1923_EMPLOYERS_AND_SERVANTS_ORDINANCE__1902 — Page 5

HK Historical Laws 香港歷史法例 All AI Reviewed

EMPLOYERS AND SERVANTS.

No. 45 of 1902. 1447

19. The wages of a servant shall, in the absence of agreement to the contrary, be payable monthly.

Wages payable monthly.

20. No wages shall be payable to any servant for any period of his term of service during which he has undergone sentence of imprisonment.

Forfeiture of wages.

part of period contract.

21. If any servant under a written contract of service shall, during the continuance of such contract, have been in prison or sentenced to imprisonment, or shall have been convicted for having absented himself without leave, such period of imprisonment or absence shall be indorsed on the contract by the magistrate by whom such servant may be sentenced to imprisonment or before whom such servant shall be proved to have been absent without leave, and the period of such imprisonment or absence shall not be deemed to be a part of the service of such servant under written contract, and he shall be compellable, if his employer so requires, to serve for the full period for which he had contracted to serve, and he shall for such extended period continue to be under the provisions of this Ordinance.

22. On the hearing of any complaint under this Ordinance the parties to the contract of service and their husbands and wives shall be competent as witnesses.

Parties, their husbands and wives competent as witnesses.

23. Every contract of service in force at the coming into operation of this Ordinance shall be subject to the provisions thereof and the parties thereto shall be entitled to the benefit of such provisions.

Existing contracts.

24. Nothing in this Ordinance shall be construed to deprive an employer of his right to dismiss a servant summarily for cause, nor to deprive an employer or a servant of his civil remedy for the breach or non-performance of contract of service in any case where proceedings for such breach or non-performance are not instituted by him under this Ordinance.

25. Nothing in this Ordinance shall prevent the application of the criminal law to the parties to a contract of service, provided that no person be punished twice for the same offence; and any prosecution commenced under this Ordinance may be withdrawn before judgment and a fresh prosecution be instituted under the criminal law applicable to the circumstances.

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EMPLOYERS AND SERVANTS. No. 45 of 1902. 1447 19. The wages of a servant shall, in the absence of agreement to the contrary, be payable monthly. Wages payable monthly. 20. No wages shall be payable to any servant for any period of his term of service during which he has undergone sentence of imprisonment. Forfeiture of wages. part of period contract. 21. If any servant under a written contract of service shall, during the continuance of such contract, have been in prison or sentenced to imprisonment, or shall have been convicted for having absented himself without leave, such period of imprisonment or absence shall be indorsed on the contract by the magistrate by whom such servant may be sentenced to imprisonment or before whom such servant shall be proved to have been absent without leave, and the period of such imprisonment or absence shall not be deemed to be a part of the service of such servant under written contract, and he shall be compellable, if his employer so requires, to serve for the full period for which he had contracted to serve, and he shall for such extended period continue to be under the provisions of this Ordinance. 22. On the hearing of any complaint under this Ordinance the parties to the contract of service and their husbands and wives shall be competent as witnesses. Parties, their husbands and wives competent as witnesses. 23. Every contract of service in force at the coming into operation of this Ordinance shall be subject to the provisions thereof and the parties thereto shall be entitled to the benefit of such provisions. Existing contracts. 24. Nothing in this Ordinance shall be construed to deprive an employer of his right to dismiss a servant summarily for cause, nor to deprive an employer or a servant of his civil remedy for the breach or non-performance of contract of service in any case where proceedings for such breach or non-performance are not instituted by him under this Ordinance. 25. Nothing in this Ordinance shall prevent the application of the criminal law to the parties to a contract of service, provided that no person be punished twice for the same offence; and any prosecution commenced under this Ordinance may be withdrawn before judgment and a fresh prosecution be instituted under the criminal law applicable to the circumstances. Page 5 Page 6

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EMPLOYERS AND SERVANTS. No. 45 of 1902. 1447 19. The wages of a servant shall, in the absence of agree- Wages ment to the contrary, be payable monthly. payable monthly. 20. No wages shall be payable to any servant for any Forfeiture period of his term of service during which he has undergone of wages. sentence of imprisonment. part of period contract. 21. If any servant under a written contract of service Absence shall, during the continuance of such contract, have been while in prison or sentenced to imprisonment, or shall have been convicted for without leave having absented himself without leave, such period of im- not deemed prisonment or absence shall be indorsed on the contract by of service the magistrate by whom such servant may be sentenced to under written imprisonment or before whom such servant shall be proved to have been absent without leave, and the period of such imprisonment or absence shall not be deemed to be a part of the service of such servant, and he shall be compellable, if his employer so requires, to serve for the full period for which he had contracted to serve, and he shall for such extended period continue to be under the provisions of this Ordinance. 22. On the hearing of any complaint under this Ordinance Parties, their the parties to the contract of service and their husbands and wives shall be competent as witnesses. husbands and wives competent as witnesses. 23. Every contract of service in force at the coming into Existing operation of this Ordinance shall be subject to the provisions contracts. thereof and the parties thereto shall be entitled to the benefit of such provisions. in cases of 24. Nothing in this Ordinance shall be construed to Saving of deprive an employer of his right to dismiss a servant sum- civil remedy marily for cause, nor to deprive an employer or a servant of breach or his civil remedy for the breach or non-performance of non-perform- contract of service in any case where proceedings for such contract. breach or non-performance are not instituted by him under this Ordinance. any ance of 25. Nothing in this Ordinance shall prevent the applica- Saving of tion of the criminal law to the parties to a contract of service, criminal provided that no person be punished twice for the same in certain proceedings offence; and any prosecution commenced under this Ordi- cases. nance may be withdrawn before judgment and a fresh prosecution be instituted under the criminal law applicable to the circumstances. Page 5Page 6

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EMPLOYERS AND SERVANTS.

No. 45 of 1902. 1447

19. The wages of a servant shall, in the absence of agree- Wages ment to the contrary, be payable monthly.

payable monthly.

20. No wages shall be payable to any servant for any Forfeiture period of his term of service during which he has undergone of wages. sentence of imprisonment.

part of period

contract.

21. If any servant under a written contract of service Absence shall, during the continuance of such contract, have been while in

prison or sentenced to imprisonment, or shall have been convicted for without leave having absented himself without leave, such period of im- not deemed prisonment or absence shall be indorsed on the contract by of service the magistrate by whom such servant may be sentenced to under written imprisonment or before whom such servant shall be proved to have been absent without leave, and the period of such imprisonment or absence shall not be deemed to be a part of the service of such servant, and he shall be compellable, if his employer so requires, to serve for the full period for which he had contracted to serve, and he shall for such extended period continue to be under the provisions of this Ordinance.

22. On the hearing of any complaint under this Ordinance Parties, their the parties to the contract of service and their husbands and wives shall be competent as witnesses.

husbands and wives competent as witnesses.

23. Every contract of service in force at the coming into Existing operation of this Ordinance shall be subject to the provisions contracts. thereof and the parties thereto shall be entitled to the benefit of such provisions.

in cases of

24. Nothing in this Ordinance shall be construed to Saving of deprive an employer of his right to dismiss a servant sum- civil remedy marily for cause, nor to deprive an employer or a servant of breach or his civil remedy for the breach or non-performance of non-perform- contract of service in any case where proceedings for such contract. breach or non-performance are not instituted by him under this Ordinance.

any

ance of

25. Nothing in this Ordinance shall prevent the applica- Saving of tion of the criminal law to the parties to a contract of service, criminal provided that no person be punished twice for the same in certain

proceedings offence; and any prosecution commenced under this Ordi- cases. nance may be withdrawn before judgment and a fresh prosecution be instituted under the criminal law applicable to the circumstances.

1923_EMPLOYERS_AND_SERVANTS_ORDINANCE__1902 — Page 5

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