1967-HKRS30-8-57_Part06 — Page 11

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young person by a notice under regulation 10:

(b) in reckoning the aggregate hours of over- time employment, account shall be taken only of any period during which any woman or young person is employed in that indus- trial undertaking beyond the maximum hours prescribed in sub-paragraph (a) of paragraph (1) of regulation 9 or other earlier or later, as the case may be, than the hours prescribed for the beginning and ending of the period of employment specified in sub- paragraph (b) of that paragraph.".

Made by the Commissioner of Labour on the 21st day of November 1967,

R.My. Adusterington

Commissioner of Labour.

Explanatory Nate.

(This Note is not part of the regulations, but is intended

to indicate their general purport).

For the purpose of bringing certain working conditions into line with the corresponding accepted international practice, it proposed to reduce progressively over a period of four years, commencing on the 1st day of December 1967, the hours of employment and of work of all women and some young persons in industrial undertakings. Hours of work will be reduced over this period from ten hours a day and sixty hours a week to eight hours a day and forty-eight hours a week. Con- currently, it is proposed to increase progressively over the same period the maximum permissible hours of overtime from an aggregate of one hundred hours a year to an aggregate of three hundred hours a year. lo addition, consequcatial reductions in periods of employment will become effective.

2. No changes are proposed for young persons aged fourteen and fifteen years who at present may not work for more than eight bours day or forty-eight hours a week and who may not be employed on overtime. No changes are proposed in the existing regulations relating to rest periods during the period of employment, one rest day in every seven days, and arrangements for shift work.

3. Regulation 9 of the principal regulations prescribes the general conditions as to hours of employment excluding overtime and shift work. This regulation will be revoked and replaced on the 1st day of December in 1967, 1968, 1969, 1970 and 1971, with the effect that the progressively reduced hours of work and any consequential reductions of periods of employment will come into operation on those dates. Regulations 3, 6, 8, 10 and 12 of these regulations effect the progressive revocation and replacement of regulations 9 and 9A of the principal regulations.

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Regulation it of the principal regulations prescribes the maximum permissible overtime employment of women and young persons in indus- trial undertakings. This regulation will also be revoked and replaced on the Ist day of December in 1967, 1968, 1969, 1970 and 1971, with the effect that the progressive increases in permissible overtime will come into operation on those dales. Regulations 4, 7, 9, 11 and 13 of these regula- tions effect the progressive revocation and replacement of regulation 11 of the principal regulations,

5.

Regulation 9A is a transitional provision. 1 comes into opera tion progressively, under regulations 3, 6, 8, 10 and 12 of these regulations. on the 1st December in 1967, 1968, 1969. 1970 and 1971, respectively. Its effect is to vest in The Commissioner a discretion to apply to an industrial undertaking for a period of six months from the date on which 1 progressively comes into operation the relevant provisions of regulation 9 of the principal regulations in operation immediately preceding its date of commencement,

The purpose of regulation 9A is to afford the proprietor of an under- taking a period of six months in which to adjust the administration of the undertaking to accord with the progressively reduced hours of work and periods of employment,

For the first two years of the phased programme introduced by these regulations, where an application is granted by the Commissioner under regulation 94, the period of overtime permitted under regulation UI will be limited to one hour per day for the period from 1st December 1967 to 31st May 1968 and to one and a half hours per day for the period from 1st December 1968 to 31st May 1969. The effect of these provisions is to ensure that the maximum bours of work, including overtime employ- mont, will at no time exceed the present maximum of eleven hours in any day.

6. Regulation 10 of the principal regulations provides that a pro- prietor of an industrial undertaking is required to fix the period of employment of women and young persons in the undertaking and also the intervals for meats or rest for such women and young persons. It is proposed to prohibit any increase of the hours of employment or any reduction of the intervals for meals or rest for women and young persons employed in the undertaking from those fixed by notice and in effect on The 1st day of October 1957. The Commissioner, however, shall have a discretion to conserfi to the variation of the fixed period of employment or the intervals for meals or rest in any industrial undertaking where an application is made to him under the proviso to paragraph (3) of regula- tion 10. This amendment is effected by the insertion into regulation 9 of paragraphs (3) and (4),

7.

The relevant date of commencement of each of the regulations

is set out in regulation 2 of these regulations,

(Secretariat CR 169/650)