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Following is a written reply by the Secretary for Security, Mr Lai Tung-kwok, to a question by the Hon Poon Siu-ping in the Legislative Council today (October 9):
Question:
Recently, I have received complaints from members of the Auxiliary Medical Service (AMS) who alleged that the management staff of AMS had requested AMS members to attend, without compensation, training and briefing sessions (training) in relation to some large-scale events and asked them to sign the Non-claim Consent Form (commonly called "blue shift form") to state that they voluntarily give up the relevant pay, and that those members refusing to sign the Form would lose the opportunities for taking part in the related duties. However, according to section 9 of the Auxiliary Forces Pay and Allowances Ordinance (Cap. 254) (the Ordinance), members are eligible to be paid while undergoing training. In this connection, will the Government inform this Council:
(a) of the number of AMS members who were on duty in various territory-wide large-scale events (such as the Standard Chartered Hong Kong Marathon, Oxfam Trailwalker, etc.) in the past three years and, among them, the number of members who had signed the Non-claim Consent Form; and
(b) of the criteria adopted by the management staff of AMS for deciding to request members to sign the Non-claim Consent Form, and whether they have assessed if such a practice has violated the aforesaid provision of the Ordinance?
Reply:
President,
The Auxiliary Medical Service (AMS) is an auxiliary service under the Security Bureau of the Hong Kong Special Administrative Region, which recruits voluntary members in accordance with the Auxiliary Medical Service Ordinance (Cap. 517). In general, members take part in AMS duties or training on a voluntary basis.
According to sections 7 and 9 of the Auxiliary Forces Pay and Allowances Ordinance (Cap. 254), an AMS member shall be eligible to claim the relevant pay and allowance while voluntarily on duty or undergoing training. However, members may voluntarily give up their pay and allowances for personal reasons. To this end, when arranging duties or training for members, the management staff of AMS will inform participants in advance that they may, in view of their personal reasons, decide whether to sign the Non-claim Consent Form (Consent Form) or not. The purpose of completing the Consent Form is to allow individual members to record their voluntary service or training even if they choose not to claim for any pay and allowances. The rights of members are clearly stated in the Consent Form, including whether they will voluntarily give up their pay and allowances. Members' use of the Consent Form is completely voluntary and such a Form shall be signed by the member concerned and his/her unit head as confirmation. The management staff of AMS will not take the initiative to request members to sign the Consent Form.
As members' participation in duties and training is voluntary, and since members may, in view of their personal reasons, decide whether to claim their pay and allowances or to give them up by signing the Consent Form, such an arrangement is by no token a violation against the relevant provisions of the Auxiliary Forces Pay and Allowances Ordinance.
Figures of AMS members who were on duty in large-scale events in the past three years and, among them, the number of members who had signed the Consent Form are in the Annex.
Ends/Wednesday, October 9, 2013
Issued at HKT 14:30
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