29 Nov 2004
LAU KWOK FAI BERNARD v. SECRETARY FOR JUSTICE
- Citation
- LAU KWOK FAI BERNARD v. SECRETARY FOR JUSTICE
- Court
- Court of Appeal
- Case number
- CACV199/2003
Section 10 of POPAO is unconstitutional because it inserts into existing contracts of public servants a post‑handover unilateral power to reduce pay that was not part of their conditions of service before 1 July 1997, thereby making conditions of service less favourable than before and breaching Article 100 of the Basic Law; consequently applicants are not contractually bound to accept the legislated reductions and s.10 must be declared invalid.