Hong Kong Case Law: Decisions & Judgments

Topic

Compulsory retirement in the public interest

Legal area

Court

28 May 2004

YIM SHIK SHI v. THE SECRETARY FOR THE CIVIL SERVICE

Citation

YIM SHIK SHI v. THE SECRETARY FOR THE CIVIL SERVICE
Court

Court of First Instance
Case number

HCAL128/2003

The application was dismissed because the court found no unfairness or real danger of bias in the appraisal reports, any departures from non‑statutory procedural guidelines were minor and non‑prejudicial, the supervising officers rationally considered the transfer request, and the Secretary independently considered the representations before ordering retirement.
19 Aug 1992

RE CHEUNG WING KWAN AND OTHERS

Citation

RE CHEUNG WING KWAN AND OTHERS
Court

Court of Appeal
Case number

CACV145/1991

By majority the Court held that no legitimate expectation arose from reinstatement and continued employment, and that the letters from the Secretary for the Civil Service adequately informed appellants of the grounds for contemplated retirement and afforded opportunity to make representations under Colonial Regulation 59; the undisclosed prosecutorial comments were not material such as to deny procedural fairness, and pension entitlement remained governed by the Pensions Ordinance, so the appeals were dismissed.
19 Aug 1992

RE CHEUNG WING KWAN AND OTHERS

Citation

RE CHEUNG WING KWAN AND OTHERS
Court

Court of Appeal
Case number

CACV140/1991

By majority the Court held appellants did not establish a legitimate expectation from reinstatement and were adequately informed of the grounds for contemplated retirement and given an opportunity to make representations; undisclosed prosecutorial and DPP comments did not render the procedure unfair or vitiate the Governor's decision under Colonial Regulation 59; the Governor's refusal to direct immediate pension payments was within statutory discretion; appeals dismissed.

Hong Kong Case Law

YIM SHIK SHI v. THE SECRETARY FOR THE CIVIL SERVICE

RE CHEUNG WING KWAN AND OTHERS

RE CHEUNG WING KWAN AND OTHERS