### Minimum Wage Ordinance 《最低工資條例》

11. Establishment and constitution of Commission
(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—
(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.

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.

### Minimum Wage Ordinance 《最低工資條例》

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.

14. Report of Commission
(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.

15. No contracting out
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.

16. Amendment of Schedule 3
(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”.

17. Amendment of Schedules 1, 2 and 4
(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.

### Minimum Wage Ordinance 《最低工資條例》

18. Transitional provisions
(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.

24. (Omitted as spent—E.R. 1 of 2017)

### Genetically Modified Organisms (Control of Release) Ordinance 《基因改造生物(管制釋出)條例》

1. Short title
(Amended E.R. 4 of 2023)(1) This Ordinance may be cited as the Genetically Modified Organisms (Control of Release) Ordinance.
(2) (Omitted as spent—E.R. 4 of 2023)