TNAG-0644-FCO40-792-Employment-of-children-in-Hong-Kong-1977 — Page 75

CONFIDENTIAL

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Mr Cortazzi

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PS/Lord Goronwy Roberts Goronwy

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HONG KONG: FINES FOR THE ILLEGAL EMPLOYMENT OF CHILDREN

1:

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I said in my submission of 23 March that we were sending a telegram to Hong Kong stressing the Secretary of State's concern about the low level of fines imposed on employers who infringe the child labour laws and asking for a progress report on this issue. I Flag B now attach a copy of Hong Kong telegram No 324 of 28 March in reply.

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2.

It is mildly encouraging that the average level of fines increased from HK$543 (about £55) in 1976 to HK$744 (about £75) in the first three months of this year. Even if this increase is maintained, however, the level of fines being imposed is low by any standard and unlikely to act as an effective deterrent. The level at which fines are now running is still, on average, less than one- fifth of the maximum.

3. I am not optimistic that the proposal to increase the maximum fine from HK$5,000 (about £450) to HK$10,000 (about £900) will make much difference. To double a maximum fine permitted by law is of little significance when there is such a wide margin between the existing level of fines and the present maximum.

4.

The information in Hong Kong's telegram that the Commissioner of Labour has been asked to bring suitable test cases to the attention of the Attorney-General's office is not new. Mr Hobley, the Attorney-General, informed us in late January that this was what was planned but he confirmed, when he called on the department recently, that no suitable case had been brought to his attention during the intervening two months. Action on the lines envisaged may serve to bring about an increase in the level of fines but it seems unlikely to lead to quick results.

5. It is relevant that the courts in Hong Kong have a record of imposing much lower sentences for most offences - murder is an exception - than the law allows, and the judiciary is known to be very resistant to any prompting from the executive to impose higher sentences. Nevertheless, I think that the need to eliminate the illegal employment of children in Hong Kong is great enough to justify our asking the Governor to consider an approach to the Chief Justice with a view to, for example, a High Court circular being issued on the present inadequacy of fines (paragraph 6 of my submission of 21 December refers).

6.

FILE

HKK 218/2

1976

Another possibility is that provision for a minimum sentence or a minimum fine should be inserted into the regulations on the employment of children. This could prove an effective deterrent if the level set were sufficient to make it uneconomic for the Hong Kong employer to run the risk of detection. At present the level of fines imposed indicates that it is probably economic for an employer to run this risk rather than to pay the higher adult wages.

CONFIDENTIAL

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