Uniform statutory holidays︱The establishment of a system to promote the victory of the War of Resistance against Japan Liang Junyan refused to approve the amendment

Political situation

Written by: Wu Zhuoan

2021-07-05 18:32

Last update date: 2021-07-05 18:35

The Legislative Council will resume the second and third readings of the Employment (Amendment) Bill 2021 on Wednesday (7th). Once the bill is passed, it will gradually increase the number of statutory holidays to 17 days, in line with the number of public holidays.

Six establishment members proposed a total of 52 amendments. In the end, the Chairman of the Legislative Council, Leung Junyan, approved only 4 groups of 12 amendments.

Labour councillor Pan Zhaoping proposed an amendment, suggesting that the "Remembrance of the Victory of the Chinese People's War of Resistance Against Japanese Aggression" should be listed as a statutory holiday.

Liang Junyan refused to approve the amendment, believing that the amendment would change the subject of the bill.

Hundreds of people attended the 73rd anniversary of the victory of the Anti-Japanese War, and the honor guards of the disciplined forces laid wreaths to the victims.

(Photo by Luo Junhao)

Labour Department says Poon Siu-ping amended digression

Six establishment members proposed 12 groups of 52 amendments, of which 10 groups were related to "changes to the increase in the pace of new statutory holidays on the 5th day set in the Bill."

In addition, Pan Zhaoping proposed an amendment to call for the "Chinese People's Anti-Japanese War Victory Day" as an additional statutory holiday in addition to the five additional statutory holidays recommended in the draft bill.

The Commissioner for Labour, Leung Lok-man, wrote to the Legislative Council, stating that if the relevant amendments are passed, the number of statutory holidays under the Employment Ordinance will be increased from the current 12 days to 18 days, and the number of days will be more than general holidays.

Not only does it fail to align the number of statutory holidays and public holidays, but makes the difference between the two. This directly violates the original intent and purpose of the bill. Therefore, the relevant amendments deviate from the subject of the bill and cannot be proposed.

Liang Junyan refused to approve the relevant amendments, believing that any proposal aimed at setting other days as statutory holidays is obviously beyond the scope of the bill. The amendment would change the subject of the bill, so he refused to approve the group of amendments.

Pan Zhaoping (Profile Picture 3

Refers to Zhong Guobin's amendment or violation of the Basic Law

Zhong Guobin, the leader of the Liberal Party, proposed an amendment to eliminate the right to an additional five-day statutory holiday for live-in domestic helpers.

Liang Lewen pointed out that the exemption bill for live-in domestic helpers is obviously a retrogression and goes against the original intent of the bill. If Zhong Guobin's proposed amendment is passed, foreign domestic helpers (as live-in domestic helpers) will receive poorer treatment, and the relevant arrangements may be possible. It does not comply with the principle of equality under the Basic Law and the Hong Kong Bill of Rights. It is believed that any proposed amendment that attempts to narrow a certain group of people as the category of beneficiary "employees" will change the basic principles of the bill and follow the proceedings. Rule 57(4)(a) deviates from the subject of the Bill and cannot be proposed.

Liang Junyan judged that the amendments were beyond the scope of the bill and that according to Article 57(4)(a) of the Rules of Procedure, the group of amendments could not be proposed.

A total of 12 amendments proposed by Zhong Guobin, Huang Guojian and Guo Weiqiang of the Federation of Trade Unions were approved, mainly to modify the pace of new statutory holidays.

The Bill will amend section 39(1) of the Employment Ordinance. From 2022 to 2030, gradually add 5 days of public holidays that are not currently statutory holidays to the list of statutory holidays, including the Buddha’s birthday and the post-Christmas period. One Sunday, Easter Monday, Good Friday, and the day following Good Friday.

Zhong Guobin, the leader of the Liberal Party, proposed an amendment to eliminate the right to an additional five-day statutory holiday for live-in domestic helpers.

(Photo by Liang Pengwei)

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