Hong Kong Case Law: Decisions & Judgments

Topic

Public officers pay adjustment

Legal area

Court

6 Apr 2006

THE GOVERNMENT OF THE HKSAR v. MICHAEL REID SCOTT

Citation

THE GOVERNMENT OF THE HKSAR v. MICHAEL REID SCOTT
Court

Court of Final Appeal
Case number

FACV16/2004

The Court dismissed Mr Scott's applications to re-open the two final appeals because his materials did not meet the very high threshold of 'wholly exceptional reasons' necessary to re-open a final appeal; the earlier decision upholding the challenged pay adjustment statutes stands and there will be consideration of costs in accordance with directions given.
13 Jul 2005

SECRETARY FOR JUSTICE v. LAU KWOK FAI BERNARD

Citation

SECRETARY FOR JUSTICE v. LAU KWOK FAI BERNARD
Court

Court of Final Appeal
Case number

FACV15/2004

Operative statutory reductions of public officers' pay in ss 4-6 of Cap.574 and ss 4-11 of Cap.580 are valid; ss 10 (Cap.574) and 15 (Cap.580) which vary contracts to authorize those specific reductions do not make conditions of service less favourable within the meaning of Basic Law art.100 and do not breach art.103; art.100 only protects entitlements from falling below the level immediately before 1 July 1997 and art.103 does not constitutionally require a Pay Trend Survey or preservation of the Unit/Committee as 'special bodies' in every pay exercise.
4 Feb 2005

MICHAEL REID SCOTT v. SECRETARY FOR JUSTICE

Citation

MICHAEL REID SCOTT v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL38/2004

The Court was bound by the Court of Appeal's finding that the impugned legislation effects changes to conditions of service contrary to Basic Law art.100 and thus s.15 is unconstitutional insofar as it purports to vary contracts to permit pay reductions; however, Basic Law art.103 does not impose a rigid obligation to conduct a Pay Trend Survey on every pay adjustment and the Unit and Committee responsible for such surveys are not per se 'special bodies' whose continuance is constitutionally protected, so the failure to conduct a survey did not in itself breach art.103. The applicant therefor…
29 Nov 2004

MICHAEL REID SCOTT v. HKSAR

Citation

MICHAEL REID SCOTT v. HKSAR
Court

Court of Appeal
Case number

CACV401/2003

By majority the Court held that section 10 of POPAO unlawfully inserts into pre‑1997 employment contracts an express statutory power permitting unilateral pay reductions; that insertion materially altered conditions of service to make them less favourable than before 1 July 1997 and therefore breached Article 100 of the Basic Law; accordingly section 10 is unconstitutional and the applicants are not bound under their contracts to accept the legislated pay reduction.
10 Jun 2003

GOVERNMENT PARK AND PLAYGROUND KEEPERS UNION AND OTHERS v. SECRETARY FOR JUSTICE

Citation

GOVERNMENT PARK AND PLAYGROUND KEEPERS UNION AND OTHERS v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL180/2002

The Public Officers Pay Adjustment Ordinance 2002 is constitutionally valid: it lawfully varied civil service pay prospectively in accordance with an established, long‑standing collective mechanism; it applied to a constitutional class (public servants) and was not retrospective, did not unlawfully deny access to courts, did not contravene Arts.100,103,102,105,35,39 or 160 of the Basic Law, and was a proportionate exercise to serve legitimate constitutional fiscal aims (including Art.107). The applications for judicial review are dismissed.

Hong Kong Case Law

THE GOVERNMENT OF THE HKSAR v. MICHAEL REID SCOTT

SECRETARY FOR JUSTICE v. LAU KWOK FAI BERNARD

MICHAEL REID SCOTT v. SECRETARY FOR JUSTICE

MICHAEL REID SCOTT v. HKSAR

GOVERNMENT PARK AND PLAYGROUND KEEPERS UNION AND OTHERS v. SECRETARY FOR JUSTICE