XCR(80)32/X
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- 2
Proposed, section 4A in clause 2 empowers the Commissioner for Labour to delegate to any public officer or class of officer any of his powers, functions or duties under the Employment Ordinance. In line with general policy, proposed section 4B in clause 2 empowers the Governor to give directions, either generally or in any particular case, with respect to the exercise or performance by any public officer of any powers, functions or duties under the Ordinancé..
Posting of notices
5
For many years the Labour Department has regularly produced posters and notices containing various abstracts of labour legislation for distribution to employers. Under section 4(1)(h) of the Factories and Industrial Undertakings Ordinance, the Commissioner for Labour has the powerpower to require the posting up of any notice in connection with the
provisions of that Ordinance. A similar provision in respect of the Employment Ordinance is now proposed in new section 72(1)(h) in clause 6, but it is the Commissioner for Labour's intention that small establishments with insufficient wall space will not be forced to comply rigidly with the requirement.
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Disclosure of information by public officers
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Certain provisions similar to those in section 5 of the Factories and Industrial Undertakings Ordinance, are included in proposed section 72A in clause 7. These include the duty of public officers not to disclose sources of complaint (except in those cases where the consent of the person who has made the complaint has been given) or information on any manufacturing or commercial secret or any working process which comes to their knowledge in the course of their duties.
Protection for employees who give evidence against their employer
7
Proposed section 72B in clause 7 gives protection to employees who come forward to give evidence against their employer. Without this provision it will not be possible to enforce the Employment Ordinance and its regulations effectively. This provision is similar to section 6 of the Factories and Industrial Undertakings Ordinance.
Amendment of section 73 of the Ordinance
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Clause 8 amends section 73 of the Ordinance to enable regulations to be made: