1988 Ed.]
Employment
[CAP. 57
59
Payment of holiday pay, etc. in event of bankruptcy, etc.
43. For the purposes of section 38 of the Bankruptcy Ordinance (Cap. 6) and section 265 of the Companies Ordinance (Cap. 32), any holiday pay, annual leave pay, end of year payment or any proportion thereof, maternity leave pay or sickness allowance to which an employee is entitled shall, whenever the employee became or becomes entitled thereto, be deemed to be wages in respect of services rendered during the relevant period prescribed in the said section 38 or the said section 265 or in section 79 of the Companies Ordinance, as the case may be.
(Amended, 53 of 1977, s. 6; 22 of 1981, s. 10 and 48 of 1984, s. 21) (Part IX added, 39 of 1973, s. 5)
PART IXA
LIABILITY TO PAY WAGES OF SUB-CONTRACTOR'S AND NOMINATED SUB-CONTRACTOR'S EMPLOYEES
Interpretation and application
Interpretation
43A. (1) In this Part, unless the context otherwise requires-
"building works" means the construction, site formation, reconstruction, maintenance (including redecoration and external cleaning), repairs, alteration or demolition of the whole or any part of-
(a) any building, dock, pier, bridge, viaduct or other structure; or
(b) any harbour or port works, reclamation, road, tunnel, sewer, drain, well or waterworks,
and
any installation works in respect of such building works;
"main nominated sub-contractor" means a nominated sub-contractor who enters into a contract, express or implied, directly with a principal contractor to perform all or any part of the work which the principal contractor has contracted to perform;
"nominated sub-contractor" means-
(a) any person-
(i) who enters into a contract, express or implied, with a principal contractor to perform all or any part of the work which the principal contractor has contracted to perform; or
(ii) who enters into a contract, express or implied, to perform all or any part of the work which a person referred to in sub-paragraph (i) has contracted to perform,
who is nominated by an owner or occupier of property, or by an agent or authorized architect, surveyor or civil, municipal or structural engineer of such owner or occupier; and
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Page 61
1988 Ed.]
Employment
[CAP. 57
59
Payment of holiday pay, etc. in event of bankruptcy, etc.
43. For the purposes of section 38 of the Bankruptcy Ordinance (Cap. 6) and section 265 of the Companies Ordinance (Cap. 32), any holiday pay, annual leave pay, end of year payment or any proportion thereof, maternity leave pay or sickness allowance to which an employee is entitled shall, whenever the employee became or becomes entitled thereto, be deemed to be wages in respect of services rendered during the relevant period prescribed in the said section 38 or the said section 265 or in section 79 of the Companies Ordinance, as the case may be.
(Amended, 53 of 1977, s. 6; 22 of 1981, s. 10 and 48 of 1984, s. 21) (Part IX added, 39 of 1973, s. 5)
PART IXA
LIABILITY TO PAY WAGES OF SUB-CONTRACTOR'S AND NOMINATED SUB-CONTRACTOR'S EMPLOYEES
Interpretation and application
Interpretation
43A. (1) In this Part, unless the context otherwise requires-
"building works" means the construction, site formation, reconstruction, main- tenance (including redecoration and external cleaning), repairs, alteration or demolition of the whole or any part of-
(a) any building, dock, pier, bridge, viaduct or other structure; or
(b) any harbour or port works, reclamation, road, tunnel, sewer, drain,
well or waterworks,
and
any installation works in respect of such building works;
"main nominated sub-contractor" means a nominated sub-contractor who enters into a contract, express or implied, directly with a principal contractor to perform all or any part of the work which the principal contractor has contracted to perform;
"nominated sub-contractor" means-
(a) any person-
(i) who enters into a contract, express or implied, with a principal contractor to perform all or any part of the work which the principal contractor has contracted to perform; or
(ii) who enters into a contract, express or implied, to perform all or any part of the work which a person referred to in sub-paragraph (i) has contracted to perform,
who is nominated by an owner or occupier of property, or by an agent or authorized architect, surveyor or civil, municipal or structural engineer of such owner or occupier; and
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