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Title: Hong Kong Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
HONG KONG
Hong Kong, a small, densely populated British dependency, is a free
society with legally protected rights. Its constitutional arrangements
are defined by the Letters Patent and Royal Instructions. Executive
powers are vested in a British Crown- appointed Governor who holds
extensive authority. The judiciary is an independent body adhering to
English common law with certain variations. Fundamental rights
ultimately rest on oversight by the British Parliament. In practice,
however, Hong Kong largely controls its own internal affairs.
In 1995 following 17 rounds of unsuccessful talks between the United
Kingdom and the People's Republic of China, the Hong Kong Government
implemented legislation abolishing all appointed seats in the Hong Kong
Legislative Council (LEGCO). In September all 60 LEGCO seats were open
to direct or indirect balloting for the first time. An unprecedented
number of independent and party-affiliated candidates entered the
historic electoral contest. Overall, the elections were free and fair--
only scattered complaints regarding voter registration and ballot
counting were received.
China has announced its intent to dissolve the 1995 LEGCO, district
boards, and municipal councils in July 1997 when Hong Kong reverts to
China, noting that it did not agree to the electoral rules adopted by
the Hong Kong Government in 1994 for election to these bodies. China
further announced that a PRC-appointed preparatory committee will decide
how to form the first post-1997 LEGCO.
A well-organized police force maintains public order and is under the
firm control of civilian authorities. Some members of the police
committed human rights abuses (see Section 1.c.).
Hong Kong is a major regional and international trade and financial
center. It is the principal gateway for trade and investment with
China. The territory's free market economy operates on the basis of
minimal government interference and a thriving private sector. Per
capita gross domestic product surpassed $21,000 in 1994 and continued to
grow in 1995.
Human rights activists, journalists, and concerned legislators
criticized the Government for opposing major human rights initiatives,
including the establishment of a human rights commission,
antidiscrimination provisions in the law, and freedom of information
legislation. Human rights problems continued to include some instances
of excessive use of force by the police, media self-censorship,
limitations on citizens' ability to change their government, and
violence and discrimination against women. In June the United Kingdom
and China signed an agreement on establishing Hong Kong's Court of Final
Appeal after the 1997 transition, and LEGCO approved implementing
legislation.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
There were at least four instances of death in police custody. The
authorities determined that three were suicides; the fourth is under
investigation.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law forbids torture and other extreme forms of abuse and stipulates
punishment for those who break the law. Disciplinary action can range
from dismissal to warnings. Criminal proceedings may be undertaken
independently of the disciplinary process of the police force.
Allegations of excessive use of force are investigated by the Complaints
Against Police Office, whose work is in turn monitored and reviewed by
the Police Complaints Council, a body comprised of members of the public
appointed by the Governor. The Government, however, continued to resist
public calls for the creation of an independent body to investigate
allegations of abuse by police.
Although excessive use of force by police is not widespread, there are
occasional complaints of force being used to coerce information or
confessions during police interrogations. Human rights monitors in Hong
Kong are concerned that this may be a growing problem and have
documented victims' complaints of beatings during interrogation and, in
at least one case, the use of water torture in the 1994-95 period. In
1994 government officials reported 1,554 complaints against the police,
of which only 2 were substantiated by the Police Complaints Council.
Human rights groups contrast the relatively large number of complaints
against the police with the very small number of cases substantiated by
the Government to argue the need for revamping a system where the review
process appears to favor the police.
Although conditions vary among prisons, prison conditions generally
conform to international standards.
d. Arbitrary Arrest, Detention, or Exile
British legal protections and common law traditions govern the process
of arrest and detention and ensure substantial and effective legal
protections against arbitrary arrest or detention. Exile is not
practiced.
e. Denial of Fair Public Trial
Hong Kong's judicial and legal systems are organized according to
principles of British constitutional law and legal precedent and
feature, among other things, an independent judiciary and trial by jury.
The law provides for the right to a fair public trial, and this is
respected in practice. According to the agreement signed by the United
Kingdom and China in June, Hong Kong's Court of Final Appeal will be
established formally on July 1, 1997. Incoming officials ("team
designate") of the post-1997 Hong Kong Special Administrative Region
(SAR) will be responsible for setting up the court and selecting judges.
The agreement, thus, grants a principal role in the court's
establishment and membership to the Hong Kong SAR government.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law provides for the right of privacy, and the Government generally
respects this right in practice. The Independent Commission Against
Corruption (ICAC) is vested with powers that are normally exercised only
by a judicial officer. Amendments to ordinances governing ICAC deprived
it of the independent authority to issue arrest or search warrants (it
must now go to the courts), but it still operates on the assumption that
any excessive, unexplainable assets held by civil servants are
considered ill-gotten until proven otherwise.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There is a tradition of free speech and press as practiced in Great
Britain. Numerous views and opinions, including those independent or
critical of the British, Hong Kong, and Chinese Governments are aired in
the mass media, in public forums, and by political groups.
International media organizations operate freely. Several ordinances
permit restrictions of the press, but they are rarely imposed. The Hong
Kong Journalists Association continued to criticize the Government for
not taking swift action to do away with these ordinances before 1997,
warning that the post-June 1997 government might be more prone to invoke
them.
After intensive press coverage of violent demonstrations by Vietnamese
boat people protesting their return to Vietnam in 1994, the Government
changed procedures so that such transfers take place where it is
difficult for the press to view the operation. The media complained
about this limitation on their ability to report.
There are reliable indications that media self-censorship is a fact of
life, particularly on issues considered to be sensitive to the PRC. Two
local television stations decided against airing a documentary on the
removal of transplant organs from executed prisoners after Chinese
officials expressed strong criticism of the program and its producers.
Journalists and human rights groups also criticized the release of
cartoonist Larry Feign from the South China Morning Post (SCMP) staff
following published cartoons lampooning PRC leaders. SCMP management
explained Feign's release as part of an overall staff drawdown, but many
Hong Kong journalists--including some on the SCMP staff--view the
decision as politically motivated. According to poll results published
in February by Hong Kong University's Social Sciences Research Center
(SSRC), most journalists believe that self-censorship remains a problem.
A 1994 SSRC survey found that 88 percent of respondents believed that
there was self-censorship in Hong Kong's media, with 57 percent
indicating that self-censorship occurred where they worked.
Journalists, human rights groups, and others have criticized the PRC for
taking retaliatory action against Hong Kong businessman Jimmy Lai's
business interests in China. Lai's daily newspaper Apple, which began
publishing in June 1995, and Next magazine, which began publishing in
1990, have been critical of China. A Hong Kong-based reporter and a
photographer working for Next magazine were detained for several days in
Fujian during China's missile tests near the Taiwan coast. China also
refused journalists' credentials to reporters working for Apple.
The fate of Ming Pao reporter Xi Yang, arrested in 1994 and sentenced to
12 years' imprisonment in China for stealing "state financial secrets,"
continues to have a chilling effect on his colleagues and others in Hong
Kong. On September 27, there was a demonstration at the Hong Kong
offices of Xinhua news agency to protest his continued imprisonment in
China. The filming of demonstrators by the Hong Kong police raised
criticism in the local press. Journalists report that such self-
censorship is also increasing for commercial reasons, as Hong Kong-based
media organizations which are expanding their ties to China seek to
avoid offending the Chinese Government. Following PRC objections to a
Hong Kong government proposal to "corporatize" the government-owned
Radio Television Hong Kong, there have been no further efforts by the
Government to do so.
Media and general public access to government information is strictly
controlled. The Government opposed freedom of information legislation
proposed by LEGCO members and instead decided that an administrative
code of practice on access to government information should be
developed. Under the code, civil servants would be required to provide
information held by the Government, unless there are valid reasons not
to do so. A pilot scheme to test the legal, practical, and resource
implications arising from the code began in March. By the end of 1996,
the code will be extended to the entire Government.
b. Freedom of Peaceful Assembly and Association
These freedoms are practiced without significant hindrance, although the
amended Societies Ordinance requires people to notify the Societies
Officer of the formation of a society. The Societies Officer may
recommend to the Secretary for Security prohibition of the operation or
continued operation of a society if he reasonably believes that it may
be prejudicial to the security of Hong Kong, or to public safety or
public order. While the provision in the Ordinance allowing the
Government to refuse to register an organization "incompatible with
peace, welfare, or good order," or affiliated with a political
organization abroad was repealed in 1992, China's National People's
Congress included similar language in the Basic Law which will become
effective in 1997.
c. Freedom of Religion
The Hong Kong Bill of Rights includes a provision prohibiting
discrimination on the basis of religion. Government policy and general
practice ensure freedom of religion.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
Travel documents are obtainable freely and easily, subject to neither
arbitrary nor discriminatory practices. There is freedom of movement
within Hong Kong.
Hong Kong has never refused to accept nor pushed off Vietnamese boat
people. Refugee status was automatically accorded them prior to June
1988. However, since then asylum seekers have been screened to
determine their status and held in prison-like detention centers
awaiting resettlement in other countries or repatriation to Vietnam. In
fiscal year 1995, 2,566 persons took advantage of resettlement
incentives offered by the United Nations High Commissioner for Refugees
(UNHCR) and the Hong Kong Government and repatriated voluntarily to
Vietnam. These incentives were offered only until the end of 1995. On
May 12, 1992, the Hong Kong Government reached agreement with Vietnamese
authorities on mandatory repatriation (the "Orderly Return Program") of
those who have been denied asylum. There were 860 people repatriated
under the Orderly Return Program in 1994. Under the program, people are
randomly chosen from the nonrefugee camp population and moved to a
separate location several days before a flight's scheduled departure.
Government security officers then escort all those being mandatorily
returned on to the airplane and accompany the flight to Vietnam.
Some 23,000 people remain in Hong Kong camps, of whom about 1,500 are
screened-in as refugees but who, for reasons of health or criminal acts,
have not been resettled.
Voluntary repatriation to Vietnam declined dramatically in the spring of
1995 in the wake of both U.S. congressional and executive branch
proposals that hold out the promise for resettlement of additional
Vietnamese in the United States. Hong Kong authorities continue to
encounter physical resistance in the camps when attempting to remove
those chosen for the Orderly Return Program flights. There has been no
recurrence of the level of violence seen in the April 1994 incident at
Whitehead Detention Center. Violence that has occurred has taken the
form of rock throwing and assaults with homemade weapons.
The number of illegal Chinese immigrants has been estimated by the Hong
Kong Government to be 10,000. Police sources state that the figure is
much higher and the press estimates the number to be 24,000. The
Government continues to deport illegal Chinese immigrants back to the
PRC at the rate of approximately 150 per day. Only in those rare
instances in which a person qualifies as a refugee under the terms of
the International Agreement on the Status of Refugees is asylum
afforded. There are currently 240 ex-China Vietnamese illegal
immigrants in Hong Kong. The repatriation of these ethnic Vietnamese,
who fled from China to Hong Kong, continued in 1995, generally without
incident.
A well-known Chinese labor organizer, Han Donfang, remains in Hong Kong.
Chinese government authorities continued to refuse him entry into China
as they have ever since his expulsion from China in August 1993.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Hong Kong is a free society, with most individual freedoms and rights
protected by law and custom. Although the Government has moved to
democratize district and municipal boards and LEGCO, citizens of the
territory do not have the right to change the government. The Governor
is appointed by and serves at the pleasure of the Crown. He is advised
on policy by the executive council which he appoints.
The LEGCO enacts and funds legislation and also debates policy and
questions the administration. Although LEGCO's power to initiate
legislation is limited (all bills with budgetary implications, for
example, must be approved by the Government before introduction), it has
become increasingly assertive. The Governor has ultimate control of the
administration of Hong Kong but, by convention, rarely exercises his
full powers. In practice, decisions are reached through consensus.
Political parties and independent candidates are free to contest seats
in free and fair elections. Representative government employing
universal franchise exists at the local district board level.
All district and municipal board members were elected in 1994 and 1995,
respectively. In 1995 the Government implemented legislation which
abolished all appointed seats in LEGCO. In September 920,000 voters, by
direct or indirect balloting, selected members to fill these seats.
Candidates of all political persuasions participated in free and fair
elections, although there were scattered complaints regarding voter
registration and ballot counting in a few areas. Out of a total of 60
seats, there were 20 geographical constituency seats directly elected,
10 seats selected by an election committee comprised of 283 locally
elected officials, 9 seats selected by broad functional (occupational)
constituencies, and 21 seats elected by more narrow functional groupings
which disproportionately represent the economic and professional elites
and violates the concept of one person-one vote, since voters in
functional constituencies may vote both in a functional and geographic
constituency. Although the elections did not result in a fully
representative, democratically elected government, they significantly
increased voters' ability to influence government decisionmaking through
a greater number of elected representatives. The PRC has stated that it
does not recognize the validity of the September LEGCO elections, and
that the present LEGCO will "end/terminate" on June 30, 1997.
The United Nations Human Rights Committee (UNHRC), in reviewing the
application of the International Covenant on Civil and Political Rights
(ICCPR) to Hong Kong, stated that the current electoral system does not
conform to the Covenant. The November 3, 1995 UNHRC report also
criticized the structure of LEGCO, as changed under the recent electoral
reforms, as still giving "undue weight to the views of the business
community" and discriminating among voters "on the basis of property and
functions." The UNHRC, while noting the United Kingdom's reservation to
the ICCPR on the application of universal suffrage in Hong Kong, took
the view that "once an elected legislative council is established, its
election must conform" to the ICCPR's call for direct popular election
of all seats. The Hong Kong Court of Appeal on November 24, 1995, ruled
against two Hong Kong plaintiffs who challenged the Government on the
legality of LEGCO functional constituencies under the terms of the
Letters Patent and the Hong Kong Bill of Rights.
The Government is continuing efforts to replace Hong Kong Chinese in
senior government positions and has publicly committed to fill all
"principal official" posts with local officers before 1997. As of April
1995, 70 percent of the Government's top directorate-level jobs and 80
percent of administrative and other senior management positions were
filled by local staff. Expatriates remain in key positions in the legal
department and the judiciary where localization progress has been
slower, with 64 percent of the legal and 46 percent of judiciary officer
positions currently localized. In addition, localization of mid-to-
upper ranks of the police force has been slow. The Government's efforts
to add Chinese to the Government were opposed by a group of expatriate
government workers who undertook legal action against the Government,
claiming they were being discriminated against under the provisions of
the Hong Kong Bill of Rights. The Hong Kong High Court on October 31
ruled on the case, taking the position that most of the Government's
localization arrangements were lawful.
Women are playing a greater role in politics, with greater numbers
running for public office in 1994 and 1995 than ever before. In 1995
women comprised 12 percent of LEGCO, 13 percent of the top Government
directorate level posts, and 37 percent of Government administrative
officers.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The International Covenant on Civil and Political Rights and on
Economic, Social, and Cultural Rights currently applies to Hong Kong
through the United Kingdom. China has agreed to extend these agreements
to Hong Kong beyond 1997, although it has indicated that it does not
consider itself to be obligated to implement the requirements under the
agreements since China is not a signatory. In October the PRC-appointed
Preliminary Working Committee's legal subgroup issued a statement which
called for striking key sections from Hong Kong's Bill of Rights
Ordinance (BOR), including those articles which incorporate the
International Convention on Civil and Political Rights into Hong Kong
law. The subgroup also recommended that other public security
ordinances amended to conform to the BOR be changed to restore the
Government's original prerogatives under these laws. The legal
subgroup's statement was a recommendation, and to date no action has
been taken to amend any section of the Bill of Rights.
The UNHCR and nongovernmental human rights organizations have full
access to Hong Kong's camps for Vietnamese boat people.
Although the Government to date has interposed no official barriers to
the formation of local human rights groups, some human rights activists
believe that provisions of the Societies Ordinance provide the legal
means whereby a future government could do so.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
In 1994 some LEGCO members supported the introduction of
antidiscrimination measures addressing the problems of sex, age, race,
and age discrimination. The Government opposed the legislation and
instead introduced its own bills, both adopted in 1995, banning
discrimination on the basis of sex and disability.
The Chinese language has equal status with English in many government
operations except in judicial proceedings. To help remedy the situation
in judicial proceedings, the Government has increased the number of
directorate officers in the Legal Aid Department proficient in Chinese
from three (out of nine) to seven and initiated a pilot scheme for
simultaneous interpretation in some court proceedings.
Women
Violence and discrimination against women remain significant problems in
Hong Kong society. The only legislation to protect the rights of
battered women is the 1987 Domestic Violence Ordinance, which enables a
woman to seek a 3-month injunction against her husband which may be
extended to 6 months. In addition, domestic violence may be prosecuted
as common assault under existing criminal statutes. The Government
enforces these laws and prosecutes violators. It also funds programs
and services to stem domestic violence such as family life education
counseling, a hotline service operated by the Social Welfare Department
and nongovernmental organizations, 53 family service centers, 2 shelters
for women and children, temporary housing, legal aid, and child
protective services. Many women, however, do not seek help when they
have been victims of violence, and many instances of domestic violence
are not reported because of cultural factors and the Government's
failure to publicize information about the assistance and resources
available. Women's action groups continue to press for better legal and
government protection for battered wives.
Women face discrimination in areas of employment, salary, welfare,
inheritance, and promotion (see Section 6.e.). Discrimination on the
basis of age, particularly in hiring practices, is openly practiced, and
is not prohibited by law.
Children
The Government demonstrates its strong commitment to children's rights
and welfare through its well-funded systems of public education,
medical care, and protective services. The Government supports child
welfare programs including custody, protection, day care, foster care,
shelters, and small group homes. Assistance is also provided to
families. Child abuse and exploitation are not widespread problems in
Hong Kong. Child labor is not a serious problem. The Government
remains committed to the human rights and welfare of children. The
International Covenant on the Rights of the Child was extended to Hong
Kong by the United Kingdom in 1994. In 1995 amendments to the law were
adopted by LEGCO making it easier for abused children to give evidence
in court. Legal penalties for ill-treatment or neglect of minors were
also substantially increased.
People with Disabilities
Organizations and individuals representing the interests of the disabled
claim that discrimination against the physically and mentally disabled
exists in employment, education, and the provision of some state
services. Access to public buildings and transportation remain problems
for the physically disabled. Advocacy groups have urged the Government
to do more to encourage greater public tolerance of the mentally
disabled. The Government has been responsive, undertaking programs
aimed at fostering greater public acceptance of the disabled. In 1995
LEGCO passed the Antidiscrimination Law to protect the rights of the
disabled. This Law calls for changes to the building ordinance to
improve building access for the disabled and sanctions for those who
discriminate against the disabled.
National/Racial/Ethnic Minorities
Racial discrimination against Filipino women, 140,000 of whom work under
contract in Hong Kong, has been the focus of news reports. Also,
despite official reassurance that Philippine workers would be welcome
after 1997, reports indicate that employers of large numbers of
Filipinos--hotels and the airport authority--are beginning to employ PRC
Chinese instead.
Section 6 Worker Rights
a. The Right of Association
The right of association and the right of workers to establish and join
organizations of their own choosing are provided for by law. Trade
unions must be registered under the Trade Unions Ordinance. The basic
precondition for registration is a minimum of seven persons who serve in
the same occupation. The Government does not discourage or impede the
formation of unions. During 1994, 25 new trade unions were registered.
Approximately 562,285 workers (or about 21 percent) out of a total
labor force of 3 million belong to the 548 registered unions, most of
which belong to 1 of 3 major trade union federations.
Work stoppages and strikes are permitted. However, there are some
restrictions on this right for civil servants. Even though the
Employment Ordinance recognizes the right to strike, in practice most
workers must sign employment contracts which typically state that
walking off the job is a breach of contract and can lead to summary
dismissal. The Employment Ordinance also permits firms to discharge or
deduct wages from staff who are absent on account of a labor dispute.
Hong Kong labor unions may form federations, confederations, and
affiliate with international bodies. Any affiliation with foreign labor
unions requires the consent of the Government. No application for such
affiliation has so far been refused. Hong Kong's two leading labor
federations, the Hong Kong Federation of Trade Unions and the Hong Kong
Confederation of Trade Unions, were active participants in the
territory's September LEGCO elections.
As a dependent territory of the United Kingdom, Hong Kong is not a
member in its own right of the International Labor Organization (ILO).
The United Kingdom makes declarations on behalf of Hong Kong concerning
the latter's obligations regarding the various ILO conventions. To
date, Hong Kong has implemented provisions applying 49 conventions. In
the Basic Law, China undertook to continue to adhere to these
conventions after 1997.
b. The Right to Organize and Bargain Collectively
The ILO convention on the right to organize and bargain collectively has
been applied to Hong Kong without modification since 1975. This
convention does not obligate the Government to impose collective
bargaining by statute. There are no laws which stipulate collective
bargaining on a mandatory basis. Wage rates in a few trades like
tailoring and carpentry are now determined collectively in accordance
with established trade practices and customs rather than as a statutory
mechanism.
In practice, collective bargaining is not widely practiced. Unions
generally are not powerful enough to force management to engage in
collective bargaining. The Government does not encourage it, since the
Government itself does not engage in collective bargaining with civil
servants' unions but merely "consults" with them. Free conciliation
services are afforded by the Labor Relations Division of the Department
of Labor (DOL) to employers and employees involved in disputes which may
involve statutory benefits and protection in employment as well as
arrears of wages, wages instead of notice, and severance pay. The DOL
assists employers and employees in dispute to reach amicable
settlement, but does not have the authority to impose a solution. The
DOL is not required by law to allow unions to represent employees in
these proceedings, although it takes a positive attitude towards the
participation by trade unions in dispute negotiations. The Labor
Tribunal Ordinance provides that an officer of a registered trade union,
who is authorized in writing by a claimant or defendant to appear as his
representative, has the right of audience in the Labor Tribunal.
The law protects workers against antiunion discrimination. Employees
who allege such discrimination have the right to have their cases heard
by the DOL's Labor Relations Division. Violation of the antiunion
discrimination provisions under the Employment Ordinance is a criminal
offense carrying a maximum fine of $2,564. However, employers are not
required to reinstate or compensate an employee.
The International Confederation of Free Trade Unions is highly critical
of Hong Kong labor legislation's failure to protect the right to strike,
and for its provisions allowing dismissals and disciplinary action
against striking trade unionists. Individual labor claims are
adjudicated by the Labor Tribunal, a part of the judicial branch, which
is supposed to provide quick and inexpensive machinery for resolving
certain types of disputes. The Tribunal complements the conciliation
service provided by the Labor Relations Division. Union leaders
complain, however, that the Tribunal takes too long--an average of 130
days--to hear workers' cases. Labor unions and legislators also are
concerned about government plans to allow increases in imported labor,
fearing downward pressure on wages. There are few protections for
almost 152,000 Filipino, Thai, and Indonesian domestic workers who face
deportation if dismissed by their employers and are thus vulnerable to
abuse.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Existing labor legislation prohibits forced labor, and it is not
practiced.
d. Minimum Age for Employment of Children
The Employment of Children Regulations prohibit employment of children
under age 15 in any industrial establishment. Children ages 13 and 14
may be employed in certain nonindustrial establishments, subject to
conditions aimed at ensuring a minimum of 9 years' education and
protecting their safety, health, and welfare. During 1995 the
Government continued inspections to safeguard against the employment of
children. As in past years, few violations were found.
e. Acceptable Conditions of Work
There is no minimum wage except for foreign domestic workers. In 1995
the minimum wage for such workers was US$480(HK$3,750) a month. Because
the law requires employers of domestic labor to provide such workers
with housing, worker's compensation insurance, and meals or a meal
allowance, this wage is sufficient to provide a worker with a decent
standard of living.
Aside from a small number of trades and industries where a uniform wage
structure exists, wage levels are customarily fixed by individual
agreement between employer and employee and are determined by supply and
demand. Despite higher unemployment (the unemployment rate in the Fall
was 3.5 percent), wage increases were given to most workers. Many
employees also receive a year-end bonus of a month's pay or more. Some
employers in the manufacturing sector provide workers with various kinds
of allowances, free medical treatment, and free or subsidized transport.
There are no legal restrictions on hours of work for men. The Women and
Young Persons (Industry) Regulations under the Employment Ordinance
control hours and conditions of work for women and for young people age
15 to 17. Work hours for young people are limited to 8 per day and 48
per week between 6 a.m. and 11 p.m. Women are permitted to work only
between 7 a.m. and 7 p.m; however, this provision is very loosely
enforced for persons age 16 or over. Overtime is restricted to 2 hours
per day and 200 days per year for women and is prohibited for all
persons under age 18 in industrial establishments. The regulations also
prohibit women and young persons from working underground or, with the
exception of males age 16 and 17, in dangerous trades. The Labor
Inspectorate conducts workplace inspections to enforce compliance with
these regulations. During 1994 there were 8,102 prosecutions for
breaches of various ordinances and regulations. Fines totaling $3.8
million were imposed. The employment of underage workers is generally
not a serious problem.
The DOL Factory Inspectorate Department (FID) sets basic occupational
safety and health standards, provides education and publicity, and
follows up with enforcement and inspection in accordance with the
Factories and Industrial Undertakings Ordinance and subsidiary
regulations. The Inspectorate pays particular attention to safety in
high-risk areas of factories and construction sites, with routine visits
to such sites. During 1994, 78,621 inspections including 5,733 accident
investigations were conducted. DOL officials acknowledged that
accidents in construction and service sectors remain very high. Apart
from routine inspections, the FID also expanded special inspections.
During these campaigns 23,166 factories, 318 catering establishments,
and 1,295 construction sites were inspected, resulting in 1,571
summons. Fines were varied, depending on the seriousness of the
violation. There is continued need for stronger government enforcement
and inspection efforts.
As part of a complementary effort, the DOL Occupational Health Division
investigates claims of occupational diseases and injuries at work,
conducts environmental testing in the workplace, and provides medical
examinations to employees in occupations that involve the handling of
hazardous materials. The small number of inspectors--about 200--and the
inability of workers to elect their own safety representatives weaken
the enforcement of safety and health standards at the workplace. There
is no specific legal provision allowing workers to remove themselves
from dangerous work situations without jeopardy to continued employment.
(###)
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