TNAG-1734-FCO40-2447-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 305

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HONG KONG LEGISLATIVE COUNCIL 11 May 1988

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teachers' associations on 17 May. However, the two circulars made the arrange- ments immediately effective. How do we treat the period from the time the circulars were issued to the time they were withdrawn? If some schools have already signed contracts with new teachers within this period or have calculated the maternity leave according to the circular, will the Education Department try to remedy the situation?

SECRETARY FOR EDUCATION AND MANPOWER: Sir, I will draw the director's attention to this point and ask him to consider it during this consultation period I referred to.

MR. SOHMEN: The Secretary's answer seems to suggest that the codes of aid do not comply with the Employment Ordinance. On the question of maternity leave, it is suggested that consultation is not necessary because all that is being done is to bring the codes of aid in line with the law. On the other hand, on the question of the notice period, consultation is now considered necessary even though the codes of aid will only be brought in line with the law. Why is there a difference?

SECRETARY FOR EDUCATION AND MANPOWER: Sir, there is no choice about complying with the law but it may be possible to comply with the law in different ways. On the maternity leave provision, there does not appear to be any room for manoeuvre. On the other provision, it is possible we may devise some other way to comply with the law other than the one proposed in the original circular.

MRS. FAN: Sir, it is always easy to be wise after the event. However, it does appear that the Education Department probably with good intentions and valid reasons has caused unnecessary worry and concern among teachers in the aided sector. Would the Secretary agree that such actions in future should at least be accompanied with full explanation to the parties concerned to reduce any misunderstanding?

SECRETARY FOR EDUCATION AND MANPOWER: Sir, I am sure it is the director's intention as far as possible to explain any changes in conditions to those concerned.

MR. SZETO (in Cantonese): Sir, will the Government inform this Council whether the Employment Ordinance provides only the minimum conditions and the codes of aid can provide more favourable terms to teachers than those specified in the Employment Ordinance?

SECRETARY FOR EDUCATION AND MANPOWER: Yes, Sir, the codes of aid do already provide more favourable conditions than the minimum provided in the Ordinance. One good example is the maternity leave provisions we have just spoken about which provide for full pay whereas the Ordinance only provides for two thirds pay.