Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Pensions

  • 15 Oct 2010

    HK v. BD

    Citation
    HK v. BD
    Court
    Court of Appeal
    Case number
    CACV252/2009

    The Court of Appeal held the trial judge correctly valued the matrimonial estate at the date of trial and lawfully exercised discretion to order equal division based on need, the centrality of the matrimonial home, the parties' joint efforts to build the estate and the husband’s secure pension; the appellant failed to show the judge's conclusion was plainly wrong; the judge also properly exercised discretion on costs to order each party bear their own costs and the appeals on costs were dismissed.

  • 7 Nov 2003

    MICHAEL REID SCOTT v. THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

    Citation
    MICHAEL REID SCOTT v. THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
    Court
    Court of First Instance
    Case number
    HCAL188/2002

    Application dismissed: the Ordinance did not contravene the Basic Law because art.100 guarantees that terms of service be no less favourable in substance than before 1 July 1997 rather than an absolute freeze; prior law (Lam Ming) permitted legislative variation of public service contracts; the reductions were lawful, non-retrospective adjustments calculated by established mechanism; pay as future remuneration was not protected 'property' for arts.6/105 in the challenged sense; the measure was not de facto discriminatory taxation and the judicial exemption was justified to protect independenc…

  • 10 Jun 2003

    LAU KWOK FAI BERNARD v. SECRETARY FOR JUSTICE

    Citation
    LAU KWOK FAI BERNARD v. SECRETARY FOR JUSTICE
    Court
    Court of First Instance
    Case number
    HCAL177/2002

    The Ordinance is constitutionally valid because it applies to a constitutionally recognised class (public servants), implements reductions calculated by the long‑established and participatory pay adjustment mechanism, is non‑retrospective, pursues the legitimate constitutional aim of fiscal sustainability under art.107, is proportionate in purpose and effect, does not unlawfully deprive access to courts or usurp judicial power, and legislative variation of civil service contracts in these circumstances is within the preserved system protected by arts.103 and 160 and supported by precedent (La…

  • 7 Apr 2000

    SHAU LIN CHI v. SECRETARY FOR THE CIVIL SERVICE

    Citation
    SHAU LIN CHI v. SECRETARY FOR THE CIVIL SERVICE
    Court
    Court of First Instance
    Case number
    HCAL4/1999

    The challenged decision was made by the Respondent in the capacity of employer on a factual, contractual matter and did not involve the exercise of public law powers or policy affecting others; therefore it did not raise a public law issue and was not amenable to judicial review, and conversion to an ordinary action was refused on discretional grounds.

  • 22 Sept 1979

    YUEN YU BIU v. YUEN NIP YULANDNA

    Citation
    YUEN YU BIU v. YUEN NIP YULANDNA
    Court
    Court of First Instance
    Case number
    HCMC35/1978

    The court found on the facts that the parties continued to share the same household and the petitioner's conduct did not amount to 'living apart' for the requisite continuous five‑year period under s.11A(1)(e); alternatively, even if the statutory period had been met, the petitioner’s proposals were insufficient to avoid the grave financial hardship to the respondent under s.15B, and therefore the petition must be dismissed.