QUESTION
Article
2
The term "industrial undertaking" is defined in section 2(1) of the Factories and Industrial Unțiertakings Ordinance.
He specific action has been taken to define the line of division separating industry fan commerce and agriculture, as the definition of "industrial undertaking" is sufficiently clear. The provisions of the ordinance, by virtue of section 2(3), do not apply to undertakings nót carried on by way of trade or for purposes of gain (except in the case of child employment), or t. sricultural operations or to the preparation of food for consumption and sale on the premises where it is prepared.
Article 2
Until 31st August 1979, the provisions of this article were applied by Regulation 4 of the Factories and Industrial Undertakings Regulations. This regulation was deleted by the enactment of the Employ- ment (Miscellaneous Provisions) Ordinance 1979 and, as from 1st September 1979, has been replaced by Regulation 4(1)(b) of the Employment of Children Regulations, which prohibits the employment of a child in any industrial undertaking.
under the Employment Ordinance, as amended by the Employment (Miscellaneous Provisions) Ordinance, a "child" means until 31st August 1980, any person under the age of 14 years, and with effect from 1st September 1980 any person under the age of 15 years.
Commencing in September 1979, the Goverment began a phased pro- gramme of free secondary education up to For III in vemment and subsi- dised schools.
The Education (-mendment) Ordinance, 1979, which came into effect on 1st September 1979, extended by stages the power of the Director of Education to serve school attendance orders to parents of children of junior secondary school age, .e. 12 t under 14 with effect from 1st September 1979 and 12 to under 15 since 1st September 1980. Parallel to this, the Employment (Miscellaneous Provisions) Ordinance and the Employment of Children Regulations 1979 generally prohibit the employment of children under 15 years of age after 1st September 1980.
Children who have attained the age of 14 but are under 15 years of age may still be employed as registered apprentices under the Apprenticeship Ordinance, Cap. 47. This is the registered modification.
The definition of "industrial undertaking" makes no distinction between public and private undertakings.
Article 3 .....
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