XN000022-1996-05-29 — Page 55

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Reply:

Mr President,

All applications for imported workers under the Government's importation of labour schemes, including the Supplementary Labour Scheme, the Special Labour Importation Scheme for the New Airport and Related Projects (ACP Scheme) and the Pilot Scheme for the entry of PRC professionals for employment must be made by the employers of imported workers direct. Applications under the ACP Scheme from sub- contractors of ACP contracts who are direct employers of workers are made by the Principal Contractor on their behalf. Any applications for imported workers which are submitted by any other parties will not be accepted.

My answers to the specific questions are as follows:

(a)

According to Part XII of the Employment Ordinance, a person who operates a business for the purpose of obtaining employment for another person, or supplying the labour of another person to an employer, is defined as an 'employment agency'. The Ordinance also provides that any person who wishes to operate, manage or assist in the management of an 'employment agency' has to obtain a licence or a certificate of exemption issued by the Commissioner for Labour. It follows that any company which is engaged in the activities of an 'employment agency', whether it is facilitating the recruitment of local or imported workers will be subject to these legislative provisions.

The Labour Department pays regular inspections to all the licensed employment agencies to ensure that they comply with the legislative provisions governing their operations. Any employment agency which is found to be engaged in activities deviating from the purpose under which the licence was issued may have its licence revoked or its application for licence renewal refused by the Commissioner for Labour.