3.
2
the Regulations made under Cap 59, (GNA 71/58) excludes "women or young persons employed in any industrial under- 'taking in a clerical or managerial capacity or in any health or welfare service connected with such industrial undertaking " from the provisions of Regulation 14.
(b) Neither would all such women and young persons come under the ambit of Part II B of the Employment Ordinance (Cap > Some would be excluded by Section 3(2) which also exclude all adult males employed in non-manual occupations at salaries exceeding $1,500 p.m.
(c)
As Article 2 (1) of the Convention specifies "the whole of the staff in any industrial undertaking" is the single modification already agreed sufficient in terms of ()"er- (b) above?
(3) Article 5 (Pages 6 and 7 of the trial report.)
It is also questioned whether the provisions for "voluntry work on rest days" (Section 11 II of Cap 57) do not vitiate the whole concept of weekly rest days. There would appear to be no provision in Hong Kong law for a compensatory rest perind when either the employer or employee invokes this clause. This position is probably contrary to Article 5. (Perri 1 bu
of the 1964 Report by the Committee of Exports referred to is relevant). Morcover, in the practical senge, Section 11 H greatly increases inspectional and enforcement difficultie. The second paragraph on page 10 of the trial report also conve an impression which, if justified, is incompatible with a declaration of application of the Convention with the one udi cation at present envisaged. This passage could also be con-- strued by critics as an admission that Hong Kong's wage rates are too low and that weekly rest days for male adult workers are the exception rather than the rule (except in undertakings "operated on western lines").
Although the third paragraph on page 5 of the trial revors relates to a declared modification, it could be found unconvinning by the Committee of Experts. In this connection, attention i invited to the criteria for "special" rest schemer ng refer Can it be anid that in paragraph 115 of their 1964 Report.
the Hong Kong textile factories could not be interrupted or poned because of its nature, or for technical reasons? Thi graph could be construed as an argument that employers should be allowed to maintain a "traditional" system and ignore the soci other benefits the Convention is designed to confer.
4. In the event that a declaration is made and a full report i subsequently requested by the ILO it is doubtful whether it would
RESTRICTED
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