D
C
XCR(80)32
4
Women and Young Persons (Industry) Regulations 1980 (Annex C)
11.
The Commissioner for Labour proposes that existing provisions in the Factories and Industrial Undertakings Regulations governing the conditions of work for women and young persons, which are measures of a social nature, should be transferred to become subsidiary legislation under the Employment Ordinance. Power already exists, under section 73 of the Employment Ordinance, to enable the Governor in Council to make the relevant regulations. The present legislative exercise involves therefore a straightforward transfer of those provisions in the Factories and Industrial Undertakings Regulations governing working hours, rest periods, rest days, overtime, etc, for women and young persons in industry, to the Employment Ordinance. They will be called the Women and Young Persons (Industry) Regulations 1980. Having regard to the nature of this exercise and since there are no new provisions involved (except for the one explained in paragraph 12 below), no further elaboration is considered necessary.
Definition of "night" for young persons in industry
12
The period of employment for young persons (i.e. those who have attained the age of 14 but not the age of 18), as permitted under existing regulation 9(1)(b) of the Factories and Industrial Undertakings Regulations, is between 6 a. m. and 7 p. m. for young persons aged 14 and 15, and between 6 a. m. and 8 p. m. for those aged 16 and 17. The opportunity is taken to amend the period of employment so that, under proposed regulation 8(1)(b) of the new. Women and Young Persons (Industry) Regulations 1980, it will become 7 a. m. to 7 p. m. This amendment will enable Hong Kong to improve its compliance with International Labour Convention No 90 which stipulates, inter alia, that young persons in industrial employment shall not be employed for a period of at least 12 hours at night. A survey carried out in November and December 1978 showed that in 22, 995 industrial undertakings only 65 young persons were employed between 7 p. m. and 8 p. m. and none between 6 a. m. and 7 a. m. The effect of this proposed amendment will therefore be minimal.
.
Employment of Children (Amendment) Regulations 1980 (Annex D)
13
Although these amending regulations are not strictly part of this composite legislative exercise, the opportunity is being taken to present them now for consideration by Council. Their main purpose (regulation 3) is to provide that children who are working, whether for wages or not, in any place of employment will be deemed to be employed therein for the purposes of the principal regulations. This is necessary to prevent unscrupulous employers from claiming that children found in a place of
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