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The review has identified three options to deal with the issue. The first is to remove the employment restrictions in the Regulations. The second is to extend these restrictions to male workers. The third is to preserve the women-specific employment restrictions.
The issues involved are very complex and the implication of each of the options on the labour market needs to be carefully considered before taking a decision. Furthermore, amending regulation 4 of the Women and Young Persons (Industry) Regulations which prohibits the employment of women in underground and tunnelling works would mean that Hong Kong has to denounce the application of the International Labour Convention No. 45 on Underground Work (Women) Convention. The Chinese side will need to be consulted through the Joint Liaison Group if the International Labour Convention No. 45 is to be denounced, as it involves Hong Kong's international rights and obligations after June 1997.
Statutory restrictions over certain aspects such as working hours, overtime employment and compulsory rest days are likely to be controversial. Legislative control in these areas for both men and women in all economic sectors would mean improved benefits for employees but, at the same time, higher labour cost and less flexibility for employers.
I wish to point out that the review report prepared by the Labour Department represents no more than the initial assessment by an internal working group. It merely sets out the possible approaches to resolving the incompatibility between the Women and Young Persons (Industry) Regulations and the Sex Discrimination Ordinance. The Administration has not taken a final view on these important issues. We will have to consult the Labour Advisory Board, and other parties concerned extensively before deciding on the way forward.
Given the complexity and far-reaching implications of the subject, plus the need to consult widely and extensively, it is necessary to seek an extension of the grace period for another year. I am grateful that the subcommittee set up to examine my present motion has indicated its support to extending the grace period under section 57(3) of the Sex Discrimination Ordinance for another year. I confirm that the Administration will undertake to draw up a timetable on the consultation and legislative procedures involved and, to make regular progress reports on the matter to the Manpower Panel of this Council.
Mr President, I beg to move.
End