Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Colonial regulations
  • 28 Nov 1980

    LAW YUK-MING AND OTHERS v. ATTORNEY GENERAL

    Citation
    LAW YUK-MING AND OTHERS v. ATTORNEY GENERAL
    Court
    Court of Appeal
    Case number
    CACV44/1980

    The Court held that Article XVI of the Hong Kong Letters Patent empowers the Governor to suspend public officers and that such suspension can include suspension without pay; Colonial Regulations are subordinate instructions binding the Governor but do not form part of officers' contracts; Government Regulations (including C.S.Rs) are incorporated into contracts of service and, given the express contractual reservation permitting unilateral variation, C.S.R.611 validly became a term of service on promulgation and did not conflict with Colonial Regulations; consequently the appellants' declarat…