HONG KONG LEGISLATIVE COUNCIL
12 July 1989
香港立法局
一九八九年七月十二日
49
A Legislative Council ad hoc group was formed to examine the Bill. Two representations from concerned labour organizations have been received mainly on the setting of the maximum limit of payment for each applicant. They have requested that the limit should be set at $8,000, which is the amount stipulated in the Bankrupty and Companies Ordinance for preferential treatment of claims, or in another case $16,000. The ad hoc group, having duly considered the views conveyed in such representations, the views of the administration, the financial situation of the fund and the seemingly uncertain economic outlook ahead, has agreed to take a cautious approach by setting the limit of $4,000 as proposed in the Bill, subject to the Administration's promise to review the situation one year after the extension comes into effect.
It is gratifying to learn that the fund at present has an accumulated surplus of about $160,000,000. Nevertheless such surplus is the result of accumulation over the past few years during which Hong Kong enjoyed an economic boom. In order to prepare for the possible turn of the tide, it is vital to build up a reserve to cater for a possible downturn in the event of which payments from the fund could increase tremendously. After the extension to cover severance payment, the fund's current maximum limit of payment per applicant would amount to $14,000, inclusive of $8,000 as arrears of wages, $2,000 as wages in lieu of notice and $4,000 as severance payment. The accumulated surplus so far would be wiped out by payments to about 11 500 employees or 0.40% of the entire labour force of about 2.7 million in certain scenario which, of course, no one would like to see happen.
As the Bill would give added protection to employees, the passage of this Bill is most welcome.
Sir, with these remarks, I support the Bill.
彭震海議員致辭:主席先生,1989年破産欠薪保障(修訂)條例草案,可以說是為了現行條 例的不足而作出一些修訂。
草案將破産欠薪保障基金的範圍擴大至遣散費,其精神是令人鼓舞的。然而若從其實質作用而 言,則教人相當失望。受影響而申領該基金遣散費者,亦只能慨歎聊勝於無而已。因為,為同一 僱主長期服務的工人,倘若僱主因某些原因而宣告破產,他們可能會幾乎完全喪失其所應得的工 資、代通知金和長期服務金,更遑論遣散費。
當然,僱主破産實屬不幸,但受到影響的員工更應獲得同情。因為他們所能得到的基金墊支的 保障是如此微不足道。