TNAG-2816-FCO40-4062-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 67

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

Article 5

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By virtue of regulation 5 f the Factories and Industrial Undertakings Regulati ns prior to 1st July 1980 und regulation 4 of the Women and Young Persons (Industry) Reguliti s since 1st July 1980, the employment of any young person in unde mgmound work in ony mine or quarry, or in any industrial undertaking involving a sunnelling operation, is prohibited.

Regulation d of the Factorius and Industrial Wndertakings Regu- lations prior to 1st July 1980 and relation 5 of the Women and Young Persons (Industry) Regulations since 1st July 1980 further prohibit the employment of any grily pelern wien sixteen years of n in any dangerous trade except with the written permission of the Commissioner for Labour. Under section 2 of the Factories and Industrial Undertakings Ordinance, "dangerous trade" means any trade, process or occupation specified in the First Schedule to this ordinance. It has always been the policy of the Hong Kong Government to prohibit the employment of young persons under 16 years of age in dangerous trades. So far no permission to work in 2 dangerous trade has been granted under these Regulations to a young person.

Regulation 9 of the Factories and Industrial Undertakings (Wood- working Machinery) Regulations prohibits the employment of any person under sixteen years of age on any woodworking machine except with the written permission of the Commissioner for Labour. Woodworking machine, as defined in the said regulations, means any circular saw, swing saw, pendulum saw, plain band saw, planing machine, vertical spindle moulding machine or chain mortising machine that operates on wood.

Permission will not be granted by the Commissioner for Lacour under Regulation 9 of the Factories and Industrial Undertakings (Wood- working Machinery) Regulations for any young person under 16 years of age to be employed to operate woodworking machinery except for the purpose of obtaining practical training in woodworking machines. During the period under review, no permission under this regulation was granted. The factory and labour inspectorates have been given standing instructions to enforce these regulations strictly.

The annual departmental reports of the Commissioner for Labour and the Commissioner of Mines, which provide the rolevant information, are sent to the Director-General of the International Labour Organisation by the Director of Infor etion Semrices soon after they are published every

year.

QUESTION III

The application of the legislation on the employment of young persons and the prohibition of employment of children is entrusted to the Commissioner for Labour, who is concurrently the Commissioner of Mines. The application of the legislation on the employment of apprentices is entrusted to the Commissioner for Labour and the Director of Technical Education and Industrial Training.

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The Labour /....

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