Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory variation of contracts
  • 13 Jul 2005

    SECRETARY FOR JUSTICE v. MICHAEL REID SCOTT

    Citation
    SECRETARY FOR JUSTICE v. MICHAEL REID SCOTT
    Court
    Court of Final Appeal
    Case number
    FACV8/2005

    The Court held that art.100 only prohibits reductions that render pay below the level prevailing immediately before 1 July 1997; the operative provisions enacting the pay reductions (ss.4-6 of Cap.574 and ss.4-11 of Cap.580) are valid; ss.10 and s.15 merely gave contractual effect to the specific legislative adjustments and did not introduce a new vulnerability to unilateral Executive reductions nor make conditions less favourable under art.100; failure to conduct a Pay Trend Survey did not breach art.103 because the survey and the Unit/Committee conducting it are not indispensable ‘special b…