### Employment of Children Regulations 《僱用兒童規例》

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.

### Employment of Children Regulations 《僱用兒童規例》

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) 

### Employment Ordinance 《僱傭條例》

1. Short title
This Ordinance may be cited as the Employment Ordinance.

### Employment Ordinance 《僱傭條例》

3. Meaning of continuous contract and onus of proof thereof
(1) In this Ordinance, continuous contract (連續性合約) means a contract of employment under which an employee is deemed by virtue of the provisions of the First Schedule to be in continuous employment.
(2) In any dispute as to whether a contract of employment is a continuous contract the onus of proving that it is not a continuous contract shall be on the employer.
(Added 5 of 1970 s. 4. Amended 71 of 1970 s. 2)

4. Application of Ordinance
(1) Subject to subsection (2) and section 69, this Ordinance applies to every employee engaged under a contract of employment, to an employer of such employee and to a contract of employment between such employer and employee.
(2) Subject to Part IVA, this Ordinance does not apply— (Amended 51 of 1974 s. 2)
(a) (Repealed 41 of 1990 s. 3)(b) to a person who is a member of the family of the proprietor of the business in which he is employed and who dwells in the same dwelling as the proprietor;
(c) to an employee as defined in the Contracts for Employment Outside Hong Kong Ordinance (Cap. 78); (Amended 33 of 1992 s. 15)
(d) to a person who is serving under a crew agreement within the meaning of the Merchant Shipping (Seafarers) Ordinance (Cap. 478), or on board a ship which is not registered in Hong Kong. (Replaced 44 of 1995 s. 143)
(e) (Repealed 8 of 1976 s. 49)(2A) This Ordinance shall not apply to contracts of apprenticeship registered under the Apprenticeship Ordinance (Cap. 47) except to the extent provided in that Ordinance. (Added 8 of 1976 s. 49)
(3) For the avoidance of doubt it is hereby declared that the provisions of section 5(3) shall not apply to any contract of employment made before 1 April 1965.

4A. Authorization of public officers
The Commissioner may in writing authorize any public officer or class of public officer to exercise or perform any or all of the powers, functions or duties conferred or imposed on the Commissioner under this Ordinance.
(Added 10 of 1980 s. 2)