TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 94

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re-engagement by the previous owner (without any substitution of the new owner for the previous owner).

(3) If the new owner offers to renew the em- ployee's contract of employment (with the substitu- tion of the new owner for the previous owner) or to re-engage him under a new contract of employment, but the employee refuses the offer, subsection (2) or (3) of section 20D (as the case may be) shall have effect, subject to subsection (4), in relation to that offer and refusal as it would have had effect in rela- tion to the like offer made by the previous owner and a refusal of that offer by the employee.

(4) For the purposes of the operation, in accor- dance with subsection (3), of subsection (2) or (3) of section 20D in relation to an offer made by the new

owner-

(a) the offer shall not be treated as one whereby the provisions of the contract as renewed, or of the new contract, as the case may be, would differ from the corresponding provi- sions of the contract as in force immediately before the dismissal by reason only that the new owner would be substituted for the previous owner as the employer; and (b) no account shall be taken of that substitution in determining whether the refusal of the offer was unreasonable.

(5) This section shall have effect (subject to the necessary modifications) in relation to a case where-

(a) the person by whom a business, or part of a business, is owned immediately before a change is one of the persons by whom (whether as partners, trustees or otherwise) it is owned immediately after the change; or (b) the persons by whom a business, or part of a business, is owned immediately before a change (whether as partners, trustees or otherwise) include the person or one or more of the persons by whom it is owned immediately after the change,

as this section has effect where the previous owner and the new owner are wholly different persons.