TNAG-0644-FCO40-792-Employment-of-children-in-Hong-Kong-1977 — Page 27

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4. The average level of fines for the first four months of this year was HK$845 (about £100) in each case. This figure, which represents an increase of 55% over the average fine for 1976, is largely explained by the fact that Crown Counsel successfully prosecuted two cases which resulted in fines of HK$3,500 (an employer with a previous conviction who had employed a thirteen year old girl) and HK$3,000 ( an employer without any previous conviction who had employed four under-age children). It is hoped that the stiffer sentences imposed in these two cases will lead to an increase in fines generally, as well as serving as a stronger deterrent to employers. Nevertheless, the average level of fines so far this year is no more than one-fifth of the previous maximum fine possible and

If the case for introducing a maximum fine deserves consideration. a minimum fine were set at a level high enough to make uneconomic the practice of employing children under 14 years of age, it would be both a strong financial deterrent and a powerful incentive to employers to make adequate enquiries about the ages of those who seek employment. The announcement of a minimum fine would underline the seriousness with which the Hong Kong Government views the evil of child labour and demonstrate to Hong Kong's critics that a genuine attempt is being made to deal with the problem. Nevertheless, it would clearly be difficult to pursue the idea of a minimum fine in the face of the objections raised by the Chief Justice and his

I objections are supported by the department's Legal Adviser. 5 conclude reluctantly that we shall have to drop this idea.

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5.

It is not clear whether there is any joinder of charges when an employer is prosecuted, i.e. whether there is a separate count in respect of each child found to be illegally employed and a

This point, separate fine when the charge on each count is proved. which is relevant to the second of the two cases mentioned above, obviously affects the level of fines.

6.

The Governor of Hong Kong says in his letter that, apart from tackling the problem by achieving a higher average level of fines, there is a need to provide secondary education places for all children up to the age of 15. This is clearly right and the target

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