For discussion
on 23 March 1998

PAPER FOR PROVISIONAL LEGISLATIVE COUNCIL MANPOWER PANEL

General Holidays

THE PURPOSE

This paper sets out the feedback received so far from the recent targeted consultation exercise on deleting two existing general but not statutory holidays from 1999 onwards to make way for the new general holidays on 1 May (Labour Day) and the Buddha's Birthday (the eighth day of the fourth lunar month).

BACKGROUND

2.On 18 November 1997, following a decision of the Executive Council, the Government announced that :

  1. it would be our policy to cap the maximum number of general holidays (other than Sundays) under the Holidays Ordinance at the level of 17 days in a year;

  2. 1 May (Labour Day) and the Buddha's Birthday (the eighth day of the fourth lunar month) would be designated general holidays from 1999 onwards; and

  3. employers' and employees' organisations and the financial services sector would be consulted to determine which existing general but not statutory holidays should be deleted to make way for 1 May and the Buddha's Birthday when these became new general holidays in 1999.

3.There are two kinds of holidays in Hong Kong :

    general holidays, provided under the Holidays Ordinance, are holidays for banks, schools, public offices and government departments; and

  1. statutory holidays, provided under the Employment Ordinance, are employment benefits which must be granted to employees, including those working in banks and schools, but not to civil servants (since the Employment Ordinance does not apply to the Government).

4.The six general holidays that are not also statutory holidays that could be considered for offsetting are : Good Friday; Day after Good Friday; Easter Monday; Sino-Japanese War Victory Day (third Monday in August); 2 October; and the first weekday after Christmas Day (Boxing Day). A list of general holidays in 1998 is at Annex A.

THE CONSULTATION EXERCISE

5.On 18 December 1997, we wrote to major employers' and employees' organisations, representative bodies within the financial services sector, and representatives of major religions to seek their views as to which two existing general but not statutory holidays might be used to offset the new general holidays on 1 May and the Buddha's Birthday. A list of the organisations we have contacted is at Annex B. Up till 16 March 1998, of the 36 organisations contacted, 28 (77.8%) responded. Of the 28 respondents, three have no special preferences. Of the 25 remaining responses, 17 (68%) opted for Sino-Japanese War Victory Day, 15 (60%) opted for 2 October, 9 (36%) opted the day after Good Friday, 5 (20%) opted for Easter Monday, 3 (12%) opted for Good Friday and 1 (4%) opted Boxing Day. We are encouraging those organisations which have not yet expressed a view to do so.

FACTORS FOR CONSIDERATION IN DELETING EACH OF THE SIX GENERAL HOLIDAYS

6.The factors for consideration in deleting each of the six general holidays can be summed up as follows :

(a) Good Friday

  • On religious grounds, it would be deemed unacceptable to delete this day as a holiday as it is considered one of the most important Christian festivals. The community has also become accustomed to a long weekend at this time of year.

  • The financial markets* will remain open in Tokyo but not in London or New York on this day. Deletion of this holiday would therefore have limited effect in reducing disruption in the financial services sector.

(b) Day following Good Friday

  • Deletion of this holiday would serve no useful purpose, as it falls between two other holidays. The community values the long weekend at this time of year.

  • It is not a public holiday in the United States, United Kingdom and Japan. As it is a Saturday, the stock markets in New York, London, Toyko and Hong Kong will be closed in any case. To delete it as a holiday would allow the banks in Hong Kong to open, thus reducing to a certain extent disruption in banking activities.
(c) Easter Monday

  • The community values this holiday as part of the long Easter weekend and therefore would not welcome its loss.

  • On the other hand, it has minimal religious significance, and is not celebrated as a holiday elsewhere in the region, or in the USA.

  • It is a normal trading day in New York and Tokyo - but not in London, as Easter Monday remains a holiday in England. Deletion would therefore serve to reduce disruption in the financial services sector.

(d)Sino-Japanese War Victory Day (Third Monday in August)

  • This holiday replaces the former Liberation Day (until 1997 celebrated over the last weekend in August). Although it is not a holiday in the Mainland, it does commemorate China's victory over Japan in the Second World War. According to the Official Records of Proceedings of the Provisional Legislative Council (PLC) at its meeting in Shenzhen on 12 April 1997, the Holidays (1997 and 1998) Bill proposed to include "holidays with great meaning to Hong Kong becoming a Special Administrative Region of the People's Republic of China" into the schedule of the Holidays Ordinance. Sino-Japanese War Victory Day was one of the holidays to be included. An extract from the proceedings is at Annex C.

  • Deletion of this holiday would bring our financial markets into line with those of our major trading partners which do not celebrate a holiday on this day.

(e) 2 October

  • This is the day following National Day, and is also celebrated in the Mainland. As in the case of Sino-Japanese War Victory Day, 2 October was another of the new holidays "with great meaning to the Hong Kong becoming a Special Administrative Region of the People's Republic of China".

  • Deletion of this holiday would also minimise disruption to the financial services sector.

(f) First weekday after Christmas Day

  • This is a holiday in England and Wales, but not in the USA or in most countries within East and South-East Asia. On the other hand, to delete this holiday would reduce the time available for people to celebrate their Christmas festivities with their families.

  • This is a normal trading day in New York and Tokyo but not in London, so deletion would serve to reduce disruption in the financial services sector.

7.Another factor for consideration is that the new general holidays on 1 May and the Buddha's Birthday both fall in the first half of the year. This will increase the number of holidays in the first half of the year to eleven (without making any allowance for possible deletions). Half of the six candidates for deletion fall in the first half of the year (i.e. Good Friday, Day After Good Friday and Easter Monday) while the others fall in the second half (i.e. Sino-Japanese War Victory Day, 2 October and Boxing Day, 26 December).

ADMINISTRATION'S POSITION

8.It is important to note that the Government has not yet reached a decision on the matter and welcomes any further public feedback on which two general but not statutory holidays should be deleted from 1999 onwards.

ADVICE SOUGHT

9.Members are invited to offer their views on the matter.


Education and Manpower Bureau
March 1998

Annex A

A list of the General Holidays in 1998

Every Sunday






*The first weekday in January

Thursday

1 January

*Lunar New Year's Day

Wednesday

28 January

*The second day of the Lunar New Year

Thursday

29 January

*The third day of the Lunar New Year

Friday

30 January

*The day following the Ching Ming

Festival

Monday

6 April

Good Friday

Friday

10 April

The day following Good Friday

Saturday

11 April

Easter Monday

Monday

13 April

*Tuen Ng Festival

Saturday

30 May

*Hong Kong Special Administrative Region

Establishment Day

Wednesday

1 July

Sino-Japanese War Victory Day

Monday

17 August

*National Day

Thursday

1 October

The day following National Day

Friday

2 October

*The day following the Mid-Autumn

Festival

Tuesday

6 October

*Chung Yeung Festival

Wednesday

28 October

*Christmas Day

Friday

25 December

First weekday following Christmas Day

Saturday

26 December

* Also a statutory holiday