TNAG-0966-FCO40-1185-Legislation-for-employment-in-Hong-Kong-1980 — Page 201

Enclosure No. 4

A BILL

To

Amenu the Employment Ordinance.

Enacted by the Governor of Hong Kong, with the advice and consent

of the Legislative Council thereof.

1. This Ordinance may be cited as the Employment (Amendment) Short title and Ordinance 1980 and shall come into operation on a day to be appointed commencement. by the Governor by notice in the Gazette.

2. The principal Ordinance is amended in Part I by adding, after Addition of section 4, the following-

"Authorization

of public officers.

Governor may give directions.

3.

new sections 4A and 4B.

4A. The Commissioner may in writing authorize any (Cap. 57.) public officer or class of public officer to exercise or perform any or all of the powers, functions or duties conferred or imposed on the Commissioner under this Ordinance.

4B. (1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by any public officer of any powers, functions or duties under this Ordinance.

(2) A public officer shall, in the exercise or performance of his powers, functions or duties under this Ordinance, comply with any directions given by the Governor under subsection (1).".

Section 16 of the principal Ordinance is repealed.

Repeal of section 16.

4. Section 50(3) of the principal Ordinance is amended by deleting Amendment of paragraph (d).

section 50.

5. Section 63(5) of the principal Ordinance is amended by deleting Amendment of “or 47(1)” and substituting the following-

“, 47(1), 72A(1), (2) or (3) or 72B(a) or (b)”.

6. Section 72 of the principal Ordinance is amended-

(a) in subsection (1)—

(i) by deleting the full stop at the end and substituting a semicolon; and

(ii) by adding, after paragraph (c), the following-

"(d) examine, either alone or in the presence of any other person, as he thinks fit, respecting matters under this Ordinance, any person whom he finds in any place of employment, or whom he has reasonable cause to believe has been within the preceding 2 months employed in any place of employment, or require any such person to be so examined and to sign a declaration of the truth of the matters respecting which he has been so examined; (e) require the production of any contract of employment, wage accounts, registers, or other documents kept by the employer concerning any of his employees;

require any person who employs or has employed any employee or any agent or servant of any such employer to give to him all information in the possession of such

section 63.

Amendment of section 72.