Cap. 57 sub. leg. B

Employment of Children Regulations(Cap. 57, section 73) [1 September 1979](Format changes—E.R. 1 of 2021) 1. Citation These regulations may be cited as the Employment of Children Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—day (天) means a period of 24 hours beginning and ending at midnight;employer (僱主) or person (人) includes a proprietor; (L.N. 84 of 1980)industrial undertaking (工業經營) 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 (東主) has the meaning assigned to it in the Factories and Industrial Undertakings Ordinance (Cap. 59); (L.N. 84 of 1980)school (學校), 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 (在學證明書) means a certificate, in a form specified by the Permanent Secretary for Education, 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; L.N. 130 of 2007)secondary education (中學敎育) 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. 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) 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) 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. 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;(f) 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 (上課日子) 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 (上課時間) 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 (學期) 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 (暑假) means the period between school terms. 7. Records to be kept by employers 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. Requirements as to certificates, medical examination etc. 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 registered medical practitioner or registered Chinese medicine practitioner. (16 of 2006 s. 11) 9. Offences and penalties (1) Any person who contravenes regulation 4(1)(a) or (b) commits an offence and is liable to a fine at level 5. (24 of 1988 s. 4)(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 at level 5. (24 of 1988 s. 4)(3) Any person who contravenes any of the provisions of regulation 7 commits an offence and is liable to a fine at level 5. (24 of 1988 s. 4)(4) Any person who fails to comply with a requirement made by any officer under regulation 8 commits an offence and is liable to a fine at level 3. (24 of 1988 s. 4)(103 of 1995 s. 28) 10. (Repealed 56 of 2000 s. 3) 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 section 15 of the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132 sub. leg. BK), in the handling for gain or profit of any refuse in any public place. (78 of 1999 s. 7) 3. In the handling or delivery of any dangerous goods to which section 3 of the Dangerous Goods Ordinance (Cap. 295) 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 fixed odds betting or pari-mutuel betting, cash sweep or lottery is organized or conducted. (17 of 2006 s. 23) 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.