of
THE HONGKONG GOVERNMENT GAZETTE, 5TH FEBRUARY, 1898.
(a.) That sufficient time to enable such labourer to be returned as aforesaid has
not elapsed since the termination of his contract of service; or
(b.) That such labourer had entered into a new and subsequent contract of service as hereinafter mentioned, and that such employer had had no notice or insufficient notice of the termination of such contract; or
(c.) That such labourer has refused to return as aforesaid, or has otherwise prevented such return, and such employer has given notice, in writing, of such refusal or prevention as soon as practicable to the chief officer of police of the district wherein such employer resides, and to the Magis- trate to whom the undertaking was given in pursuance of this Act.
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into fresh contract.
23. (1.) ON or before the termination by effluxion of time, rescission or otherwise Labourer may enter any contract of service made under this Act or the Act hereby repealed, the labourer who was a party to such contract may, with the written approval of the Magistrate, enter into a new and subsequent contract for service for any period not exceeding three years, under any employer or person willing to employ him; but such new and subsequent service shall not commence before the date of the termination of the previous contract.
contract.
(2.) No such new and subsequent contract shall be valid or have any effect unless- Requisites of
(u.) The consent in writing of the last employer of the labourer making such
contract is obtained thereto; and
(b.) A copy of such contract is, as soon as practicable after the making thereof, sent to the Magistrate to whom the undertaking was given as required by this Act, and a copy of such contract is also given to the labourer making such contract; and
(c.) Such contract is in writing and contains all the specifications and stipul- ations required in a contract for service as hereinbefore provided, and bears an indorsement containing the like particulars as are required in the case of an original contract; and
(d.) Such contract is signed, or marked in lieu of signature, by the contracting parties in the presence of an attesting witness who has no interest directly or indirectly in the subject matter thereof.
24. WHENEVER any labourer, being a party to a contract for service under this Act or under the Act hereby repealed, is sentenced to any term of imprisonment-
(1.) If the contract expires after the time of the committal of the offence in respect of which such punishment is imposed, and before the termination of such imprisonment, such labourer shall, on the termination of his imprisonment, be sent back to the port or place from which he was shipped at the expense of the first employer of such labourer, and may be detained in custody until he can be placed on board ship.
(2) If the contract is unexpired at the termination of such imprisonment, such labourer shall be sent back to the place of employment under such contract at the expense of the employer of the labourer thereunder.
Provided that no wages shall be payable to such labourer during the period of his im- prisonment; and provided further that it shall be optional with the employer to compel such labourer to remain in his service under his agreement for a further period equal to the aggregate terms of imprisonment served by him during the term of his agreement.
When labourer has served term of imprisonment and contract is termi- send him back.
nated, employer to
25. EVERY employer shall forthwith report, in writing, to a Magistrate, or any Runaway labourers police constable, the desertion of any labourer from his employment or disappearance to be reported, therefrom for a period of three days, and if such employer shall neglect to make such report within seven days after such desertion or disappearance, he shall, on conviction, be subject to a penalty not exceeding Twenty-five pounds.
labourer deserting
contract,
26. ANY labourer brought into this Colony under this Act, or the Act hereby Police may arrest repealed, who has deserted the employment in respect of which he has entered into a con- employment or not tract, before the termination by effluxion of time, rescission as aforesaid, or otherwise of being under such contract, and any such labourer who, after the date of such termination, is found within the limits of the Colony and does not produce, when required so to do, a copy of an unexpired contract for service made under the Act or the Act hereby repealed, may arrested without any other warrant than this Act, by any member of the police force, and detained in custody until he is returned to the port or place from which he was shipped or is otherwise dealt with at the expense of the employer as herein provided.
be