Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Public officers pay adjustment ordinances (cap.574, cap.580)
  • 13 Jul 2005

    HKSAR v. MICHAEL REID SCOTT

    Citation
    HKSAR v. MICHAEL REID SCOTT
    Court
    Court of Final Appeal
    Case number
    FACV16/2004

    The Court held that the operative provisions (ss.4-6 Cap.574 and ss.4-11 Cap.580) validly reduced pay within the limits of Basic Law art.100 because art.100 only forbids reductions below the level prevailing immediately before 1 July 1997; ss.10 and s.15 are also valid because they merely reflected and provided contractual authorization for the specific legislative adjustments and did not introduce a novel contractual exposure to unilateral executive reductions that would render conditions less favourable; art.103 was not breached by the decision not to conduct a Pay Trend Survey because the…

    • Basic law article 100
    • Basic law article 103
    • Public officers pay adjustment ordinances (cap.574, cap.580)
    • Judicial review
    • Legislative power to alter contracts
    • Pay trend survey