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Martin Wong

Lawmakers yesterday blocked five proposed amendments to the minimum wage bill tabled by fellow members, after the Legislative Council passed the second reading of the main bill with an overwhelming majority. 
They also decided that the new law would not cover foreign domestic workers, who are currently subject to a separate statutory minimum wage, and that employees' travelling time would be counted as working hours if they commuted to workplaces where they did not usually go.
The second reading was passed by 53 votes to one. The only lawmaker opposing it was independent Paul Tse Wai-chun, who represents the tourism sector.
After 20 hours of debate, which started on Wednesday, legislators have decided on nine amendments and still have 26 to go.  
Secretary for Labour and Welfare Matthew Cheung Kin-chung said: 'The legislation of a minimum wage bill ... signifies a new thinking for the administration over its governing. 
'It is a big breakthrough in the improvement of labour rights and a landmark in the protection of grass-roots workers.'
Despite voting for the bill, some lawmakers with commercial backgrounds voiced concern over the negative impact on businesses. 
Commercial-sector legislator Philip Wong Yu-hong said that with the new labour law introduced on the mainland in 2008, the operating costs of many factories in the Pearl River Delta had shot up. 
'In a bid to cut costs, I was also forced to sack 400 to 500 workers. If there are massive layoffs in Hong Kong later, I hope people understand that the blame should be placed on the government, not the business sector,' he said 
Tse said he was upset to see that no one in the Legislative Council spoke up to defend the free economy.
'I am sympathetic with low-income earners, but setting a statutory minimum wage is not the solution. It cannot help the needy. Those who already have stable jobs can enjoy pay rises, but marginal workers will lose their jobs,' he said. 
'The poorest among the poor will be even poorer.'
Lawmakers passed four amendments tabled by the government, allowing certain types of commuting time to be included in the calculation of working hours, and excluding apprentices and student interns from the minimum wage law. 
All amendments moved by legislators, including the proposal by Confederation of Trade Unions secretary general Lee Cheuk-yan  to include the city's 223,000 domestic workers in the bill, were vetoed. 
Lawmakers across the political spectrum said the job nature of domestic workers was unique, a view shared by Cheung. 
'Their disposable income is in fact higher than some of our local workers,' the labour chief said, noting non-monetary remuneration such as accommodation, meals, medical expenses and air tickets provided to domestic helpers. 
Exclusion of them from the bill had nothing to do with racial discrimination, the minister said. 
Other amendments were blocked by functional constituency lawmakers under the two-tier voting system, including one moved by the medical sector's Dr Leung Ka-lau,  which demanded that stand-by hours be included in the calculation of working hours.
Lawmakers are expected to vote today on two amendments to decide whether the minimum wage level should be reviewed every year or once in two years.
What got in
Key amendments 
Include standby hours in the calculation of working hours 
Include travel time for employees sent to other offices 
Cover domestic helpers 
Retain the Trade Boards Ordinance to allow the chief executive to determine trade-specific minimum wage 
Review minimum wage yearly*
Grant Legco power to amend wage recommended by minimum wage commission* 
Consider labour union nominees for appointment to wage commission* 
Make employers subject to Disability Discrimination Ordinance if they dismiss disabled workers* 
* To be voted on today



Minimum wage amendments fail; law won't cover foreign helpers