Ingham v Hie Lee

This case involved an appeal to the High Court of Australia from a decision of the Supreme Court of Victoria. The informant, Ingham, had charged the respondent, Hie Lee, a Chinese laundryman, with permitting a Chinese person, Ah Chook, to work in his laundry after 5 pm, contrary to section 42 of the *Factories and Shops Act 1905* (Vic). The evidence indicated that Ah Chook was a lodger at the premises and was ironing his own shirt during the prohibited hours. The justices dismissed the information, and this decision was affirmed by Madden C.J. in the Supreme Court.

The central legal issue before the High Court was the interpretation of the word "work" in section 42 of the *Factories and Shops Act 1905*. Specifically, the court had to determine whether the section prohibited any manual labour performed by a Chinese person in a factory outside of the prescribed hours, or if it was limited to "factory work" or work done for hire or reward. The Act defined a "factory" broadly to include any place where Chinese persons were employed in "handicraft," which encompassed any work done in a laundry.

The High Court, affirming the decision of the Supreme Court, held that the word "work" in section 42 was intended to mean "work at factory work." The court reasoned that where statutory language is ambiguous, regard must be had to the general object and purpose of the Act. The purpose of the Act was to regulate the hours of factory labour and prevent unfair competition, not to prohibit individuals from performing personal tasks in their own time. To interpret "work" as any manual labour would lead to manifest injustice and extend the restriction of common law rights beyond what was plainly intended by the legislature. Therefore, ironing one's own shirt in a laundry, even outside of business hours, did not constitute "work" within the meaning of the section.

Consequently, the High Court dismissed the appeal with costs, upholding the decision that Hie Lee had not breached the provisions of the *Factories and Shops Act 1905*.