For discussion EC(96-97)45
on 13 November 1996

ITEM FOR ESTABLISHMENT SUBCOMMITTEE
OF FINANCE COMMITTEE

HEAD 146 - GOVERNMENT SECRETARIAT:
EDUCATION AND MANPOWER BRANCH
Subhead 001 Salaries

Members are invited to recommend to Finance Committee the creation of the following post in the Education and Manpower Branch of the Government Secretariat with effect from 1 January 1997 -

1 Administrative Officer Staff Grade C
(D2) ($102,900 - $109,250)

PROBLEM

The Education and Manpower Branch (EMB) does not have adequate staffing support at the Directorate level to cope with the significant increase in workload arising from the need to enhance industrial safety in Hong Kong as well as to handle other industrial safety related issues.

PROPOSAL

2. The Secretary for Education and Manpower (SEM) proposes to create one permanent post of Administrative Officer Staff Grade C (AOSGC) (D2) with effect from 1 January 1997 to cope with the additional workload in respect of industrial safety and other related issues.

JUSTIFICATION

The existing structure of EMB

3. At present, SEM (D8) is assisted by two Deputy Secretaries (one at D4 and another at D3 level) and seven Principal Assistant Secretaries (PASs) (D2) (five permanent and two supernumerary posts). An organization chart of EMB and the responsibilities of the seven PASs are at Enclosures 1 and 2 respectively.

Need for a new permanent post

4. At present, PAS(EM)5 is responsible for work on human resource development and related issues, including vocational training, age discrimination, employment related aspects of foreign domestic helper policy, etc. When we created this supernumerary post for two years in March 1996, our intention was that the post holder should absorb the workload arising from industrial safety and related issues from PAS(EM)7, a post then on loan from the Civil Service Branch (CSB). In the past few months, however, there has been considerable increase in the workload of PAS(EM)5 in respect of his original schedule of responsibilities. At the same time, the scope of work on industrial safety and related issues has been expanding tremendously to meet with increasing public concern and expectation. As we will explain in greater detail in the following paragraphs, we do not consider it possible for PAS(EM)5 to take on, as previously planned, any policy functions in industrial safety which, in the light of latest developments, justify a permanent AOSGC post.

Increase in workload of PAS(EM)5

5. The workload of PAS(EM)5 has increased considerably since the post was created. At that time, we were about to begin the strategic and organizational review of the Vocational Training Council (VTC). It was apparent from the outset that there would be some follow-up work on the consultancy report. However, given the complex nature of many of the recommendations, particularly in such areas as the organization and management structure of the VTC, its relationship with Government, and the membership and role of the VTC’s Council, Training Boards and Committees, etc., this exercise now requires much more of PAS(EM)5’s time than originally anticipated. Indeed, PAS(EM)5 will be heavily engaged over the next year or so in ensuring the successful and timely implementation of those recommendations.

6. At the time of creating the PAS(EM)5 post, we were in the process of finalising the consultation paper on age discrimination in employment. In the light of the outcome of the consultation exercise, the Administration has now decided to embark on a sustained, long-term public education and self-regulation programme. EMB will be responsible for drawing up the programme and overseeing its implementation. PAS(EM)5 will have to co-ordinate this important task.

7. In addition, PAS(EM)5 is the Hong Kong focal point for liaison with the Asia Pacific Economic Co-operation (APEC) Human Resource Development Working Group. Issues discussed at the Working Group fall under the economic and technical co-operation side of APEC (as opposed to the trade liberalization side). A recent switch in emphasis to economic and technical co-operation issues has led to a large increase in requests for input to reports, consideration of projects, and contributions in terms of other areas of work. Furthermore, in the last few months we have been drawing up plans for the establishment of an APEC Study Centre - this requires increasing liaison with the six tertiary institutions that have expressed an interest in the subject. We are also under pressure to set up in Hong Kong the APEC Business Volunteer Programme - a concept whereby business people/experts could assist in less developed APEC economies. APEC is a major priority and is likely to remain so, and we consider it desirable for Hong Kong to participate actively in areas where we can contribute and benefit. This level of workload could not be foreseen in early 1996 when we created the supernumerary post of PAS(EM)5.

8. PAS(EM)5 is also responsible for dealing with requests by the Construction Industry Training Authority for policy and legislative changes. In the last few weeks the Authority has submitted an unforeseen additional request for amendments to its Ordinance. This will also take up yet more of PAS(EM)5’s time.

9. In addition to dealing with routine Foreign Domestic Helpers (FDHs) matters, PAS(EM)5 has also had to deal with an unforeseen increase in the number of United Nations reports which cover "equality of treatment" for FDHs. All these reports require in-depth comments.

10. Because of the unexpected increase in workload and heavy commitment of PAS(EM)5, he no longer has the spare capacity to take over industrial safety and related issues as previously planned.

Need for a permanent AOSGC (D2) post to deal with policy issues relating to industrial safety

11. At present industrial safety and related issues are handled by PAS(EM)7, a post previously on loan from CSB and later created on a supernumerary basis for six months from 1 August 1996 pending this ESC submission. The increasing public concern over the standard of industrial safety in Hong Kong and other related issues outlined below have made it necessary to create a permanent AOSGC post to handle these matters in EMB.

Review of Industrial Safety

12. Following the release of the consultation paper on the review of industrial safety in Hong Kong in 1995, SEM would need to follow up legislative amendments to the Factories and Industrial Undertakings Ordinance (FIUO) and relevant regulations with a view to enhancing industrial safety in Hong Kong. As a first step, we amended the FIUO in July 1996 to empower the Commissioner for Labour to issue suspension notices and improvement notices to enhance her enforcement powers, particularly in respect of construction sites.

13. We will further amend the FIUO to implement the key recommendation of the review on industrial safety by introducing into the Legislative Council (LegCo) in this legislative session a new self-regulatory safety management system in Hong Kong, initially to cover proprietors and contractors employing 100 workers or more.

14. Other legislative changes to enhance industrial safety in Hong Kong include amendments to the Factories and Industrial Undertakings (Confined Spaces) Regulations and the Construction Sites (Safety) Regulations to improve safety protection to workers working in confined spaces and at height. We will also introduce new legislation to extend the certification scheme to operators of earth-moving machines on construction sites and fork-lift trucks in factories and warehouses.

15. We need a policy officer in EMB at AOSGC level to co-ordinate, under a very tight timetable, the heavy legislative programmes ahead.

Safety and Health in the Non-industrial Sectors

16. The Administration has accepted the recommendation of the Labour Advisory Board that new legislation and subsidiary regulations protecting the safety and health of non-industrial workers in six specific areas should be enacted in stages. Accordingly, we are now working on new enabling legislation and two sets of subsidiary regulations covering the safety, health and welfare aspects of the workplace and manual handling operations, which are scheduled for introduction into LegCo soon.

17. We plan to introduce other subsidiary regulations later to cover personal protective equipment at work, dangerous substances, health and safety of using visual display screens and the use of work machines and equipment in non-industrial workplaces.

18. On an on-going basis, we also have to review whether there are other specific aspects affecting the safety and health of non-industrial workers, apart from those areas already mentioned. This will involve extensive research and prolonged consultations with employers and labour bodies.

Co-ordination role on industrial safety

19. In the wake of a spate of industrial accidents in June 1996, there were widespread public demand for better co-ordination on industrial safety and related matters within the Administration. In response, SEM will establish an Industrial Safety Division in EMB, headed by the proposed permanent AOSGC post and supported by an Administrative Officer, to assume all relevant policy responsibility.

20. The Industrial Safety Division will also establish and manage a data bank on industrial safety and occupational health related matters in both the public and private sectors, and collate information on actions and measures being taken or planned by other Government branches and departments which have implications on industrial safety and occupational health. The Division will handle enquiries on industrial safety related matters and, where appropriate, help refer the enquirers to the subject branches and departments. The proposed AOSGC post will also oversee the Occupational Safety and Health Council, which plays a very important role in the Administration’s overall strategy of improving the standards of industrial safety and occupational health. As the work of the Industrial Safety Division is of an ongoing nature, it is necessary to create a permanent post of AOSGC to provide supervision. The job description of the proposed permanent post, to be designated as PAS(EM)7, and the revised job description of PAS(EM)5 are at Enclosures 3 and 4 respectively.

FINANCIAL IMPLICATIONS

21. The additional notional annual salary cost at mid-point and the full annual average staff cost of the proposal, including salary and staff on-cost are -


Notional annual salary cost at Mid-Point
$

Full annual average staff cost
$

No. of posts

New permanent post

1,273,200

2,315,352

1

We have not included provision in the 1996-97 Estimates to meet the cost of this proposal, which is estimated at $318,300 for the remaining three months of 1996-97.

22. If Members approve this proposal, we shall approve under delegated authority supplementary provision required under Head 146 Education and Manpower Branch Subhead 001 Salaries. We shall include sufficient provision in the 1997-98 draft Estimates for this proposal.

23. We have created one Administrative Officer post and one Personal Secretary I post (with a total annual mid-point salary of $840,540) to support the AOSGC post.

CIVIL SERVICE BRANCH COMMENTS

24. CSB supports the proposed creation of an additional post of AOSGC. The ranking and grading of the proposed post is appropriate having regard to its duties and responsibilities.

ADVICE OF THE STANDING COMMITTEE ON DIRECTORATE SALARIES AND CONDITIONS OF SERVICE

25. The Standing Committee on Directorate Salaries and Conditions of Service has advised that the grading proposed for the post would be appropriate if the post were to be created.

Education and Manpower Branch
November 1996

Enclosure 2 to EC(96-97)45

Responsibilities of the Seven PAS(EM)s

1.

Higher Education Division
(PAS(EM)1)

Responsible for policy work on public and privately-funded post-secondary and tertiary education including the Hong Kong Institute of Education, the Open Learning Institute, the Hong Kong Council for Academic Accreditation; and student finance.

1.

Schools Division
(PAS(EM)2)

Responsible for policy work on pre-primary, primary, secondary, adult and language education, teacher training and other education support services.

2.

Education Commission Division
(PAS(EM)3)

Responsible for all work related to the Education Commission.

3.

Labour Division
(PAS(EM)4)

Responsible for manpower and labour matters, retraining, importation of labour, Labour Tribunal and the Registry of Trade Unions.

4.

Human Resource Division
(PAS(EM)5)

Responsible for work on human resource development and related issues, including vocational training, age discrimination, and the employment related aspects of foreign domestic helper policy, etc.

5.

Teacher Education Division
(PAS(EM)6)

Responsible for all work related to the Advisory Committee on Teacher Education and Qualifications (ACTEQ).

6.

Industrial Safety Division
(PAS(EM)7)

Responsible for industrial safety and other related issues.

Enclosure 3 to EC(96-97)45

Principal Assistant Secretary for Education and Manpower (7) Administrative Officer Staff Grade C (D2)

Main Duties and Responsibilities

Responsible to the Deputy Secretary for Education and Manpower (1) for -

  1. providing policy support relating to occupational safety and health and related issues in both industrial and non-industrial sectors;
  2. undertaking the follow-up work arising from the comprehensive review on industrial safety;
  3. overseeing the operation of the Industrial Safety Division in EMB and acting as a focal point on the co-ordination of industrial safety matters within the Administration;
  4. maintain and update a data bank on industrial safety related information and handle relevant enquiries; and
  5. overseeing the policy and operation of the Occupational Safety and Health Council.

Enclosure 4 to EC(96-97)45

Principal Assistant Secretary for Education and Manpower (5) Administrative Officer Staff Grade C (D2)

Main Duties and Responsibilities

Responsible to the Deputy Secretary for Education and Manpower (1) for -

  1. policy relating to vocational training;
  2. age discrimination in employment;
  3. policy relating to the employment related aspects of foreign domestic helpers;
  4. formulating policy on public holidays;
  5. undertaking issues in relation to the Asian Pacific Economic Co-operation; and
  6. policy relating to the employment related aspect of the Mandatory Provident Fund Schemes.

Last Updated on 12 August 1999