Read the full judgment text of FAMV 000047/2008 on BabelCite. This FAMV judgment was delivered on 23 March 2009 before Chief Justice Li, Chan PJ, Ribeiro PJ.
Administrative law – statutory interpretation – minimum wage – Trade Boards Ordinance (Cap 63) – duty to implement – discretion – Chief Executive in Council – voluntary Wage Protection Movement – legislation – leave to appeal – application dismissed – costs. The applicants sought leave to appeal against the Court of Appeal's dismissal of their challenge to the Chief Executive in Council's failure to fix minimum wages for cleaning workers and security guards under the Trade Boards Ordinance. The Court of Final Appeal held that the Ordinance provides only a discretionary machinery for fixing minimum wages; implementation does not require the CE in Council to actually fix wages, but only to consider whether to exercise the discretion. The CE in Council had not renounced the Ordinance, but had considered it ineffective and instead adopted a non-statutory scheme and later pledged legislation. There were no reasonable grounds for leave to appeal, and the application was dismissed with costs.
Legal issues: Duty to implement statutory machinery under Trade Boards Ordinance
Outcome: Application for leave to appeal dismissed