TNAG-1068-FCO40-1318-Resettlement-of-Vietnamese-refugees-from-Hong-Kong-in-the-UK-1981 — Page 92

CONFIDENTIAL

機密

6.

15

The amendments in clauses 4 to 7 provide

for effective means to prevent Vietnamese refugees,

whose condition of stay prohibits them from taking

employment, from taking employment or from continuing

in employment.

7.

Clause 5 amends section 17G(2) of the

principal Ordinance to provide that a person who is

the holder of a Vietnamese refugee card is lawfully

employable only if the card does not contain a

prohibition from taking employment.

8.

Clause 6 reproduces subsection (2) of section

171 of the principal Ordinance with an additional

special defence to employers in cases where a Vietnamese

refugee is not lawfully employable, subsequently after

his employment commences, as a result of the imposition

of a prohibition against employment.

9.

Clause 7 introduces new section 17JA in the

principal Ordinance requiring employers to inspect,

at the time of payment of wages to employees who are

Vietnamese refugees, the Vietnamese refugee cards

held by such employees to ensure that they remain

lawfully employable, and entitles an employer to dismiss

summarily a Vietnamese refugee who is the holder of

a Vietnamese refugee card which prohibits employment

or who fails or refuses to produce for inspection by

his employer the Vietnamese refugee card held by him.

The section also gives the employer adequate protection

from liability where he so dismisses such employees.

CONFIDENTIAL

機密