LCQ17: Government outsourced service contracts

     Following is a question by the Hon Luk Chung-hung and a written reply by the Secretary for Labour and Welfare, Dr Law Chi-kwong, in the Legislative Council today (January 9):

Question:

     The Government has recently accepted the improvement measures recommended by an inter-bureaux/departmental working group in respect of government outsourced service contracts that rely heavily on the employment of non-skilled employees (service contracts). Such measures seek to enhance the employment benefits of such employees, including entitlement to a contractual gratuity, statutory holiday pay upon employment for one month and remuneration at 1.5 times the wage for work performed when Tropical Cyclone Warning Signal No. 8 or above is in force, and encourage procuring departments to adopt a tenure of a minimum of three years for the service contracts where operational situations permit. Such measures apply to service contracts for which tenders are invited on or after April 1 this year. Regarding service contracts, will the Government inform this Council:

(1) Of the number and total value of the service contracts awarded by various government departments and the number of non-skilled employees involved, in each of the past five years, with a breakdown by the category of services (i.e. cleansing, security and others) procured under such contracts;

(2) Of the following information from May 1 to December 31, 2017 and in 2018:

(A) The number of non-skilled employees employed by the outsourced service contractors (contractors) of the four major procuring departments (i.e. (i) Leisure and Cultural Services Department, (ii) Housing Department, (iii) Food and Environmental Hygiene Department and (iv) Government Property Agency);

(B) A breakdown of the number in (A) by the range (i.e. hourly wage at (a) $34.5 [equal to the statutory minimum wage], (b) $34.6 to $36.5, (c) $36.6 to $38.5, (d) $38.6 to $40.5, (e) $40.6 to $43, (f) $43.1 to $46, (g) $46.1 to $49 and (h) $49.1 or more, and (i) a rate higher than the statutory minimum wage rate [which is equal to the total of (b) to (h)]) to which the hourly wages, payable to such employees as pledged by the contractors in the tenders, belonged and their respective percentages; and

(C) The numbers and percentages of the employees in each of the ranges of hourly wages mentioned in (B), broken down by the category of services (i.e. cleansing, security and others) they provided, and a further breakdown of the number of each group of employees by the aforesaid four major procurement departments (set out the information for each year in tables of the same format as the table below);

Year: _____
 

Range of hourly wages Cleansing service Security service Other services Total %
(i) (ii) (iii) (iv) Subtotal % (i) (ii) (iii) (iv) Subtotal % (i) (ii) (iii) (iv) Subtotal %
(a)                                        
(b)                                        
(c)                                        
(d)                                        
(e)                                        
(f)                                        
(g)                                        
(h)                                        
(i)                                        
Total                                        

(3) Of the details of the re-tendering exercises of service contracts which were or will be conducted by the aforesaid four major procuring departments last year and this year, including the names of the contractors before tenders were/are invited, the commencement dates of the new contracts and the service districts involved, as well as the names of the successful contractors;

(4) Given that the remuneration packages for the employees under service contracts awarded through tenders invited on or after April 1 this year will be more favourable than those for the employees under service contracts awarded through tenders invited before that date, which will give rise to a situation of differential pay for workers with similar job content, whether the Government will consider earmarking funds for providing subsidies to those employees who cannot benefit from the improvement measures as those measures are not implemented with immediate effect (i.e. employees under service contracts awarded during the period from the date on which the Chief Executive announced the relevant measures in the 2018 Policy Address to March 31 this year); if so, of the details; if not, the reasons for that; and

(5) Whether it has set a timetable for reviewing such measures; if so, of the details; if not, the reasons for that?

Reply:

President,

     The inter-bureaux/departmental Working Group co-ordinated by the Labour and Welfare Bureau has completed a review of the employment terms and conditions as well as labour benefits of non-skilled employees engaged under government service contracts. The Working Group is proceeding with the preparatory work for implementation in full gear with a view to applying the improvement measures to the relevant government service contracts tendered from April 1, 2019 onwards. The measures include increasing the technical weighting in marking schemes and raising the weighting for wage level in technical assessment, enhancing the employment benefits of non-skilled employees including entitlement to a contractual gratuity, statutory holiday pay upon employment for not less than one month and additional remuneration for working when Tropical Cyclone Warning Signal No. 8 or above is in force, and encouraging procuring departments to adopt a tenure of not less than three years for the service contracts where operational situations permit.

     After consulting the members of the Working Group including the Financial Services and the Treasury Bureau, Food and Environmental Hygiene Department (FEHD), Leisure and Cultural Services Department (LCSD), Housing Department (HD) and Government Property Agency (GPA), my consolidated reply to the Member's question is as follows:

(1) The Government does not specifically keep information on the service contracts (excluding construction service contracts) relying heavily on the deployment of non-skilled employees awarded by each department. As regards the four departments of the Working Group, i.e. FEHD, LCSD, HD and GPA, information on the relevant service contracts (including the number of service contracts, the value thereof and the number of non-skilled employees involved) awarded in the past five years is at Annex A.

(2) Information on the non-skilled employees (including the number of employees, type of work and wages) engaged by service contractors of the aforesaid four departments as at December 31, 2018 is at Annex B. The departments do not keep other information sought on the employees or contracts.

(3) GPA has not conducted re-tendering exercises on relevant service contracts in 2018 and 2019 (as at January 7). The relevant information from FEHD, LCSD and HD is at Annex C.

(4) The Government must uphold the contract spirit and thus will not make it mandatory for contractors of the relevant contracts tendered before April 1, 2019 to comply with the improvement measures. There is no plan to provide any top-up subsidies. Following the expiry of relevant service contracts tendered before April 1, 2019 over time, all non-skilled employees of government service contracts will benefit from the improvement measures alike.

(5) In examining the improvement measures, the Working Group has met with trade unions, concern groups, members of the Legislative Council, employers' organisations, etc. for discussions, and consulted government departments which procure services. The members of the Working Group will closely monitor the employment terms and conditions, labour benefits and employment situation of the non-skilled employees upon the implementation of the measures.




Opening remarks by SCMA at press conference on National Anthem Bill (with photo/video)

     Following are the opening remarks by the Secretary for Constitutional and Mainland Affairs, Mr Patrick Nip, today (January 9) at the press conference on the National Anthem Bill:

     The Standing Committee of the 12th National People's Congress (NPCSC) adopted on November 4, 2017, the decision to add the Law of the People's Republic of China on National Anthem Law (National Anthem Law) to Annex III to the Basic Law. According to Article 18 of the Basic Law, the national laws listed in Annex III to the Basic Law shall be applied locally by way of promulgation or legislation by the Hong Kong Special Administrative Region (HKSAR). It is thus the constitutional responsibility of the HKSAR Government to implement the National Anthem Law locally.

     The Chief Executive in Council at its meeting yesterday (January 8) agreed that the National Anthem Bill should be introduced into the Legislative Council to implement the National Anthem Law in Hong Kong by local legislation. 

     Having regard to the common law system practised in Hong Kong, as well as the actual circumstances in Hong Kong, the national anthem law in the HKSAR will be implemented by local legislation. This approach fully demonstrates the spirit of the "one country, two systems" principle.

     The National Anthem Law consists of 16 clauses. Apart from Articles 9, 14 and 16, all the rest 13 clauses have been suitably reflected in the National Anthem Bill of the HKSAR. I will further elaborate on this later.

     The legislative principle of the National Anthem Bill is to fully reflect the purpose and intent of the National Anthem Law, which is to preserve the dignity of the national anthem and promote respect for the national anthem, and at the same time to give due regard to the common law system practised in Hong Kong, as well as the actual circumstances in Hong Kong.  

     The crux of the National Anthem Bill is two-pronged: (A) to state that the national anthem is the symbol and sign of the People's Republic of China and to lead people to respect the national anthem by directional provisions; (B) to introduce penalties for people who publicly and intentionally insult the national anthem.

     Overall speaking, the main spirit of the National Anthem Bill is respect, a behaviour which is natural, easily understood and not hard to display. As such, the Bill will not affect the daily life of the general public.

     Nonetheless, for those with an intent to insult the national anthem, and publicly and intentionally perform acts to insult the national anthem, there is a need to introduce punitive provisions in the Bill with a view to deterring such behaviours.  

     In the course of drafting the Bill, we have listened carefully to the views of various sectors of the community. We consulted the Panel on Constitutional Affairs of the Legislative Council in March last year, and attended two public hearings in April and May respectively during which individuals and organisations were invited to give their views. Besides, we also exchanged views and conducted discussions with different political parties, sector representatives including the education sector, the performing arts and culture sector, as well as representatives and academics of the legal sector.   

     We will submit the Bill to the Legislative Council for First Reading on January 23. We will listen to the views of members of the Legislative Council during the deliberation at the Bills Committee to be set up later.

Photo  



CHP investigates influenza A outbreaks at residential care home for persons with disabilities and primary school

     The Centre for Health Protection (CHP) of the Department of Health is today (January 9) investigating two influenza A outbreaks at a residential care home for persons with disabilities (RCHD) in Tuen Mun and a primary school in Kowloon City, and again reminded the public to maintain strict personal and environmental hygiene against influenza.
 
     The outbreak at the RCHD involves 21 male residents aged 44 to 70 and one female staff member. They have developed fever, cough and sore throat since December 27. All sought medical attention. Among them, 11 required hospitalisation and eight of them were discharged following treatment. All patients are in a stable condition.
 
     The respiratory specimens of eight residents tested positive for influenza A virus upon laboratory testing.

     Separately, the outbreak at the primary school involves eight boys and 12 girls, aged 7 to 10, who have developed fever, cough and sore throat since January 2. All of them sought medical attention but none required hospitalisation. All patients are in a stable condition.

     The respiratory specimen of one affected student tested positive for influenza A virus upon laboratory testing.

     Officers of the CHP have conducted site visits to the RCHD and the primary school and advised them to adopt necessary infection control measures against respiratory infections. They have been put under medical surveillance.
 
     "Hong Kong has entered the 2018-19 winter influenza season. We anticipate that local seasonal influenza activity will continue to rise in the coming weeks and remain at an elevated level for some time. Members of the public should remain vigilant for protection against influenza," a spokesman for the CHP said.

     "Particularly, children, people aged 50 to 64 years, the elderly and those with underlying illnesses who have not yet received influenza vaccination this season are urged to get vaccinated as early as possible to prevent seasonal influenza as it takes about two weeks for antibodies to develop in the body after vaccination. They should promptly seek medical advice if influenza-like symptoms develop so that appropriate treatment can be initiated as early as possible to prevent potential complications. Parents and carers are reminded to render assistance in prevention, care and control for vulnerable people," the spokesman added.

     Besides receiving seasonal influenza vaccination as early as possible for personal protection, the public should maintain good personal and environmental hygiene for protection against influenza and other respiratory illnesses. For more information, please visit the CHP's influenza page and weekly Flu Express.




LCQ18: HKSAR Government attaches great importance to combating trafficking in persons

     Following is a question by the Hon Dennis Kwok and a written reply by the Secretary for Security, Mr John Lee, in the Legislative Council today (January 9):
 
Question:
 
     After reviewing the periodic reports submitted under various international human rights treaties by the Government of the Hong Kong Special Administrative Region (HKSAR) through the Central People's Government, a number of committees under the United Nations (UN) have consistently noted and criticized the insufficient efforts of the HKSAR Government in combating human trafficking, and they have recommended the HKSAR Government to step up its efforts in this respect.  Meanwhile, the Trafficking in Persons Report (TIP Report) published by the Department of State of the United States has found that Hong Kong does not fully meet the minimum standards for the elimination of trafficking in persons, and has placed HKSAR on “Tier 2 Watch List” for three consecutive years since 2016.  The 2018 TIP Report has noted that the HKSAR Government did not demonstrate increasing efforts compared to the previous reporting period.  HKSAR would have been downgraded to Tier 3 automatically had a waiver not been granted to HKSAR due to the HKSAR Government's promulgation of the Action Plan to Tackle Trafficking in Persons and to Enhance Protection of Foreign Domestic Helpers in Hong Kong (Action Plan) which, according to the 2018 TIP Report, if implemented, would constitute significant efforts to meet the minimum standards for the elimination of trafficking in persons.  In this connection, will the Government inform this Council:
 
(1) of the steps it has taken or planned to take to implement each of the recommendations put forth by the following UN committees as set out in the table below:
 
(i) paragraphs 85 and 97 of the concluding observations of the Committee on Economic, Social and Cultural Rights, on the report of People's Republic of China (Including Hong Kong and Macao) submitted under the International Covenant on Economic, Social and Cultural Rights, and adopted by the Committee in 2005;
 
(ii) paragraph 88 of the concluding observations of the Committee on the Rights of the Child, on the report of China (including Hong Kong and Macao Special Administrative Regions) submitted under the Convention on the Rights of the Child, and adopted by the Committee in 2005;
 
(iii) paragraph 20 of the concluding observations of the Human Rights Committee, on the third periodic report of Hong Kong, China, submitted under the International Covenant on Civil and Political Rights by People's Republic of China, and adopted by the Committee in 2013;
 
(iv) paragraphs 45 and 46 of the concluding observations of the Committee on the Rights of the Child, on the combined third and fourth periodic reports of China submitted under the Convention on the Rights of the Child, and adopted by the Committee in 2013;
 
(v) paragraphs 56 and 57 of the concluding observations of the Committee on the Elimination of Discrimination against Women, on the combined seventh and eighth periodic reports of China submitted under the Convention on the Elimination of All Forms of Discrimination against Women, and adopted by the Committee in 2014;
 
(vi) paragraphs 20 and 21 of the concluding observations of the Committee Against Torture, on the fifth periodic report of China with respect to Hong Kong, China submitted under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and adopted by the Committee in 2016; and
 
(vii) paragraphs 48 and 49 of the concluding observations of the Committee on the Elimination of Racial Discrimination, on the combined fourteenth to seventeenth periodic reports of China (including Hong Kong, China and Macao, China) submitted under the International Convention on the Elimination of All Forms of Racial Discrimination, and adopted by the Committee in 2018;

UN committees' recommendations Steps taken/
planned to be taken
(i)  
(ii)  
(iii)  
(iv)  
(v)  
(vi)  
(vii)  

 
(2) of the specific measures in the Action Plan through which the Government implements the recommendations for HKSAR set out in the TIP Reports, and whether the Government has carried out those measures; if not, whether and when it will do so;
 
(3) whether any measures in the Action Plan can be implemented only if additional financial and human resources are provided to the government departments concerned; if so, of the details of the resources needed, and whether the resources have been sought and obtained; if not, when and from whom they will be sought;
 
(4) of the results expected to be achieved by each of the measures in the Action Plan;
 
(5) whether it has set criteria to assess or evaluate the effectiveness of the measures in the Action Plan; if so, of the details, and whether it has made such assessments or evaluations; if so, of the outcome; if not, whether and when it will do so; and
 
(6) whether there are other measures through which it implements the recommendations for HKSAR set out in the TIP Reports; if so, whether it has carried out those measures; if not, whether and when it will do so?
 
Reply:
 
President,
 
     Trafficking in persons (TIP) is a heinous crime which is not tolerated in Hong Kong.  The Hong Kong Special Administrative Region Government (HKSARG) has always spared no effort in combating the crime.  In order to provide high-level policy steer on the overall strategy and measures to tackle TIP and enhance protection of foreign domestic helpers (FDHs), the HKSARG  established in March 2018 a high-level inter-bureau/departmental Steering Committee, which is chaired by the Chief Secretary for Administration, with the Secretary for Security and the Secretary for Labour and Welfare as vice chairmen.  Membership of the Steering Committee includes heads of the Hong Kong Police Force (Police), Immigration Department (ImmD), Customs and Excise Department (C&ED), Labour Department (LD) and Social Welfare Department (SWD), as well as Director of Public Prosecutions of the Department of Justice (DoJ).  At the same time, the Government promulgated the Action Plan to Tackle Trafficking in Persons and to Enhance Protection of Foreign Domestic Helpers in Hong Kong (Action Plan), which outlines a package of multi-faceted measures that are comprehensive, strategic and targeted, covering multiple areas including victim identification, investigation, enforcement, prosecution, victim protection and support, prevention, and partnership with different stakeholders, etc.
 
     Our reply (prepared in consultation with the Labour and Welfare Bureau and other relevant policy bureaux and departments) to the Hon Kwok's question is as follows.
 
(1) There are a total of 15 United Nations (UN) human rights conventions applicable to Hong Kong, among which seven conventions require submission of periodic reports.  The HKSARG prepares reports regularly as required to explain the latest developments in relevant areas in Hong Kong and respond to recommendations made by the relevant UN committees, so that the committees can grasp Hong Kong's actual situation, as well as progress made and challenges faced by Hong Kong in various aspects. 
 
     In the concluding observations quoted in Part (1)(i) to (vii) in the question, the relevant committees' recommendations on combatting TIP mainly cover the following areas.
 
*Enhance victim identification: The HKSARG kept strengthening and improving the relevant mechanism in the past few years.  ImmD first launched a TIP victim screening mechanism in 2015.  The mechanism was then gradually extended to some police districts and some formations of the C&ED in 2016 and 2017.  As set out in the Action Plan, the Police would further extend the victim screening mechanism to cover all 24 police districts and relevant units.  This has already been implemented in July 2018.  At the same time, C&ED has also implemented the screening mechanism department-wide.  Under the mechanism, the Police, ImmD and C&ED officers will conduct screenings on vulnerable persons (for example, illegal immigrants, sex workers, illegal workers, FDHs, imported workers, etc., as well as suspected victims in other cases) who are arrested or who report themselves as victims to the authorities.  LD also plans to implement an initial victim screening mechanism in the second half of 2019 in the branch offices of its Labour Relations Division for early identification of FDHs potentially being exploited or abused when they make employment claims at LD.  For those FDHs who may face greater dangers (e.g. being physically abused), LD will refer their cases to relevant law enforcement agencies (LEAs) for investigation as soon as possible.
 
     As the victim identification mechanism has been gradually extended to various LEAs, the number of persons screened under the mechanism has increased by 87 per cent, from 2 515 in 2016 to 4 710 in 2017.  During the first 11 months of 2018, 6 778 persons were screened under the mechanism, representing another 57 per cent increase compared with the corresponding period in 2017.
 
*Strengthen investigation and prosecution: The HKSARG has continued to strengthen efforts in this area.  As set out in the Action Plan, the Police have already appointed designated teams to handle cases relating to TIP and exploitation of FDHs.  Other relevant departments have also planned to set up designated teams in 2019.  The "Inter-departmental Joint Investigation Team" (JIT), comprising the Police, ImmD, C&ED and LD, continues to meet regularly to discuss latest TIP trends and enforcement measures against TIP crimes, exchange intelligence, and conduct joint investigations.  To further enhance the effectiveness of joint investigations, JIT developed an inter-departmental joint investigation mechanism to deal with relevant cases.
 
     As regards prosecution, a new section on "Human Exploitation Cases" has been incorporated into the Prosecution Code issued by DoJ in 2013 to highlight the identification of such cases and broad principles on their handling, having regard to applicable international standards and practices.  A new chapter on "Human Exploitation" is further added to the Prosecution Manual 2017 for the purpose of providing guidance to prosecutors on TIP issues.
 
*Enhance protection and support to victims: The HKSARG has been providing comprehensive and humanitarian protection, support and assistance to victims of trafficking.  Depending on the circumstances of individual cases, such protection and support provided by the HKSARG may include:

(a) witness protection programme;
(b) shelter, medical services, psychological support, counselling and financial assistance, etc.; 
(c) publicly-funded interpretation during enquiry, investigation and court proceedings (including in the Labour Tribunal);
(d) financial assistance to enable victims residing overseas to return to Hong Kong to testify as witnesses (covering expenses including accommodation, passage, daily subsistence and visa processing fees, etc.); 
(e) request for overseas LEAs to provide assistance to victims and families in their home country;
(f) visa extension and waiver of visa fees for victims who need to stay in Hong Kong to act as prosecution witnesses in legal proceedings instituted by the Police, ImmD or LD;
(g) exceptional approval for FDHs to change employer while in Hong Kong when there is evidence suggesting that they are being exploited or abused by their employers; and
(h) depending on the facts and circumstances of individual cases and subject to pre-conditions being satisfied, when the situation so warrants, DoJ will grant victims immunity from prosecution for crimes committed as a result of being trafficked or exploited.  

*Strengthen training: The HKSARG has all along been providing relevant training to officers of LEAs, LD, SWD and prosecutors of DoJ.  The number of officials receiving such training has been increasing over the years.  During the first 11 months of 2018, over 2 000 officials from the Security Bureau and LEAs, DoJ, LD and SWD, the Hospital Authority and the CEASE Crisis Centre (Note 1) received local or overseas TIP-related training.  Among them, the Hospital Authority and the CEASE Crisis Centre participated in such anti-TIP training for the first time.  Meanwhile, LEAs continued to actively participate in international or regional conferences and workshops to identify the best practice against TIP.  Besides, the HKSARG continues to foster closer partnership with other stakeholders.  Last year, the HKSARG actively participated in TIP-related campaigns organised by civil society and other sectors of the community, including the "Launch of the Handbook on Initial Victim Identification and Assistance for Trafficked Persons" and the "International Conference on Combatting Human Trafficking 2018", etc.
 
*Recommendations regarding enactment of comprehensive legislation prohibiting TIP: We kept explaining to relevant UN committees that the laws in Hong Kong are sufficient.  There are over 50 legal provisions against various TIP conducts, including physical abuse, false imprisonment, criminal intimidation, unlawful custody of personal valuables, child abduction, child pornography and exploitation of children, illegal employment, etc.  Some of these offences attract penalty of up to life imprisonment, forming a comprehensive package of legal provisions against these crimes (a list of these offences is at Annex).  Under our existing legislative framework, LEAs may resort to powers and rely on offences provided in different statutes in the course of their investigation, enforcement and prosecution, so that they can cover all nature of crimes involved, subject to individual case details and evidence.  This flexibility equips LEAs with more tools and tactics to tackle TIP depending on the details of individual cases, rather than relying on a single piece of TIP legislation.  We will continue to brief the society and counterparts on our situation.
 
*Recommendations relating to the Palermo Protocol (Note 2): We kept explaining to relevant UN committees that although the Palermo Protocol does not apply to Hong Kong, our existing legislative framework above covers a wide range of conducts of TIP as defined in the Palermo Protocol.  The unique situation of Hong Kong – a large population in a small area, a very high population density, a liberal visa regime, a vibrant economy, a transportation network well connected with the rest of the world – makes us vulnerable to the ill impacts on our effective immigration control if the Palermo Protocol (especially provisions permitting TIP victims to remain) is fully applied to Hong Kong, leading to various social and security issues, including similar situations as non-refoulement claimants and other illegal immigrants and overstayers being stranded for a long period of time here.  The current situation also reflects that our policies and measures in place are effective and appropriate.  As such, we must strike a balance.
 
*Strengthen protection of FDHs and regulation of employment agencies (EAs): The HKSARG has all along been firmly committed to protecting FDHs' employment rights and benefits and strengthening the support provided to them, and does not tolerate any abuse of FDHs.  LD has been enhancing, through a series of publicity and education work, FDHs' awareness of their rights and benefits and channels for seeking assistance, such as through distributing information packs via non-governmental organisations to FDHs arriving at the Hong Kong airport, staging information kiosks at popular gathering places of FDHs on their rest days, publishing promotional materials, and producing promotional videos, etc.  LD also maintains close collaboration with the governments of FDH-sending countries and their consulates-general in Hong Kong, and regularly participates in the welcoming programmes organised by the consulates of major FDH-sending countries in order to enhance the awareness of newly-arrived FDHs about their statutory rights and benefits as well as the channels for seeking assistance.  In terms of regulation of EAs, the Employment (Amendment) Ordinance 2018 came into effect in February 2018.  It seeks to provide better protection to job seekers (including FDHs) by substantially increasing the penalties on EAs overcharging job seekers or operating without a licence; and widening the scope of the overcharging offence to include (in addition to the licensee) the management as well as persons employed by EAs.  LD will continue to enhance the promotion of employment rights and benefits to FDHs and step up enforcement and prosecution against unscrupulous EAs.
 
(2) and (6) The HKSARG noted the TIP Reports issued by the US Department of State.  In the past few years, the TIP report criticized Hong Kong incorrectly and treated Hong Kong unfairly.  The HKSARG disagrees with the Report's comments and gradings on Hong Kong.  We have already expressed our objection to the US side.  The US Department of State has all along ignored the HKSARG's resolve and efforts in combatting TIP.  It failed in offering any objective or fair comments on the works done by Hong Kong in combatting TIP and protecting FDHs against exploitation.  Recent TIP Reports even contained unsubstantiated allegations and biased criticisms.
 
     As mentioned above, the victim identification mechanism has been gradually extended to various LEAs, and the number of persons screened under the mechanism has increased significantly.  During the first 11 months of 2018, only around 0.2 per cent of those screened (15 persons) were identified as victims.  This reinforces the fact that TIP is not prevalent in Hong Kong.  However, the US Department of State has been interpreting the low victim figure as ineffectiveness of the HKSARG in victim identification.  This analysis was simply illogical. 
 
     The HKSARG has all along been doing what we consider necessary and effective in combatting TIP, but not in response to the grading given by any other country.  Although our continuous efforts in this regard have not received fair comments, the HKSARG will continue, as in the past, to take forward the Action Plan and strive to combat TIP crimes.
 
(3) In order to take forward various measures set out in the Action Plan, necessary resources have already been set aside under the existing mechanism for relevant departments to strengthen the overall strategy and specific measures in combatting TIP, including victim identification, investigation, enforcement, prosecution, victim protection and support, public education and partnership with different stakeholders, etc. 
 
(4) and (5) Since promulgation of the Action Plan, relevant bureaux/departments (B/Ds) have been taking forward the implementation of measures set out in the Action Plan.
 
     Apart from measures in strengthening the protection of FDHs as mentioned in Part (1) above, LD has also set up a dedicated 24-hour hotline to provide support to FDHs.  The hotline began operation on December 19, 2018, providing interpretation service in seven languages (namely Tagalog, Bahasa Indonesia, Thai, Nepali, Hindi, Punjabi and Urdu).  In addition, LD also provides a dedicated email account (fdh@labour.gov.hk) and an online form on its dedicated FDH Portal (www.fdh.labour.gov.hk) to facilitate FDHs to make enquiries about their employment matters in Hong Kong and file complaints.
 
     The HKSARG will also continue to foster closer partnership with other stakeholders, to actively participate in TIP-related campaigns organised by civil society and other sectors of the community and meet with various non-governmental organisations to exchange views on anti-TIP works.  Moreover, we will continue to provide relevant training to officers of LEAs, LD, SWD and prosecutors of DoJ to maintain their awareness and alertness on TIP.
 
     The Steering Committee will regularly review the implementation of the Action Plan and its effectiveness by analysing the relevant statistical data, the operational experience of various B/Ds, as well as feedback from the civil society, etc. to ensure that the strategic measures in place are effective in dealing with the situation in Hong Kong.
 
Note 1: The CEASE Crisis Centre, operated by non-governmental organisation, provides crisis intervention and support services which aims to serve victims of sexual violence and individuals/families encountering domestic violence or other family crises.  The support services include 24-hour hotline service, outreaching service and short-term accommodation service.  The CEASE Crisis Centre is one of the designated crisis intervention and support services centre for handling TIP victim cases and such services are fully funded by the SWD.
 
Note 2: That's the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the United Nations Convention against Transnational Organised Crime.
 




LCQ16: Measures to assist persons with disabilities in securing employment

     Following is a question by the Hon Shiu Ka-chun and a written reply by the Secretary for Labour and Welfare, Dr Law Chi-kwong, in the Legislative Council today (January 9):
 
Question:
 
     The results of a number of studies conducted in recent years have shown that the underemployment situation of persons with disabilities (PWDs) has not improved over the years, and that PWDs often can only secure low-skilled jobs even if they are university degree holders.  Regarding the various measures implemented by the Government to assist PWDs in securing employment, will the Government inform this Council:

(1) of the number of participants of the On the Job Training Programme for People with Disabilities in each of the past five years (with a breakdown by the age group to which the participants belonged, their type of disability, as well as the service operator providing training and counselling services), and among such participants, the respective numbers of those who participated in the Programme through referral and who successfully secured employment; the average number of months of post-placement service received by the participants who successfully secured employment;

(2) of the number of participants of the Sunnyway – On the Job Training Programme for Young People with Disabilities in each of the past five years (with a breakdown by the age group to which the participants belonged, type of mental illness they suffered, as well as the service operator providing employment training services), and among such participants, the respective numbers of those who participated in the Programme through referral and who successfully secured employment; the average number of months of post-placement service received by the participants who successfully secured employment;

(3) of the number of organisations participating in the Work Orientation and Placement Scheme and the number of PWDs who secured employment under the Scheme in the past five years (with a breakdown by type of disability of the employees), and their average employment period;

(4) of the number of applications received under the Support Programme for Employees with Disabilities, and a breakdown by uses of the amount of subsidy granted, as well as (i) the average subsidy amount of and (ii) the average processing time taken for each approved application, in the past five years;

(5) of the respective numbers of (i) existing and (ii) newly recruited government employees with disabilities, as well as their percentages in the total number of government employees, in each of the past five years, with a breakdown by recruiting government department, type of disability of the employees and whether their disabilities were caused by work injuries;

(6) whether it knows the number of PWDs employed in the past five years by organisations participating in the Talent-Wise Employment Charter (Charter), and a breakdown of such number by employment period, as well as breakdowns by name of organisation, whether the organisation was a public or private one and type of disability of such employees; and

(7) given that the Government has in the past resolved to enact the Minimum Wage Ordinance (Cap. 608) on the basis that the Wage Protection Movement was ineffective, and that currently there are comments alleging that the Charter is ineffective, whether the Government will establish a mandatory quota system for employing PWDs in place of the non-binding Charter; if so, of the details; if not, the reasons for that?

Reply:
 
President,
 
     Having consulted the relevant bureaux and departments, I provide a consolidated reply to the Hon Shiu Ka-chun's question as follows:
 
(1) The number of participants of the On the Job Training Programme for People with Disabilities (OJT) and the number of participants who successfully secured employment after training in each of the past five years are set out in Table 1 in the Annex. The Social Welfare Department (SWD) does not have information from individual organisations on the age of participants, the type of disability involved, the operators providing the services, or the average number of months of post-placement service provided for OJT participants.

(2) The number of participants of the Sunnyway – On the Job Training Programme for Young People with Disabilities (Sunnyway) and the number of participants who successfully secured employment in each of the past five years are set out in Table 2 in the Annex. The SWD does not have information from individual organisations on the age of participants, the type of mental illness involved, the operators providing the services, or the average number of months of post-placement service provided for Sunnyway participants.

(3) The Labour Department (LD) implements the Work Orientation and Placement Scheme (WOPS) to encourage employers to hire job seekers with disabilities and provide them with coaching and support through the provision of an allowance. There were 396, 364, 383, 376 and 391 organisations participating in the WOPS and employing persons with disabilities in the past five years respectively. During the same period, the LD recorded 661, 805, 811, 816 and 802 placements under the WOPS respectively. Breakdowns of WOPS placements by type of disability suffered by job seekers and employment period are set out in Table 3 and Table 4 in the Annex.

(4) The Support Programme for Employees with Disabilities was launched in June 2013. The number of applications received and the total amount of funding granted in each of the past five years are set out in Table 5 in the Annex. In the past five years, 91.3 per cent of the approved applications were for purchase of assistive devices, 7 per cent for workplace modification while 1.7 per cent involved both purchase of assistive devices and workplace modification. Normally, the applicant and referring organisations will be informed of the result of application in writing within three months after the application deadline.

(5) There is no requirement for applicants for government jobs and serving officers to declare their disabilities, if any. The situation of persons with disabilities employed in the civil service is known to the Civil Service Bureau on the basis of information available to bureaux/departments (e.g. through requests of applicants during the recruitment process for special arrangements for selection interview/test having regard to their disabilities, or applications from serving officers with disabilities for financial assistance to purchase technical aids to assist in their performance of duties). According to the relevant information, the number of civil servants who declared their disabilities to the Government and the number of new recruits who declared their disabilities to the Government during the recruitment process, as well as their percentages in the strength of the civil service in each of the past five years, broken down by type of disability (Note) and bureau/department, are set out in Table 6 to Table 9 in the Annex. The Government does not collect statistics on civil servants who became disabled due to injury on duty.

(6) The Talent-Wise Employment Charter and Inclusive Organisations Recognition Scheme is a publicity and public education programme aiming to encourage through awards the business sector, public bodies, subvented organisations and non-governmental organisations (NGOs) as well as government departments to adopt various measures to promote internship and employment opportunities for persons with disabilities. These measures include not only directly employing persons with disabilities by employer organisations, but also using products or services provided by rehabilitation social enterprises, and setting aside shops or stalls for social enterprises or self-employed persons with disabilities to run business or sell their products. As at December 2018, 247 public and government-subvented organisations and 363 private organisations participated in the scheme. Given the nature of the scheme, the Labour Welfare Bureau does not require the participating organisations to provide information on the number of persons with disabilities employed by them.

(7) The Government's policy objectives are to provide skill training and support services for persons with disabilities to enable them to take up productive and gainful employment in the open market on the basis of their abilities rather than disabilities; provide assistance for employers; and strive to promote an inclusive society. Establishing a mandatory employment quota system for persons with disabilities to require enterprises to employ a certain number or percentage of persons with disabilities may create a negative labelling effect on these persons, which is not conducive to their integration into the community. At present, the Government has no plan to introduce such a system for persons with disabilities. The Government will continue to implement various measures to promote employment of persons with disabilities, including providing vocational rehabilitation and training services for them, providing job matching services in the open market for them, offering financial incentives to encourage employers to hire them, enhancing their abilities, strengthening the support for them, and promoting an inclusive culture. The Government also offers grants for NGOs to set up social enterprises with a view to creating more employment and on-the-job training opportunities for persons with disabilities.

Note: Excluding persons with colour blindness or defective colour perception.