Referring to HK constitution (憲法) Chapter 606 (Public Officers Pay Adjustment Ordinance), HA staff is also a kind of civil servant "HA CS". All CS are paid acc to constitutional pay scales. HA CS and ICAC staff just have separate scales. However what is totally missing in Cap.606 is how the different pay scales are linked (or delinked), to what extent and under what circumstances. I think that's an ambiguity, and is indeed a debatable issue. In the news article " [薪酬趨勢］調查不適用於政府資助機構" is just a contention. It needs a serious review on the constitutional role of HA and the HA General Pay Scale.
Mr.Solomon's letter to ALL staff of HA cannot be overlooked. It's not just a historic piece of internal message, but potentially a legally enforceable Practice Direction. Acc to Cap.113 (HA Ordinance) s15 "CE may give directions", he is empowered to give directions in writing. Reading Solomon's letter for few more times, it seems that he should have understood the ambiguity in pay adjustment legislations, and strategically laid down his understanding and future expectations by writing. Was his view on HA Pay Scale of "public interest", "in relation to the performance of its functions"? That should be HKPDA's contention.
The undisputed fact - that some of the HA staff accepted a cut in payment years ago in the hope that their payment can follow the rise in the future - is a very legitimate expectation, and should put HA staff in the stronger ground.
The Secretary for Financial Services/Treasury of HA, however, also own its constitutional authority in giving directions about the expenditure, acc to HA Ord. s7-2. It's another potentially debatable issue on which direction to follow in 2015/16 - ex-CE's letter '09, or Treasury's report '15?
"I do not purport to present the views that would match the legal advice of a lawyer. My sharing aimed at supplying the interested parties with the background legislative papers related to this pay adjustment exercise. Those with concerns in this affair are strongly advised to seek proper legal advice in case of need."
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