DCCJ 4624/2021

[2024] HKDC 1323

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 4624 OF 2021

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JUDGMENT

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Introduction

1. The Plaintiff is a public relations agency in Hong Kong. The Defendant was a former employee of the Plaintiff. In this action, the Plaintiff claims that the Defendant has acted in breach of confidence and her employment agreement with the Plaintiff.

2. During the trial, the Plaintiff called Ms Mona Wong (one of the two directors and a majority shareholder of the Plaintiff, holding more than 90% of the Plaintiff’s shareholding), Ms Hilda Lam (an administrative and personal assistant employed by the Plaintiff), and Ms Cher Chui (a former employee of a client of the Plaintiff) to testify, whereas the Defendant herself gave evidence and called no other witness.

3. At the end of the trial I reserved judgment, which I now hand down.

Background

4. The Plaintiff is a company incorporated in Hong Kong. Since 2003, the Plaintiff has been engaged in the communications industry, offering public relations services to clients, most of which are from the fashion industry.

5. The Defendant graduated from university in 2013. After briefly working in an event management company from September 2013 to January 2014, she obtained employment from the Plaintiff.

6. On 29 January 2014, the Plaintiff and the Defendant signed a document titled “Confirmation of Employment”, which set out the terms and conditions of the Defendant’s employment (“Employment Agreement”). The following terms are of relevance:-

(1) The title of the Defendant’s position was PR assistant.

(2) The basic monthly salary of the Defendant was HK$10,000.

(3) After probation, either the Plaintiff or the Defendant could terminate the employment by giving the other side a one-month notice.

7. On the same day, the Plaintiff and the Defendant also signed a document titled “Re: Protection of Company Information and Materials” (“Conditions”), which is the key document in this dispute. Given the importance of the Conditions, I will reproduce its contents in full:-

“With reference to your employment with Moxie Communications Ltd. as PR Assistant, we take this opportunity of reminding you of your obligations as such employee, which obligations take effect throughout the tenure of your employment and shall also survive termination of your service with us.

In the course of your employment with this Company, you have or have had access to company papers and materials and thereby acquired knowledge of our products, pricing structure, trading methods, manufacturing source, production base identity of product suppliers, contractors or sub-contractors, customers lists, and other commercial data, information or trade secrets pertaining to our operations (correctively referred to as our “BUSIN