TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 100

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tract as in force immediately before the death of the deceased employer by reason only that the personal representative would be substituted as the employer for the deceased employer; and (b) no account shall be taken of that substitution in determining

whether the refusal of the offer was unreasonable.

6. Where by virtue of subsection (1) of section 20M the death of the deceased employer is to be treated as a termination by him of the contract of employment, any reference in subsection (2) of that section to subsection (2) of section 20E shall be construed as including a refer- ence to paragraph 3.

7. Where by virtue of paragraph 3 the employee is treated as not having been dismissed by reason of a renewal or re-engagement taking effect after the death of the deceased employee, then-

(a) in determining, for the purposes of subsection (1) of section 20C, whether he has been employed under a continuous contract for the requisite period, the interval between the death and the date on which the renewal or re-engagement takes effect shall count as a period of employment with the personal representative of the deceased employer, if apart from this paragraph it would not count for that purpose as such a period of employment; and (b) in computing the period specified in subsection (1) of section 20C, the continuity of the employee's period of employment shall be treated as not being broken by any week which falls within that interval.

8. For the purposes of the application, in accordance with subsection (3) of section 20C, of Part IIIA of this Ordinance in relation to an employee who was employed as a domestic servant in, or in connexion with, a private household, any reference to a personal representative in this Part of this Schedule shall be construed as including a reference to any person to whom, otherwise than in pursuance of a sale or other disposition for valuable consideration, the management of the household has passed in consequence of the death of the deceased employer.

9. Subject to this Part of this Schedule, in relation to an employer who has died-

(a) any reference in Part IIIA of this Ordinance to the doing of anything by, or in relation to, an employer shall be construed as including a reference to the doing of that thing by, or in relation to, any personal representative of the deceased em- ployer; and

(b) any reference in Part IIIA of this Ordinance to a thing required or authorized to be done by, or in relation to, an employer shall be construed as including a reference to anything which, in accordance with any provision of Part IIIA of this Ordinance as modified by this Part of this Schedule (including sub-paragraph (a)), is required or authorized to be done by, or in relation to, any personal representative of his.

10. Where by virtue of Part IIIA of this Ordinance, as modified by this Part of this Schedule, a personal representative of the deceased