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walks out on his employer and his contract without giving due notice or wages in lieu. Now, Clause 9(a) places upon the employer a responsibility to provide a free return passage, etc., "on the termination or expiry of the contract". Does this provision place an overriding responsibility on the employer in whatever circumstances the contract comes to an end or is the word "termination" in this context to be defined solely in the terms of Clause 14? If the letter, then it seems to me that the employer would have no responsibility under the contract to repatriate the worker who just walks out on his contract. You are aware that Mr. Burn's Counsel has also advised that the worker walking out of his employment would not be in "default"; this seems largely irrelevant in relation to a contract that does not anywhere introduce the question of default by the worker, but would be relevant, of course if the contract did follow Section 5(2)(k) of the Ordinance.
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4. Mr. Burn has drawn attention to the fact that whereas certain clauses purport to place certain duties and functions on officials in this country (i.e. Clauses 7(a), 14(c), 17 and 19), the Departments concerned have said that they cannot co-operate to the extent indicated. It seems to me that revision of the model contract to take account of this is long overdue since the situation can only give rise to misunderstanding. We were aware of the situation two years ago. It is a matter which we ought now to take up with the Hong Kong Government.
5.
Would you please arrange for legal advisers to look at the issues raised in paragraphs 2 and 3 above. I have made an addition to the draft to take account of the point mentioned in paragraph 4, which we should follow up when the letter to Mrs. Jeger has issued.
7 March, 1968
6.5. Carter
(W.S. Carter)