Legislative Council
LC Paper No. CB(2) 210/99-00
(These minutes have been seen
by the Administration)
Ref : CB2/PL/MP/1
LegCo Panel on Manpower
Minutes of meeting
held on Thursday, 22 July 1999 at 2:30 pm
in the Chamber of the Legislative Council Building
Members present:
Hon LEE Kai-ming, SBS, JP (Chairman)
Hon LAU Chin-shek, JP (Deputy Chairman)
Hon Kenneth TING Woo-shou, JP
Hon James TIEN Pei-chun, JP
Hon HO Sai-chu, SBS, JP
Hon Michael HO Mun-ka
Hon LEE Cheuk-yan
Hon CHAN Yuen-han
Hon CHAN Wing-chan
Hon CHAN Kam-lam
Hon LEUNG Yiu-chung
Member attending :
Hon LAW Chi-kwong, JP
Members absent :
Hon David CHU Yu-lin
Dr Hon LUI Ming-wah, JP
Hon Ronald ARCULLI, JP
Hon CHAN Kwok-keung
Dr Hon LEONG Che-hung, JP
Hon SIN Chung-kai
Hon Andrew CHENG Kar-foo
Hon SZETO Wah
Public Officers attending :
- Item III
- Mr Philip K F CHOK, JP
- Deputy Secretary for Education and Manpower
- Miss Erica NG
- Principal Assistant Secretary for Education and Manpower
- Mr K Y TANG
- Government Economist
- Mr Matthew K C CHEUNG, JP
- Commissioner for Labour
- Mr TSANG Kin-woo, JP
- Assistant Commissioner for Labour (Labour Relations)
- Item IV
- Mr Philip K F CHOK, JP
- Deputy Secretary for Education and Manpower
- Miss Erica NG
- Principal Assistant Secretary for Education and Manpower
- Mr K Y TANG
- Government Economist
- Mr Matthew K C CHEUNG, JP
- Commissioner for Labour
- Mr TSANG Kin-woo, JP
- Assistant Commissioner for Labour (Labour Relations)
- Mr CHOW Tung-shan
- Assistant Commissioner for Labour (Employment Services)
- Mr S S KWONG
- Executive Director
Employees Retraining Board
- Item V
- Mr Philip K F CHOK, JP
- Deputy Secretary for Education and Manpower
- Miss Erica NG
- Principal Assistant Secretary for Education and Manpower
- Mr Matthew K C CHEUNG, JP
- Commissioner for Labour
- Mr TSANG Kin-woo, JP
- Assistant Commissioner for Labour (Labour Relations)
- Item VI
- Mr Philip K F CHOK, JP
- Deputy Secretary for Education and Manpower
- Mr Herman CHO
- Principal Assistant Secretary for Education and Manpower
- Mr K S SO
- Principal Assistant Secretary for Security
- Mr Matthew K C CHEUNG, JP
- Commissioner for Labour
- Mr TSANG Kin-woo, JP
- Assistant Commissioner for Labour (Labour Relations)
- Mr AU Cheuk-leun
- Principal Immigration Officer (Visa Control)
- Item VII
- Mr Philip K F CHOK, JP
- Deputy Secretary for Education and Manpower
- Mr Herman CHO
- Principal Assistant Secretary for Education and Manpower
- Mr Matthew K C CHEUNG, JP
- Commissioner for Labour
- Dr Raymond LEUNG Lai-man
- Occupational Health Consultant
Clerk in attendance :
- Mrs Sharon TONG
- Chief Assistant Secretary (2)1
Staff in attendance :
- Mr Raymond LAM
- Senior Assistant Secretary (2) 5
I. Confirmation of minutes of meeting on 27 May 1999 and matters arising
(LC Paper Nos. CB(2) 2587/98-99 and CB(2) 2601/98-99(01))
The minutes of the meeting held on 27 May 1999 were confirmed.
2. Members noted the list of follow-up actions required of the Administration.
II. Date of next meeting and items for discussion
(LC Paper No. CB(2) 2601/98-99(02))
3. Members agreed to schedule the next meeting for 20 September 1999 at 8:30 am to discuss the following -
- Follow-up on youth employment and employment of new arrivals from the Mainland;
- Follow-up on regulation of work arrangements in times of the black rainstorm warning and typhoon; and
- New proposals and measures to improve industrial safety.
III. Follow-up on minimum wage system
(LC Paper No. CB(2) 2601/98-99(03))
4. At the invitation of the Chairman, Government Economist (GE) briefed members on the Administration's response to the Research Report on Minimum Wage Systems compiled by the LegCo Research and Library Services (RLS) Division (the Report). He highlighted the following -
- The long-standing mainstream argumentation against imposition of statutory minimum wage was as follows :
- for the sectors covered by minimum wage system, the loss in employment resulting from the introduction of the system could outweigh the gains by those minimum wage workers still in employment;
- sunless the low-wage workers belong to the poor households, the statutory minimum wage might end up benefiting low-wage members of better-off households; and
- the surplus labour generated from the covered sectors could depress wages in the uncovered sectors, thereby offsetting any poverty alleviation gains in the covered sectors.
In recent years, some empirical studies had tried to justify statutory minimum wage by examining its merits in respect of enhancing economic efficiency instead of alleviating poverty. However, most of the findings were eventually found to be flawed or else reaffirming the mainstream argumentation.
- After examination of the Report, the recent study on the subject by the Organization for Economic Cooperation and Development (OECD), and other reference materials on the subject, the Administration had made the analysis given in paragraphs 8 to 29 of it's paper, and the conclusions were given below :
- there was no case to change the Administration's stance that statutory minimum wage should not be introduced in Hong Kong;
- the Report did not provide strong grounds for setting up a statutory minimum wage system in Hong Kong. At best, the economic effects appeared to be mixed. The adverse consequences thus entailed could not be lightly taken;
- of particular concern was the likelihood that implementation of statutory minimum wage would impinge most on the jobs of the marginal workers and the low-wage workers, contrary to the purpose of protecting or benefiting them;
- other studies, including that conducted by OECD, reaffirmed the view that statutory minimum wage could have a negative impact on employment and might not help much in alleviating poverty;
- the institutional set-up and operational mechanism involved in establishing and administering a statutory minimum wage system were likely to be elaborate and prone to conflict;
- even in Singapore, where the government had much greater direct involvement in the workings of the economy, there was no statutory minimum wage system; and
- the smooth operation of market forces had enabled the Hong Kong economy to achieve robust growth over the past decades, resulting in substantial improvement in the standard of living of the community. It was of utmost importance for the economy to maintain resilience and flexibility in both the product and the factor markets, including the labour market, for sustained economic growth in the longer term.
5. Miss CHAN Yuen-han said that the Administration had not responded to the issues raised by members at the Panel meeting on 27 May 1999. She added that an information note entitled "the profile of employed persons who earned less than $8,000 a month" prepared by the LegCo RLS Division revealed that 900 100 persons were earning less than $8,000 a month between February and April 1999. A survey conducted by the Hong Kong Federation of Trade Unions revealed that about 90 000 persons were earning less than $3,000 a month. She was of the view that the Administration was irresponsible to leave wages to be determined by market forces of demand and supply, and urged it to take immediate steps to address the problem.
6. In response, GE referred to the Administration's comments (tabled at the meeting and issued to absent members vide LC Paper No. CB(2) 2625/98-99) on the information note of the LegCo RLS Division and said that the introduction of a statutory minimum wage might have negative effects especially if the wage levels of workers were above what their jobs were worth. With the introduction of a statutory minimum wage, employers might shorten the working hours without reducing the workload, or increase the workload without increasing the working hours. These could not be prevented unless restrictions were also imposed on workload and working time. However, this would create a totally restrictive labour market, which was undesirable. As regards the number of persons earning less than $3,000 per month, GE said that out of a total of 27 800 employed persons who earned less than $3,000 per month and who worked 40 hours or over, only 9 800 were employees. The others were employers, self-employed persons or unpaid family workers. Thus, only a small number of persons would really benefit from the introduction of a statutory minimum wage.
7. Miss CHAN Yuen-han opined that the Administration was too quick in drawing the conclusion that a minimum wage system would be difficult to introduce in Hong Kong. She considered that the Administration should, like Singapore, establish a wage council to examine the issue in depth before drawing any conclusion. GE responded that the Administration was not too quick in drawing a conclusion. It had been examining the issue since mid-1998, when the Panel discussed the issue. It had also consulted a number of academic economists, who generally considered that the introduction of a statutory minimum wage was not the best solution to the problem. Employees earning $3,000 or less should be retrained so as to increase their productivity.
8. In response to Mr LEE Cheuk-yan, GE said that it could be concluded from Annex II to the Administration's paper that the proportion of low wage workers in lower income families in Hong Kong was above those of the United Kingdom (UK) and the Netherlands, but considerably below that of the United States.
9. Mr LEE Cheuk-yan said that after studying the papers and reports relevant to the issue, it appeared that there was no mainstream conclusion on the issue. While GE said that the study conducted by OECD reaffirmed the view that statutory minimum wage could have a negative impact on employment and might not help much in alleviating poverty, UK had re-introduced a minimum wage system. The introduction of a minimum wage would at least benefit the 9 800 persons earning less than $3,000 a month. Even without a minimum wage, employees would still be required to cope with a heavy workload. Even after retraining, a cleaning worker might still continue to perform cleaning work. He added that Article 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) stipulated that fair wages should be provided to workers. As these workers had to work very long hours but earned $3,000 or less per month, he questioned how they could be regarded as receiving fair wages, which was a requirement in the Article. Commissioner for Labour (C for L) said that the Administration had sought legal advice on the issue and had been advised that it was not in contravention of Article 7 of ICESCR. Mr LEE commented that even if the Administration was not in contravention of the Article, the existence of many people earning $3,000 or less a month indicated that the Administration had not fully implemented the Article.
10. GE said that the aforementioned mainstream argumentation was widely accepted. He added that the OECD report revealed that the minimum wage system in UK had a negative impact on low income workers. The recent re-introduction of a minimum wage system in the country was probably due to political considerations. With the aforementioned negative effects of a minimum wage system, the 9 800 persons earning $3,000 a month or less might become victims of the system. Although a cleaning worker might still perform cleaning work after retraining, he or she would be able to enhance his or her efficiency in work, thereby reducing the possibility of being replaced. Mr LEE Cheuk-yan opined that if UK had re-introduced a minimum wage for political reasons, Hong Kong could also introduce such a system for the political reason of helping the 9 800 persons.
11. Mr LAU Chin-shek said that the Administration should be responsible for the continuous decline in wages in Hong Kong. He enquired about the measures which would be introduced by the Administration if the number of persons earning $3,000 or less continued to increase despite retraining.
12. GE responded that the Administration had no intention to suppress wages in Hong Kong. It only considered that wages should be determined by market forces of supply and demand. A general wage decrease in all industries reflected a decline in the economic situation, while a wage decrease in a particular industry reflected that the labour supply for that particular industry was exceeding demand. Retraining would help job seekers in the industry to switch to other industries. He added that in times of inflation, minimum wage would usually be adjusted upwards. However, the minimum wage might have to be adjusted downwards in times of deflation. Deputy Secretary for Education and Manpower (DSEM) added that a general decrease in wages reflected that labour supply had exceeded demand. The Administration had done a lot in providing training to the public so that they could strengthen their qualification and advance to jobs of higher level.
13. Mr James TIEN expressed support for the Administration's position that wages should be determined by market forces of demand and supply. He said that minimum wage systems were implemented in some overseas countries mainly for political or racial reasons. GE felt that a minimum wage system was re-introduced in UK probably for political considerations, whereas a minimum wage system was introduced in the US probably for racial reasons. He reiterated that a minimum wage would weaken the desire of workers to join retraining courses, thus also hindering manpower training.
14. In response to Mr James TIEN's question on whether unemployment assistance were found in countries where there were minimum wages, GE said that according to Table 12 of the Report, there was no direct relationship between the amount of unemployment assistance and the level of minimum wage. Mr LEE Cheuk-yan said that both unemployment assistance as well as minimum wage system were found to co-exist in most countries.
15. Members noted a memo from Head, RLS (tabled at the meeting and issued to absent members vide LC Paper No. CB(3) 2625/98-99) responding to the points raised in the Administration's paper on minimum wages.
IV. Follow-up on elderly employment
(LC Paper No. CB(2) 2601/98-99(04))
16. DSEM briefed members on the Administration's paper on elderly employment. He said that the Labour Department (LD) had introduced a series of measures to assist the elderly in finding jobs. Suitable retraining were also provided to the elderly.
17. GE said that as elderly employed persons generally had relatively lower educational attainment and skills level, more of them were engaged in less skilled and hence lower wage jobs such as caretakers and cleaners. Hence, their median monthly income was lower than that of the entire employed population. On the other hand, the proportion of managers and administrators among elderly employed persons was approximately the same as that for the entire employed population. Their median salary was thus higher than that of low-income workers in the community.
18. Mr CHAN Wing-chan commented that the employment rate of 95.5% for persons aged over 60 was comparatively high. To his knowledge, a number of elderly employees were forced to retire. He enquired about the reasons for the high employment rate. GE responded that people aged 60 and over were generally regarded as retired and were usually excluded from the workforce. In the General Household Survey (GHS) conducted by the Census and Statistics Department (C&SD), retired elderly people who were not seeking jobs would not be regarded as part of the workforce. This had resulted in a higher employment rate for the elderly.
19. The Chairman said that Senior Citizen Cards were only issued to persons aged 65 or over. The retirement age under the Mandatory Provident Fund (MPF) Scheme was also set at 65. These reflected the Administration's policy of expecting people to work until 65 years of age before retirement. It was therefore inappropriate in GHS to classify people aged over 60 as retired.
| 20. Mr James TIEN expressed concern about the lower median salary and longer working hours of elderly employed persons in comparison with those of the entire employed population. Referring to paragraph 2 of the Administration's paper, C for L said that LD had introduced a series of measures to assist the elderly to find jobs. A pamphlet (tabled at the meeting and issued to absent members vide LC Paper No. CB(2) 2625/98-99) on the service provided by LD was distributed to job seekers aged 50 or over so that they could have a better knowledge of the services available. C for L also tabled a summary of the number of job seekers as against vacancies in industrial occupations/trades registered with the Local Employment Service (LES) of LD as at 16 July 1999, which served to assist a job-seeker in determining the trade in which he was to be registered after having regard to the number of applicants and vacancies in each trade. Miss CHAN Yuen-han expressed doubt about the usefulness of the summary. She said that while there was a large number of caretaker/security guard vacancies, such persons had to rely on their employers to apply for the relevant licence. She enquired whether these persons could apply for the licence themselves. C for L said that as the issue fell within the ambit of the Security Bureau (SB). However, he would refer the issue to the latter.
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| 21. Miss CHAN Yuen-han commented that women and elderly persons were usually forced out of the labour market in times of economic downswing. She requested the Administration to provide information on the number of and reasons for elderly persons who were forced to retire or resign, and the number of elderly persons receiving Comprehensive Social Security Assistance (CSSA). She considered that the Administration should reconsider the establishment of an old age retirement protection scheme. GE undertook to refer Miss CHAN's request to C&SD. DSEM added that the issue of establishment of an old age retirement protection scheme had been thoroughly discussed in the period 1992 to 1994, and it had been decided that a MPF scheme should be introduced. As the MPF would be established in December 2000, it was inappropriate to introduce another retirement protection scheme. Elderly persons in need could apply for CSSA.
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22. Mr LAW Chi-kwong made the following points -
- the labour participation rate of persons aged 60 to 69 had decreased by about 10% in the last ten years. The labour participation rate for persons aged 55 to 64 were as follows:
| Age group
| Year
| Labour participation rate
|
| 60 to 64
| 1976
| 67.2%
|
| 1996
| 49.9%
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| 55 to 59
| 1976
| 84.5%
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| 1996
| 77.2%
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- in GHS, a person aged below 60 would be asked whether he was not seeking employment because he would not be able to find a job. If the answer was in the affirmative, the respondent would be counted as a "discouraged worker" and added to the number of unemployed persons. Such a question was not applied to persons aged 60 or over. Suitable adjustments should therefore be made in this respect before the employment rate of elderly and the entire population could be compared.
23. In response, GE made the following points -
- In GHS, persons aged 60 and above would also be asked the question in regard to "discourages workers", in the same way as for the other age groups; and
- A decreasing labour participation rate for people of older age over the last 10 years reflected a rapid economic development and increase in income, so that some people had chosen to retire early.Mr LAW Chi-kwong disagreed and said that the drop in labour participation rate was also found with persons aged 55 to 59. As these persons had not reached the retirement age, the drop was obviously due to age discrimination. The Chairman added that the drop in labour participation rate might reflect a decline in economy and an increase in the unemployment rate. It might also reflect that elderly persons were losers in the competitive labour market. GE said that there were periods of labour shortage and low unemployment rate in the past ten years. It was therefore inappropriate to attribute the decrease in labour participation rate solely to age discrimination or forced retirement.
24. Mr LEE Cheuk-yan commented that the Administration's policy towards the elderly was confusing. While there was a policy to assist the elderly in seeking jobs, there were also jobs, such as caretakers and security guards, in which elderly persons were prohibited to participate. He considered that the Administration should formulate a central policy of providing retirement protection for people aged 65 or over, while assisting people aged below 65 in finding jobs. Legislation should also be introduced against age discrimination. In the absence of retirement protection, the CSSA for elderly persons should be increased to a level adequate for their living so that there would not be a need for them to work. DSEM said that the issue was a complex one involving many policy bureaux.
| 25. Mr LEUNG Yiu-chung said that although the MPF would be established in the year 2000, it would be more than ten years later when people could start benefiting from the scheme. To assist the elderly in finding jobs, consideration should be given to the introduction of a minimum wage system and imposing statutory control over working hours. By shortening the maximum working hours, more jobs could be created. He added that the Administration had agreed a few years ago to study the issue of imposing control on working hours. However, the study had been repeatedly delayed. DSEM responded that it would be more desirable for working hours to be jointly determined by employers and employees having regard to their actual circumstances and needs. Imposing statutory control over working hours during a time of economic downswing might force some companies to close down or down size their operation. The Chairman suggested that the issue of imposing control on working hours be included in the list of outstanding items for future discussion.
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V. Follow-up on right of workers to strike or take industrial actions
(LC Paper No. CB(2) 2355/98-99(07))
26. In response to Mr CHAN Wing-chan's question about the Administration's timetable for introducing legislative amendments to sections 9, 31H, 31X and 32H of the Employment Ordinance (Cap. 57) (EO), DSEM said that the Administration intended to consult the Labour Advisory Board (LAB) on the proposed legislative amendments, which were still being drafted by the Department of Justice, in September 1999. The legislative process would commence after consultation with LAB was completed. Miss CHAN said that if the Administration failed to introduce amendments to section 9 of EO, she would introduce a Member's bill to amend the section. DSEM said that legislative amendments would be proposed to the section.
27. Mr LEE Cheuk-yan commented that the legislative amendments to be introduced by the Administration would only enable EO to be not in conflict with Article 27 of the Basic Law (BL27). They were far from implementing the right of workers to strike. He said that the Hong Kong Confederation of Trade Unions maintained that, to implement the right of workers to strike, -
- sufficient protection, especially in respect of the right of reinstatement or freezing of contract, should be incorporated in the employment contracts; and
- "strike" should be covered under EO as a form of trade union activities.
28. DSEM responded that EO was not in conflict with BL27. The latter had already guaranteed an employee's right to strike, which was an individual's right. There was no need to amend EO to specifically provide for the right to strike. He added that as taking part in a strike would not of its nature be an activity undertaken outside working hours or with the consent of the employer, "strike" was not intended to be covered under section 21B of EO as a form of trade union activities. Mr LEE Cheuk-yan disagreed with the view that the right to strike was an individual's right. He considered that "strike" must be the collective act of a number of workers.
29. Mr LAU Chin-shek said that it was important for the forthcoming legislative amendments to incorporate the right of reinstatement in EO. If the Administration would not propose such an incorporation, he hoped that Miss CHAN Yuen-han would incorporate such a right in her Member's bill.
VI. Review of the driving duties of foreign domestic helpers
(LC Paper No. CB(2) 2601/98-99(05))
30. At the invitation of the Chairman, DSEM presented the Administration's paper and highlighted the following -
- since 1993, there had been complaints from trade unions of local drivers that an increasing number of foreign domestic helpers (FDHs) were deployed by their employers to perform full-time driving duties;
- the provision in the existing employment contracts permitting FDHs to undertake driving duties incidental to and arising from domestic duties had rendered enforcement action against suspected cases of deployment of FDHs as full-time chauffeurs difficult. This was because the term "incidental to and arising from domestic duties" could give rise to many grey areas;
- a recent matching exercise using data kept by the Immigration Department (ImmD) and the Transport Department revealed that as at 3 July 1999, 2 367 FDHs in Hong Kong were holding valid local driving licences. There was an increasing trend for the number of driving licences issued to FDHs;
- during the first six months of 1999, 3 533 job registrants were seeking for driver vacancies at LES of LD, but only 306 were placed;
- the Administration proposed the imposition of a total ban on driving duties by FDHs. If implemented, the ban could be introduced through an appropriate immigration endorsement on the FDH's passports from a commencement date. There would be a transitional period of six weeks from the commencement date during which ImmD would continue to accept existing standard employment contracts signed before the commencement date; and
- the Administration would consult the FDH employers' association on the proposal before making a final decision. It would also consult other interested parties including FDH employees' groups.
31. Miss CHAN Yuen-han said that the Hong Kong Federation of Trade Unions welcomed the Administration's proposal, although the proposal was made much later than expected. To her knowledge, the proposal was originally intended to be introduced around the end of 1998. She asked whether the delay in addressing the issue was due to strong opposition from some sectors of the community. She also enquired whether the Administration would change its position in the event that there was strong opposition from some sectors of the community.
32. DSEM responded that the Administration's position was to propose a total ban on driving duties by FDHs. It would consider all the views received in the consultation exercise before deciding whether any changes should be made to the proposal. C for L added that there was no delay by the Administration in addressing the issue. Although the Administration had already decided to propose a total ban on driving duties by FDHs in 1998, much time was needed for consultation with the Department of Justice, SB and ImmD.
33. Responding to Mr LAU Chin-shek's question about the Administration's timetable for implementation of the proposal, Principal Assistant Secretary for Education and Manpower (PAS(EM)) said that the Administration would need two weeks for consultation with the relevant parties. It was expected that the proposal could be implemented in three months' time. Mr LAU Chin-shek said that the problem of FDHs undertaking full-time chauffeur duties was a serious one. He objected to the introduction of a transitional period of six weeks. DSEM said that the transitional period was needed for handling employment contracts which had been submitted and were still under processing by ImmD. PAS(EM) added that there was also a transitional period of six weeks in the previous revision of the minimum wage of FDHs. Referring to paragraph 8 of the Administration's paper, Mr LEE Cheuk-yan said that during the first six months of 1999, about 3 000 job registrants looking for driving vacancies were not able to find a job. The proposed ban should therefore be implemented as soon as possible. As the existing contracts did not state that a FDH could perform chauffeur duties and implementation of the ban would only involve an appropriate immigration endorsement on FDH's passports, the ban should be implemented from the commencement date. Principal Immigration Officer (Visa Control) (PIO(VC)) said that upon the commencement of the ban, a new employment contract would be used for FDHs. As around six weeks were needed for an employment contract to be sent to the respective countries for signing by the employee and attestation by the relevant authorities, the proposed transitional period would be appropriate.
34. Mr CHAN Wing-chan expressed support for the proposal. He enquired whether the transitional period of six weeks could be shortened. PIO(VC) said that based on previous experience, the six-week period was a reasonable period. To further reduce the period would invite undue complaint from the employers.
35. Mr HO Sai-chu anticipated that the proposal would not experience strong opposition from employers. In the event that there was a shortage of drivers in the future, they could be imported under the Supplementary Labour Scheme.
36. The Chairman concluded that the Panel was in full support of early implementation the proposed ban.
VII. Occupational health of employees using computers at work
(LC Paper No. CB(2) 2345/98-99)
37. Occupational Health Consultant (OHC) presented the Administration's paper. He said that prolonged operation of computers could lead to musculoskeletal and visual problems. While many of the health problems were temporary and might be relieved after work, they could deteriorate into chronic illnesses if ignored. The health problems could be prevented by the use of ergonomically designed workstation for computer work, and the training of users to adjust their furniture to suitable positions. To protect the safety and health of employees exposed to the risks associated with the use of computers, the Administration would propose the Occupational Safety and Health (Display Screen Equipment) Regulation (the Regulation). In association with the proposed Regulation, a set of compliance standards, which had been agreed by LAB and would be consulted with the affected industries, would be issued.
38. Responding to Mr LEE Cheuk-yan's question about the legislative timetable, C for L said that the Administration planned to introduce the Regulation into the LegCo at the beginning of the next legislative session.
39. Mr LEE Cheuk-yan expressed concern that employers would be left to regulate themselves and carry out their own risk assessment. He considered that requirements must be quantified, such as by requiring a short rest of a certain minutes after a working time of one or two hours. OHC responded that the issue of rest break arrangements was still being discussed by a committee under LAB. He said that risk assessment was a responsibility of employers, who should provide training to their employees on how to adjust their furniture to suitable positions.
40. In response to Mr CHAN Wing-chan, OHC said that tenosynovitis suffered by some computer operators was probably due to prolonged and high speed operation of computer keyboards. While it was similar to tennis elbow in respect of its association with repetitive movement, the locations of inflammation were different. Eye discomfort arising from the operation of computers could be relieved by taking a short rest. There would not be any long term adverse effect on the eyes. Mr CHAN Wing-chan hoped that the Regulation would be introduced into LegCo as soon as possible.
41. Mr HO Sai-chu expressed support for the proposal. He hoped that the requirements would be implementable. He added that it would be unfair to penalize employers if the health problems of an employee were due to prolonged operation of computers before employment.
| 42. In response to Mr LEUNG Yiu-chung's question on the number of hours of work after which a computer operator should take a rest, OHC said that the length of working hours would depend on the nature of work and the speed of working on computers. As a medical doctor, he would advise a patient to take a short rest whenever he or she felt tired. As regards experience in other countries, OHC said that the proposals in overseas countries were similar to the Administration's proposal. While there were different requirements, the principle that a person operating a computer should take a short rest whenever tired was the same. Mr LEE Cheuk-yan requested the Administration to provide information on the requirements in overseas countries when introducing the Regulation into the LegCo. He hoped that quantified requirements would be laid down in the Regulation.
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| 43. In response to members, C for L agreed to step up publicity and education on occupational health for computer operators. He also agreed to consider members' suggestion of making available to the public, especially parents, teachers and students, the guidelines for computer work.
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44. There being no other business, the meeting ended at 5:08 pm.
Legislative Council Secretariat
21 October 1999
