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(7 of 2001 s. 13) (Cap 57, section 73) [1 July 1980] (L.N. 86 of 1980) Cap 57C reg 1 (Repealed 7 of 2001 s. 14) Cap 57C reg 2 Interpretation In these regulations, unless the context otherwise requires- "employer" (雇主) includes a proprietor; "industrial undertaking" (工业经营) has the meaning assigned to it in the Factories and Industrial Undertakings Ordinance (Cap 59); "period of employment" (雇佣期) means the period (inclusive of the time allowed for meals and rest) within which persons may be employed on any day; "proprietor" (东主) has the meaning assigned to it in the Factories and Industrial Undertakings Ordinance (Cap 59); "rest day" (休息日) means a day of the week on which, under regulation 14(1), a young person shall not be employed in any industrial undertaking; (L.N. 229 of 1997) "week" (星期) means the period between midnight on Saturday night and midnight on the succeeding Saturday night; "working hours" (工作时间) means the time during which persons employed are at the disposal of the employer, exclusive of any intervals allowed for rest and meals; and "hours worked" (已工作时间) has a corresponding meaning. (L.N. 229 of 1997) Cap 57C reg 3 Application (1) These regulations shall not apply to young persons employed in- (a) any industrial undertaking in a clerical or managerial capacity or in any health or welfare service connected with such industrial undertaking; (b) any undertaking which is not carried on by way of trade or for the purposes of gain; (c) any agricultural operation; (d) the preparation of food for consumption and sale on the premises whereon it is prepared. (L.N. 387 of 1982)(2) Part IV of the Ordinance does not apply in relation to young persons to whom these regulations apply. (L.N. 387 of 1982) (3) A young person who works in any industrial undertaking, whether for wages or not, either in a process or in cleaning any part of the premises used for any process, or in cleaning or oiling any part of the machinery or plant or in any other kind of work whatsoever incidental to or connected with the process, or connected with the article made or otherwise the subject of the process therein, shall, save as may otherwise be provided by these regulations, be deemed to be employed therein for the purposes of these regulations or of any proceedings thereunder: Provided that any young person employed- (a) solely in cleaning the premises or any part thereof of such industrial undertaking, otherwise than in cleaning which is incidental to or connected with any process; or (b) solely as a caretaker in such premises,shall not be deemed for the purposes of these regulations to be employed in such undertaking. (4) The application of these regulations to young persons who are registered apprentices under the Apprenticeship Ordinance (Cap 47) and their employers shall be subject to any specific provisions to the contrary in that Ordinance. (L.N. 229 of 1997) Cap 57C reg 4 Employment in underground work No person shall employ any young person on underground work in any mine or quarry, or in any other industrial undertaking involving a tunnelling operation. (L.N. 229 of 1997) Cap 57C reg 5 Employment in dangerous trades (1) No person shall employ any young person in any dangerous trade. (L.N. 91 of 2002) (2) In paragraph (1), "dangerous trade" (危险行业) has the meaning assigned to it in the Factories and Industrial Undertakings Ordinance (Cap 59). Cap 57C reg 6 Carrying of weights by young persons No young person employed in any industrial undertaking shall be permitted to carry any load which is unreasonably heavy having regard to the age and physical development of such young person; and in the case of a young person under the age of 16 years, such load shall not in any event exceed 18 kg in weight. (L.N. 229 of 1997) Cap 57C reg 7 Facilities for resting In any industrial undertaking in which young persons are employed, the employer shall provide (if practicable, having regard of the layout of the premises in question) and maintain for the use of all such young persons, whose work is done standing, suitable facilities for sitting sufficient to enable them to take advantage of any opportunities for resting which may occur in the course of their employment. (L.N. 229 of 1997) Cap 57C reg 8 General conditions as to hours of employment of young persons (1) Subject to these regulations, no employer shall employ any young person in any industrial undertaking unless the working hours, the period of employment and the intervals for meals and rest for such young person conform to the following conditions, namely- (a) the total hours worked shall neither exceed 8 in any day nor exceed 48 in any week; (b) the period of employment shall- (i) (Repealed L.N. 41 of 1988) (ii) not exceed 10 hours in any day and shall neither begin earlier than 7 a.m. nor end later than 7 p.m.; (iii) (Repealed L.N. 229 of 1997)(c) no young person shall be required or permitted to work continuously for a spell of more than 5 hours without thereafter an interval of not less than half an hour for a meal or rest; |