2600224 C.S. 84
For discussion
on 30th June 1970
RESTRICTED
XCR(70)205 Copy No .....
of 27
MEMORANDUM FOR EXECUTIVE COUNCIL
Frotection of Women and Juveniles Ordinance (Chapter 213)
MINIMUM AGE FOR EMPLOYMENT OF FEMALE DOMESTIC SERVANTS
Honourable Members will recall that, on 11th November 1969, after considering memorandum XCR(69) 310, they advised and the Acting Governor ordered that the Law Revision (Miscellaneous Repeals)(No 2) Bill 1969 should be introduced into the Legislative Council. This bill, which has since been enacted, repealed the Female Domestic Service Ordinance (Chapter 60), and simultaneously re-enacted section 6 of this Ordinance, which prohibits the employment of female domestic servants under twelve years of age, as section 26A of the Protection of Women and Juveniles Ordinance (Chapter 213). Honourable Members also advised and the Acting Governor ordered that consideration should be given separately to raising the age specified in this section.
2
At the present time, the minimum age for employment in in- dustry is 14; this is laid down in regulation 4 of the Factories and Industrial Undertakings Regulations. There is, however, no general statutory mini- mum age for employment outside industry, although there are specific pro- hibitions against the employment of young persons, largely for social reasons, on or about such premises as, for example, public dance halls (minimum age 18 years) and licensed premises (minimum age 14 years, but new regu- lations have now been made which, when brought into force, will prohibit the employment of females under the age of 18 years between the hours of 8 p.m. and 6 a. m.). It is not considered that a minimum age for em- ployment, of general applicability outside industry, can be contemplated at the present time. This would need to take carefully into account the position reached in the provision of educational facilities, particularly in the post- primary field. It is, however, considered that a minimum employment age, at an appropriate level, should be introduced where justified in any particular occupation which may be especially hazardous to the physical or moral well- being of young persons.
3
As far as female domestic servants are concerned, the Com- missioner of Labour and the Director of Social Welfare have conferred, and advise that in present circumstances they consider that there is no justification for raising the minimum age. The Commissioner of Labour has commented that, from an employment point of view, domestic service may be regarded as amongst the lightest forms of manual work available, and that there would almost certainly be no age limit on the statute book in respect of domestic service had it not been for the need in earlier years to afford special protection against the "mui tsai" system. There is, for example, at present no statutory minimum age for employment of young persons in shops and restaurants, where the work is at least physically more onerous, and in some ways less protected.
RESTRICTED