1989 Ed.]
Immigration
[CAP. 115
35
production without further proof and, until the contrary is proved, it shall be presumed--
(a) that the certificate was signed by the Director; and
(b) that the employee in respect of whom the offence is alleged to have been committed was, at the date of the alleged offence, not lawfully employable. (Added 30 of 1989 s. 3)
173. Employers to inspect documents of new employee
(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 (Cap. 177)—
(i) a valid travel document;
(ii) (Repealed 31 of 1984 s. 6)
(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 imprisonment for 1 year.
17JA. Employers to inspect regularly Vietnamese refugee cards of employees and termination of employment
(1) Every employer shall, where he has in his employment any employee who is the holder of a Vietnamese refugee card, require such employee to produce for inspection the Vietnamese refugee card held by the employee on every occasion wages are paid by the employer to the employee to ensure that the employee is lawfully employable.
(2) Where an employee to whom subsection (1) applies—
(a) is the holder of a Vietnamese refugee card which prohibits him from taking employment; or
(b) fails or refuses to produce for inspection, within 72 hours of his being required to do so under subsection (1), the Vietnamese refugee card held by him,
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: