And so how do you explain the recent successes of the FAU and DPA? The wins had nothing to do with legal gymnastics.
Are you suggesting sitting and doing nothing (or next to nothing) is the best solution? Industrial relations is like a game. You have to play to win. Management is playing. Why aren't we?
As an aside, I agree with your understanding of the HK legal system. Although I believe our labour laws are weak, HK contract law isn't. Just ask the leaders of the FAU. And just read this:
http://www.pprune.org/forums/showthread.php?t=305579. We do have a legal leg to stand on. In fact, we have many legs...