Appolaem

of inspector. CIC.

Power of Governor ID

directloos.

Power of

COREY AND inspectBach.

Buy at

public officer MOI DA disclose source of complai

etc.

14

PART VIII

MISCELLANEOUS

33. The Governor may appoint inspectors and such other officers as he may consider necessary for carrying out the purposes of this Ordinance.

34. 0) The Governor may give to the Commissioner and to any public officer such directions as he thinks fit with respect to the performa- ance or exercise of their functions, duties or powers under this Ordinance, either generally or in any particular case,

(2) A person to whom a direction is given by the Governor voder subsection (1) shall, in the performance or exercise of his functions, duties or powers under this Ordinarice, comply with that direction.

35. The Commissioner and an inspector may, for the purposes of this Ordinance————

(a) enter, inspect and examine, by day or night, any premises or place in which he knows, or has reasonable cause to believe, thất an apprentice or a young person is employed;

(5) in any such case, take with him any person whom he may reason-

ably need to assist him:

(c) require the production, for purposes of inspection, of any record, return, report or other document relating to the employment of an apprentice or young person, and may take copies of any such document.

(d) make such examination and inquiry as may be necessary to as- certain whether the requirements of this Ordinance are complied with, and seize anything which may appear to be evidence of an offence under this Ordinance;

(e) examine, with respect to matters under this Ordinance, any person whom he finds in any premises or place which he is entitled under this section to enter, and require any such person to answer any questions relating to those matters and to make a statutory decla- ration as to the truth of the answers to those questions.

36, (1) Save as provided in subsection (4), no public officer shall disclose to any person, other than another poblic officer, the name or identity of any person who has made a complaint alleging a breach of any term or condition of a registered contract of apprenticeship or a contraven- tion of any provision of this Ordinance or as a result of which any such breach or contravention has come to his notice or to the notice of any other public officer.

(2) No public officer shall disclose to an employer of a registered apprentice or his representative that a visit to the premises or place where an apprentice is employed was made in consequence of the receipt of any such complaint as is referred to in subsection (1).

(3) Save as provided in subsection (4), where as a result of or jo connexion with the caforcement of a contract of apprenticeship or any provision of this Ordinance any manufacturing or commercial secret or any working process comes to the knowledge of a public officer, such officer shall not at any time (whether or not at the relevant time be is still a public officer) disclose such secret or process to any person.

(4) Where in any proceedings a court considers that justice so requires, the court may order the disclosure of the name or identity of any person who has made any such complaint as is referred to in subsection (1) or the disclosure of any such secret or process as is referred to in subsection (3).

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(3) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine of $2,000.

37. Any notice to be served or given or any document to be served Service of or sent under this Ordinance may, except where the Ordinance otherwise notices. provides, be given, sent or served by registered post.

Gourmanmer.

38. For the purposes of this Ordinance, the Commissioner may, by Retums to be notfer in writing served by registered post or by notice in the Gaterre, made to the require any employer or class of employera to make returns and reports in such form and at such times as he muy in such notice direct.

Commksoner.

39. Where a dispute arises between the parties to a registered contract Refchcock of of apprenticeship regarding an alleged breach of sny term or condition of it to the the contract, any such party may refer the dispute to the Commissioner who shall endeavour to settle it by conciliation.

48. (1) Any person aggrieved by a decision of the Commissioner or Appeal any public officer in the performance or exercise of any function, duty or othe power under this Ordinance may appeal to the Governor against the Dove decision.

(2) An appeal under subsection (1) shall be in writing sent to the Colonial Secretary within-

(n) 14 days after the date on which the aggrieved person was informed of the decision or be otherwise comes to know of the decision, whichever is the later; or

(b) such further period as the Governor may in any case allow. (3) On consideration of an appeal under subsection (1), the Governor may confirm, Vary or reverse the decision of the Commissioner or other public officer, or substitute therefor such other decision or make such other order as he thinks fit, which shall be final,

(4) Where a decision or order of the Governor under subsection (3) is in respect of a registered contract of apprenticeship, or a variation or assignment of such contract, the Commissioner shall enter such decision pr order in the register.

4t. Any person who obstructs the Commissioner, an inspector or any Oosterdon. person, authorized by the Commissioner in writing, performing or exercising any function, duty or power under this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprison- ment for 6 months.

42. (1) No prosecution for an offence under section 6, 12 or 19 shall Prosecudoa of be commenced without the consent in writing of the Commissioner.

(2) Before the Commissioner gives his consent to prosecute under subarction (1) he shall hear the person against whom the allegation is made, or give him an opportunity of being heard,

(3) A prosecution for any offence under this Ordinance may be con- ducted by an officer of the Labour Department authorized in that behalf in writing by the Commissioner.

(4) Nothing in this section shall derogate from the powers of the Attorney General in respect of the prosecution of criminal offences.

43. (1) A certificate—

(a) alating whether or not a contract of apprenticeship is registered

under this Ordinance; or

at CHCl

Evidence by certlileace.

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