A worker takes Hong Kong’s chief executive to court for failing to protect her and workers like her. The law grants him the right to set minimum wage levels to avoid exploitation but he has failed to exercise that right so far.

Hong Kong (AsiaNews/Agencies) – A court in Hong Kong has been asked to review the government’s opposition to setting minimum wage levels which would guarantee low-paid workers a “decent living.” The judicial review was brought by a woman after her wages were reduced for the umpteenth time.

Ms Chan Noi-heung, 51, has called on the court to force the government to consider setting minimum wage levels so that she can make an reasonable living.

A dozen of representatives from the Confederation of Trade Unions chanted slogans in support of her outside the High Court morning.

The review continues today, with Legislative Council Member Leung Kwok-hung and government representatives making submissions. Mr Leung is expected to speak in favour of the applicant.

Ms Chan, who works for the Kowloon Motor Bus (KMB) Co., is currently paid HK$ 3,400 (US$ 435) a month for a 10-hour day with one day off a week. She used to earn HK$ 4,000 a month but in December 2004 her pay was cut to HK$ 3,700 and then slashed again to the present level in December 2005.

Ms Chan’s attorney, Hectar Pun Hei, told the court that under the Basic Law the Territory’s chief executive was required to consider implementing minimum-wage arrangements after Hong Kong accepted the International Covenant on Economic, Social and Cultural Rights. Art. 7 of the covenant requires states that are party to it recognise the right of everyone to enjoy “[r]emuneration which provides all workers, as a minimum, with . . . a decent living for themselves and their families”.

Furthermore, Section 2(1) of the Trade Boards Ordinance states that the “chief executive in council may, at any time he thinks fit . . . fix minimum rates of wages for any trade in Hong Kong” where he is satisfied that the amount workers are receiving is unreasonably low.

“The government has all along adopted a position which is in direct contradiction of the [ordinance],” Mr Pun told the South China Morning Post. “Employees in Hong Kong these days have a constitutional right to receive a minimum wage.”

• hong
• kong
• minimum
• wage
• decent
• living
• basic
• law
• chan
• noi-heung