Estate of late Legco president Sir John Joseph Swaine ordered to pay HK$750,000 in unpaid wages

The estate of the late Sir John Joseph Swaine, former president of the Legislative Council and a senior barrister, has been ordered to pay about HK$750,000 in unpaid wages to his former personal assistant. The ruling, handed down this month, found the assistant’s testimony unchallenged and ruled in his favour against the estate’s administrator.

Case timeline

What was claimed — and what was won

The assistant originally sought more than HK$770,000 from the estate administrator, covering unpaid salary, MPF contributions and severance. He was awarded about HK$750,000.

One element was dropped along the way: the MPF-contributions claim was withdrawn during the trial. The judge noted that proceedings over MPF contributions would normally be brought by the MPFA, not by an individual employee.

That is a point worth noting for workers: when an employer defaults on MPF contributions, enforcement sits with the MPFA — it is not a claim for the employee to bring personally. With that part withdrawn, the case proceeded purely as a civil claim for wages and related sums.

Why he won: unchallenged evidence

The judge stated plainly that because the plaintiff’s testimony went unchallenged during the trial, he found in the plaintiff’s favour. The estate administrator was unable to mount an effective challenge to the assistant’s account, so the court accepted it in full.

What it means for employees

• Death does not erase unpaid wages. Even after an employer’s death, an employee can pursue the estate’s administrator for arrears.
• MPF arrears are the MPFA’s to chase. If an employer defaults on contributions, report it to the MPFA rather than suing personally.
• Keep your evidence. The winning edge here was testimony that withstood trial — employment contracts, attendance and pay records are worth keeping safe.