TNAG-0967-FCO40-1186-Employment-of-children-in-Hong-Kong-1980 — Page 6

E/CN.4/Sub.2/450

Annex page 2

part-time employment. The power of the Director of Education to serve attendance orders on parents withholding their children from school without reasonable excuse rarely needs to be exercised. The number of non-attendance cases in the primary school sector is insignificant, and amounted to about 350 children in 1979. Most of these are believed to be members of the fishing community which constitutes a particular problem with regard to education. This is currently being examined by the Director of Education. Improved guidance to school children is provided through Student Guidance Officers and School Social Workers.

(b) Extending the prohibition of child employment

5.

For many years, it has been illegal to employ children under the age of 14 in industrial undertakings i.e., manufacturing, construction and engineering, public utilities; mining and quarrying etc. Since 1 September 1979, it has been illegal to employ children under the age of 14 in all sectors of the economy subject to the few exceptions explained later on in this paragraph. Furthermore, the minimum age for employment in all sectors will be raised to 15 as from 1 September 1980. These new provisions are designed to supplement the provisions of the Education Ordinance which implement the Hong Kong Government's policy of compulsory education for children up to the age of 15 or completion of Form III as from 1 September 1980. Children who have completed Form III by the age of 13 (this is hardly possible under normal circumstances) may be permitted to work in non-industrial undertakings, i.e. restaurants. In addition, the part-time employment of children over the age of 13 in the non-industrial sector is permitted subject to certain stringent conditions aimed at protecting their health, welfare and morals.

(c) Expanding the Labour Inspectorate

6. The number of labour inspectors in the Labour Department has increased steadily from 63 in 1972 to 240 in 1979 representing an increase of 280 per cent over a period of seven years. As a result of this expansion, special campaigns for detecting the illegal employment of children in industrial undertakings are conducted at least three times a year, in addition to normal inspections. Particular attention is paid to industries which are more likely to employ children, and to factories which have previous records of illegal child employment. Prosecution follows automatically in all confirmed cases.

(a) Raising the maximum fine for illegal employment of children

7. The maximum fine for illegally employing children was increased from

$HK 5,000 to $HK 10,000 in 1977. The general level of fines for such offences has tended to increase over the last few years and there have been several cases in which employers were fined over $HK 5,000. Statistics showing the gradually increasing number of labour inspections and the level of fines for child employment offences between 1972 and 1979 are given in Appendix II.

(e) Issuing new juvenile identity cards

8. The phased issue of new juvenile identity cards to children as they reach the age of 11 and adult identity cards once they reach the age of 18 began in November 1973 and was completed in November 1978. The new juvenile identity card differs from the old one and shows the child's photograph and the date of birth. It helps to prevent children under the age of 14 from obtaining employment by using other persons' identity cards and thus facilitates the enforcement of the law by labour inspectors as they can readily verify the age of suspected underage children found at places of work.