Tag Archives: China

     Following is a question by the Hon Kingsley Wong and a written reply by the Secretary for Labour and Welfare, Mr Chris Sun, in the Legislative Council today (October 18):

Question:

     According to the figures of the Labour Department, there were a total of 529 fatal cases of occupational injuries and deaths in 2021 and 2022. However, it is learnt that not all fatal cases were classified as “accidents”, thus resulting in quite a number of fatal cases being not eligible for the compensation for death provided under the Employees’ Compensation Ordinance (Cap. 282). Besides, there are views that as workers under “informal employment” (e.g.‍ delivery workers, as well as practitioners in the transport and entertainment industries) have no clear employment relationship with the organisations they work for, coupled with the prevalence of “false self-‍employment”, relevant practitioners can hardly obtain reasonable compensation for accidents encountered at work, and such cases will also not be included in the statistics on occupational injuries and deaths. In this connection, will the Government inform this Council:

(1) as some trade unions have relayed that while quite a number of occupational injuries and deaths involving non-industrial accidents were probably triggered by factors such as overexertion at work and heat stroke, the relevant injuries and deaths often happened only until lunch or rest breaks, whether the Government has conducted studies on the relevant cases with a view to improving occupational safety through targeted measures;

(2) whether it will amend the Employment Ordinance (Cap. 57) to prevent employers from evading their responsibilities by means of false self-employment, thereby protecting workers under informal employment;

(3) given that the Government indicated at the meeting of the Panel on Manpower of this Council held on February 21 this year that it would study whether and how data relating to injuries and deaths of self-‍employed persons at work could be kept, of the progress of the relevant study; and

(4) whether it will make reference to the more lenient approach adopted under the Traffic Accident Victims Assistance Scheme and set up a similar assistance fund, or launch an assistance programme under the Community Care Fund, so that all cases of injuries and deaths in the course of work can receive a certain amount of compensation, thereby improving the protection for occupational injuries and deaths in Hong Kong?

Reply:

President,

     The reply to the Member’s question is as follows:

(1) In some of the occupational injury cases that are not caused by industrial accidents, occupational health issues may be involved. The Labour Department (LD) will conduct investigation on these cases in accordance with the Occupational Safety and Health Ordinance and the Factories and Industrial Undertakings Ordinance, and collect information (such as details of their work and environmental conditions, statements from relevant persons, medical and autopsy reports, etc.). If the investigation results indicate that there are irregularities in respect of occupational safety and health, appropriate follow up measures will be taken by the LD. This includes taking corresponding enforcement actions if there is violation of relevant provisions. Depending on the situation, the LD may also update relevant guidelines and codes of practice, etc.

(2) Employers cannot evade their obligations under labour laws by falsely labelling an employee as a “self-employed person”. Whether an individual is genuinely an employee does not depend on which industry he is in, his occupation or job title, but rather on the specific work arrangements. If there exists in substance an employment relationship between the contractual parties, the employer must fulfil his liabilities under the Employment Ordinance and pay the employee the statutory employment benefits. Otherwise, the employer will be held criminally liable for relevant offences.

(3) Occupational injuries refer to injury cases in workplaces reported under the Employees’ Compensation Ordinance (ECO), resulting in death or incapacity for work of over three days.

     Industrial accidents refer to injuries and deaths arising from industrial activities in industrial undertakings as defined under the Factories and Industrial Undertakings Ordinance.

     In response to Members’ query at the Panel on Manpower in February 2023, the LD has conducted an assessment and studied the definitions of the relevant ordinances and the operational feasibility. We are of the view that it is not easy to define self-employment. There is no single conclusive test to distinguish whether a person is an employee or a self-employed person.

     In view of the above, the statistics on occupational injuries and industrial accidents do not include a breakdown of self-employed persons.

(4) The current employees’ compensation system is premised on a no-fault principle and employers’ liability to pay compensation on the basis of the ECO.

     Under the ECO, employers are liable to pay compensation to their injured employees (and family members of their deceased employees) for incapacities or fatalities resulted from accidents arising out of and in the course of employment or resulted from the prescribed occupational diseases. If injured employees/family members of deceased employees encounter financial difficulties, the LD will, taking account of their needs and wishes, refer them to the Social Welfare Department or related organisations for assistance and/or support of relevant funds.

     The Government at present has no plan to set up a separate programme or assistance fund on compensation for employees’ work injuries outside the employees’ compensation system. read more

     Following is a question by the Hon Chu Kwok-keung and a written reply by the Secretary for Education, Dr Choi Yuk-lin, in the Legislative Council today (October 18):

Question:

     It is learnt that currently, primary schools operating 11 or fewer classes do not have a deputy head rank, and the Education Bureau (EDB) has pitched the rank of heads of such primary schools at the rank of Senior Primary School Master/Mistress, which is equivalent to the deputy head rank in primary schools operating 12 or more classes. As the EDB’s requirements for and assessment of schools will not be relaxed even they are operating a smaller number of classes, schools with a smaller number of classes are under manpower constraints, with their average workload being heavier than schools operating a larger number of classes. As a result, quite a number of problems have emerged, including frequent staff turnover, prolonged instability of the management, difficulty for schools to sustain their development, hindrance to the professional development of teachers, and serious impact on the learning of students. In this connection, will the Government inform this Council:

(1) whether it has plans to create the post of deputy head for primary schools operating 11 or fewer classes to share the work of the head; if so, of the implementation timetable;

(2) whether it has plans to upgrade the rank of heads of primary schools operating 11 or fewer classes to the Headmaster/Headmistress II rank; if so, of the implementation timetable; if not, the reasons for that; and

(3) of the measures in place to support primary schools operating 11 or fewer classes so that they can sustain their development?
 
Reply:

President,

     Generally speaking, the staffing and resources required of a school depend on the number of classes it operates. Under the existing mechanism, the Education Bureau (EDB) will, based on the Codes of Aid and the principles set out in the relevant circulars, provide schools with regular teaching posts on the approved establishment according to the number of approved classes. Public sector primary schools operating 11 or fewer classes are smaller in scale, the middle management is taken charge by senior teachers and school operations are led by the school head. As such, the teaching staff establishment is comprised of three levels, including basic rank teachers, senior teachers and school head at the corresponding ranks of Assistant Primary School Master/Mistress (APSM), Primary School Master/Mistress (PSM) and Senior Primary School Master/Mistress (SPSM) respectively. My consolidated reply in response to the questions raised by the Hon Chu Kwok-keung is as follows:

     To enhance the quality of education, the Government has been allocating substantial resources in recent years to improve the manpower arrangement of schools and enhance teaching and learning. The Government set up the Task Force on Professional Development of Teachers (the Task Force) in November 2017 to review on issues relating to promoting professional development of teachers. After extensive consultation, in-depth studies and deliberation, the Task Force submitted a report in March 2019, putting forward a total of 18 recommendations related to establishing a professional ladder for teachers, implementing the all-graduate teaching force policy, enhancing the ranking arrangement of school management, etc. The Government has accepted all the recommendations of the Task Force and relevant measures have been implemented, which include improving manpower at the middle management level and rationalising salaries for school heads in public sector primary schools, so as to improve the school management standard, strengthen professional capacity and support for the holistic development of schools and enhance the quality of education.

     In recent years, the EDB has implemented various initiatives to increase manpower, maintain the stability of the teaching force and enhance teachers’ professional roles, benefiting primary schools of different scales, including those operating 11 or fewer classes. With effect from the 2017/18 school year, the EDB has increased the teacher-to-class ratio for public sector primary and secondary schools across the board and provided public sector schools with around 2 200 additional regular teaching posts. The EDB also fully implemented the all-graduate teaching force policy in the 2019/20 school year with a view to facilitating teachers’ professional development, as well as enhancing their professional roles and functions. The “one executive officer for each school” policy was implemented in the same year to strengthen school administrative support and at the same time reduce the administrative work of teachers and school heads, thereby creating room for them to focus more on education tasks. In addition, the EDB has also provided additional regular teaching posts for schools under various initiatives, together with cash grants featured by their deployment flexibility so that schools can, according to school-based circumstances, employ additional teaching and non-teaching staff and/or hire services to support school development and meet students’ needs.

     Regarding school management, the EDB has been enhancing the ranking arrangement for the management of primary schools. For instance, starting from the 2020/21 school year, the Primary School Curriculum Leader post in public sector primary schools operating 11 or fewer classes has been upgraded from the provision of an APSM post or Curriculum Leadership Grant to a PSM post in order to strengthen the support for smaller schools in curriculum leadership. With the implementation of the measures to improve the manpower at the middle management level in primary schools starting from the 2022/23 school year, all primary schools (including those operating 11 or fewer classes) have been provided with more senior teachers to take up school management duties with a view to improving the school management standard, strengthening professional capacity and enhancing the quality of education. Besides, the EDB has implemented the measure to rationalise the salaries for school heads and deputy heads in public sector primary schools since the 2022/23 school year, thereby benefiting the school heads in small-scale schools.

     With the implementation of the above enhancement measures, the manpower at the management level and principals’ remuneration in primary schools of different scales have been reasonably improved. At present, the schools have been actively utilising the new resources, properly deploying their staff, enhancing the teaching and learning as well as promoting the schools’ development. Various enhancement measures are yielding results progressively. As regards Member’s concerns about the manpower and management issues encountered by individual schools, this Bureau considers appropriate solutions should be sought by focusing on the crux of the issues, instead of simply relying on improving the manpower or principals’ remuneration to address the issues. Schools should properly utilise public funds, leverage their professionalism and ensure the provision of quality education. Therefore, the EDB does not agree to address the issues by adjusting the manpower arrangement or upgrading the rank of school head in primary schools operating 11 or fewer classes. We reiterate that, with the decline in school-age population, there may be changes in the scales for certain schools. The EDB will work along with different stakeholders, with the interests and well-being of students as its prime consideration and through multipronged measures, such as to encourage school sponsoring bodies to plan ahead and explore possibilities to consolidate and integrate school resources, to stabilise the learning and teaching environment and ensure the quality of education. read more

     Renowned Canadian contemporary physical theatre troupe, The 7 Fingers, will come to Hong Kong to present the Asia premiere of “Passengers” in early December. The troupe tells the captivating stories of encounters, reunions and goodbyes of strangers in transit through the form of acrobatics, theatre, music and dance performance. The three dazzling performances will also open the Leisure and Cultural Services Department’s “Cheers!” Series this year.
 
     The production takes train travel as the story background. Passengers on this train express their dreams through the exuberance of their bodies. The astounding skills like the silks, flying trapeze, tightrope walking, juggling and hula hoops demonstrate the physical artistry and beauty of the performers. Combining choreography, multimedia effects, music and bits of monologue, the production perfectly captures the essence of human connection and emotions that guarantee an unforgettable theatrical experience for audiences of all ages.
 
     The 7 Fingers was founded in 2002 and strives to redefine the circus by stripping down the spectacle to its thrilling essence. The seven founders set out to tell stories with death-defying acrobatics and life-affirming theatricality. The troupe has produced its own signature touring shows and created diverse theatrical experiences.
 
     “Cheers!” Series: “Passengers” by The 7 Fingers will be held at 8pm on December 1 and 2 (Friday and Saturday), and at 3pm on December 3 (Sunday) at the Auditorium of Sha Tin Town Hall. Tickets priced at $180, $260, $320 and $380 are now available at URBTIX (www.urbtix.hk). For telephone bookings, please call 3166 1288. Package discounts will be available for ticket purchases with “Cheers!” Series programmes to be held between December 2023 and February 2024. For programme enquiries and concessionary schemes, please call 2268 7323 or visit www.lcsd.gov.hk/CE/CulturalService/Programme/en/multi_arts/programs_1633.html.
 
     Moreover, two workshops (conducted in English with Cantonese interpretation) will be organised. The first workshop will be held at 8pm on November 30 (Thursday) at the Music Studio of Sha Tin Town Hall. It is suitable for those with a dance or gymnastics background, wishing to deepen their knowledge and technical skills in the acrobatic discipline. The second workshop will be held at 2pm on December 2 (Saturday) at the Dance Studio of Sha Tin Town Hall. Members of the troupe will guide participants through the foundations of different acrobatic disciplines in an interactive approach. Tickets priced at $150 per workshop are now available at URBTIX. For details, please refer to the above-mentioned website.

          

     The Import and Export (Strategic Commodities) Regulations (Amendment of Schedules 1 and 2) Order 2023 (Order) will come into effect on November 1. The Order updates the control list of strategic commodities set out in the Import and Export (Strategic Commodities) Regulations (Cap. 60, sub. leg. G) (Regulations) to reflect the changes adopted by leading international non-proliferation regimes with respect to the technologies and items under control as well as the control thresholds. At the same time, the Order extends the import, export, transhipment and transit control stipulated in the Regulations to articles regulated under the Arms Trade Treaty (ATT).
          
     The control list of strategic commodities in Hong Kong mirrors the control lists adopted by the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Nuclear Suppliers Group, the Missile Technology Control Regime, the Australia Group, and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.
      
     Also, with the accession of the country to the ATT as a State Party, the Central People’s Government has extended the application of the ATT to the Hong Kong Special Administrative Region under Article 153 of the Basic Law. After the Order comes into effect, the articles regulated under the ATT can be covered by Hong Kong’s control list of strategic commodities.
      
     The Government updates the control list in a timely manner to ensure that Hong Kong’s control system is in line with international standards, which is vital to the trade in doing import/export businesses with foreign trading partners and licensing authorities.
      
     The Trade and Industry Department has informed the trade of the amendment details through trade circular and the department’s website (www.stc.tid.gov.hk/eindex.html). Enquiries can be made to the Strategic Trade Controls Branch of the department by telephone at 2398 5587 or by email at stc@tid.gov.hk.
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     The Inland Revenue (Amendment) (Disposal Gain by Holder of Qualifying Equity Interests) Bill 2023 will be gazetted on October 20 and introduced into the Legislative Council on November 1. The Bill seeks to introduce a tax certainty … read more