TNAG-0087-FCO40-123-Conditions-of-employment-for-Hong-Kong-Chinese-working-in-th-1969 — Page 129

MAP

5th January 1967

2/6

ar Sir,

I am sorry it has not been possible to let you have an earlier reply to your letter of 2nd December regarding the terms of contracts for Chinese nationals who take employment in this country. I am advised that as this is a matter for the Hong Kong Government any representations on this subject should be addressed to the Commonwealth Office, Great Smith Street, S.W.1. In order to avoid further delay a copy of this correspondence is being sent to that Department with a request that they reply to you direct.

Regarding paragraph (3) of your letter, as stated in earlier correspondence a work permit is not a contract of service but a landing document and whilst a foreigner must take up employment with the employer to whom the permit was issued and is expected to remain with him for a reasonable period the Department has no power under the Aliens Order 1953 to compel a foreigner to remain with his permit employe any more than there is power to compel the employer to retai the services of the foreigner if he does not wish to do so. A foreigner on restrictive employment conditions mist, of course, obtain the permission of this Department before taking any femployment.

Mr. A. E. Say,

Chinese Restaurants Ltd.,

66, Brewer Street,

W.1.

Yours faithfully,

K. R. HEMSLEY