FFICIAL RECORD of PROCEEDINGS Wednesday, 11
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HONG KONG LEGISLATIVE COUNCIL ― 11 May 1994 3649 FFICIAL RECORD OF PROCEEDINGS Wednesday, 11 May 1994 The Council met at half-past Two o’clock PRESENT THE PRESIDENT THE HONOURABLE JOHN JOSEPH SWAINE, C.B.E., LL.D., Q.C., J.P. THE CHIEF SECRETARY THE HONOURABLE MRS ANSON CHAN, C.B.E., J.P. THE FINANCIAL SECRETARY THE HONOURABLE SIR NATHANIEL WILLIAM HAMISH MACLEOD, K.B.E., J.P. THE ATTORNEY GENERAL THE HONOURABLE JEREMY FELL MATHEWS, C.M.G., J.P. THE HONOURABLE MRS SELINA CHOW LIANG SHUK-YEE, O.B.E., J.P. THE HONOURABLE HUI YIN-FAT, O.B.E., J.P. THE HONOURABLE MARTIN LEE CHU-MING, Q.C., J.P. DR THE HONOURABLE DAVID LI KWOK-PO, O.B.E., LL.D., J.P. THE HONOURABLE NGAI SHIU-KIT, O.B.E., J.P. THE HONOURABLE PANG CHUN-HOI, M.B.E. THE HONOURABLE SZETO WAH THE HONOURABLE TAM YIU-CHUNG THE HONOURABLE ANDREW WONG WANG-FAT, O.B.E., J.P. THE HONOURABLE LAU WONG-FAT, O.B.E., J.P. THE HONOURABLE EDWARD HO SING-TIN, O.B.E., J.P. THE HONOURABLE RONALD JOSEPH ARCULLI, O.B.E., J.P. THE HONOURABLE MARTIN GILBERT BARROW, O.B.E., J.P. 3650 HONG KONG LEGISLATIVE COUNCIL ― 11 May 1994 THE HONOURABLE MRS PEGGY LAM, O.B.E., J.P. THE HONOURABLE MRS MIRIAM LAU KIN-YEE, O.B.E., J.P. THE HONOURABLE LAU WAH-SUM, O.B.E., J.P. DR THE HONOURABLE LEONG CHE-HUNG, O.B.E., J.P. THE HONOURABLE JAMES DAVID McGREGOR, O.B.E., I.S.O., J.P. THE HONOURABLE MRS ELSIE TU, C.B.E. THE HONOURABLE PETER WONG HONG-YUEN, O.B.E., J.P. THE HONOURABLE ALBERT CHAN WAI-YIP THE HONOURABLE VINCENT CHENG HOI-CHUEN, O.B.E., J.P. THE HONOURABLE MOSES CHENG MO-CHI THE HONOURABLE MARVIN CHEUNG KIN-TUNG, O.B.E., J.P. THE HONOURABLE CHEUNG MAN-KWONG THE HONOURABLE CHIM PUI-CHUNG REV THE HONOURABLE FUNG CHI-WOOD THE HONOURABLE FREDERICK FUNG KIN-KEE THE HONOURABLE TIMOTHY HA WING-HO, M.B.E., J.P. THE HONOURABLE MICHAEL HO MUN-KA DR THE HONOURABLE HUANG CHEN-YA THE HONOURABLE SIMON IP SIK-ON, O.B.E., J.P. DR THE HONOURABLE LAM KUI-CHUN DR THE HONOURABLE CONRAD LAM KUI-SHING, J.P. THE HONOURABLE LAU CHIN-SHEK THE HONOURABLE EMILY LAU WAI-HING THE HONOURABLE LEE WING-TAT THE HONOURABLE ERIC LI KA-CHEUNG, J.P. HONG KONG LEGISLATIVE COUNCIL ― 11 May 1994 3651 THE HONOURABLE FRED LI WAH-MING THE HONOURABLE MAN SAI-CHEONG THE HONOURABLE HENRY TANG YING-YEN, J.P. THE HONOURABLE TIK CHI-YUEN THE HONOURABLE JAMES TO KUN-SUN DR THE HONOURABLE SAMUEL WONG PING-WAI, M.B.E., J.P. DR THE HONOURABLE PHILIP WONG YU-HONG DR THE HONOURABLE YEUNG SUM THE HONOURABLE HOWARD YOUNG, J.P. THE HONOURABLE ZACHARY WONG WAI-YIN THE HONOURABLE CHRISTINE LOH KUNG-WAI THE HONOURABLE ROGER LUK KOON-HOO THE HONOURABLE ANNA WU HUNG-YUK THE HONOURABLE JAMES TIEN PEI-CHUN, O.B.E., J.P. THE HONOURABLE ALFRED TSO SHIU-WAI ABSENT THE HONOURABLE ALLEN LEE PENG-FEI, C.B.E., J.P. THE HONOURABLE STEVEN POON KWOK-LIM DR THE HONOURABLE TANG SIU-TONG, J.P. IN ATTENDANCE MR MICHAEL LEUNG MAN-KIN, C.B.E., J.P. SECRETARY FOR EDUCATION AND MANPOWER MR MICHAEL SUEN MING-YEUNG, J.P. SECRETARY FOR HOME AFFAIRS 3652 HONG KONG LEGISLATIVE COUNCIL ― 11 May 1994 MRS ELIZABETH WONG CHIEN CHI-LIEN, I.S.O., J.P. SECRETARY FOR HEALTH AND WELFARE THE HONOURABLE MICHAEL SZE CHO-CHEUNG, I.S.O., J.P. SECRETARY FOR THE CIVIL SERVICE MR HAIDER HATIM TYEBJEE BARMA, I.S.O., J.P. SECRETARY FOR TRANSPORT MR GORDON SIU KWING-CHUE, J.P. SECRETARY FOR ECONOMIC SERVICES MR DONALD TSANG YAM-KUEN, O.B.E., J.P. SECRETARY FOR THE TREASURY MR MICHAEL DAVID CARTLAND, J.P. SECRETARY FOR FINANCIAL SERVICES MR CANICE MAK CHUN-FONG, J.P. SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS MRS REGINA IP LAU SUK-YEE, J.P. SECRETARY FOR TRADE AND INDUSTRY THE CLERK TO THE LEGISLATIVE COUNCIL MR RICKY FUNG CHOI-CHEUNG THE DEPUTY SECRETARY GENERAL MR LAW KAM-SANG HONG KONG LEGISLATIVE COUNCIL ― 11 May 1994 3653 Papers The following papers were laid on the table pursuant to Standing Order 14(2): Subject Subsidiary Legislation L.N. No. Drug Addiction Treatment Centre (Hei Ling Chau Addiction Treatment Centre) (Amendment) Order 1994............................................................................................. 249/94 Prisons (Amendment) (No. 2) Order 1994 .................................................... 250/94 Oral Answers to Questions Age discrimination in employment 1. MR TAM YIU-CHUNG asked (in Cantonese): Will the Government inform this Council whether it is aware that in recruiting their employees, some organizations and trades impose strict age limits upon applicants even for jobs that are not of a special nature; and whether consideration will be given to introducing legislation or taking other measures to tackle the problem of age discrimination and to protect those people who have undergone employees retraining against unemployment because of age discrimination? SECRETARY FOR EDUCATION AND MANPOWER (in Cantonese): Mr President, in a free labour market such as ours, both employers and employees are free to make choices most suited to their requirements. While it is still common practice for an employer to list out certain criteria for employment such as qualification, experience and age, an increasing number of employers have lifted or relaxed the age limit in an effort to recruit sufficient staff from a tight labour market. The Administration will continue to promote fair employment opportunities for all. But we believe that persuasion and encouragement would be better than intervention by legislation in this case. Staff of the Local Employment Service of the Labour Department would, as a matter of practice, advise employers to relax age requirement in their recruitment. This message is conveyed to employers whenever promotional visits are made to establishments or when employers register their job vacancies with the department. As for retrainees under the Employees Retraining Scheme, the best preparation for them is to improve their competitive edge, such as through training in social, language and practical skills. Employers are closely involved in designing and monitoring such programmes to ensure that the retrainees 3654 HONG KONG LEGISLATIVE COUNCIL ― 11 May 1994 possess skills that meet market needs. Recently, a special retraining programme for retrainees aged 50 or over has been introduced. The response from employers has been most encouraging. Further retraining programmes for this age group will be designed and launched in the near future. Furthermore, to encourage employers participating in the On-the-Job Training Scheme to take on older job applicants, the Employees Retraining Board has recently revised the criteria for reimbursing training expenses so that employers can claim reimbursement only for employing retrainees aged 40 or above. MR TAM YIU-CHUNG (in Cantonese): Mr President, people in the labour sector are of the view that age discrimination is a result of importation of labour. Will the Administration inform this Council whether introduction of legislation can protect local workers by giving them priority in employment? SECRETARY FOR EDUCATION AND MANPOWER (in Cantonese): Mr President, any employment is a matter between employer and employee and is dictated by the requirements of either party. The employer has to look for the best person for the job while the employee has to look for the job that most suited him. The Government has very stringent restrictions as far as importation of labour is concerned. Employers are required not to impose any age limit when filling any vacancies. Contravention will lead to disqualification of the employer who will be debarred from making further applications for imported labour. We are also closely monitoring whether the quota system has been complied with. Random checks and surprise visits are conducted from time to time to prevent employers from abusing the scheme by making use of any loopholes in it. We will certainly protect the interests of local workers by giving them priority in employment when any vacancies arise and that foreign labour will be imported only in the event that there is insufficient supply from our labour market. MS ANNA WU: Mr President, does the Government consider itself bound by the international obligations to prohibit discrimination and whether the Government intends to establish guidelines prohibiting age discrimination for itself and the private sector? SECRETARY FOR EDUCATION AND MANPOWER: Mr President, we are not aware of any international organization or convention which stipulates anti-age discrimination, nor are we aware of any particular anti-age discrimination legislation in other countries. The situation in Hong Kong is that we have a very tight labour market. As I said in my main reply, the demand for the labour force is increasing. Market forces simply dictate the requirements which employers themselves are subject to when they try to recruit their staff. To that HONG KONG LEGISLATIVE COUNCIL ― 11 May 1994 3655 extent market forces are probably the most effective way of regulating supply and demand and this is what we are now experiencing in Hong Kong. And I do not think we need any particular legislation to interfere with market forces. PRESIDENT: Not answered, Ms WU? MS ANNA WU: Not answered, Mr President. I asked if the Government intends to establish guidelines to prohibit age discrimination applicable to the public as well as the private sectors? SECRETARY FOR EDUCATION AND MANPOWER: Mr President, the answer is no. The Government does not think any guidelines are necessary. As I said in my main reply the existing practice of encouraging employers to relax their requirements are sufficient for this purpose.