be allowed to continue to be union members and that any changes in terms of service would be preceded by a process. of consultation.
The employees were in principle entitled to have had an opportunity to present arguments against such changes.
6. In other words, legitimate expectation of a benefit engendered by previous government practice such as that of the HMOCS officers under previous White Papers and the arrangements made for other dependent territories is very likely to be reviewable and if change in that benefit has not been preceded by consultation, the courts may well hold that HMOCS officers have not been given the right to be heard. There is also a Privy Council case involving Hong Kong, the Attorney General of Hong Kong v Ng Yuen Shin, which supports this. In that case, the Privy Council noted that the audi alteram partem principle applies generally where a decision or action is to be taken such as may defeat a citizen's legitimate expectations in a matter.
HR3AAM
Shelagh Brooks.
Miss Shelagh Brooks
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