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R
Mr Duffy HKGD
1.
Referenc
17 JUN 1777
HKK 2011
53
I have suggested several minor amendments to the submission. The most important are in paragraphs 3 and 4.
2. I wonder if it is necessary for you to take legal advice here before making the point re non-joinder of charges.
3.
I also suggest the following redraft of paras. 1 and 2 of your
letter:-
4.
A
I was pleased to learn from your letter of 2 May that you have spoken to the Chief Justice about the level of fines for illegal employment of children. I welcome your decision to increase the maximum fine but I am not convinced by the arguments of the Chief Justice and the Attorney-General against the prescription of a statutory minimum fine. As I said in my previous letter, if a minimum fine were set at a level high enough to make the practice uneconomic, there would be a strong financial deterrent to the illegal employment of children.
It would also be a compelling incentive to employers to make adequate enquiries about the ages of those who seek employment and, since registration of births is compulsory in Hong Kong, a prospective employer who has doubts about the age of a work- seeker can insist on the production of a birth certificate. The imposition of a minimum fine would underline the seriousness with which the Hong Kong Government views this particular offence and would demonstrate to critics that the Government is genuinely seeking to deal with the problem. The type of employer mentioned in your letter, who deliberately seeks to exploit the illegal employment of children, could be dealt with by imposing a fine well in excess of the minimum laid down. The level of fines could also be significantly increased if charges were framed in such a way as to produce a separate
count in respect of each individual child." 3.
You will see that I do not advocate our suggesting to the Governor what the minimum fine should be.
27 May 1977
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HR G Hurst
Overseas Labour Adviser
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