HONG KONG 2004 - Employment

The Labour Department is headed by the Permanent Secretary for Economic Development and Labour (Labour), who also assumes the role of the Commissioner for Labour. It formulates and implements labour policies, enforces labour legislation, provides free employment services to employers and job-seekers, promotes harmonious labour relations and responsible trade unionism, safeguards employees' rights and benefits and protects the occupational safety, health and welfare of the workforce.

The Labour Department administers the labour laws in the HKSAR. Labour legislation has been enacted which, supplemented by administrative measures, enables Hong Kong to maintain internationally accepted labour standards.

In 2004, the Pneumoconiosis (Compensation) Ordinance was amended to correspond to the amendments made to the Industrial Training (Construction Industry) Ordinance to extend the construction industry levy to electrical and mechanical works in the construction industry.

During 2004, there were 5 935 prosecutions for breaches of various ordinances and regulations administered by the Labour Department. Fines totalling $25,711,440 were imposed.

The international labour conventions of the International Labour Organisation (ILO) prescribe standards on matters such as labour administration, employment, and occupational safety and health as models for member states. These conventions have a significant influence on the formulation of Hong Kong's labour legislation. Currently, 41 conventions are applied here. This number compares favourably with most member states of the ILO in the Asia-Pacific region.

Hong Kong continues to participate in the activities of the ILO. In 2004, representatives from Hong Kong participated in the 92nd Session of the International Labour Conference as advisers to the delegation of China and attended other seminars and workshops organised by the ILO.

The Labour Advisory Board is a non-statutory body set up to advise the Permanent Secretary for Economic Development and Labour (Labour) on matters affecting labour, including legislation and conventions and recommendations of the ILO. The Labour Advisory Board comprises 12 members, six of representing employers and representing employees. The Permanent Secretary for Economic Development and Labour (Labour) is the ex officio chairman.

The board has five committees and one working group on special subjects which cover employees' compensation, employment services, occupational safety and health, labour relations, the implementation of international labour standards and the processing of applications for labour importation under the Supplementary Labour Scheme.