TNAG-0966-FCO40-1185-Legislation-for-employment-in-Hong-Kong-1980 — Page 160

АКС zioli

RECEIVED IN REGISTRY NO. 51 1 1 JUN 1980

Foreign and Commonwealth Office REGISTRY

London SW1A 2AH

Action Taken,

AWI

INDEX

PA

Telephone 01-

273 4655

PA

13

(Legisht

emplagunt

AWick

Mrs Soo Mok Sau-ha

Labour Department Lee Gardens Hysan Avenue Causeway Bay HONG KONG

Jew

Dear Connie,

Your reference (67) LAB/CR6/695V

Our reference LA/HK/8

Date

6 June 1980

I am afraid I must repeat the apology I made to you in person

on 2 June for the delay in replying to your letter of 13 February on the subject of night work for women. It has taken some time to get the information you need.

I am advised by the UK Health and Safety Executive that the following conditions apply in this country:

1.

2.

3.

4.

HSE's definition of "night" is taken from the Hours of Employment (Conventions) Act 1936 which, in turn, was based on the 1934 ILO Convention (No 41) on night work for women. "Night" is defined in the legislation as a period of 11 consecutive hours including the hours between 10pm and 5am. This seems different from what appears to be your definition of "night" ie 11pm to 7am.

Any work between 10pm and 5am is therefore categorised as night work.

None of

The most commonly worked double shift system in this country runs from 6am to 2pm and 2pm to 10pm. the second shift would therefore be regarded as night work. However, there are alternative systems where work goes on after 10pm and in those cases any work past 10pm would, of course, be regarded as night work.

Special exemption orders permitting night work are granted not only in respect of women (aged 18 and above), but also for male and female young persons. The basic statutory condition to be satisfied is that the Order is in the public interest for the purpose of maintaining or increasing efficiency (see paragraph B 30 of the EOC's report). In addition, HSE satisfy themselves that health, safety and welfare conditions in the factory concerned are satisfactory; that the workers are properly supervised; and that transport is available for women and young persons working "unsocial" hours. Orders permitting night work include, where necessary conditions on these matters.