Injured Deliveroo rider pushes Hong Kong court for gig-status trial

A Hong Kong District Court judge will rule within six months on whether an injured Deliveroo rider's bid for employee status deserves a full trial — a decision that could shape how platforms there classify freelance couriers.

Lok Sze-chu, a delivery rider who suffered severe brain injuries in a December 2022 road accident while on a delivery run, argues the court must determine his employment status at the time of the crash. Recognition as an employee would entitle him to statutory compensation under Hong Kong's Employees' Compensation Ordinance — potentially more than the payout he already received under the platform's personal accident insurance. The amount he is claiming was not disclosed in court.

What happened in court?

At Tuesday's hearing, Deliveroo's Hong Kong liquidator applied to strike out the lawsuit. Deliveroo announced its exit from the Hong Kong market in April 2025, liquidated its local operation and sold a portion of its assets; its liquidator now represents the company in the proceedings.

Earl Deng, counsel for the liquidators, argued Lok had offered only a "bare assertion" that he was an employee at the time of the accident. He told the court the platform's app let workers log on and off at will, with no obligation to accept orders. Deng said Lok agreed that was how the app worked and had voluntarily entered into an agreement with the platform when he signed up.

Deng added that Lok's "subjective feeling" about his employment status could not amount to an actual employment relationship. He also argued Lok had "abused the process" by challenging his employment status only two years after the accident.

Why does the rider want a full trial?

Lok's lawyer, Alfred Cheng, said the disputes between the parties require a full trial rather than summary determination. "The fact that the respondent pleaded 50 pages is itself proof that this case ought to go to trial," Cheng told the court. "It cannot be determined summarily."

Despite Deliveroo's market exit, Lok has continued the action to obtain a court ruling on how an employment relationship between the platform and freelance workers should be recognised — an outcome that would extend beyond his individual claim.

What is at stake financially?

Hong Kong labour law entitles workers suffering temporary incapacity to "work injury sick leave pay": 80% of the employee's monthly salary at the time of the accident, for up to two years. For a rider earning a typical courier wage, that cap equals nearly two years of lost income at four-fifths pay — a materially different frame from a one-off insurance settlement.

Lok was in his mid-forties when his electric scooter accident occurred. He sustained brain injuries and underwent major operations.

What did the judge say?

District Judge Phillis Loh Lai-ping noted that the principle of employment status is "highly fact sensitive" and that the factual circumstances of each case vary. She reserved judgment and said she would hand down a ruling within six months.

Her decision will determine whether the case proceeds to a full trial — the venue where Hong Kong's courts could first articulate how gig-economy platforms and their couriers should be classified under local employment law.