G.F. 316
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17F to 17N) is to prevent the employment of any person who
is not "lawfully employable" i.e. who is not the holder of an
identity card or, in the case of a person exempt from the
provisions of the Registration of Persons Ordinance, of a valid
travel document, a police warrant card, a Vietnamese refugee
card or a certificate exempting the holder from registering
under that Ordinance by reason of old age, blindness or
infirmity (new section 17G(2)).
6.
New section 17I(1) prohibits the employment of persons
Since some employees may be
who are not lawfully employable.
absent from work when new section 17I comes into effect, and
employers will not have had the opportunity to determine whether such persons are lawfully employable, a special defence is given
by new section 171(2).
7.
New section 17H contains provisions to enable
employers to establish whether existing employees are lawfully
employable and, if not, to dismiss them summarily. This new
section provides in subsections (2)(b) and (3)(b) for an
extended period in which it may be established whether existing
employees who are absent from work when new section 171 becomes
operative, are lawfully employable.
8.
New section 17J requires all employers to inspect
the documents of prospective employees before taking them on
as employees. The sanction is the same as that provided for
in new section 171, namely, a fine of $50,000 and imprisonment
for 1 year.
9.
New section 17K requires employers to keep records
of their employees, and new section 17L gives labour inspectors
and senior labour inspectors power to inspect the records and
also employees' proof of identity.
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