1961-HKRS28-8-28_Part03 — Page 21

Addition of new sections 4A and 48.

the subject of the process therein, shall be deemed to be employed therein for the purposes of this Ordinance or any proceedings thereunder.".

3.

The principal Ordinance is amended by the addition thereto, after section 4, of the following new sections—

"Duty of

public officers

nal to disclose source of complaint,

CK.

Employment art to be terminated,

etc. by reason

of fact that employee has given evidence in proceedings under

Ordinance,

ctc.

4A. (1) Save as provided in subsection (4), no public officer shell disclose to any person, other than another public officer, the name or identity of auy person who has made a complaint alleging a contravention of any of the provisions of this Ordinance or as a result of which a contravention of any such provision has come to his notice or to the notice of any other public officer.

(2) No public officer shall disclose to the proprietor of an industrial undertaking or his representative or to any other employer who is carrying on business in the industrial undertaking or his representative that a visit to the indus trial undertaking 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, arising out of, or in connexion with, the enforcement of any of the provisions of this Ordinance, any manufacturing or com- mercial secret or any working process comes to the knowl- edge of a public officer, such officer shall not at any time and notwithstanding that he is no longer a public officer disclose such secret or process to any person.

(4) Where in any proceedings a court or a magistrate considers that justice so requires, the court or magistrate 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).

4B. No employer shall terminate, or threaten to terminate, the employment of, or in any way discriminate against, any of his employees by reason of the fact that the employee has

(a) given evidence, or agreed to give evidence, in any proceeding for the enforcement of any of the pro- visions of this Ordinance; or

(6) given information to a public officer in any inquiry made by such officer for the purposes of or in connexion with the enforcement of any of the provisions of this Ordinance.”.

4.

3

Section 8 of the principal Ordinance is amended by the inser- Amendment tion therein, after subsection (3), of the following new subsection-

"(4) Any person who contravenes any of the provisions of subsection (1), (2) or (3) of section 4A shall be guilty of an offence and shall be liable to a fine of two thousand dollars."*.

5. Section 13 of the principal Ordinance is amended by- (a) the deletion of the full stop at the end thereof and the sub-

stitution therefor of a semi-colon; and

(b) the insertion thercia of the following acw paragraph-

(c) if the charge alleges the contravention of any of the provisions of this Ordinance prohibiting or controlling the employment of women, young persons or children and the defendant in such prosecution is the pro- prietor of the industrial undertaking in or in respect of which the offence is alleged to have been com- mitted, it shall, until the contrary is proved, be presumed that any woman, young person or child to whom the charge relates and who was employed in the industrial undertaking on the day on which the offence is alleged to have been committed was employed therein on that day by such proprietar.".

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 13th day of December, 1961, and is found by me to be a true and correctly printed copy of the said Bill,

(Secretariat GR16/2961/461)

Shaman

Deputy Clerk of Councils.

of section 8.

Amendment of section 13.