2
Roberts, C.J.:
Preliminary
This is an appeal by twenty-six dispensers, who are Crown servants in the employment of the Government of Hong Kong, against a judgment of Cons, J. delivered on the 12th March, 1960, whereby he dismissed their action for a declaration and held that the Governor of Hong Kong had power, under Article XVI of the Hong Kong Letters Patent, to suspend them from their offices without pay.
Agco di During 1979, a dispute arose between the Dispensers Staff
Association, which represents the interests of dispensers in the public service, and the Hong Kong Government about the grading and pay structure of dispensers and as to their proper duties.
In September 1979, the Association advised its members
to take active industrial action. However, such action was called
off in October, on the understanding that the complaints of the
Association would be investigated by the Standing Commission on
Civil Service Salaries and Conditions of Service.
When the Commission issued its report, the recommendations
contained in it`did not satisfy the Association, which on 9th November 1979
informed the Secretary for the Civil Service that members of the
Association would resort to "work to rule", "go slow" or "strike action",
unless they received a satisfactory answer to their representations
before the 16th November, 1979.
On the 14th November, the Association told the Secretary
for the Civil Service that its members would work to rule as from
the 16th. On that date all the appellants, save one, refused to perform some part of their duties. For this reason, they were suspended from duty by the Secretary for the Civil Service, most of them with
effect from the 26th November.
The letters, which gave effect to a decision taken by the
Acting Governor on 26th September, were in the following terms