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CAP. 57
Employment
SECOND SCHEDULE
[1988 Ed.
PROCEDURE FOR APPREHENSION OF ABSCONDING EMPLOYER
PART I
[s.67]
1. In this Part, the wages and moneys described in section 67(a) and (b) are referred to as "the debt".
2. An application under section 67 shall be as in Form 1 in Part II.
3. If a District Judge, after making such investigation as he considers necessary in respect of an application made under section 67, is satisfied that there is probable cause for believing that the employer is about to leave Hong Kong with intent to evade payment of the debt, he may issue a warrant as in Form 2 in Part II ordering that the employer be apprehended and brought before a District Judge to show cause why the employer should not be required to give security in accordance with paragraph 5. (Amended, 48 of 1984, s. 32)
4. If an employer who is brought before a District Judge in accordance with a warrant issued under paragraph 3 shows cause why he should not be required to give security in accordance with paragraph 5, the warrant shall be discharged and the employer shall be released.
5. (1) If an employer who is brought before a District Judge in accordance with a warrant issued under paragraph 3 does not show cause why he should not be required to give security in accordance with this paragraph, the District Judge may make an order requiring the employer to enter a bond, in accordance with sub-paragraph (3), for his appearance before a District Judge whenever called upon until he has paid to the employee the full amount of the debt.
(2) If the employer offers, in lieu of entering a bond under sub-paragraph (1), to secure the payment to the employee of the full amount of the debt by any other arrangement, the District Judge may accept such other arrangement as security for the payment to the employee of the full amount of the debt in lieu of the bond.
(3) A bond entered under sub-paragraph (1)-
(a) shall be in favour of the employee;
(b) shall be as in Form 3 in Part II;
(c) shall be for such sum, not exceeding the amount of the debt, as the District Judge may order; and
(d) shall be a bond with such number of sureties, approved by the District Judge, as the District Judge may order.
6. If an employer complies with an order made under paragraph 5(1), or secures the payment to the employee of the full amount of debt by any other arrangement under paragraph 5(2), the warrant issued under paragraph 3 shall be discharged and the employer shall be released.
7. If an employer fails to comply with an order made under paragraph 5(1), a District Judge may commit him to prison until the order is complied with or until the expiration of 3 months from the date of committal, whichever event occurs first.
8. (1) On the application of the employer, or of any surety for a bond entered under paragraph 5, a District Judge, if he is satisfied that any of the conditions specified in sub-paragraph (2) have been fulfilled, shall order as may be appropriate-
(a) that any warrant issued under paragraph 3 be discharged;
(b) that the employer, if apprehended or brought before a District Judge under paragraph 3, or committed to prison under paragraph 7, be released;
(c) that any bond entered under paragraph 5 shall be void (notwithstanding the conditions thereof); and
(d) that the employer be released from any arrangement made under paragraph 5(2).
(2) The conditions referred to in sub-paragraph (1) are--
(a) that the debt has been satisfied in full or has been abandoned;
(b) that no proceedings have been brought within 14 days after the application under section 67 to recover any part of the debt from the employer;
(c) that no proceedings brought to recover the debt or any part of the debt from the employer have been prosecuted diligently;
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