TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 104

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CCPR/C/58/Add.6 Page 72

330. Between October 1983 and March 1987, the Under-Fives Initiative enabled 15 national voluntary bodies to set up almost 100 projects to help families with young children. Most projects are still operating. The Government made available some money in 1987/88 for tapering grants to help some of the projects set up during the initiative to find alternative sources of funding. The Government also set up a small grants scheme in 1987/88 to give six national voluntary organizations a lump sum which they distributed in the form of small capital grants to local groups providing services for under-fives and their families. This scheme is now in its third year of operation. An amount of £250,000 was spent in 1987/88 in this way and of £350,000 in 1988/89. A seventh organization is now taking part in the scheme.

331. The Children Bill includes provisions on local authorities' duties and powers to provide day care and supervised activity for children aged under five and not at school, and for school-age children outside school hours. The bill distinguishes between children in need, who are defined as those who, without the local authority providing or arranging a service, are unlikely to maintain or achieve a reasonable standard of health or development as other children. For children in need, the local authority is to be given a general duty to provide day care services as it considers appropriate. For other children, local authorities are to have a power - i.e. discretion - to provide day care services. In addition, local authorities may provide support for carers and parents whose children receive day care.

332. The bill will include provisions to update and modernize the Nurseries and Childminders Regulation Act 1948. These are intended to make the regulation of day care services clearer and easier to enforce. The areas to be covered include clarifying the age limit and conditions to be attached to registration and making registration subject to regular inspection. authorities will also continue to have power to give grants.

Employment of children

Local

333. Provisions in legislation and local authority by-laws governing the employment of children under 16 were described in the second periodic report. The overriding aim of legislation and by-laws continues to be to permit children to be employed only to the extent that their health, education and general welfare do not suffer.

334. The Government notified the Council of Europe on 21 August 1989 of its decision to denounce its acceptance of article 7 (8) of the European Social Charter with effect from 26 February 1990. Article 7 (8) reads: "With a view to ensuring the effective exercise of the right of children and young persons to protection .. persons under 18 years of age shall not be employed in night-work with the exception of certain occupations provided for by national laws or regulations."

335. The Government's decision is based on its continuing commitment to remove unnecessary and outdated barriers to employment and to extend opportunities to young people. There is no question of reducing meaningful protection. Indeed, the Government is concerned to ensure that requirements continue in force where it is satisfied that there are health and safety reasons for their retention; it does not believe that restrictions on night-work fall into that category.

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