Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory validity

  • 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…