TNAG-2816-FCO40-4062-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 95

Report for the period 1st July 1981 to 30th June 1985

on the application in Hong Kong of the

CONTRACTS OF EMPLOYMENT

INDIGENOUS WORKERS CONVENTION, 1947 (HO. 86) which was ratified by the United Kingdom on 27th March 1950

This convention has been applied to Hong Kong with the modification that it is limited to manual workers only, by a declaration registered by ILO on 27th March 1950.

This is a full report by the Government of Hong Kong. It supersedes all previous reports on the application of this convention.

QUESTION I

The provisions of this convention are applied by

(a) The Employment Ordinance. Chapter 57, and

subsidiary legislations made thereunder;

(b) The Contracts for Overseas Employment

Ordinance, Chapter 78; and

(c) The Labour Tribunal Ordinance, Chapter 25,

and subsidiary legislation made thereunder.

Eight copies of (a) are attached to the current report on convention No. 105. Eight copies of (b) & (c) are attached herewith.

QUESTION II

Article 1

(a)

Under section 2 of the Contracts for Overseas Employment Ordinance, a "worker means "a person who has entered, or is about to enter, the employment of another under a contract to which that ordinance applies"; and a "manual worker" includes "personal and domestic servants".

Under section 4 of the Employment Ordinance, employees include all manual workers and all those non-manual workers whose wages do not exceed $9 500 per month. In the Labour Tribunal Ordinance, an employee is defined as "a person who has agreed to serve as an employee under a contract of employment".

(b) The term "employer", as defined under section 2 of Employment Ordinance, means "any person who has entered into a contract of employment to employ any other person as an employee and the duly authorised agent, manager or factor of such first mentioned person".

(c)

The terms "ordinances" and "regulations" refer to the laws in force in Hong Kong.

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