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(A) in computing the period specified in section 318(1), the continuity of the employee's period of employment shall be treated as not being broken by any week which falls within that interval.

8. For the purposes of the application, in accordance with section 318(3), of Part VA of this Ordinance in relation to an employee who was employed as a domestic servant in, or in connexion with, a private house- hold, any reference to a personal representative in this Part of this Schedule shall be construed as including a reference to any person to whom, otherwise than in pursuance of a sale or other disposition for valuable consideration, the management of the household has passed in consequence of the death of the deceased employer,

9. Subject to this Part of this Schedule, in relation to an employer who has died-

(ơ) any reference in Part VA of this Ordinance to the doing of

anything by, or in relation to, an employer shall be construed as including a reference to the doing of that thing by, or in relation to, any personal representative of the deceased em- ployer; and

(b) any reference in Part VA of this Ordinance to a thing required or authorized to be done by, or in relation to, an employer shall be construed as including a reference to anything which, în accordance with any provision of Part VA of this Ordinance as modified by this Part of this Schedule (including sub-paragraph (a)), is required or authorized to be done by, or in relation to, any personal representative of bis.

10. Where by virtue of Part VA of this Ordinance, as modified by this Part of this Schedule, a personal representative of the deceased employer is liable to pay a severance payment or part of a severance payment, and that liability had not accrued before the death of the deceased employer, it shall be treated for all purposes as if it were a liability of the deceased employer which had accrued immediately before his death.

PART II

Death of Employee

11. Where an employer has given notice to an employee to terminate his contract of employment, and before that notice expires the employee dies, Part VA of this Ordinance shall apply as if the contract had been duly terminated by the employer by notice expiring on the date of the employee's death.

12. Where an employer has given police to an employee to terminate his contract of employment, and has offered to renew his contract of employment, or to re-engage him under a new contract, and—

(a) the employee dies without having either accepted or refused the

offer; and

(b) the offer has not been withdrawn before his death, subsection (2) or (as the case may be) subsection (3) of section 31C shall apply as if, for the words "the employee has unreasonably refused",

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there were substituted the words "it would have been unreasonable on the part of the employee to refuse".

13. In relation to the making of a claim by a personal representative of a deceased employee who dies before the end of the period of one month beginning with the relevant date, section 3IN shall apply with the substitution, for the words "oue manth", of the words "six months".

14. Subject to this Part of this Schedule, in relation to an employee who has died, any reference in Part VA of this Ordinance 10—

(a) the doing of anything by, or in relation to, au employee shall be construed as including a reference to the doing of that thing by, or in relation to, any personal representative of the deceased employee; and

(b) a thing required or authorized to be done by, or in relation to, an employee shall be construed as including à reference to any- thing which, in accordance with Part VA of this Ordinance as modified by this Part of this Schedule (including sub-paragraph (a)), is required or authorized to be done by, or in relation to, any personal representative of bis.

15. Any right of a personal representative of a deceased employee to a severance payment, where that right had not accrued before the employes's death, shall devolve as if it had accrued before his death.".

Passed by the Hong Kong Legislative Council this 14th day of August, 1974.

Momance.

Clerk to the Legislative Council.

This printed impression has been carefully compared

by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

интег

Clerk to the Legislative Council.

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