EMPLOYMENT OF CHILDREN REGULATIONS

EMPLOYMENT OF CHILDREN REGULATIONS

EMPLOYMENT OF CHILDREN REGULATIONS

(Cap. 57, section 73)

[1 September 1979.1

1. These regulations may be cited as the Employment of Children
Regulations.

2. In these regulations, unless the context otherwise requires

'day' means a period of 24 hours beginning and ending at midnight;

,employer'' or 'person' includes a proprietor;

'industrial undertaking- has the meaning assigned to it in the Factories
and Industrial Undertakings Ordinance;

'parent' in relation to a child, includes a guardian and the person
having actual custody of the child;

'proprietor' has the meaning assigned to it in the Factories and
Industrial Undertakings Ordinance;

'secondary education' has the meaning assigned to it in the Education
Ordinance;

',school', in relation to a child, means a primary or secondary school
within the meaning of the Education Ordinance and at which the
child is a pupil at the relevant time;

'school attendance certificate' means a certificate, in a form specified
by the Director of Education, issued by the principal of a school,
certifying that the child to whom it relates is attending at the
school;

'week' means the period between midnight on Saturday night and
midnight on the succeeding Saturday night.

3. (1) The provisions of sections 18(5), 19(2) and (3) and 20 of the
Ordinance do not apply in relation to children employed under these
regulations.

(2) These regulations do not apply in relation to children who are
registered apprentices under the Apprenticeship Ordinance.

(3) A child who works in an industrial undertaking or other place of
employment, whether for wages or not, either in a process, trade or
business or in cleaning any part of the industrial undertaking or other
place of employment used for any process, trade or business or in any
other kind of work whatsoever incidental to or connected with the
process, trade or business shall be deemed to be employed therein for
the purposes of these regulations or of any proceedings thereunder.





(4) For the avoidance of doubt it is hereby declared that these
regulations are not in derogation of any other enactment which relates
to the prohibition or control of the employment of children.

4. (1) No person shall employ a child, or cause or permit a child to
be employed

(a) who is under the age of 13 years; or

(b) in any industrial undertaking.

(2) The prohibition in paragraph (1)(b) extends to an
industrial undertaking (other than a registered school under the
Education Ordinance) which is not carried on by way of trade or for the
purposes of gain.

5. (1) Subject to regulation 4(1)(b) and to paragraph (2), a
child who has completed Form III of secondary education shall not be
employed unless

(a) he has attained the age of 13 years; and

(b) his parent-

(i) can produce, to the satisfaction of the person intending
to employ the child, evidence that he has completed Form 111
of secondary education; and

(ii) has consented in writing to the employment.

(2) No child referred to in paragraph (1) shall be employed-

(a) before 7 a.m. or after 7 p.m. on any day;

(b) for more than 8 hours on any day;

(c)at work continuously for a spell of more than 5 hours without
thereafter an interval of not less than 1 hour for a meal or rest;
or

(d)to lift or carry any load exceeding 18 kg in the course of or in
connexion with the employment.

6. (1) Subject to regulation 4(1)(b) and to paragraph (2), a
child who has not completed Form III of secondary education shall not
be employed unless

(a) he has attained the age of 13 years; and

(b) his parent-

(i) can produce, to the satisfaction of the person intending
to employ the child, a valid school attendance certificate
relating to that child; and

(ii) has consented in writing to the employment.

(2) No child referred to in paragraph (1) shall be employed-

(a) in any occupation specified in the Schedule;

(b) before 7 a.m. or after 7 p.m. on any day;





(c) during school hours on any school day;

(d) during the school term for more than
(i) 2 hours on any school day; or

(ii) 4 hours on any other day;

(e)during the summer holidays for more than 8 hours on any day;

at work continuously for a spell of more than 5 hours without
thereafter an interval of not less than 1 hour for a meal or rest;
or

(g)to lift or carry any load exceeding 18 kg in the course of or in
connexion with the employment.

(3) In paragraph (2)-

-school day' means any day during a school term

(a) which is not a public holiday or a school holiday; or

(b)on which for any other reason a school is closed for the
purposes of education;

',school hours' means the period in the school day of a school during
which instruction is given to pupils including any periods allowed
for a meal or rest,

',school term- means the period commencing in any year on the day in
September on which the school opens for the purposes of
education and ending on the commencement of the summer
holidays in the next following year;

'summer holidays- means the period between school terms.

7. Every employer of a child shall in respect of-

(a) each of such employees; or

(b) any class of them,

keep records in such form as may be specified under section 49(1) of the
Ordinance for the purposes of these regulations.

8. The Commissioner, or any public officer authorized in writing by
him for the purpose, may require the employer of a child to

(a) produce-

(i) the written consent of the parent to the employment of
the child; and

(ii) where appropriate, evidence that the child has completed
Form III of secondary education or a valid school attendance
certificate or a copy thereof;

(b)arrange for the medical examination of the child, at such times
as may be specified by the Commissioner;

(c)produce in respect of the child a medical certificate of fitness
signed by a medical practitioner.





9. (1) Any person who contravenes regulation 4(1)(a) or (b)
commits an offence and is liable to a fine of $10,000.

(2) Any person who employs a child or causes or permits a
child to be employed in contravention of regulation 5 or 6 commits
an offence and is liable to a fine $5,000.

(3) A Any person who
(a) contravenes any of the provisions of regulation 7; or

(b) fails to comply with a requirement made by any officer
under regulation 8,
commits an offence and is liable to a fine of $2,000.

10. The Governor may, by order, amend the Schedule.

SCHEDULE [regs. 6(2)(a)&10.]

Prohibited Occupations

1. In any premises or place where intoxicating liquor is sold and consumed.

2.Without prejudice to regulation 15 of the Public Cleansing and Prevention of
Nuisances (New Territories) Regulations and to by-law 15 of the Public
Cleansing and Prevention of Nuisances By-laws, in the handling for gain or
profit of any refuse in any public place.

3.In the handling or delivery of any dangerous goods to which section 3 of the
Dangerous Goods Ordinance applies.

4.At any machine which, by reason of its cutting, grinding, rolling, pressing,
crushing or similar action, is dangerous.

5. In any of the following premises or places, that is to say-

(a)any dance hall, billiard saloon, mahjong, tin kau or gambling establishment;
or

(b)any premises or places at which any totalizator or pari-mutuel betting.
cash sweep or lottery is organized or conducted.

6.In any place of public entertainment except in connexion with a stage
performance the net profits (if any) of which are devoted to purposes other
than the private gain or profit of the promoters of the performance.

7.In the kitchen of any hotel, boarding house, cooked food shop, cafe, restaurant
or any establishment of a similar kind.

8. In outside window-cleaning at more than 3 m above ground level.

9.In any abattoir or slaughter house, within the curtilage of any abattoir or
slaughter house or in any premises used in connexion therewith.

10. In any hair-dressing saloon or massage parlour.
L.N. 195/79. L.N. 84/80. Citation. Interpretation. L.N. 84/80. (Cap. 59.) (Cap. 279.) Application. (Cap. 47.) L.N. 84/80. General prohibition of employment of children. L.N. 84/80. (Cap. 279.) Children who have attained 13 years and completed Form III of secondary education. Children who have attained 13 years but not completed Form III of secondary eduction. Schedule. Records to be kept by employers. Requirements as to certificates, medical examination etc. Offences and penalties. Amendment of Schedule. (Cap. 132, sub. leg.) (Cap. 295.)

L.N. 195/79. L.N. 84/80. Citation. Interpretation. L.N. 84/80. (Cap. 59.) (Cap. 279.) Application. (Cap. 47.) L.N. 84/80. General prohibition of employment of children. L.N. 84/80. (Cap. 279.) Children who have attained 13 years and completed Form III of secondary education. Children who have attained 13 years but not completed Form III of secondary eduction. Schedule. Records to be kept by employers. Requirements as to certificates, medical examination etc. Offences and penalties. Amendment of Schedule. (Cap. 132, sub. leg.) (Cap. 295.)

https://oelawhk.lib.hku.hk/items/show/2324

1964

v6

57

4