【法规名称】
【法规编号】 82249 什么是编号？
【正 文】
CAP 57B EMPLOYMENT OF CHILDREN REGULATIONS
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(Cap 57, section 73) [1 September 1979] (L.N. 195 of 1979) Cap 57B reg 1 Citation These regulations may be cited as the Employment of Children Regulations. Cap 57B reg 2 Interpretation In these regulations, unless the context otherwise requires- "day" (天) means a period of 24 hours beginning and ending at midnight; "employer" (雇主) or "person" (人) includes a proprietor; (L.N. 84 of 1980) "industrial undertaking" (工业经营) has the meaning assigned to it in the Factories and Industrial Undertakings Ordinance (Cap 59); (L.N. 84 of 1980) "parent" (父母), in relation to a child, includes a guardian and the person having actual custody of the child; "proprietor" (东主) has the meaning assigned to it in the Factories and Industrial Undertakings Ordinance (Cap 59); (L.N. 84 of 1980) "school" (学校) , in relation to a child, means a primary or secondary school within the meaning of the Education Ordinance (Cap 279) and at which the child is a pupil at the relevant time; "school attendance certificate" (在学证明书) means a certificate, in a form specified by the Permanent Secretary for Education and Manpower, issued by the principal of a school, certifying that the child to whom it relates is attending at the school; (3 of 2003 s. 41) "secondary education" (中学教育) has the meaning assigned to it in the Education Ordinance (Cap 279); "week" (星期) means the period between midnight on Saturday night and midnight on the succeeding Saturday night. Cap 57B reg 3 Application (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 (Cap 47). (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. (L.N. 84 of 1980) (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. (L.N. 84 of 1980) Cap 57B reg 4 General prohibition of employment of children (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) subject to paragraph (3), in any industrial undertaking. (L.N. 390 of 1990)(2) The prohibition in paragraph (1)(b) extends to an industrial undertaking (other than a registered school under the Education Ordinance (Cap 279)) which is not carried on by way of trade or for the purposes of gain. (3) The prohibition in paragraph (1)(b) shall not extend to the industrial undertaking of preparation of food for consumption and sale on the premises where it is prepared. (L.N. 390 of 1990) Cap 57B reg 5 Children who have attained 13 years and completed Form III of secondary education (1) Subject to regulation 4(1)(b) and (3) and to paragraph (2), a child who has completed Form III of secondary education shall not be employed unless- (L.N. 390 of 1990) (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 III 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. Cap 57B reg 6 Children who have attained 13 years but not completed Form III of secondary education (1) Subject to regulation 4(1)(b) and (3) and to paragraph (2), a child who has not completed Form III of secondary education shall not be employed unless- (L.N. 390 of 1990) (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) notwithstanding regulation 4(3), in any occupation specified in the Schedule; (L.N. 390 of 1990) (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; |
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