1968-HKRS28-8-35_Part02 — Page 33

Interpretation.

Сир. 78.3

Offences and penalty.

Prosecution of offences

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(e) prescribing the records to be kept and returns to be made to the Commissioner by employment agencies.

30. In this Part- "employment agency" means any person who acts as an inter- mediary for the purpose of procuring or obtaining employ- ment for another person or supplying the labour of another person, manual or otherwise, to an employer whether or not with a view to deriving either directly or indirectly any pecuniary or other material advantage from either the employer or any such other person, but does not mean a contractor who employs any person on work for another person:

"overseas contract" has the meaning assigned to it in the Con-

tracts for Overseas Employment Ordinance.

PART VIII.

OFFENCES AND PENALTIES,

31. (1) Any employer who wilfully and without reasonable excuse contravenes any of the provisions of section 13, 14 or 15 shall be guilty of an offence.

(2) Any person who contravenes any of the provisions of section 16, 17, subsection (2) of section 18, section 19, 20, 21, 22, 23, subsection (1) of section 25 or section 28 shall be guilty of an offence,

(3) Any person who fails to comply with the requirements of a notice in writing or a notice published in the Gazette under subsection (1) of section 26 shall be guilty of an offence.

(4) A person who is guilty of an offence under this section shall be liable on conviction to a fine of five thousand dollars.

32. (1) No prosecution for an offence under subsection (1) of section 31 shall be commenced without the consent in writing of the Commissioner.

(2) Before the Commissioner gives his consent to prosecute under subsection (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 section 31 may be conducted 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.

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33. (1) An employer convicted of an offence under this Ordinance shall, in addition to any fine imposed under section 31, if the court before which the conviction was obtained so orders. pay any wages or other sum outstanding at the time of the conviction and in respect of which the offence was committed.

(2) Where the employer is acquitted of an offence under sub- section (1) of section 31 on grounds that his default was not wilful or not without reasonable excuse, the court may, if it finds that any wages or other sums in respect of which the charge was brought are due, order the employer to pay such wages or other

SUITE.

PART IX.

MISCELLANEOUS.

34. No order for the attachment of wages of an employee shall be made by any court:

Provided that a civil debt due to the Crown under any enact- ment may be recovered from the wages of an employee by attachment or otherwise.

35. Save as is otherwise provided in this section, any agree- ment or contract of employment entered into between an employer and an employee, which is valid and in force at the commence- ment of this Ordinance, shall continue to be in force and, subject to any express conditions contained in any such agreement or contract, the parties thereto shall be subject to and entitled to the benefit of the provisions of this Ordinance:

Provided that where any express condition in the agreement or contract is contrary to the provisions of this Ordinance, the cxpress condition shall be void.

36. The Employers and Servants Ordinance is repealed.

37. The Contracts for Overseas Employment Ordinance is amended-

(d) by deleting, in paragraph (d) of subsection (1) of section 10, "subsection (1) of section 14" and substituting there- for the following--

"section 28 of the Employment Ordinance 1968"; and

(b) by repealing Part 111.

Liability for outstanding

wages.

Wages not to be attached.

Saving au to existing

contracts of service.

Repeal (Cmp. 57,)

Consequential amendment of Cap. 78.