XN000022-1982-03-10 — Page 9

WEDNESDAY, MARCH 10, 1982

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IN REPLY TO MR CHEN'S POINTS, THE SECRETARY FOR EDUCATION, THE HON K.W.J. TOPLEY GAVE ASSURANCE THAT THE RETENTION OF THE COMMISSIONER FOR LABOUR AS THE AUTHORITY FOR REGULATIONS 8, 9, 10 AND 11 WOULD NOT MEAN ADDITIONAL WORK FOR EMPLOYERS.

+NOR WILL EMPLOYERS, IN THE ORDINARY COURSE OF EVENTS BE VISITED BY INSPECTORS OF TWO DEPARTMENTS IN RESPECT OF REGISTERED APPRENTICES, HE ADDED.

MR TOPLEY SAID THE COMMISSIONER HAD INDICATED HE WOULD DELEGATE HIS POWERS UNDER REGULATIONS 8, 9, 10 AND 11 TO INSPECTORS

FOR: AS DEFINED IN SECTION 33 OF THE PRINCIPAL ORDINANCE AND OTHER PUBLIC OFFICERS OF THE NEW DEPARTMENT AS APPROPRIATE.

THE COMMISSIONER HOWEVER REMAINED THE AUTHORITY FOR THESE REGULATIONS AND WOULD MONITOR EVENTS THROUGH REGULAR REPORT FROM THE NEW DEPARTMENT.

REFERRING TO CLAUSES 10 AND 11 OF THE BILL. HE SAID IT WAS CORRECT THAT CLAUSE 10 WOULD AMEND SECTION 47 OF THE MAIN ORDINANCE SO THAT REGULATIONS IN FUTURE WOULD BE MADE BY THE DIRECTOR OF TECHNICAL EDUCATION AND INDUSTRIAL TRAINING WITH THE APPROVAL OF THE COMMISSIONER OF LABOUR,

+SOME OF THE REGULATIONS DEAL WITH MATTERS WHICH SHOULD REMAIN WITHIN THE GENERAL RESPONSIBILITIES OF THE COMMISSIONER OF LABOUR, E.G. CONDITIONS OF EMPLOYMENT SUCH AS HOURS OF WORK, THE PAYMENT OF WAGES ETC.

+ IN ORDER TO AVOID DUPLICATION OF POWERS WITHIN THE SECTION ESPECIALLY IN VIEW OF THE WIDERANGING POWERS IN SECTION 47(1)(1), I THINK IT IS CORRECT THAT ALL THE REGULATIONS SHOULD BE MADE BY THE DIRECTOR WITH THE APPROVAL OF THE COMMISSIONER.

+THIS APPEARS TO TIE THE HANDS OF THE DIRECTOR BUT THIS IS BETTER THAN NOT TYING HIS HANDS AT ALL IN THE SORT OF CASES TO WHICH I HAVE REFERRED, HE SAID.

MR CHEN'S SUGGESTION THAT +WITH THE APPROVAL OF + SHOULD BE REPLACED BY +IN CONSULTATION WITH WOULD NOT REQUIRE THE DIRECTOR TO FOLLOW THE COMMISSIONER'S ADVICE OVER THESE MATTERS AND HE BELIEVED THIS WOULD BE WRONG, MR TOPLEY SAID.

+ I FEEL THAT THE WORDING OF THIS CLAUSE IS BEST LEFT AS SHOWN IN THE BILL,+ HE SAID.

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