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Cabbies face two-way street on strike threat

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Cabbies face two-way street on strike threat

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Item 1: Cabbies face two-way street on strike threat

The Standard 14/2/2025

Summary:

Criticizing the government for permitting illegal taxi-hailing platforms to operate, the Hong Kong Tele-call Taxi Association demanded a clear timeline for legislative action to govern these activities within a week. A five-day citywide strike starting March 5 is threatened for government’s inactivity.

Commentary:

Hong Kong's existing laws have struggled to keep pace with technological advancements, leaving gaps that unlicensed services exploit. This has created an uneven playing field, where licensed taxi drivers feel threatened by competition that operates outside the law, while illegal private service providers find room to survive.

The number of taxi licenses in Hong Kong has long been limited to 18,000, total 18,163 now according to the Transport Department, which fails to meet the needs of residents and tourists. Under Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) s14(2), private cars must hold a "Private Service Hire Car Permit" to become legal ride-hailing vehicles. However, the current cap on related licences is only 1,500, which is highly lacking.

The imbalance between market's supply and demand leads to poor taxi service quality. To meet societal requirements, one solution is to loosen regulations and allow more private automobiles to lawfully operate ride-hailing services with a licence.

Ultimately, increasing number of taxi licenses and legalise taxi-hailing platforms could enhance taxi service quality, increase taxi service provision, attract tourists, and ensuring that all operators adhere to the same standards. The challenge lies in balancing innovation with consumer protection and the economic viability of traditional taxi services.

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Cabbies face two-way street on strike threat

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Ayra Wang
Taxi drivers are divided over the threatened strike to protest unlicensed ride-hailing services as the Taxi Drivers and Operators Association has rejected supporting the action, according to…

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Industrial Accidents Surge in Hong Kong Despite Stricter Penalties

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Industrial Accidents Surge in Hong Kong Despite Stricter Penalties

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Item 2: 獨家報道：職安死局 罰唔入肉 工友家屬難破地獄

Oriental Daily 16/2/2025

(Translation: "Industrial Accidents Surge in Hong Kong Despite Stricter Penalties"

Summary:

Industrial accidents are increasing, with over 200 fatal incidents and around 8,000 accidents annually. Despite the government's revision of the Occupational Safety and Health Ordinance (Cap. 509) to allow for significantly higher fines up to HKD 10 million, the average penalties remain low at HKD 8,311, from the previous average of HKD 7,942. There are calls for extending prosecution periods to improve evidence gathering.

Commentary:

Intent behind the 2023 Ordinance revision was to impose higher fines—up to HKD 10 million—for severe offenses (OSHO s. 6(3b)) to deter employers' negligence. However, the low average penalties shows disconnect between legislative intent and actual enforcement. The difficulty of translating punitive measures into real-world deterrents is reflected.

Calls for extending prosecution periods reflects need for robust enforcement mechanisms. Effective law enforcement requires not only clear legal standards but also the capacity to investigate and prosecute violations thoroughly. If the legal system cannot adequately gather evidence or if time constraints hinder this process, offenders may escape accountability, undermining the law's deterrent effect.

The construction sector's particular vulnerability to accidents as it often faces unique hazards, and it might not be addressed solely through increased fines. A more comprehensive approach is needed, like one that includes rigorous safety training, regular inspections, and proactive engagement with workers and unions to foster a culture of safety.

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獨家報道：職安死局 罰唔入肉 工友家屬難破地獄

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工業意外堵不絕，人命事故罰得輕。過去6年，本港每年平均發生逾200宗職業傷亡致命個案、工業意外更多達約8,000宗，政府雖在2023年4月通過修訂職安健條例，罰款最高可達1,000萬元，但新例落實至今卻淪為「無牙老虎」！本報發現，修例後有逾3,500宗工業意外遭到檢控，但平均罰款只有約8,311元，對比條例通過前3年的同類個案平均罰款7,942元，僅提升369元、即約4.6%，有議員明言，修例前後的罰款僅如「通脹般加少少」，全無阻嚇力，建議把檢控時限延長至一年，助當局搜證；有工會質疑懲罰未能反映事件嚴重性，促政府低判罰個案上訴，可惜當局一次又一次「放生」，令工人及家屬心冷。而修例後工業意外不但沒下跌，反而繼續上升。

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Minimum Wage Raised to HKD 42.1, effective May 1 After Legislative Council’s Approval

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Minimum Wage Raised to HKD 42.1, effective May 1 After Legislative Council’s Approval

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Item 3: 最低工資調升至42.1元　立會通過後5月1日生效

On.cc 18/2/2025

(Translation: "Minimum Wage Raised to HKD 42.1, effective May 1 After Legislative Council’s Approval")

Summary:

The government had accepted the recommendation of the Minimum Wage Commission to raise the statutory minimum wage (“SMW”)  from HKD 40 to HKD 42.1 per hour, which is a 5.25% increase. This is the first increase after a new formula for adjusting the rate was passed last year, considering various economic factors. Subject to Legco’s approval, the revised rate will come into effect on May 1.

Commentary:

The Labour Department's Minimum Wage Commission established Hong Kong's SMW, which is outlined in the Minimum Wage Ordinance (Cap. 608) and aims to safeguard low-wage workers while maintaining Hong Kong's competitiveness internationally. Employers who, without sufficient reason, fail to pay wages on time risk fines up to HKD 350,000 and three years of imprisonment. (s. 63C Employment Ordinance (Cap. 57)).

Higher wages may encourage more individuals to enter the workforce, particularly those previously discouraged by low pay, increase disposable income and consumption, and stimulate economic growth. Lowest-paying jobs like cleaner, postal worker, tailor etc. can be benefited most from the revision.

However, the overall impact depends on various factors, including how businesses respond to the wage hike. Small businesses may face challenges managing increased labour costs, which could affect employment levels. Additionally, while the average salary for part-time workers is HKD 56 per hour, the effect may be insignificant. Some may argue that SMW is still too low, and the wage growth is still lagging behind inflation. If inflation rises because of the wage increase, the benefits might be partially offset. Therefore, monitoring and revising SMW yearly concerning the new formula is important to reflect societal changes.

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最低工資調升至42.1元　立會通過後5月1日生效

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行會今日(18日)已接納最低工資委員會建議，將法定最低工資水平由現行每小時40港元調升至42.1港元，增幅5.25%。政

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Rare pay freeze for govt three pillars initiated by John Lee to unite sectors tide over deficit blowout: sources

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Rare pay freeze for govt three pillars initiated by John Lee to unite sectors tide over deficit blowout: sources

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Item 4: Rare pay freeze for govt three pillars initiated by John Lee to unite sectors tide over deficit blowout: sources

The Standard 26/2/2025

Summary:

Chief Executive John Lee Ka-chiu has initiated a rare year-long pay freeze affecting the executive authorities, legislature, judiciary, and District Council members in response to a significant fiscal deficit during the 2025 Budget Speech.

Commentary:

This pay freeze sets a precedent for future governmental fiscal policies. However, it also opens the door to questions about the limits of executive power in managing public sector remuneration and the balance between fiscal responsibility and fair compensation for public servants. For civil servants, the Civil Service Regulations and the Pay Scales established under these regulations provide a framework within which salary adjustments can be made. The government may have the authority to freeze salaries in response to economic conditions.

The 2001 report on Review of Pay Policy and System emphasizes that salaries should be deemed fair and reasonable by civil servants and the public. Given the current fiscal realities, the government may have a legal obligation to revisit the remuneration framework to align with public expectations. The Hong Kong Research Association recently released a poll showing that 77% of respondents supported a pay freeze or pay cut for civil servants. The government may further consider pay cut.

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Rare pay freeze for govt three pillars initiated by John Lee to unite sectors tide over deficit blowout: sources

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A rare move to implement a year-long pay freeze for the executive authorities, the legislature, the judiciary as well as members of the District Councils have raised some eyebrows, with sources noting…

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Addressing Labor Shortages: Hong Kong Legislators Propose Increasing Foreign Worker Quotas and Increase Female Workers in Construction

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Addressing Labor Shortages: Hong Kong Legislators Propose Increasing Foreign Worker Quotas and Increase Female Workers in Construction

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Item 5: 參考工資中位數聘外勞 似做水魚應檢討

On.cc 25/2/2025

(Translation: "Addressing Labor Shortages: Hong Kong Legislators Propose Increasing Foreign Worker Quotas and Increase Female Workers in Construction")

Summary:

The Hong Kong Government expected a labor shortage in the construction industry from 2023 to 2027, along with an aging workforce. Legislators pointed out that current quotas for foreign labour are not fully utilized and suggested hiring more female workers in the construction industry.

Commentary:

Instead of importing foreign labour at very high rates, the government should consider developing more training programs for domestic workers and cultivating local construction talents to fill the labour supply. Keeping goodies in the field, enhancing local labour’s skill level, increasing the employment rate, and stimulating Hong Kong’s economic development.

Although the construction industry is deemed to be a male-dominated sector because of its working nature and environment, female workers can still handle positions like electricians, painters, joineries, etc. Subsidies can be provided to companies to encourage them to hire more females.

To attract female workers, employers should ensure that workers are afforded equal opportunities and that workplaces are equipped with necessary facilities, such as female-only toilets, to accommodate their needs. Moreover, employers should ensure all workplace participants can work in a safe and sexually hostile-free environment according to the Sex Discrimination Ordinance (Cap. 480). If this could be done, gender equality in employment could be enhanced.

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參考工資中位數聘外勞 似做水魚應檢討

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【本報訊】政府指現時本港建造業人力預測在2023至2027年出現顯著短缺，而且出現技術工人老齡化問題，未來數年人數需求仍然殷切。有議員指輸入外勞名額未用盡，參考工資中位數有「做了水魚的感覺」，建議可按照市價聘請外勞，當中差價用作成立基金培訓本地人才。

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Proposed Amendments to Trade Unions Ordinance Raise Concerns Over National Security and Labour Rights

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Proposed Amendments to Trade Unions Ordinance Raise Concerns Over National Security and Labour Rights

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Item 6: 工會出席國際會議 當局：不屬聯結境外組織

On.cc 25/2/2025

(Translation: "Proposed Amendments to Trade Unions Ordinance Raise Concerns Over National Security and Labour Rights")

Summary:

The Hong Kong government is proposing amendments to the Trade Unions Ordinance (Cap. 332) to (1) bar individuals convicted of national security offenses from holding positions in trade unions or initiating new registrations, (2) regulate trade unions can only accept foreign funds after approval from the Registry of Trade Unions.

Commentary:

This proposal reflects a growing trend toward prioritizing national security over individual rights. While the intent is to prevent potential misuse of trade unions for activities unrelated to labour rights, such restrictions raise concerns about the government’s infringement on freedom of association andfreedom to form and join trade unions, which are protected under local (Basic Law Article 27) and international human rights frameworks (Universal Declaration of Human Rights Article 20, International Covenant on Civil and Political Rights Article 22, International Labour Organization Conventions No. 87 and 98).

The government asserts that participation in international conferences does not equate to forming connections with foreign organizations. However, the vagueness of terms like "participation" and "connection" could lead to arbitrary interpretations that inhibit unions from participating in legitimate international dialogues, posing risks for legitimate unions to find themselves unjustly classified as political entities, thereby losing access to rights and resources. The requirement for prior approval to accept foreign funding may also deter unions from seeking necessary resources for their operations and limit their ability to engage globally.

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工會出席國際會議 當局：不屬聯結境外組織

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【本報訊】為堵塞漏洞，政府建議修訂《職工會條例》，包括干犯危害國家安全罪行的人不得任職職員或作為申請新登記發起人，有議員關注本港工會日後與海外正常交流會否受影響，當局指工會出席國際會議不等同與境外組織聯結，不認為修例會影響國際交流。

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Workplace Sexual Harassment Out of Control: 60% of Women Do Not Seek Help

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Workplace Sexual Harassment Out of Control: 60% of Women Do Not Seek Help

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Item 7: 職場性騷擾過火 6成女性無求助

Oriental Daily 3/3/2025

(Translation: “Workplace Sexual Harassment Out of Control: 60% of Women Do Not Seek Help”)

Summary:

A recent survey conducted by the Equal Opportunities Commission (“EOC”) revealed that over 30% of female employees experienced harassment in the past three years, including physical contact, texts, and verbal harassment. 60% of victims chose not to seek help, and even if they seek help, most are reluctant to publicize it. Only 45.2% of companies reported having a ‘harassment policy’.

Commentary:

Under the Sex Discrimination Ordinance (Cap. 480), employers should ensure all workplace participants can work in a safe and sexually hostile-free environment, sexual harassment in workplaces is unlawful (s. 23A(1)), in which many organizations failed.

Currently, individuals experiencing sexual harassment in Hong Kong can complain to the EOC, initiate civil action in District Courts, and report criminal cases to the police. This whistle-blowing system has several shortcomings, including employee’s lack of awareness about reporting channels, inadequate protections for whistle-blowers, and insufficient organizational reporting mechanisms. Many companies do not provide proper training on addressing sexual harassment, contributing to a culture of silence. Additionally, there is ineffective follow-up on complaints, leading to perceptions that issues are inadequately addressed.

To enhance the system, it is essential to educate employees about their rights and reporting options, strengthen legal protections for whistle-blowers, establish clear harassment policies, and require mandatory training on prevention. Legal enforcement should ensure that complaints are addressed adequately.

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職場性騷擾過火 6成女性無求助

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職場性騷擾的問題愈趨嚴重。有調查結果發現逾30%受訪女性僱員在過去3年曾受職場性騷擾，涉及的情況包括言語、文字及電子訊息，亦有涉及身體接觸及性的非言語暗示，但有60%事主沒有求助，同時發現僅9.6%的受訪企業和25.7%的受訪女性員工表示曾接受過預防職場性騷擾相關培訓，且不到一半的受訪企業和女性員工表示公司有制訂「職場性騷擾」相關政策。議員葛珮帆及相關團體呼籲社會更加關注女性在職場遭遇性騷擾的問題，並敦促所有企業盡快制訂「性騷擾指引聲明」。

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Workers Rescued from Swaying Gondola Amid Hong Kong Storm Chaos; Safety Failures Concerned

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Workers Rescued from Swaying Gondola Amid Hong Kong Storm Chaos; Safety Failures Concerned

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Item 8: 狂風起勁吊船空中猛揈 工人身陷險境

Oriental Daily 16/3/2025

(Translation: “Workers Rescued from Swaying Gondola Amid Hong Kong Storm Chaos; Safety Failures Concerned”)

Summary:

During severe thunderstorms and an Amber Rainstorm Warning, a suspended gondola at Tin Shui Wai was violently tossed by high winds, trapping workers in mid-air until firefighters rescued them.

Commentary:

Under s. 6(1) of the Occupational Safety and Health Ordinance (Cap. 509) and s. 6A(1) of the Factories and Industrial Undertakings Ordinance (Cap. 59), employers and contractors are legally obligated to ensure a safe working environment and protect employees from foreseeable risks, including suspending high-risk operations during weather warnings. The apparent negligence of site management in allowing workers to operate the suspended gondola, despite existing weather warnings, constitutes a breach of the duty of care owed to employees. An employer who fails to comply with the above can be fined for HK$3,000,000 on summary conviction and HK$10,000,000 on conviction on indictment. If he does so intentionally, knowingly or recklessly, he can be imprisoned for 6 months or 2 years respectively (OSHO s. 6(3), 6(4) and FIUO s. 6A(3), 6A(4)).

Additionally, non-compliance with the Construction Sites (Safety) Regulations (Cap. 59I), may trigger civil liability for injuries, risk assessments, and further investigations are needed.

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狂風起勁吊船空中猛揈 工人身陷險境

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本港3月天氣變幻莫測，與冷鋒相關東北季候風昨日逐漸移近本港，天文台昨日午間先後發出強雷雨來襲、可能有冰雹的預測，下午3時更發出今年首個黃色暴雨警告信號，期間多區狂風雷暴大作，天水圍更成重災區，天水圍天瑞邨瑞龍樓外牆有吊船被強風吹得左搖右擺，失控晃盪，消防接報後穩定吊船，工人平安獲救。同區一間體育館則在大雨下化身「水舞間」，天花漏水。有工會怒轟地盤管理人員失職，在天文台已發出惡劣天氣警告時仍不作應變，罔顧工人安危，認為政府及相關持份者需深入調查，業界亦檢討，防止類似事件再發生。

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Wage Dispute Erupts at Hong Kong-Zhuhai-Macao Bridge Parking Lot; Workers Claim $7 Million in Unpaid Wages

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Wage Dispute Erupts at Hong Kong-Zhuhai-Macao Bridge Parking Lot; Workers Claim $7 Million in Unpaid Wages

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Item 9: 大橋停車場再爆工潮 百人遭欠薪700萬

Oriental Daily 15/3/2025

(Translation: “Wage Dispute Erupts at Hong Kong-Zhuhai-Macao Bridge Parking Lot; Workers Claim $7 Million in Unpaid Wages”)

Summary:

Approximately 100 workers reported being owed wages for 3 to 4 months, over HKD 7 million. This problem may be caused by the liquidation of the main contractor and opaque payroll amounts, the "big-and-small-pay" practice (大細糧).

Commentary:

Under the Employment Ordinance (Cap.57, s.23, s.25), employers must pay wages within 7 days of the due date, who wilfully and without reasonable excuse fail to pay are liable to a fine of $350,000 and imprisonment for 3 years (s.63C). Even if contractors enter liquidation, liabilities may extend to successor contractors. Workers’ unpaid wages are prioritized as preferential debts, granting them higher claim priority over unsecured creditors. Workers can seek compensation through the Protection of Wages on Insolvency Fund Board or civil claims via the Labour Tribunal.

The "big-and-small-pay" practice (大細糧), in which sub-contractors require workers to sign contracts that underreport wages, principal contractors pay wages partly ("small pay"), while sub-contractors pay the remaining balance ("big pay"). This structure violates workers’ rights, as sub-contractors often delay or default payments, leaving principal contractors to pay only the falsified lower amount. To eradicate it, employment contracts must be rigorously scrutinized.

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大橋停車場再爆工潮 百人遭欠薪700萬

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【本報訊】再有建造工人遭拖欠薪金。香港國際機場港珠澳大橋香港口岸智慧停車場一個地盤再爆發工潮，本周四（13日）早上有數十名工人到現場追討，要求承辦商盡快出糧，涉額逾700萬元。有部分工人前往勞工處求助。勞工處稱已登記求助工人的資料，並已即時聯繫總承判商及僱主，協商解決欠薪事宜。如有工人被拖欠工資及其他僱傭權益，應盡快向勞工處提供資料，會提供適切協助。工會最新指，據悉該項目有新大判與工人傾談，應達成了某些協議，但追討的金額仍有爭議。

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40% of Hong Kong Food Delivery Gig Workers Demand Equal Injury Compensation System as Employees; Labour Department Eyes Reforms

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40% of Hong Kong Food Delivery Gig Workers Demand Equal Injury Compensation System as Employees; Labour Department Eyes Reforms

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Item 10: 近40%外賣平台工作者 盼工傷保障與僱員睇齊

Oriental Daily 19/3/2025

(Translation: “40% of Hong Kong Food Delivery Gig Workers Demand Equal Injury Compensation System as Employees; Labour Department Eyes Reforms”)

Summary:

A recent survey commissioned by the Labour Department reveals that approximately 40% of Hong Kong’s 12,900 food delivery platform workers desire legal protections equivalent to those provided to traditional employees, specifically regarding work injury compensation.

Commentary:

Under the Employees’ Compensation Ordinance (Cap.282 s.2), statutory injury benefits apply only to employees under traditional contracts, excluding gig workers classified as self-employed. Common food delivery platforms, such as Deliveroo, and Foodpanda, require deliverymen to sign an “Independent Contractor (Self-employed) Agreement” before working, stating that workers are not employees. Traditional employees receive injury compensation according to the ECO with no upper limit on the total amount. However, deliverymen can only file claims through accident insurance, with an upper limit. ECO also provides more extensive compensation than accident insurance, including compensation for permanent total incapacity (s.7), and medical expenses (s.10A).

As the gig economy expands, jurisdictions must reconsider existing laws to protect workers, ensure fair treatment, and promote a safer working environment. Potential reforms could include legislative amendments to extend coverage or mandate platform-funded insurance schemes. However, comprehensive legislative overhauls could be time-consuming, or they may face opposition from gig economy platforms.

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近40%外賣平台工作者 盼工傷保障與僱員睇齊

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【本報訊】一直以來為外賣平台工作的「車手」、「步兵」都保障不足，勞工處正研究如何加強保障他們。根據立法會文件顯示，現時全港約有1.29萬人從事外賣平台的工作，當中有37.1%人在平台賺取的每月收入為1.5萬元或以上。勞工處亦委託承辦商向外賣平台工作者進行意見調查，有近40%人希望立法令外賣平台工作者享有現時法例賦予僱員的工傷補償。

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Mentally ill workers hesitant to request sick leave as psychiatrist calls to reduce discrimination

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Mentally ill workers hesitant to request sick leave as psychiatrist calls to reduce discrimination

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Item 11: Mentally ill workers hesitant to request sick leave as psychiatrist calls to reduce discrimination

The Standard 26/3/2025

Summary:

Psychiatrist emphasized that many employees with mental health conditions avoid requesting sick leave due to fear of workplace discrimination, exacerbated by stigma and misconceptions. Post-pandemic economic strains and workplace stressors, such as heavy workloads, long hours, and office conflicts drive rising mental health concerns.

Commentary:

Research from AXA finds that 77% of employees have experienced at least one mental health issue stemming from their jobs. Currently, the Disability Discrimination Ordinance (Cap.487) protects workers with mental illnesses (s.2a, disability includes total or partial loss of the person’s mental functions). While the law mandates reasonable accommodations and prohibits bias, cultural stigma and fear of retaliation deter employees from seeking help or disclosing conditions, weakening legal safeguards. Employers’ failure to foster stigma-free environments may contravene their duty of care under occupational safety laws. Additionally, the government’s under-resourcing of mental health services risks violating international obligations under the Convention on the Rights of Persons with Disabilities. Legal reforms should prioritize anti-stigma campaigns, stricter enforcement of workplace protections, and increased funding for mental health infrastructure to align policy with societal needs. The call for enhanced public education and resources is crucial not only for individual well-being but also for promoting a healthier, more productive workforce, ultimately benefiting both employees and employers.

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Mentally ill workers hesitant to request sick leave as psychiatrist calls to reduce discrimination

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Many employees with mental health issues fear being labeled and are hesitant to request sick leave certificates, psychiatrist Yip Pui-lam said as he urged promoting public education to reduce discrimi…