TNAG-2816-FCO40-4062-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 33

6-

Article 4

of

of the Employment Ordinance no employer shall employment of a female employee during the period the female employee gives notice of her intention to to the date on which she is due to return to work on

Under section

section 15 terminate the contract of from the date on which take maternity leave expiry of maternity leave.

There is no specific provision under Civil Service Regulations to protect a woman officer from dismissal during absence on maternity leave. However, there has never been a woman officer dismissed in such circumstances in practice.

QUESTION III

The enforcement of the Employment Ordinance rests with the Labour Relations Division of the Labour Department. The provision on maternity protection under the Employment Ordinance are enforced by complaint. Every complaint of alleged non-compliance with the provisions is investigated, and where justified, advice is given to the employer to rectify the position. If the employer fails. to do So,

prosecution will follow. Legal proceedings against offenders are handled by the Prosecutions Division of the same Department. However, there are few complaints and there has been no need to resort to prosecution for contravention of the provisions on maternity protection under the. Employment Ordinance.

The Civil Service Branch of the Government Secretariat is responsible for the administration of Civil Service Regulations and there has never been any case where an officer is unable to obtain the maternity leave and pay to which she is entitled.

QUESTION IV

There is no court decision involving' questions of principle relating to the application of this convention.

QUESTION V

In March 1992, out of 2 721 600 persons employed in both the public and private sectors, 1 011 400 were female.

QUESTION VI

Copies of this report have been sent to the Labour Advisory Board on which employers' organisations and trade unions are represented and, through the United

United Kingdom Department of Employment, to the Confederation of British Industry and the Trades

Trades Union Congress of Great Britain.

Great Britain. No observations regarding the application of this convention in Hong Kong have been received to date from organisations of employers and workers during the period under review.

HONG KONG September 1992

KATHERINE FOK COMMISSIONER FOR LABOUR