TNAG-0984-FCO40-1203-Immigration-from-China-to-Hong-Kong-1980 — Page 64

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Offence to be employer of a person who is not lawfully employable.

Employers to inspect documents of new employee.

(Cap. 177.)

(2) A requirement may ce made under subsection (1)—

(a) at any time prior to the appointed day in the case

of an employee who-

(i) is in Hong Kong; and

(ii) is not absent from work; or

(b) upon the first return to work of an employee who

between the day on which an order under sec tion_17F(1)(a) was last made and the appointed day.

(i) was outside Hong Kong; or

(ii) was absent from work.

(3) Where an employee fails-

(a) by the appointed day to comply with a requirement

made in accordance with subsection (2)(a); or

(b) within 72 hours of his return to work, to comply with a requirement made in accordance with sub- section (2)(b),

his employer shall be entitled to terminate the employment of such employee without notice or payment in lieu and no liability, either at common law or under any Ordinance, shall attach to the employer by reason of such termination or for any loss thereby suffered by the employee:

Provided that if at any time after the time limited by this subsection the employee produces to his employer for inspection any document which should have been produced within the time so limited, the employee's employment shall, if it has not already been terminated, cease upon such production to be liable to be terminated under this sub- section.

171. (1) Any person who is the employer of an em- ployee who is not lawfully employable commits an offence and is liable to a fine of $50,000 and to imprisonment for 1 year.

(2) It shall be a defence in proceedings for an offence under this section for the person charged to prove that the employee in respect of whom the offence is alleged to have been committed had been absent from work continuously from the date when section 17H last came into operation until 72 hours before the date of the alleged offence.

(3) It shall not be a defence in proceedings for an offence under this section that the employee entered the employment of the employer before the appointed day.

173. (1) No person shall in Hong Kong enter into a contract of employment to employ any other person unless he first inspects-

(a) the identity card held by such other person; (b) the official passport held by such other person; or (c) where such other person is not the holder of an identity card and is not required to be registered under the Registration of Persons Ordinance-