(Cap. 135)
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(5) to supply the labour of another person.
manual or otherwise, to an employer. whether or not the person who operates the business will derive any pecuniary or other ma- terial advantage from either the employer or such other person;
"licence" means a licence issued under section 28B
and "licensee" shall be construed accordingly:
(2) Subject to subsection (3), this Part shall apply to any employment agency which is carried on in Hong Kong, whether the employment is to take place within or outside Hong Kong.
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(3) This Part shall not apply to any employment
agency-
(a) which is carried on or subvented by Her Majesty's Government or the Hong Kong Government;
(b) which is carried on under the terms of a licence to maintain a crew department granted to any company under the Merchant Ship- ping (Recruiting of Seamen) Ordinance; (c) which is carried on solely for or in con- nexion with the employment of persons 10 whom, by virtue of paragraph (a) of subsec- tion (2) of section 3, this Ordinance does not apply:
(d) which is carried on solely for or in con- mexion with the employment of persons as domestic servants within Hong Kong:
(e) which is carried on by an employer for the sole purpose of recruiting persons for em. ployment on his own behalf;
(f) which is carried on by a contractor, or sub- contractor, who employs any person on work for another person;
(g) which is carried on by the proprietor of a newspaper or other publication if the opera- tion of an employment agency is non-profit making and is not the principal purpose of the publication of the newspaper or other publication:
(A) which is→→
(D) non-profit making:
Prohibitions
in respect of the
(ii) wholly maintained or managed by the owner, staff or students of a school, college. university or other educational institution recognized by the Director of Education; and
(iii) carried on solely for or in connexion with the employment of the students or gra- duates of such school, college, university or other educational institution; or
(A) subject to any regulations which may be applicable thereto, in respect of which a certificate of excmption has been issued. 28A. (1) No person shall operate, manage or assist in the management of an employment agency
operation of unless- employ- ment agencies.
Application for und issue of licences.
(a) he is the bolder of a licence or certificale of exemption issued in respect of the em- ployment agency; or
(b) he is in the employment of the bolder of a
licence or certificate of exemption.
(2) No person shall operate, manage or assist in the management of an employment agency at any place other than the place of business specified in the licence or certificate of exemption issued in respect of the employment agency.
(3) No person shall operate, manage or assist in the management of an employment agency-
(a) which obtains employment within Hong Kong unless the employment agency is licensed to do so under section 28B; (b) which obtains employment outside Hong Kong unless the employment agency is licensed to do so under section 28B.
288. (1) The Commissioner may issue a licence to operate an employment agency to any person who applies therefor in such manner as may be prescribed. (2) A licence issued under this section shall—
(a) be in the prescribed form;
(b) specify the place of business of the employ- ment agency in respect of which it is issued; and
(c) state whether the licence authorizes the employment agency to obtain employment within or outside Hong Kong.