1976-HKRS28-16-24_Part01 — Page 38

Applenilom of Ordinance.

Fanciloo

of the Corralesioner.

"designated trade" means # trade or occupation specified to be a

designated trade under section 45;

"employer" meaŋ--

(0) a person who is engaged in a trade, occupation or business

and who employs any other person as his employee; and

(8) the duly authorized agent, manager or factor of such firs

mentioned person;

I

"guardian", in relation to an apprentice who is a minor, means the person who is a party to a contract of apprenticeship under Section 9 as his guardian: "inspector" means any person appointed under section 33 as an inspector; “party”, in relation to a contract of apprenticeship, means any person who

is a party to the contract under section (9; "register" means the register of contracts of Apprenticeship maintained by

the Commissioner ünder this Ordinance;

"registered contract of apprenticeship" means a contract of apprenticeship registered under this Ordinance or a contract to which section 19(1) applies, and "registered apprentice" means an apprentice who is a party to any such contraet;

"technical institution" means the Hong Kong Polytechnic and any institu- tion operated by the Education Department or approved by the Director of Education which provides technical education in subjects appropriate to designated trades:

"variation document" means a document varying a registered contract of

apprenticeship referred to in section 21:

"young person" means a person of or over the age of 14 years and under the age of 19 years or such other age as may be determined by the Governor under section 44.

This Ordinance shall not apply to say young person who is, or is to be, engaged for or employed in service in any capacity at sen in a ship.

PART II

FUNCTIONS OF THE COMMISSIONER

*() in relation to the employment and training of apprentices in designated trades and apprentices who are parties to contracts of apprenticeship registered under section 17, the Commissioner shall—

(a) co-operate with technical institutions for the purpose of ensuring

that such apprentices obtain the necessary" instruction appro priate to the trade to which they are apprenticed;

(b) ensure that adequate facilities are provided by employers for the

training of such apprentices,

(c) ensure that the training of such apprentices is properly carried out; (d) inquire into the progress and welfare of such apprentices;

(e) investigate complaints from employers or such apprentices, alleged breaches of contracts of apprenticeship or contraventions of this Ordinance:

(generally advise and assist employers in the employment and

Training of such apprentices.

(2) The Commissioner shall recommend to organizations representing the interests of employers the taking of such steps as are desirable to ensure that there are a sufficient number of employees skilled in designated trades to satisfy the requirement for such employees.

3

Commer.

5. (1) Subject to subsection (3), the Commissioner may, either Delegation generally or in any particular case, delegate to an inspector or any other by be public officer the performance or exercise on his behalf of any of the functions, duties or powers imposed or conferred upon him under this Ordinance.

(2) Where any function, duly or power under this Ordinance is performed or exercised by an inspector or any other public officer, the Commissioner shall, onless the contrary is proved, be deemed to have delegated to the inspector or other public officer under subsection (1) the performance or exercise of the function, duty or power.

(3) The Commissioner shall not delegate his powers under sections 46 and 47.

6.

PART HI

APPRENTICESENTS

(1) Subject to subsection (2) and section 7. an employer may employ a young person in a designated trade only if the young person-

(a) is an apprentice under a valid contract of apprenticeship in

accordance with section 8; or

(5) has completed an apprenticeship, and is in possession of a

certificate of completion, in that trade.

(2) The Commissioner may, on application made to him in writing by an employer, excmpt the employer in writing from the provisions of sub- section (1)

(a) in redan to any young person, if the Commissioner is satisfied that the young person has undergone sufficient training in the designated trade in which he is to be or is employed;

(8) if the employer is, in the opinion of the Commissioner, unable to give any young person adequate training in the designated trade in which he is to be or is employed; ör

() if the Commissioner with the advice of the Hong Kong Training Council is, for any other reason, of the opinion that that sub- section shall not apply to the employer.

(3) Any employer who contravenes subaselion (1) shalt he guilty

of an offence and shall be liable on conviction to a fine of $5,000.

Employment of in delmat pad trades.

počuje prefika

palmy perkNDS.

T. (1) Where a young person is in employment as an apprentice Exudes under a contract of apprenticeship in a trade or occupation on the date cumployment of when such trade or occupation is specified as a designated trade, the employer may continue to employ such apprentice if→

(a) the contract has beed registered under section 17; or

(2) the contract is under section 18(1) not required to be registered. (2) Where a young person is in employment as so apprentice under & contract of apprenticeship in a trade or occupation on the date when such trade or occupation is specified as a designated trade and sub- section (1) does not apply to such contract, the employer shall-

(0) register the contract under section 16(1); or

(b) obtain an exemption from registration under section 18(2) (3) Where a young person is in employment in a trade or occupa- tion but not under a contract of apprenticeship on the date when such trade or occupation is specified as a designated trade, the employer sball within 60 days after the date on which the trade or occupation is so specified (or such further time as the Commissioner may permit)-