a
A recent report stated however that the application of the law is made difficult by the fact that the Chinese generally see no reason why women should not work at night as they do in China, and secondly, by the fact that so much of the Colony's industry is carried on in small establishments using purely manual labour. Women workers generally have no objection to working at night, particularly if they are offered extra wages, and the result is that most infringements of the law are acquiesced in by the workers who are seldom willing to report offences or to give evidence. This combined with the second fact mentioned above enomously increases the difficulties of inspection and enforcement of the law.
The policy which has been followed in Hong Kong is to endeavour to educate both employers and workers and to secure the co-operation of organised labour in eradicating illegal nightwork. Warnings and explanations of the law are usually given in the case of first offences unless there is evidence of exploitation or of wilful evasion. Prosecution before a Magistrate is resorted to only if the warnings are disregarded. Prosecutions are almost invariably based on direct evidence obtained by inspectors on night inspections.
As in this country there do not appear to be any laws governing the hours of employment of men. The longer hours of Chinese-owned mills are no doubt accounted for by the explanation on page 5 of (9)8-
"Hours may seem long but in weaving, knitting, and garment-making, discipline (is) comparatively easy. Tea is usually on tap and workers break off to have a drink or to have a chat. Most of the workers are on piece rates and stops affect chiefly their own earnings, so except where there is any particular urgency (e.g. completion of order for shipment) no objection (is) made to their temporary stoppages of work."
The Acting Labour Commissioner comments on page 6 of (9):-
"This question of hours is made more difficult by the willingness of women to work beyond the prescribed time. It is worthy of note that on one occasion an attempt made by the union committee to include in an agreement a clause stipulating a reduction in hours was completely defeated by the members themselves."
(c) According to our latest information legislation governing workmen's compensation is still in the draft stage.
(d) I do not know the source of this statement.
(e) Under the Trade Boards Ordinance, 1940, the Governor
in Council may, at any time he thinks fit, by Government Notification published in the Gazette, fix minimum rates of wages for any trade in the Colony in which he is satisfied that the minimum rates of wages being paid to persons employed in any such trade are unreasonably low. For the purpose of instituting, making and conducting any enquiry that may be deemed advisable in connection with fixing minimum rates, the Governor may establish a Trade Board consisting of employers' and workers' representatives with an independent element (Article 2).
The Ordinance confers powers of inspection and imposes penalties.
In July/