TNAG-0984-FCO40-1203-Immigration-from-China-to-Hong-Kong-1980 — Page 197

G.F. 316

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17F to 17N) is to prevent the employment of any person who

is not "lawfully employable" i.e. who is not the holder of an

identity card or, in the case of a person exempt from the

provisions of the Registration of Persons Ordinance, of a valid

travel document, a police warrant card, a Vietnamese refugee

card or a certificate exempting the holder from registering

under that Ordinance by reason of old age, blindness or

infirmity (new section 17G(2)).

6.

New section 17I(1) prohibits the employment of persons

Since some employees may be

who are not lawfully employable.

absent from work when new section 17I comes into effect, and

employers will not have had the opportunity to determine whether such persons are lawfully employable, a special defence is given

by new section 171(2).

7.

New section 17H contains provisions to enable

employers to establish whether existing employees are lawfully

employable and, if not, to dismiss them summarily. This new

section provides in subsections (2)(b) and (3)(b) for an

extended period in which it may be established whether existing

employees who are absent from work when new section 171 becomes

operative, are lawfully employable.

8.

New section 17J requires all employers to inspect

the documents of prospective employees before taking them on

as employees. The sanction is the same as that provided for

in new section 171, namely, a fine of $50,000 and imprisonment

for 1 year.

9.

New section 17K requires employers to keep records

of their employees, and new section 17L gives labour inspectors

and senior labour inspectors power to inspect the records and

also employees' proof of identity.

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