Powers of enforccroent.
(Cap. 59)
Offences
place the records of those employees in the form of a list of the names and particulars of those employees required under subsection (1).
(3) Every employer shall keep the record of each employee and every list required to be kept under sub- section (2)—
(a) up to date;
(6) in a form which is capable of being produced on
demand to a person authorized to inspect it; and
(e) in a form which is legible and capable of being readily understood by any person authorized to inspect it.
(4) In this section "place of employment", in relation to an employee who has no single place of employment, means his principul place of employment,
17L (1) Every senior labour inspector and labour inspector appointed under section 3 of the Factories and Industrial Undertakings Ordinance shall, if in uniform or upon production of his authority if required, have authority To enter any premises or place where he has reasonable cause to believe that persons are in employment, other than such premises or place as are principally used for dwelling purposes, and-
(a) to call for inspect and copy any record of em-
ployees; and
(6) to require an employee there to produce on demand for inspection any document which the employee is required by section 17C to have with him.
(2) Any immigration officer or immigration assistant and any police officer may, if in uniform or upon produc- tion of his authority if required, without prejudice to any other provision of this Ordinance or to any other law call for, inspect and copy any record of employees.
17M. (1) Any person who-
(2) contravenes section 17K(1), (2) or (3); or
(b) fails to produce for inspection a record of em-
ployees when lawfully required to do so, commits an offence and is liable to a fine of $10,000.
(2) Any person who fails or refuses to produce for inspection a document the production of which is required under section 172(1)(8) commits an offence and is liable to a fine of $1,000,
(3) Any person who obstructs any public officer in the execution of his duty under this Part commits an offenco and is liable to a fine of $10,000 and to imprisonment for G months:
Provided that it shall be a defence in proceedings for an offence under this subsection for the person charged to prove that he did not act unreasonably having regard to all the circumstances of the offence charged.
Prescottic.
9
17N, Any person who is found at a place where em- ployees are in the employment of an employer shall, unless it is proved that he is lawfully employable, be presumed until the contrary is proved-
(a) to have entered into a contract of employment to
be employed by that employer; and
(6) to be an employee of that employer.”.
4. Section 19 of the principal Ordinance is repealed and replaced by the following-
"Power to order remowl.
19. (1) A removal order may be made against a person requiring him to leave Hong Kong-
(o) subject to subsection (3), by the Governor if it appears to him that that person is an undesirable immigrant who has been ordinarily resident in Hong Kong for less than 3 years, or
(b) subject to subsection (2), by the Director if in
appears to him that that person-
(1) might have been removed from Hong Kong under section 1801) if the time limited by section 18(2) had not passed; or
(i) has committed or is committing an offence under section 38(1) or section 41, whether or not that person has been convicted of such offence and whether or not the time within which any prosecu- Ikon may be brought has expired.
(2) A removal order shall not be made under sub- section (1H5)(i) against a person who has the right to land in Hong Kong by virtue of section 8(1).
(3) A removal order shall not be made under subsec- Lion (1)(2) against an immigrant who is a United Kingdom belonger except after consideration by the Governor of the report of a Deportation Tribunal under section 23, unless the Governor certifies that the departure of the immigrant from Hong Kong is necessary in the interest of the security of Hong Kong or for political reasons affecting the relations of Her Majesty's Government in the United Kingdom with another country,
(4) A removal order made against a person shal) invalidate any permission or authority to land or remain in Hong Kong given to that person before the order is made or while it is in force.
(5) Where the Director makes a removal order he shall cause written notice to be served as soon as is practicable on the person against whom it is made informing him- (a) of the ground on which the order is made; and 18) that if he wishes to appeal he must do so by giving to an immigration officer or immigration assistant written notice of his grounds of appeal and the facts upon which he relies within 24 hours of receiving the notice of the order.
(6) In this section "Director" means the Director of Immigration or the Deputy Director of Immigration.".
Repeal and replacement of Keccion 19.
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