TNAG-0585-FCO40-718-Employment-of-children-in-Hong-Kong-1976 — Page 280

CONFIDENTIAL

Statutory

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do not use the full permitted range of overtime.

11. The introduction of these changes in hours will impose additional responsibilities on the Inspectorate of the Department of Labour, which ought to be brought up to establishment as soon as possible. Equally important, however, is a review of the problem of penalties. At the present time, each group of cases in a factory represents a single offence, whereas in the United Kingdom and in most countries prosecutions are brought in rospect of each individual worker in regard to whom an offence has been committed. This difference in approach, allied with the very low level of fines imposed in Hong Kong, has seriously reduced the value of prosecutions as a deterrent and brought the law on occasion into contempt. It is also a factor in the low morale among inspectors. In the first six months of 1967, 164 prosecutions were brought for employing women in prohibited hours, involving 1,917 women. The average fine per case was $82.20 (£5 approximately) or $7 per person (8s.9d). For employing women outside their period of employment, 107 employers were prosecuted, the number of women involved being 1,623. The average fine per case was $82.60 (£5 approximately) or $5 per person (6s.3a). In the whole of 1965, only 13 such prosecutions involving 56 women, were brought in the United Kingdom, and the average fine per case was £30, or £7 per person. The average fine in 349 prosecutions for failing to keep a register of women and young persons employed (a procedure which on the face of it would permit widespread evasion of the law) was $53.30 (£3.6s.Od). A comparison between the average fines for the first six months of 1967 and 1966 appears to confirm a downward trend in the

level of fines.

12.

The general level of fining for these types of offences may well be a matter which could be drawn to the attention of the Chief Justice, if it should be the local practice for him to give advice on occasion to magistrates on the subject of penalties. A more direct measure that might be taken is an amendment to the law (if that should in fact be necessary) to permit of a prosecution in respect of each worker employed contrary to the law. The allocation of an officer to deal expressly with the

CONFIDENTIAL

/preparation