XN000022-1982-06-30 — Page 6

WEDNESDAY, JUNE 30, 1982

A MAXIMUM FINANCIAL PENALTY OF $5 MILLION HAD BEEN SET TO PRODUCE THE GREATEST POSSIBLE DETERRENT EFFECT, HE SAID.

FORFEITURE OF SHIPS IS INTENDED AS THE ULTIMATE SANCTION IN THE EVENT OF THE PENALTY NOT BEING PAID.

IN FRAMING THE PROPOSALS, THE GOVERNMENT HAD CONSIDERED THE POSSIBLE DAMAGE WHICH MIGHT BE CAUSED TO SHIPPING INTEREST AND OUR IMAGE AS A FREE AND EFFICIENT TRADING PORT.

HE ADMITTED THAT THE BILL COULD RESULT IN SOME DEGREE OF DELAY TO A SHIP BUT THIS COULD BE MINIMISED IF THE OWNER AGREED TO PAY A BAIL OR GIVE A BOND FOR THE RELEASE OF THE SHIP.

+OUR AIM MUST BE TO BALANCE THE ADVANTAGE TO BE GAINED FROM AN EFFECTIVE DETERRENT TO TRAFFICKERS AGAINST THE DISADVANTAGE OF AFFECTING THE TRADING IMAGE OF HONG KONG. I BELIEVE THE BILL DOES SO,+ MR DAVIES SAID.

IT IS INTENDED THAT, IF ENACTED, THE BILL WILL COME INTO OPERATION IN SIX MONTHS' TIME.

DEBATE ON THE BILL WAS ADJOURNED.

LRS INVESTIGATES EVERY COMPLAINT OF WRONGFUL DISMISSAL

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THE LABOUR RELATIONS SERVICE OF THE LABOUR DEPARTMENT INVESTIGATES EVERY COMPLAINT OF WRONGFUL DISMISSAL OR DISMISSAL WITHOUT REASONABLE GROUNDS, THE COMMISSIONER FOR LABOUR, THE HON J.N. HENDERSON, SAID AT THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

REPLYING TO QUESTIONS BY THE HON ANDREW SO, MR HENDERSON POINTED OUT THAT IN CASES ALLEGING WRONGFUL DISMISSAL DISMISSAL IN BREACH OF THE CONTRACT OR THE LAW - CONCILIATION SERVICE WOULD BE RENDERED TO THE PARTIES CONCERNED AND, WHERE NECESSARY, THE CASES WOULD BE REFERRED TO THE LABOUR TRIBUNAL FOR ADJUDICATION.

IN MOST CIRCUMSTANCES, THIS PROVED TO BE SUCCESSFUL TO SAFEGUARD THE LEGAL ENTITLEMENTS OF THE WORKERS, INCLUDING WAGES IN LIEU OF NOTICE. IN OTHER CASES ALLEGING DISMISSAL WITHOUT REASONABLE GROUNDS, ADVICE WOULD BE GIVEN TO THE EMPLOYERS CONCERNED. THE EMPLOYEES, IF NOT REINSTATED, WOULD RECEIVE THE IR LEGAL ENTITLEMENTS UNDER THE EMPLOYMENT ORDINANCE AND, IN SOME CASES, AN EX-GRATIA PAYMENT OVER AND ABOVE THE LAW WOULD BE MADE AS COMPENSATION.

FROM JUNE 1981 TO MAY 1982, THE LRS RECORDED A TOTAL OF 8 813 CLAIMS FOR DISMISSAL WITHOUT NOTICE OR WAGES IN LIEU OF NOTICE. THERE WAS, HOWEVER, NO STATISTICAL BREAKDOWN OF THE CAUSES OF DISMISSALS.