1964_APPRENTICESHIP_ORDINANCE — Page 23

HK Historical Laws 香港歷史法例 All AI Reviewed

22

CAP. 47]

Apprenticeship

[1982 Ed.

Prosecution of offences.

Evidence by certificate.

Power to extend age limit of

young persons.

42. (1) No prosecution for an offence under section 6, 12 or 19 shall be commenced without the consent in writing of the Director. (Amended, 13 of 1982, s. 11)

(2) Before the Director gives his consent to prosecute under subsection (1) he shall hear the person against whom the allegation is made, or give him an opportunity of being heard. (Amended, 13 of 1982, s. 11)

(3) A prosecution for any offence under this Ordinance may be conducted by an officer of the Technical Education and Industrial Training Department or the Labour Department authorized in that behalf in writing by the Director. (Replaced, 13 of 1982, s. 7)

(4) Nothing in this section shall derogate from the powers of the Attorney General in respect of the prosecution of criminal offences.

43. (1) A certificate—

(a) stating whether or not a contract of apprenticeship is

registered under this Ordinance; or

(b) containing a copy of any entry required to be made under

this Ordinance in the register,

and purporting to be signed by or on behalf of the Director shall be admitted in evidence without further proof on its production in any legal proceedings and—

(i) until the contrary is proved, it shall be presumed that the

certificate is so signed; and

(ii) the certificate shall be prima facie evidence of the facts

stated therein.

(2) A copy of a contract of apprenticeship or a variation document certified by or on behalf of the Director as a true copy of a contract of apprenticeship or variation document, as the case may be, shall be admitted in evidence without further proof on its production in any legal proceedings and—

(a) until the contrary is proved, it shall be presumed that the

certificate is so signed; and

(b) the certified copy of the contract of apprenticeship or variation document shall be prima facie evidence of its contents.

(Amended, 13 of 1982, s. 11)

44. (1) The Governor may, by notice in the Gazette, extend the upper age limit in the definition of “young person” in section 2 from 18 years to an age limit not exceeding 21 years.

(2) Sections 6 and 7 shall not apply to an employer in respect of a person who—

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22 CAP. 47] Apprenticeship [1982 Ed. Prosecution of offences. Evidence by certificate. Power to extend age limit of young persons. 42. (1) No prosecution for an offence under section 6, 12 or 19 shall be commenced without the consent in writing of the Director. (Amended, 13 of 1982, s. 11) (2) Before the Director gives his consent to prosecute under subsection (1) he shall hear the person against whom the allegation is made, or give him an opportunity of being heard. (Amended, 13 of 1982, s. 11) (3) A prosecution for any offence under this Ordinance may be conducted by an officer of the Technical Education and Industrial Training Department or the Labour Department authorized in that behalf in writing by the Director. (Replaced, 13 of 1982, s. 7) (4) Nothing in this section shall derogate from the powers of the Attorney General in respect of the prosecution of criminal offences. 43. (1) A certificate— (a) stating whether or not a contract of apprenticeship is registered under this Ordinance; or (b) containing a copy of any entry required to be made under this Ordinance in the register, and purporting to be signed by or on behalf of the Director shall be admitted in evidence without further proof on its production in any legal proceedings and— (i) until the contrary is proved, it shall be presumed that the certificate is so signed; and (ii) the certificate shall be prima facie evidence of the facts stated therein. (2) A copy of a contract of apprenticeship or a variation document certified by or on behalf of the Director as a true copy of a contract of apprenticeship or variation document, as the case may be, shall be admitted in evidence without further proof on its production in any legal proceedings and— (a) until the contrary is proved, it shall be presumed that the certificate is so signed; and (b) the certified copy of the contract of apprenticeship or variation document shall be prima facie evidence of its contents. (Amended, 13 of 1982, s. 11) 44. (1) The Governor may, by notice in the Gazette, extend the upper age limit in the definition of “young person” in section 2 from 18 years to an age limit not exceeding 21 years. (2) Sections 6 and 7 shall not apply to an employer in respect of a person who—
Baseline (Original)
22 CAP. 47] Apprenticeship [1982 Ed. Prosecution of offences. Evidence by certificate. Power to extend age limit of young persons. 42. (1) No prosecution for an offence under section 6, 12 or 19 shall be commenced without the consent in writing of the Director. (Amended, 13 of 1982, s. 11) (2) Before the Director gives his consent to prosecute under subsection (1) he shall hear the person against whom the allegation is made, or give him an opportunity of being heard. (Amended, 13 of 1982, s. 11) (3) A prosecution for any offence under this Ordinance may be conducted by an officer of the Technical Education and Industrial Training Department or the Labour Department authorized in that behalf in writing by the Director. (Replaced, 13 of 1982, s. 7) (4) Nothing in this section shall derogate from the powers of the Attorney General in respect of the prosecution of criminal offences. 43. (1) A certificate-- (a) stating whether or not a contract of apprenticeship is registered under this Ordinance; or (b) containing a copy of any entry required to be made under this Ordinance in the register, and purporting to be signed by or on behalf of the Director shall be admitted in evidence without further proof on its production in any legal proceedings and- (i) until the contrary is proved, it shall be presumed that the certificate is so signed; and (ii) the certificate shall be prima facie evidence of the facts stated therein. (2) A copy of a contract of apprenticeship or a variation document certified by or on behalf of the Director as a true copy of a contract of apprenticeship or variation document, as the case may be, shall be admitted in evidence without further proof on its production in any legal proceedings and-- (a) until the contrary is proved, it shall be presumed that the certificate is so signed; and (b) the certified copy of the contract of apprenticeship or variation document shall be prima facie evidence of its contents. (Amended, 13 of 1982, s. 11) 44. (1) The Governor may, by notice in the Gazette, extend the upper age limit in the definition of “young person" in section 2 from 18 years to an age limit not exceeding 21 years. (2) Sections 6 and 7 shall not apply to an employer in respect of a person who-
2026-05-04 06:25:18 · Baseline
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22

CAP. 47]

Apprenticeship

[1982 Ed.

Prosecution of offences.

Evidence by certificate.

Power to extend age limit of

young persons.

42. (1) No prosecution for an offence under section 6, 12 or 19 shall be commenced without the consent in writing of the Director. (Amended, 13 of 1982, s. 11)

(2) Before the Director gives his consent to prosecute under subsection (1) he shall hear the person against whom the allegation is made, or give him an opportunity of being heard. (Amended, 13 of 1982, s. 11)

(3) A prosecution for any offence under this Ordinance may be conducted by an officer of the Technical Education and Industrial Training Department or the Labour Department authorized in that behalf in writing by the Director. (Replaced, 13 of 1982, s. 7)

(4) Nothing in this section shall derogate from the powers of the Attorney General in respect of the prosecution of criminal offences.

43. (1) A certificate--

(a) stating whether or not a contract of apprenticeship is

registered under this Ordinance; or

(b) containing a copy of any entry required to be made under

this Ordinance in the register,

and purporting to be signed by or on behalf of the Director shall be admitted in evidence without further proof on its production in any legal proceedings and-

(i) until the contrary is proved, it shall be presumed that the

certificate is so signed; and

(ii) the certificate shall be prima facie evidence of the facts

stated therein.

(2) A copy of a contract of apprenticeship or a variation document certified by or on behalf of the Director as a true copy of a contract of apprenticeship or variation document, as the case may be, shall be admitted in evidence without further proof on its production in any legal proceedings and--

(a) until the contrary is proved, it shall be presumed that the

certificate is so signed; and

(b) the certified copy of the contract of apprenticeship or variation document shall be prima facie evidence of its contents.

(Amended, 13 of 1982, s. 11)

44. (1) The Governor may, by notice in the Gazette, extend the upper age limit in the definition of “young person" in section 2 from 18 years to an age limit not exceeding 21 years.

(2) Sections 6 and 7 shall not apply to an employer in respect of a person who-

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