Author Archives: hksar gov

     The Government published in the Gazette today (October 19) the Air Pollution Control (Non-road Mobile Machinery) (Emission) (Amendment) Regulation 2018, which aims at further tightening in phases the statutory emission standards for non-road vehicles to improve air quality.

     The Amendment Regulation will be tabled at the Legislative Council (LegCo) next Wednesday (October 24). If approved by the LegCo, the Amendment Regulation will take effect on January 1, 2019.

     A spokesman for the Environmental Protection Department said, “To prevent the transfer of old road vehicles, which are no longer roadworthy, into use for non-road applications, it is the Government’s standing policy to adopt the same emission standards for non-road vehicles as those for road vehicles. Pursuant to the Government’s tightening of the emission standards for newly registered road vehicles to Euro VI in phases since July 1, 2017, the Amendment Regulation seeks to tighten the emission standards of the same class of non-road vehicles in line with the latest emission standards for road vehicles.”

    The spokesman added that the non-road vehicle classes affected by the Amendment Regulation include buses with design weight of more than 9 tonnes, light buses with design weight not exceeding 3.5 tonnes, goods vehicles and petrol private cars. Their emission standards will be tightened from the current Euro V to Euro VI. The emission standards for non-road diesel private cars will be tightened from California LEV II to California LEV III. For other non-road vehicle classes, including buses with design weight not exceeding 9 tonnes and light buses with design weight of more than 3.5 tonnes and special purpose vehicles, the prevailing emission standards will remain the same.

     Compared with their Euro V counterparts, Euro VI heavy duty diesel vehicles emit about 80 per cent less nitrogen oxides (NOx) and 50 per cent less respirable suspended particulates, while Euro VI light duty diesel vehicles emit about 55 per cent less NOx. read more

     The Labour Department (LD) has today (October 19) withdrawn the recognition given to the Association of Electrical and Mechanical Engineering (Hong Kong) Limited (AEME) for running the Gas Welding Safety Training Course under the Factories and Industrial Undertakings (Gas Welding and Flame Cutting) Regulation (Cap. 59AI) for persons employed at an industrial undertaking performing gas welding and flame cutting work.

     A spokesman for the LD said the AEME was found to have breached the approval conditions attached to the running of the course. A trainer of the AEME discussed a large number of questions selected from the examination paper and their respective answer choices with all the trainees right before the written examination. In addition, a trainee was found cheating during re-examination but the trainer concerned and the invigilator did not take any action. The AEME subsequently issued a certificate to that trainee. Having conducted thorough investigation and evidence gathering, and having considered the explanations and representations given by the AEME, the LD decided to withdraw the recognition in view of the serious nature of the breach.

     “We conduct surprise checks from time to time to monitor training course providers’ compliance with approval conditions of safety training courses, as part of our efforts to ensure the quality of these training courses. Failure to comply with the approval conditions may result in the withdrawal of the recognition of the courses,” the spokesman stressed.

     There are currently 21 approved course providers running the Gas Welding Safety Training Course. The course information is available on the LD’s website (www.labour.gov.hk/eng/osh/content5.htm). People who need to take the course may enrol with these approved course providers.

     “For enquiries, please call the LD’s Occupational Safety and Health Training Centre hotline on 2940 7010 or the department’s occupational safety and health advisory telephone service hotline on 2559 2297,” the spokesman said. read more

     The Lands Department today (October 19) announced the resumption of land at Tonkin Street and Fuk Wing Street in Sham Shui Po for the implementation of an urban renewal development project.
      
     The development project was included in the Urban Renewal Authority’s Business Plan for 2012-13. The project site, with an area of about 1 268 square metres, will be redeveloped for residential use with retail/commercial facilities, a clubhouse, loading and unloading facilities and basement car park facilities. Its implementation will help improve the overall living environment of the area.
      
     A total of 81 private property interests at the project site will be resumed under the Lands Resumption Ordinance. The affected interests will revert to the Government on the expiration of three months from the date on which the resumption notice is affixed on-site. Details of the private land affected were published by notice in the Government Gazette today.
      
     Apart from statutory compensation, eligible owners of domestic properties will be offered an ex-gratia home purchase allowance or a supplementary allowance as appropriate. Eligible domestic tenants will be offered rehousing to public rental housing units provided by the Hong Kong Housing Authority or the Hong Kong Housing Society, or an ex-gratia cash allowance.
      
     Eligible commercial property occupiers, including owners and tenants, may opt for an ex-gratia allowance in lieu of the right to claim statutory compensation for business and related losses.
      
     If statutory claims made by the affected owners and tenants of both domestic and commercial properties under the Lands Resumption Ordinance cannot be settled by agreement, the owners and tenants may apply to the Lands Tribunal for adjudication. Professional fees reasonably incurred by the claimants in making such claims may be reimbursed by the Government. read more

     The 2019 Rural Ordinary Election will be held in January next year. The respective polling dates for each Village and Market Town (Cheung Chau and Peng Chau) were published in the Gazette today (October 19).   &… read more

     The Employment (Amendment) (No.2) Ordinance 2018, which amends the provisions on reinstatement or re-engagement order for unreasonable and unlawful dismissal, came into force today (October 19).

     According to the amended provisions, where an employee has been unreasonably and unlawfully dismissed on or after October 19 and the employee makes a claim for reinstatement or re-engagement, and the Labour Tribunal (LT) considers that the order is appropriate and reinstatement or re-engagement of the employee by the employer is reasonably practicable, the LT can make such an order without the employer’s agreement.

     Should the employer fail to reinstate or re-engage the employee as required by the order, the employer shall pay to the employee a further sum set at three times the employee’s average monthly wages, subject to a maximum of $72,500. This amount is on top of the terminal payments and compensation payable to the employee as ordered by LT as currently provided in the Employment Ordinance (EO). The employer commits a criminal offence if he/she wilfully and without reasonable excuse fails to pay this further sum.

     Unreasonable and unlawful dismissal under the EO refers to the situation where an employee is dismissed other than for a valid reason as specified under the EO and the dismissal is in contravention of labour legislation. Valid reasons for dismissal include the conduct of the employee, his/her capability/qualification for performing the job, redundancy or other genuine operational requirements of the business, compliance with legal requirements, or other reasons of substance. Dismissals in contravention of labour legislation include dismissal during pregnancy and maternity leave, during paid sick leave, after work-related injury and before determination/settlement and/or payment of compensation under the Employees’ Compensation Ordinance, or by reason of the employee exercising trade union rights or giving evidence for the enforcement of relevant labour legislation.

     To assist employers, employees and members of the public in understanding the new law, the Labour Department has published a Brief Note of the amendments, which may be downloaded from the department’s homepage: www.labour.gov.hk/eng/news/EA(2)O2018.htm and is available at the branch offices of the department’s Labour Relations Division.

     For further enquiries, employers and employees may call the Labour Department’s 24-hour hotline at 2717 1771 (the hotline is handled by 1823) or approach the branch offices of the Labour Relations Division. read more