16 May 2007
CHAN NOI HEUNG AND OTHERS v. THE CHIEF EXECUTIVE IN COUNCIL
- Citation
- CHAN NOI HEUNG AND OTHERS v. THE CHIEF EXECUTIVE IN COUNCIL
- Court
- Court of First Instance
- Case number
- HCAL126/2006
On true construction s.2 of the Trade Boards Ordinance vests an unfettered discretion in the Chief Executive in Council to fix minimum wages when he thinks fit; the statute creates machinery but does not impose a mandatory duty to fix minimum wages in the absence of statutory language to that effect or exceptional circumstances; international instruments do not alter that plain construction; therefore the executive's decision to pursue alternative measures was lawful.