Cap 608 - MINIMUM WAGE ORDINANCE 1

Chapter: 608 MINIMUM WAGE ORDINANCE Gazette Number Version Date

Long title L.N. 146 of 2010 12/11/2010


An Ordinance to provide for a minimum wage at an hourly rate for certain employees; to establish a Minimum Wage
Commission and to make consequential amendments to the Labour Tribunal Ordinance, the Employment
Ordinance, the Minor Employment Claims Adjudication Board Ordinance and the Disability Discrimination
Ordinance.



[Sections 1, 2 and 16;

Part 3;
Schedule 4

}
}


12 November 2010


The Ordinance except sections 1, 2

and 16, Part 3 and Schedule 4


}
}



1 May 2011


(Originally 15 of 2010)

Part: 1 PRELIMINARY L.N. 146 of 2010 12/11/2010




Section: 1 Short title and commencement 02/05/2011


(1) This Ordinance may be cited as the Minimum Wage Ordinance.
(2) (Omitted as spent)


Section: 2 Interpretation L.N. 146 of 2010 12/11/2010


In this Ordinance—
“accredited programme” (經評審課程) means a full-time programme that—

(a) is provided by an education institution specified in Schedule 1;
(b) is a learning programme of a kind described in section 1, 2 or 3 of Schedule 3 to the Accreditation of

Academic and Vocational Qualifications Ordinance (Cap 592); and
(c) if provided by a school registered or provisionally registered under the Education Ordinance (Cap

279), is at the level of post secondary education (within the meaning of that Ordinance);
“assessment-opting PWD” (選擇受評估殘疾人士) means a PWD who, in accordance with section 4(2) of

Schedule 2, has elected to have an assessment made under that Schedule of his or her degree of productivity in
performing the work required under the contract of employment;

“chairperson” (主席) means chairperson of the Commission;
“Commission” (委員會) means Minimum Wage Commission established by section 11;
“Commissioner” (處長) has the same meaning as in the Employment Ordinance (Cap 57);
“contract of employment” (僱傭合約) has the same meaning as in the Employment Ordinance (Cap 57);
“domestic worker” (家庭傭工) means a domestic helper, carer, chauffeur, gardener, boat-boy or other personal

helper employed in, or in connection with, a household;
“employee” (僱員) means a person engaged as an employee under a contract of employment other than a person

covered by section 7(2), (3), (4) or (5);
“employee with a disability” (殘疾僱員) means an employee who is a PWD and whose degree of productivity in

performing the work required under the contract of employment is stated in a certificate of assessment that has
effect for the purposes of section 9(1)(b);



Cap 608 - MINIMUM WAGE ORDINANCE 2

“employer” (僱主) has the same meaning as in the Employment Ordinance (Cap 57);
“exempt student employment” (獲豁免學生僱用)—see section 3;
“hours worked” (工作時數)—see section 4;
“member” (委員) means member of the Commission;
“minimum wage” (最低工資), for an employee for a wage period, has the meaning given by section 8(2);
“non-local education programme” (非本地教育課程) means a full-time programme of education which leads to

the award of a non-local academic qualification which is at the level of degree or higher;
“option form” (選擇表格) means a form referred to in section 4 of Schedule 2;
“place of employment” (僱傭地點), in relation to an employee, means any place at which the employee is, in

accordance with the contract of employment or with the agreement or at the direction of the employer, in
attendance for the purpose of doing work or receiving training;

“prescribed minimum hourly wage rate” (訂明每小時最低工資額) means the hourly wage rate specified in
column 1 of Schedule 3;

“PWD” (殘疾人士) means a person who holds a valid Registration Card for People with Disabilities issued by the
Central Registry for Rehabilitation established by the Government;

“student intern” (實習學員) means—
(a) a student undergoing a period of work arranged or endorsed by an education institution specified in

Schedule 1 in connection with an accredited programme being provided by the institution to the
student; or

(b) a student resident in Hong Kong and undergoing a period of work arranged or endorsed by an
institution in connection with a non-local education programme being provided by the institution to the
student,

for which the work is a compulsory or elective component of the requirements for the award of the academic
qualification to which the programme leads;

“trial period of employment” (僱傭試工期) means a trial period of employment referred to in section 2 of
Schedule 2;

“wage period” (工資期)—see section 5;
“wages” (工資), subject to section 6, has the same meaning as in the Employment Ordinance (Cap 57);
“work experience student” (工作經驗學員) means a student who—

(a) is enrolled in an accredited programme; or
(b) is resident in Hong Kong and enrolled in a non-local education programme,

and who is engaged under a contract of employment at the beginning of which he or she is under the age of 26
years.


Section: 3 Exempt student employment L.N. 147 of 2010 01/05/2011


A work experience student and his or her employer may agree to treat a continuous period of up to 59 days
during the contract of employment (“the current contract”) as a period of exempt student employment if—

(a) no period during another contract of employment to which the work experience student was a party
and that commenced in the same calendar year as the current contract was a period of exempt student
employment; and

(b) the work experience student provides to the employer before the commencement of the current
contract a statutory declaration (or copy of a statutory declaration) made by him or her verifying the
fact set out in paragraph (a).


Section: 4 Hours worked L.N. 147 of 2010 01/05/2011


The hours worked by an employee in a wage period include any time during which the employee is, in
accordance with the contract of employment or with the agreement or at the direction of the employer—

(a) in attendance at a place of employment, irrespective of whether he or she is provided with work or
training at that time; or



Cap 608 - MINIMUM WAGE ORDINANCE 3

(b) travelling in connection with his or her employment excluding travelling (in either direction) between
his or her place of residence and his or her place of employment other than a place of employment that
is outside Hong Kong and is not his or her usual place of employment.


Section: 5 Wage period L.N. 147 of 2010 01/05/2011


(1) The wage period of an employee is the period in respect of which wages are payable to the employee for
work done or to be done under his or her contract of employment.

(2) Unless the contrary is proved, that period must be taken to be one month.
(3) For a completed or terminated contract of employment that has had at least one previous wage period, the

final wage period is the period commencing at the end of the penultimate wage period and ending on the day of
completion or termination of the contract.

(4) For a completed or terminated contract of employment that has not had at least one previous wage period,
the final wage period is the period commencing at the beginning of the contract and ending on the day of completion
or termination of the contract.

Section: 6 Wages L.N. 1 of 2015 27/02/2015


(1) A deduction from the wages of an employee made under section 25(3) or 32(2)(b), (c), (d), (e), (f), (g), (ga),
(h) or (i) of the Employment Ordinance (Cap 57) in respect of any wage period must be counted as part of the wages
payable in respect of that period. (Amended 21 of 2014 s. 18)

(2) A payment made to an employee in any wage period for any time that is not hours worked by the employee
must not be counted as part of the wages payable in respect of that or any other wage period.

(3) An advance or over-payment of wages made to an employee in any wage period must not be counted as
part of the wages payable in respect of that period.

(4) A payment of arrears of wages in respect of an earlier wage period made to an employee in any wage period
must not be counted as part of the wages payable in respect of the wage period in which it is paid.

(5) Despite subsections (1), (3) and (4), for the purposes of this Ordinance, any commission paid, with the prior
agreement of the employee, at any time after the first 7 days of a wage period but before the end of the 7th day
immediately after that period must be counted as part of the wages payable in respect of that period irrespective of
when the work is done or the commission is otherwise payable under the contract of employment.

Section: 7 Application of Ordinance L.N. 147 of 2010 01/05/2011


(1) Subject to this section, this Ordinance applies to every employee, his or her employer and the contract of
employment under which he or she is engaged.

(2) This Ordinance does not apply to a person to whom the Employment Ordinance (Cap 57) does not apply
because of section 4(2) of that Ordinance or who is engaged under a contract of apprenticeship registered under the
Apprenticeship Ordinance (Cap 47).

(3) This Ordinance does not apply to a person who is employed as a domestic worker in, or in connection with,
a household and who dwells in that household free of charge.

(4) This Ordinance does not apply to a student intern.
(5) This Ordinance does not apply to a work experience student during a period of exempt student employment.


Part: 2 ENTITLEMENT TO MINIMUM WAGE L.N. 147 of 2010 01/05/2011




Section: 8 Employees to be paid at least minimum wage L.N. 147 of 2010 01/05/2011


(1) An employee is entitled to be paid wages in respect of any wage period of not less than the minimum wage.
(2) The minimum wage for an employee for a wage period is the amount derived by multiplying the total

number of hours (including any part of an hour) worked by the employee in the wage period by the minimum hourly
wage rate for the employee provided by section 9.

(3) This section is subject to section 18 (transitional provisions).



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Section: 9 Minimum hourly wage rate L.N. 147 of 2010 01/05/2011


(1) The minimum hourly wage rate for an employee is—
(a) for a PWD undergoing a trial period of employment, the hourly rate that is the percentage specified in

section 3 of Schedule 2 of the prescribed minimum hourly wage rate;
(b) for an employee with a disability, the hourly rate derived by multiplying the prescribed minimum

hourly wage rate by the employee’s assessed degree of productivity as stated in the certificate of
assessment referred to in section 7 of Schedule 2;

(c) for an assessment-opting PWD who continues to be employed to do the same work for the same
employer, until the end of the day on which the assessment of his or her degree of productivity in
performing that work is completed under Schedule 2, the hourly rate that is the percentage specified in
the option form of the prescribed minimum hourly wage rate; and

(d) in any other case, the prescribed minimum hourly wage rate.
(2) Despite subsection (1)(d), if a PWD who has undergone a trial period of employment becomes an employee

with a disability after the expiry of the trial period, the minimum hourly wage rate for the employee must be taken to
be the hourly rate provided by subsection (1)(b) on and from the first day after the expiry of the trial period.

(3) Schedule 2 has effect with respect to assessing the degree of productivity of a PWD and specifying the
percentage of the prescribed minimum hourly wage rate that is applicable to a PWD undergoing a trial period of
employment.

(4) Schedule 2 also provides for determining the percentage of the prescribed minimum hourly wage rate that is
applicable to an assessment-opting PWD until the end of the day on which the assessment of his or her degree of
productivity in performing the work required under the contract of employment is completed under that Schedule.

Section: 10 Entitlement to at least minimum wage under contract of

employment
L.N. 147 of 2010 01/05/2011



(1) If, but for this Ordinance, the wages payable to an employee in respect of any wage period are less than the
minimum wage for the employee for that period, the contract of employment of the employee must be taken to
provide for all purposes that the employee is entitled to additional remuneration in respect of that period of the amount
derived by subtracting from that minimum wage the amount of wages that, but for this Ordinance, is payable in
respect of that period.

(2) Without limiting subsection (1), the purposes referred to in that subsection include calculating—
(a) the amount of any wages or of any other sum payable under the Employment Ordinance (Cap 57);
(b) any amount payable by way of an ex gratia payment under the Protection of Wages on Insolvency

Ordinance (Cap 380);
(c) the amount of any mandatory contribution required to be paid to a provident fund scheme under the

Mandatory Provident Fund Schemes Ordinance (Cap 485); and
(d) the monthly earnings of the employee for the purposes of the Employees’ Compensation Ordinance

(Cap 282) or the Occupational Deafness (Compensation) Ordinance (Cap 469).
(3) To avoid doubt and without limiting subsection (1), the amount of any additional remuneration to which an

employee is entitled under subsection (1) forms part of the wages payable to the employee under the Employment
Ordinance (Cap 57) and a failure to pay it may be dealt with in the same way as a failure to pay any other portion of
those wages.

Part: 3 MINIMUM WAGE COMMISSION L.N. 146 of 2010 12/11/2010




Section: 11 Establishment and constitution of Commission L.N. 146 of 2010 12/11/2010


(1) A Commission is established to be known as “Minimum Wage Commission” in English and “最低工
資委員會” in Chinese.

(2) The Commission consists of—



Cap 608 - MINIMUM WAGE ORDINANCE 5

(a) a person, who is not a public officer, appointed as the chairperson;
(b) not more than 9 other members who are not public officers of whom—

(i) not more than 3 must be persons who, in the opinion of the Chief Executive, have knowledge of,
or experience in, matters relating to the labour sector;

(ii) not more than 3 must be persons who, in the opinion of the Chief Executive, have knowledge of,
or experience in, matters relating to the business sector; and

(iii) not more than 3 must be persons who, in the opinion of the Chief Executive, have knowledge of,
or experience in, a relevant academic field; and

(c) not more than 3 other members who are public officers.
(3) The chairperson and all other members are to be appointed by the Chief Executive and, in appointing

members under subsection (2)(b) and (c), the Chief Executive may have regard to the need for there to be a balanced
number of members appointed under each of the subparagraphs of paragraph (b) of subsection (2) and under
paragraph (c) of that subsection.

(4) The Chief Executive must publish in the Gazette notice of the following—
(a) any appointment of a member made under this section;
(b) any appointment of an acting chairperson made under section 3 of Schedule 4.

(5) A notice under subsection (4) is not subsidiary legislation.
(6) Schedule 4 has effect with respect to the Commission.


Section: 12 Functions of Commission L.N. 146 of 2010 12/11/2010


(1) The main function of the Commission is, when required by the Chief Executive to do so, to report to the
Chief Executive in Council its recommendation about the amount of the prescribed minimum hourly wage rate.

(2) The Commission has any other function given to it by the Chief Executive in writing.
(3) In performing its functions, the Commission must have regard to the need—

(a) to maintain an appropriate balance between the objectives of forestalling excessively low wages and
minimizing the loss of low-paid jobs; and

(b) to sustain Hong Kong’s economic growth and competitiveness.
(4) Before arriving at the recommendation to be included in its report, the Commission may as it thinks fit—

(a) consult any organization representative of employers or employees or any other person;
(b) consider any submission made to it in the course of its consultations; and
(c) analyse and consider any data derived from, and consider any other information contained in, any

research or study.

Section: 13 Powers of Commission L.N. 146 of 2010 12/11/2010


(1) The Commission has power to do all things that are necessary for, or incidental or conducive to, the
performance of its functions.

(2) Without limiting subsection (1), the Commission may form a committee for any purpose.

Section: 14 Report of Commission L.N. 146 of 2010 12/11/2010


(1) The Chief Executive must require that a report under section 12(1) is made at least once in every 2 years.
(2) The Chief Executive must, as soon as practicable after receiving a report made under section 12, cause a

copy of it to be published.

Part: 4 MISCELLANEOUS L.N. 146 of 2010 12/11/2010




Section: 15 No contracting out L.N. 147 of 2010 01/05/2011


A provision of a contract of employment (whether the contract was entered into before, on or after the
commencement of this section) that purports to extinguish or reduce any right, benefit or protection conferred on the
employee by this Ordinance is void.



Cap 608 - MINIMUM WAGE ORDINANCE 6


Section: 16 Amendment of Schedule 3 L.N. 146 of 2010 12/11/2010


(1) The Chief Executive in Council may, by notice published in the Gazette, amend Schedule 3 to—
(a) specify in column 1 an hourly wage rate or increase or reduce the then current hourly wage rate

specified in that column; and
(b) specify in column 2 the effective date for any amendment referred to in paragraph (a).

(2) In exercising a power under subsection (1), the Chief Executive in Council may have regard to any
recommendation included in a report made under section 12(1) but is not bound by the recommendation.

(3) Subsection (1) only confers power to fix a single hourly wage rate that is applicable to all employees,
whether directly or as a factor in calculating their minimum wage.

(4) Section 34(2) of the Interpretation and General Clauses Ordinance (Cap 1) applies to a notice under
subsection (1) as if—

(a) for the words “amended in any manner whatsoever consistent with the power to make such subsidiary
legislation” there were substituted the words “wholly revoked”; and

(b) for the words “to be amended” there were substituted the words “to be wholly revoked”.

Section: 17 Amendment of Schedules 1, 2 and 4 L.N. 147 of 2010 01/05/2011


(1) The Commissioner may, by notice published in the Gazette, amend Schedule 1 or 2.
(2) The Chief Executive in Council may, by notice published in the Gazette, amend Schedule 4.


Section: 18 Transitional provisions L.N. 147 of 2010 01/05/2011


(1) If the effective date of the first prescribed minimum hourly wage rate is a date after the beginning of a wage
period of an employee, in calculating the minimum wage for the employee for that period no account is to be taken of
any hour (including any part of an hour) worked by the employee in that period before that effective date nor of any
wages payable to the employee for any such hour or part of an hour.

(2) If the prescribed minimum hourly wage rate is increased or reduced under section 16(1) after the beginning
of a wage period of an employee, in calculating the minimum wage for the employee for that period the increased or
reduced rate only applies to any hour (including any part of an hour) worked by the employee on or after the effective
date of the increase or reduction.

(3) For the purposes of section 3, no account is to be taken of any period of employment that precedes the
commencement of that section.

Part: 5 L.N. 147 of 2010 01/05/2011




Section: 19 (Omitted as spent) 02/05/2011




Section: 20 (Omitted as spent) 02/05/2011




Section: 21 (Omitted as spent) 02/05/2011




Section: 22 (Omitted as spent) 02/05/2011




Section: 23 (Omitted as spent) 02/05/2011






Cap 608 - MINIMUM WAGE ORDINANCE 7

Section: 24 (Omitted as spent) 02/05/2011




Schedule: 1 EDUCATION INSTITUTIONS L.N. 147 of 2010 01/05/2011


[sections 2 & 17]

1. The Hong Kong Institute of Education established by The Hong Kong Institute of Education Ordinance (Cap

444).

2. University of Hong Kong established by the University of Hong Kong Ordinance (Cap 1053).

3. The Hong Kong Polytechnic University established by The Hong Kong Polytechnic University Ordinance (Cap

1075).

4. The Chinese University of Hong Kong established by The Chinese University of Hong Kong Ordinance (Cap

1109).

5. Hong Kong Baptist University established by the Hong Kong Baptist University Ordinance (Cap 1126).

6. City University of Hong Kong established by the City University of Hong Kong Ordinance (Cap 1132).

7. The Hong Kong Academy for Performing Arts established by The Hong Kong Academy for Performing Arts

Ordinance (Cap 1135).


8. The Hong Kong University of Science and Technology established by The Hong Kong University of Science
and Technology Ordinance (Cap 1141).


9. The Open University of Hong Kong established by The Open University of Hong Kong Ordinance (Cap 1145).

10. Lingnan University established by the Lingnan University Ordinance (Cap 1165).

11. Approved post secondary colleges registered under the Post Secondary Colleges Ordinance (Cap 320).

12. Bodies established under section 6(2)(h) of the Vocational Training Council Ordinance (Cap 1130).

13. Schools registered or provisionally registered under the Education Ordinance (Cap 279).



Schedule: 2 ASSESSMENT OF DEGREE OF PRODUCTIVITY OF

PWDS
L.N. 147 of 2010 01/05/2011



[sections 2, 9 & 17]

1. Interpretation


(1) In this Schedule—

“approved assessor” (認可評估員) means a person who—
(a) is of a kind specified by the Commissioner for the purposes of this paragraph under subsection (2);
(b) has the length of experience in the provision of vocational rehabilitation or other services in relation to

the employment of persons with a disability that is specified by the Commissioner for the purposes of
this paragraph under subsection (3); and

(c) is approved by the Commissioner under section 6(4) of this Schedule;



Cap 608 - MINIMUM WAGE ORDINANCE 8

“assessment” (評估) means an assessment referred to in section 6 of this Schedule.
(2) The Commissioner may, by notice published in the Gazette, specify kinds of persons for the purposes of

paragraph (a) of the definition of “approved assessor” in subsection (1), whether by reference to the profession
practised by them or the occupation or qualification held by them or on any other basis.

(3) The Commissioner may, by notice published in the Gazette, specify a length of experience for the purposes
of paragraph (b) of the definition of “approved assessor” in subsection (1).

2. Trial period of employment


(1) This section applies to a PWD—
(a) who on or after the commencement of section 9 is seeking to be engaged under a contract of

employment; or
(b) the terms of whose contract of employment are to be varied on or after that commencement as to the

kind of work to be done under that contract.
(2) A PWD may, if he or she chooses to do so, before commencing employment or before a variation of the

terms of his or her contract of employment as to the kind of work to be done under that contract is due to take effect,
agree with an employer to undergo a trial period of employment at not less than the minimum hourly wage rate
provided by section 9(1)(a).

(3) The purpose of the trial period is to provide an opportunity for an assessment to be made of the degree of
productivity of the PWD.

(4) Subject to subsection (5), the length of the trial period is 4 weeks or until the end of the day on which the
assessment of the degree of productivity of the PWD is completed, whichever period is the shorter.

(5) On an application made to the Commissioner jointly by the PWD and the employer before the end of the
trial period, the Commissioner may, in exceptional circumstances, extend the length of the trial period applying to
them by up to 4 weeks.

3. Percentage of prescribed minimum hourly
wage rate applicable during trial
period of employment


For the purposes of section 9(1)(a), the specified percentage is 50%.

4. PWDs employed before commencement
may opt for an assessment


(1) A PWD who—
(a) was employed immediately before the commencement of section 9;
(b) continues to be employed to do the same work for the same employer; and
(c) is employed at an hourly wage rate that is less than the first prescribed minimum hourly wage rate,

may, before the effective date of the first prescribed minimum hourly wage rate, elect to have his or her degree of
productivity in performing the work required under the contract of employment assessed under this Schedule.

(2) An election is made by the employee signing an option form and giving it to his or her employer as soon as
practicable after signing it.

(3) An option form must—
(a) be in the form approved by the Commissioner;
(b) specify the hourly wage rate (“the current contractual rate”) at which the PWD is then employed;

and
(c) specify the percentage of the first prescribed minimum hourly wage rate that the current contractual

rate represents.
(4) The employer must countersign the option form before the effective date of the first prescribed minimum

hourly wage rate and give a copy of it to the employee as soon as practicable after doing so.
(5) This section is subject to section 6(6) of this Schedule.


5. Other employees may opt for an assessment



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(1) An employee who is a PWD (other than a PWD to whom section 2 of this Schedule applies who has chosen

to undergo a trial period of employment or a PWD who is an assessment-opting PWD) may at any time, if he or she
chooses to do so, seek to have his or her degree of productivity in performing the work required under the contract of
employment assessed under this Schedule.

(2) This section is subject to section 6(6) of this Schedule.

6. Assessment


(1) This section applies to an assessment under this Schedule with respect to the following employees—
(a) a PWD who has chosen to undergo a trial period of employment under section 2 of this Schedule;
(b) an assessment-opting PWD;
(c) a PWD covered by section 5 of this Schedule who has chosen to have an assessment made.

(2) The purpose of an assessment is to determine the degree (if any) to which the productivity of the PWD in
performing the work required under the contract of employment is affected by a disability.

(3) The assessment must be made by an approved assessor at a time agreed by the PWD and his or her
employer. For a PWD who has chosen to undergo a trial period of employment under section 2 of this Schedule, that
time may be within the trial period of employment or after the expiry of that period.

(4) The Commissioner may, in writing, approve an assessor who satisfies the requirements of paragraphs (a)
and (b) of the definition of “approved assessor” in section 1(1) of this Schedule for the purpose of making
assessments under this Schedule.

(5) The Commissioner may, by notice published in the Gazette, specify methods of assessment for the purposes
of this Schedule.

(6) A PWD in respect of whom an assessment of his or her degree of productivity has been completed cannot
have any further assessment made for the same work with the same employer.

7. Certificate of assessment


(1) An approved assessor who makes an assessment of the degree (if any) to which the productivity of the
PWD in performing the work required under the contract of employment is affected by a disability must provide to the
PWD and the employer a certificate of assessment.

(2) The certificate of assessment must—
(a) state the degree of productivity capable of being achieved by the PWD in performing the work;
(b) be in the form approved by the Commissioner; and
(c) be signed by the approved assessor.

(3) The assessment of the degree of productivity of the PWD is completed for the purposes of this Ordinance
when the certificate of assessment is signed by the approved assessor.

(4) The PWD and the employer must countersign the certificate provided to them under subsection (1). On and
from the first day after their doing so the certificate has effect for the purposes of section 9(1)(b).

(5) The countersigning by the PWD or the employer of a certificate of assessment must not be taken to indicate
any agreement on their part to continue the employment relationship.

8. Status of approved assessor


In making an assessment under this Schedule, an approved assessor (other than a public officer doing so in his or
her capacity as a public officer) is neither a servant nor an agent of the Government.

Schedule: 3 Prescribed Minimum Hourly Wage Rate L.N. 6 of 2015 01/05/2015


[sections 2 & 16]


Hourly wage rate


Effective date

$28 1 May 2011 (Added L.N. 145 of 2010. Amended L.N. 186



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of 2012)
$30 1 May 2013 (Added L.N. 186 of 2012)
$32.5 1 May 2015 (Added L.N. 6 of 2015)

(Format changes—E.R. 1 of 2013)

Schedule: 4 MINIMUM WAGE COMMISSION L.N. 146 of 2010 12/11/2010


[sections 11 & 17]

1. Terms and conditions of appointment of members


(1) A member who is not a public officer—
(a) holds office for the term that is specified in his or her instrument of appointment and on any other

terms and conditions of appointment that the Chief Executive may from time to time determine; and
(b) may resign from office by giving notice in writing to the Chief Executive.

(2) A member who is a public officer holds office at the discretion of the Chief Executive.
(3) A member is eligible for reappointment.
(4) A resignation under subsection (1)(b) takes effect on the date specified in the notice or, if no date is

specified, on the date the Chief Executive receives the notice.

2. Removal of members


The Chief Executive may, by notice in writing, remove from office a member who is not a public officer if the
Chief Executive is satisfied that the member is unable or unfit to carry out the duties of the office due to permanent
incapacity or other sufficient cause.

3. Acting chairperson


(1) The Chief Executive may appoint another member who is not a public officer to act as chairperson—
(a) during a vacancy in the office of chairperson; or
(b) while the chairperson is absent from Hong Kong or is, for any other reason, unable or unfit to carry out

the duties of the office of chairperson.
(2) An acting chairperson has and may exercise all the powers, and must carry out all the duties, of the office of

chairperson.
(3) Anything done by or in relation to a person purporting to act as chairperson is not invalid merely because—

(a) there was a defect or irregularity in, or in connection with, the acting appointment; or
(b) the occasion for the person to act had not arisen or had ceased.


4. Meetings


(1) Meetings of the Commission are to be held at the times and places appointed by the chairperson.
(2) The chairperson must preside at a meeting of the Commission.
(3) The quorum for a meeting of the Commission is—

(a) the person presiding; plus
(b) not less than half of the other members in office for the time being including at least 3 members who

are not public officers and at least one who is.
(4) Subject to this Schedule, the Commission may regulate its own procedure.


5. Status of Commission


The Commission is neither a servant nor an agent of the Government and does not enjoy any status, immunity or
privilege of the Government.