Page:Minimum Wage Ordinance (Cap. 608).pdf/11

MINIMUM WAGE ORDINANCE (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.

12. Functions of Commission

(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.

13. Powers of Commission

(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.