WEDNESDAY, MARCH 14, 1979
3
BUT THE REV. THE HON. PATRICK MCGOVERN SAID HE STILL HAD MISGIVINGS.
WHILE HE SUPPORTED THE BILL'S AIM TO REMOVE CONFUSION BETWEEN STATUTORY HOLIDAYS AND REST DAYS, AND THE ADDITIONAL SEVEN CONSECUTIVE DAYS PAID ANNUAL LEAVE, HE THOUGHT THE COMPROMISE FLEXIBILITY CLAUSE ALLOWING ONLY FOUR CONSECUTIVE DAYS, IF THE EMPLOYEE SO REQUESTS, WAS OPEN TO MISUNDERSTANDING AND ABUSE.
+THE MAJORITY OF EMPLOYEES IN HONG KONG ARE IN NO POSITION TO MAKE REQUESTS. MANY OF THEM HAVE BEEN BRAINWASHED INTO THE IR EMPLOYERS' OWN MENTALITY THAT A WORKER IS THERE TO DO WHAT HE IS TOLD, AND SHOULD FEEL HONOURED TO HAVE THE PRIVILEGE OF BEING ALLOWED TO DO SO, HE SAID.
FR. MCGOVERN ALSO POINTED OUT THAT IF A WORKER DOES REQUEST, FREELY OR UNDER THREAT, TO OPT FOR FOUR CONSECUTIVE DAYS INSTEAD OF SEVEN, HE STILL HAS NO FREEDOM OF CHOICE AS TO WHEN HE TAKES THE REMAINING THREE DAYS.
THE ORDINANCE STATES THAT ... THE TIME WHEN THE LEAVE IS SO GRANTED SHALL BE APPOINTED BY THE EMPLOYER.+ IT GOES ON +AFTER CONSULTATION WITH THE EMPLOYEE OR HIS REPRESENTATIVES.+
+YOU CAN FORGET ABOUT THE REST OF THE SENTENCE, FR. MCGOVERN SAID. *THIS IS HONG KONG WHERE CONSULTATION, WITH EMPLOYEES IS ABOUT AS RARE AS FRESH LICHEES AT CHRISTMAS TIME.+
HE REFERRED TO THE LATEST HONG KONG ANNUAL REPORT WHERE IT IS SAID THAT 25 ESTABLISHMENTS WERE KNOWN TO THE LABOUR DEPARTMENT TO HAVE FORMAL JOINT CONSULTATION COMMITTEES.
IT IS NOT CLEAR WHETHER THIS WAS 25 OUT OF THE SOME 59,000 REGISTERED COMPANIES, OR THE 39,000 MORE ODD MANUFACTURING ESTABLISHMENTS.
+BUT IN EITHER CASE THE FIGURE IS A FAIR INDICATION OF THE PART CONSULTATION PLAYS IN THE LIFE OF A HONG KONG WORKER HE SAID.
THE HON. FRANCIS TIEN FULLY SUPPORTED THE BILL AND POINTED OUT THAT THERE HAD BEEN AMPLE OPPORTUNITY FOR BOTH EMPLOYERS AND EMPLOYEES TO PUT THE PAID ANNUAL LEAVE PROVISIONS INTO PRACTICE.
RECENTLY, HE SAID, THE PRESS HAD REPORTED THAT IN THE MANUFACTURING SECTOR IN PARTICULAR, EMPLOYERS HAD COMBINED THE SEVEN DAYS PAID ANNUAL LEAVE WITH THOSE OF THE STATUTORY LUNAR NEW YEAR HOLIDAYS, AND THIS HAD ENABLED MANY WORKERS TO PAY CUSTOMARY VISITS TO THEIR RELATIVES IN CHINA,
THE HON, PETER C. WONG SAID THAT AFTER CAREFUL STUDY, HE WAS SATISFIED THAT THE BILL HAD ACHIEVED ITS OBJECTIVE OF REMOVING AMBIGUITIES,
HE SAID HE WOULD ALWAYS GIVE WHOLE-HEARTED SUPPORT TO ANY PROPOSAL TO REMOVE VAGUENESS AND IMPRECISION IN LEGISLATION.