HONG KONG LEGISLATIVE COUNCIL-8 March 1989
香港立法局 ——一九八九年三月八日
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the company. These powers do not apply in respect of the general debts owing or other liabilities of the company to its creditors.
In practice, employees so affected go to the Labour Department for help. They lodge claims under the relevant provisions of the Employment Ordinance. The Labour Relations Service of the department arranges conciliation in the first instance. If conciliation does not solve the problem, the case is referred to the Labour Tribunal. If the employers are insolvent, wages in arrears, wages in lieu of notice and severance payments owed to employees are preferential debts under the Companies and Bankruptcy Ordinances. If there is evidence of a criminal offence, appropriate action can be taken under the criminal law. In all cases, the Legal Aid Department is available to employees who may wish to pursue any claims against a defaulting employer.
Meanwhile employees may also receive help under the Protection of Wages on Insolvency Ordinance. At present, the Ordinance covers wages in arrears and wages in lieu of notice. Within the current Session I hope to be able to introduce a Bill into this Council to extend the scope of the Ordinance to cover severance pay.
Sir, this legislation is as adequate as we have been able to make it, but we are always open to suggestions for further improvements.
蘇周艷屏議員問:主席先生, 根據目前往海外僱傭的條例,勞資雙方須在勞工處簽署工作合約, 僱員才可受到條例的保障。隨着非經常性往中國大陸工作的僱員和忽略有關條例的僱員越來越多 ,當局會否檢討有關法例在條文上或執行上的漏洞?
SECRETARY FOR EDUCATION AND MANPOWER: Sir, on the question of the employment outside Hong Kong, the contract for employment outside the Hong Kong Ordinance does seem to me a slightly different one. But I can in fact inform Members that it is being reviewed by the Labour Department at present and the department does hope to make suggestions for improvements to the Ordinance to the relevant committee of the Labour Advisory Board next Tuesday.
MR. PETER WONG: Sir, the legal remedies advocated by the Secretary is little consolation to a worker when he finds that his boss has absconded to China. Are there any arrangements in force or under discussion with China for the reciprocal dealing of such absconders, and also have there been any instances of employers attempting to avoid their liabilities in this way?