CONFIDENTIAL

6.

There are no grounds for complacency as regards some of the points brought out in the programme. Two points in particular are worrying. First, as the Overseas Labour Adviser has pointed out, it ought to be possible to secure remedial action as regards the level of the fines imposed on employers who infringe the laws concerning child labour. It is not that the present maximu lovel of fines (SHK 5,000) is particularly low, but that the courts, for reasons which are not apparent, have consistently failed to impose high fines. (There was one of 3HK 3,000 in 1975 but? the average for that year was SHK 332, which was actually lower than the average for 1973.) This problem might be overcome by increasing the maximum level that could be imposed, with a view to prompting the courts to make a corresponding increase in the level of fines actually imposed. Alternatively, the Chief Justice might be encouraged to advise the courts to adopt a tou, her attitude towards infringements of child labour legislation. The department intends to take up this matter with the Hong Kong

The second point is that the "World in Action"

Government.

pro rumme demonstrated the need to ensure that there is no delay on the part of the Hong Kong Government in carrying out its proposed plan to raise the school leaving age to 15 by 1980 so that the related minimum age for any form of employment could be correspondingly adjusted upwards. We shall need to watch carefully to see that there is no slippage in the Hong Kong Government's education plans. might be given to prodding the Hong Kong Government to impose the same limit on the employment of children in non-industrial establishments us already exists in the cuse of industria? establishments, i.e. not below 14 years of age.

further point is that consideration

7. I recommend that any enquiries about the "World in Action" pro Tame should be handled by reference to the Answers given to ir Parry's PQs and that, as a first stage, the department should pursue the question of the fines imposed for the illegal employ- ent of child labour. The OLA and r Lipsey have bean consulted

in the preparation of this submission.

21 December 1976

DP Milton Hong Kong Danantment.

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