TNAG-2816-FCO40-4062-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 110

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Article 3

The Women and Young Persons (Industry) Regulations are not applicable to certain categories of young persons.

This Article is.. therefore applied with the following modification :

"Young Persons of or over the age of 15 years and under 18 years, may be employed in an industrial undertaking during the night -

(a)

(b)

in a clerical or managerial capacity, or in any health or welfare service connected with the undertaking;

in cleaning the premises, or any part thereof, of an undertaking, otherwise than in cleaning which is incidental to or connected with any process; or

(c) solely as caretakers in the premises

of the undertaking."

The Women and Young Persons (Industry) Regulations apply to young persons who are registered apprentices under the Apprenticeship Ordinance and their employers except where specifis provisions to the contrary have been made in that ordinance. "Young Person" is defined under the Apprenticeship Ordinance as a person of or over the age of 14 years and under the age of 19 years.

According to Regulation 8(1)(b) of the Apprenticeship Regulations, registered apprentices aged under 18 years shall not be employed earlier than 7 a.m. or later than 7 p.m. Regulation 9(1)(c) also stipulates that the period of employment of registered apprentices aged 16 and 17 years employed on overtime shall mt begin earlier than 7 a.m. or end later than 7 p.m.

However, apprentice cooks in the hotel industry aged 16 and over are permitted to work beyond 7 p.m. but not later than 11 p.m. This special permission has been granted to employers in the hotel. industry by the Director of Technical Education and Industrial Training Department on the merits of individial cases under section 47(14) of the Apprenticeship Ordinance. This section was added to the ordinance in 1984 after consultation with the Hotel, Catering and Tourism Training Board and the Committee on apprenticeship and Trade Testing of the Vocational Training Council, a tripartite organisation. In order to secure the rest period of at least 13 consecutive hours provided for by paragraph 3 of this article, the employer who has been granted special permission is required to fix and record for inspection at any time the time when an apprentice cook starts and stops work, and his

rest period.

Article 4