QUESTION II
2 -
Article 1
Section 2(1) of
the
Factories
and Industrial Undertakings Ordinance stipulates that a factory is included in the definition of "industrial Undertaking". "Factory" means any premises or place (other than a mine or quarry), in which articles are manufactured, altered, cleansed, repaired, ornamented, finished, adapted for sale, broken up or demolished or in which materials are transformed, and within the close or curtilage or precincts of which
(a) any machinery other than machinery worked entirely by hand
is used; or
(b) 20 or more persons are employed in manual labour.
Agricultural undertakings in Hong Kong fall into two categories: (a) dairy companies which come within the definition of industrial undertaking under section 2(1) of the Factories and Industrial Undertakings Ordinance; and (b) market gardens, small farms or fish farms and certain agricultural operations managed by dairy companies, which are not industrial undertakings.
The Employment of Children Regulations prohibit the employment of children under the age
15 in any industrial undertaking. Children' under the age
13 may not be employed in non-industrial undertakings. Children aged. above 13 and below 15 and who have completed Form III (i.e. three years of secondary education after six years' primary schooling) may, with the written consent of one of their parents, be employed in agricultural undertakings which are not industrial undertakings. However, they shall not be employed:
(a)
before 7 a.m. or after 7 p.m. on any day;
(b)
for more than 8 hours on any day;
(c) at work
work continuously for a spell of more than 5 hours without thereafter an interval of not less than 1 hour for a meal or rest; or
(d)
to lift or carry any load exceeding 18 kg in the course of or in connexion with the employment.
The modification on the application of this convention is in respect of this group of children.
Children who are 13 years of age and who have not completed Form III. may, with the written consent of one of their parents, and upon the production of a school attendance certificate, engage in part-time employment in agricultural establishments subject to certain conditions aimed at protecting their health, welfare and morals. These conditions include medical examination of the child, if necessary; the keeping of