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Mr Williamson HKGD K 242
AKK Z101,
KAMULO IN REGISTRY NO. 51 0 3 MAR 1980
DESK ·FFICER
INDEX
REGISTRY Action Taken
PA
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HW 3/3 AW 3/3
See
HONG KONG : PROPOSED LEGISLATION TO AMEND THE EMPLOYMENT ORDINANCE
1.
Thank you for letting me see the enclosed EXCO memorandum XCR(80)32.) There is one point of interest. This stems from paragraph 8(a) and the amendment proposed to Section 73 of the Employment Ordinance which would enable the Commissioner for Labour to increase the hours of employment prescribed in any regulation made under the Section in relation to any employee. I assume that regulations made under the authority of this Section can cover hours worked by children, young persons and women.
2. Similar though more restricted power has existed in the past in the shape of Regulation 11(6) of the existing Factories and Industrial Undertakings Regulation which refers to "women and young persons" and not to "any employees". So far as I know little use has been made of it in recent years and it is difficult to see why it is proposed to broaden this enabling power to cover "any employee". I also note that Regulation 11(9)(b) of the existing Factories and Industrial Undertakings Regulations which prohibits young persons from working overtime is not reproduced in the draft legislation. I presume that Regulation 8(I) of the new Women and Young Persons (Industry) Regulations will be a safeguard, though I would have thought it more satisfactory to reproduce the prohibition in explicit terms.
3.
I raise these points since I fear that any relaxations in the conditions which regulate hours of work (or rest periods, rest days or night work) for women and young persons (or children) in Hong Kong would be badly received by some sections of UK public and parliamentary opinion.
Arsotunt
19 February 1980
HR G Hurst
Overseas Labour Adviser
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