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Offence to be employer of a person who is not lawfully employable.
Employers to inspect
documents of new employee.
(Cap. 177.)
IMMIGRATION (AMENDMENT) (NO. 2) BILL
(2) A requirement may be made under subsect (a) at any time prior to the appointed day in
of an employee who-
(i) is in Hong Kong; and
(ii) is not absent from work; or
(1)—
case
(b) upon the first return to work of an employee who between the day on which an order under sec- tion 17F(1)(a) was last made and the appointed day-
(i) was outside Hong Kong; or
(ii) was absent from work.
(3) Where an employee fails—
(a) by the appointed day to comply with a requirement
made in accordance with subsection (2)(a); or
(b) within 72 hours of his return to work, to comply with a requirement made in accordance with sub- section (2)(b),
his employer shall be entitled to terminate the employment of such employee without notice or payment in lieu and no liability, either at common law or under any Ordinance, shall attach to the employer by reason of such termination or for any loss thereby suffered by the employee:
Provided that if at any time after the time limited by this subsection the employee produces to his employer for inspection any document which should have been produced within the time so limited, the employee's employment shall, if it has not already been terminated, cease upon such production to be liable to be terminated under this sub- section.
171. (1) Any person who is the employer of an em- ployee who is not lawfully employable commits an offence and is liable to a fine of $50,000 and to imprisonment for 1 year.
(2) It shall be a defence in proceedings for an offence under this section for the person charged to prove that the employee in respect of whom the offence is alleged to have been committed had been absent from work continuously from the date when section 17H last came into operation until 72 hours before the date of the alleged offence.
(3) It shall not be a defence in proceedings for an offence under this section that the employee entered the employment of the employer before the appointed day.
17J. (1) No person shall in Hong Kong enter into a contract of employment to employ any other person unless he first inspects—
(a) the identity card held by such other person; (b) the official passport held by such other person; or (c) where such other person is not the holder of an identity card and is not required to be registered under the Registration of Persons Ordinance-
Records to be kept by employers.
Powers of enforcement.
(Cap. 59.)
IMMIGRATION (AMENDMENT) (NO. 2) BILL
(i) a valid travel document;
(ii) a police warrant card;
(iii) a Vietnamese refugee card;
(iv) a certificate of exemption; or
(v) any other approved document,
held by him.
(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $50,000 and to imprison- ment for 1 year.
17K. (1) Every employer shall keep at the place of employment of each of his employees a record of
(a) the full name of the employee as shown in his identity card or other document by virtue of which he is lawfully employable; and
(b) the type of document held by the employee by virtue of which he is lawfully employable, and the number of that document.
(2) Every employer shall, where he employs more than 10 employees at any one place of employment, keep at that place the records of those employees in the form of a list of the names and particulars of those employees required under subsection (1).
(3) Every employer shall keep the record of each employee and every list required to be kept under sub- section (2)—
(a) up to date;
(b) in a form which is capable of being produced on
demand to a person authorized to inspect it; and
(c) in a form which is legible and capable of being readily understood by any person authorized to inspect it.
(4) In this section "place of employment", in relation to an employee who has no single place of employment, means his principal place of employment.
17L. (1) Every senior labour inspector and labour inspector appointed under section 3 of the Factories and Industrial Undertakings Ordinance shall, if in uniform or upon production of his authority if required, have authority to enter any premises or place where he has reasonable cause to believe that persons are in employment, other than such premises or place as are principally used for dwelling purposes, and-
(a) to call for, inspect and copy any record of em-
ployees; and
(b) to require an employee there to produce on demand for inspection any document which the employee is required by section 17C to have with him.
(2) Any immigration officer or immigration assistant and any police officer may, if in uniform or upon produc- tion of his authority if required, without prejudice to any other provision of this Ordinance or to any other law call for, inspect and copy any record of employees.
C477