EN CLAIR
HW
1770
HONG KONG то
TELO 944
UNCLASSIFIED
COMMONWEALTH OFFICE
29 JULY 1968
DRAFT EMPLOYMENT BILL.
No. 63
30 JULIYOS
COPY
HWA 1016
THE BILL PROVIDES, AS A PROTECTION OF WAGES MEASURE, THAT WAGES
DUE TO AN EMPLOYEE SHALL BE PAID WITHIN SEVEN DAYS
(A) OF THE LAST DAY OF THE WAGE PERIOD:
(B) OF COMPLETION OF A CONTRACT OF EMPLOYMENT: OR
(C) OF TERMINATION OF A CONTRACT OF EMPLOYMENT,
AS THE CASE MAY BE. AN EMPLOYER WHO WILFULLY AND WITHOUT REASON-
ABLE EXCUSE FAILS OR REFUSES TO PAY WAGES WITHIN THE PRESCRIBED
PERIOD WOULD BE GUILTY OF AN OFFENCE AND LIABLE TO A FINE. AS A
SAFEGUARD AGAINST UNWARRANTED PROSECUTIONS THE BILL PROVIDES THAT
BEFORE A PROSECUTION IS COMMENCED,
(A) THE COMMISSIONER OF LABOUR HAS TO GIVE AN ALLEGED OFFENDER
AN OPPORTUNITY OF BEING HEARD BY HIM: AND
(B) THE COMMISSIONER HAS TO GIVE HIS CONSENT TO PROSECUTE.
IN PRACTICE NO SUCH CONSENT WOULD BE GIVEN WHERE IN THE OPINION
OF THE COMMISSIONER THE DEFAULT WAS NOT WILFUL OR NOT WITHOUT
REASONABLE EXCUSE,
2. THESE PROPOSALS HAVE AROUSED OPPOSITION BY TWO MEMBERS OF
EXECUTIVE COUNCIL (WHO ARE SOLICITORS) ON THE GROUNDS THAT THE
CREATION OF STATUTORY CRIMINAL OFFENCES FOR NON-PAYMENT OF WAGES
IS CONTRARY TO THE PRINCIPLES OF ENGLISH LAW, IT IS ARGUED THAT
A REMEDY OTHER THAN BY CRIMINAL PROCEEDINGS SHOULD BE PROVIDED
FOR RECOVERY OF WAGES, VIZ. BY ATTACHMENT OR DISTRESS.
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