amount of debt by any other arrangement under sub-paragraph (2) of paragraph 5, the warrant issued under paragraph 3 shall be discharged and the employer shall be released.
7. If an employer fails to comply with an order made under sub- paragraph (1) of paragraph 5, a District Judge may commit him to prison until the order is complied with or until the expiration of three months from the date of committal, whichever event occurs first,
8. (1) On the application of the employer, or of any surety for a bond entered under paragraph 5. a District Judge, if he is satisfied that any of the conditions specified in sub-paragraph (2) have been fulfilled, shall order as may be appropriate-
(2) that any warrant issued under paragraph 3 be discharged;
(b) that the employer, if apprehended or brought before a District Judge under paragraph 3, or committed to prison under paragraph 7. be released;
(c) that any bond entered under paragraph 5 shall be void (notwith-
standing the conditions thereof); and
(d) that the employer be released from any arrangement made under
sub-paragraph (2) of paragraph 5.
(2) The conditions referred to in sub-paragraph (1) are--
(a) that the debi has been satisfied in full or has been abandoned;
(b) that no proceedings have been brought within fourteen days after the application under section 34A to recover any part of the debt from the employer:
(c) that no proceedings brought to recover the debt or any part of
the debt from the employer have been prosecuted diligently;
(d) that all proceedings brought to recover the debt or any part of the debt from the employer have been finally struck our or discussed.
9 (1) Any surety for a bond entered under paragraph 5 may at any lime apply to a District Judge to be discharged from his obligation under the bond.
(2) On receipt of an application under sub-paragraph (1), the District Judge shall call upon the employer to appear before a District Judge.
(3) On the appearance of the employer before the District Judge, the District Judge shall order the surety by whom the application under sub- paragraph (1) is made to be discharged from his obligation under the bond, and shall order the employer to provide another surety or sureties, approved by the District Judge, for the bond.
(4) If an employer is ordered under sub-paragraph (3) to provide an approved surety or sureties for à bond, the provisions of paragraphs 6 and 7 shall apply as if the order were an order made under sub-paragraph (1) of paragraph 5.
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3
10. No fees shall be payable to the District Court in respect of or in connexion with an application made under section 34A or under para- graph 8 or 9.
PART II.
FORM 1.
[Employment Ordinance, Second Schedule, Part I, paragraph 2.)
APPLICATION FOR WARRANT FOR APPREHENSION OF ABSCONDING EmploYER.
Tule.
IN THE DISTRict Court of Hong Kong.
Held t
No.
of 19.........
IN THE MATTER of an application under section 34A of the Employ- ment Ordinance, for a warrant for the apprehension of angene
EX PÄÄTE
L
of
an employer.
an employee.
(addrars of spifommu
apply for the issue of a warrant in accordance with paragraph 3 of Part 1 of the Second Schedule to the Employment Ordinance in respect
of
(kaumer of employer)
(occupation at employer?
of
2. The grounds for my application are
radareas of employer)
(c) that I am an employee/former employee?1) of
employer)
(b) that
Éname of employer)
Thank
is the employer/former
employer) of each person specified in the First Columa of the Schedule; and
(c) that the employer owes to such employees the wages and/or(0) other moneys specified in the Second Column of the Schedule opposite their names, by reason of the facts specified in the Third Column of the Schedule.
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