1552

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 1, 1940.

No. 1201

Control of

COLONIAL SECRETARY'S DEPARTMENT.

In exercise of the powers conferred on him by the Emergency Powers (Colonial Defence) Order in Council, 1939, and the Emergency Powers (Colonial Defence) (Amend-. ment) Order in Council, 1940, and all other powers enabling him in that behalf, His Excellency the Officer Administering the Government makes the following regulations which shall be inserted in and shall form part of The Defence Regulations, 1940, published as Government Notification 709 in the Gazette Extraordinary of 25th June, 1940, as subsequently amended---

51A. (1) A competent authority may, subject to any employment. general or special instructions of the Governor, direct any person in this Colony to perform such services in this Colony as may be specified by the direction, being services which that person is, in the opinion of the authority, capable of performing.

(2) Any services required by a direction given under this regulation to be performed shall be performed upon such terms as to remuneration and conditions of service as the competent authority may, in accordance with the provisions of this regulation, direct:

Provided that in determining the terms upon which any such services are to be performed the authority shall have regard to any rates of salary. fees or wages for the perform- ance of those services which appear to him to be usual, and, in particular, in the case of services usually rendered under a contract of service, shall have regard to any determination relating to the remuneration and conditions of service of persons employed in the district in the capacity and in the trade in which the person to whom the direction relates is to serve, being a determination contained in an agreement between organizations representative of employers and work- ers or in a decision of an arbitration board or other similar body or, in the absence of any such determination, shall have regard to the remuneration and conditions of service in practice prevailing among good employers in that trade in the

district.

(3) Any directions given by a competent authority under this regulation may, in accordance with his instructions, be given on his behalf by any person duly authorized in writing by him.

(4) A competent authority may, subject to any general or special instructions of the Governor, by order make provision for regulating the engagement of workers by em- ployers and the duration of their employment, and for giving effect to the foregoing provisions of this regulation, and may, in particular, provide by any such order—

(a) for requiring persons to register such particulars about themselves as may be prescribed by or under the order:

(b) for requiring persons carrying on any undertaking to keep such books, accounts and records relating to the under- taking as may be prescribed by or under the order;

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