1988 Ed.]
Employment
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(3) Subject to subsection (1), a prosecution for any offence under this Ordinance may be brought in the name of the Commissioner and may be commenced and conducted by any officer of the Labour Department authorized in that behalf in writing by the Commissioner. (Replaced, 48 of 1984, s. 27)
(4) Nothing in this section shall derogate from the powers of the Attorney General in respect of the prosecution of criminal offences.
Service of summons
64A. (1) Any summons relating to an offence alleged to have been committed under this Ordinance by an employer may be served by leaving a copy of the summons with some person for him at the place of employment mentioned in the summons.
(2) Any such summons may be addressed to "the employer" without specifying the name of the employer.
(3) Any summons relating to an offence alleged to have been committed under this Ordinance by an employee may be served by leaving a copy of the summons either with some person for him at his last or usual place of abode or with some person for him at his place of employment mentioned in the summons.
(4) Any summons relating to an offence alleged to have been committed under this Ordinance by a company may be served by leaving a copy of the summons at, or sending it by registered post to, the registered office of the company.
(Added, 48 of 1984, s. 28)
Liability for outstanding wages
65. (1) An employer convicted of an offence under this Ordinance shall, in addition to any fine imposed under section 63, if the court before which the conviction was obtained so orders, pay any wages or other sum outstanding at the time of the conviction and in respect of which the offence was committed.
(2) Where the employer is acquitted of an offence under section 63(1) on grounds that his default was not wilful or not without reasonable excuse, the court may, if it finds that any wages or other sums in respect of which the charge was brought are due, order the employer to pay such wages or other sums.
PART XIV
MISCELLANEOUS
Wages not to be attached
66. No order for the attachment of wages, or, in the case of an employee to whom Part IIA applies, any end of year payment or proportion thereof, of an employee shall be made by any court:
1988 Ed.]
Employment
[CAP. 57
77
(3) Subject to subsection (1), a prosecution for any offence under this Ordinance may be brought in the name of the Commissioner and may be commenced and conducted by any officer of the Labour Department authorized in that behalf in writing by the Commissioner. (Replaced, 48 of 1984, s. 27)
(4) Nothing in this section shall derogate from the powers of the Attorney General in respect of the prosecution of criminal offences.
Service of summons
64A. (1) Any summons relating to an offence alleged to have been committed under this Ordinance by an employer may be served by leaving a copy of the summons with some person for him at the place of employment mentioned in the summons.
(2) Any such summons may be addressed to "the employer" without specifying the name of the employer.
(3) Any summons relating to an offence alleged to have been committed under this Ordinance by an employee may be served by leaving a copy of the summons either with some person for him at his last or usual place of abode or with some person for him at his place of employment mentioned in the
summons.
(4) Any summons relating to an offence alleged to have been committed under this Ordinance by a company may be served by leaving a copy of the summons at, or sending it by registered post to, the registered office of the company.
(Added, 48 of 1984, s. 28)
Liability for outstanding wages
65. (1) An employer convicted of an offence under this Ordinance shall, in addition to any fine imposed under section 63, if the court before which the conviction was obtained so orders, pay any wages or other sum outstanding at the time of the conviction and in respect of which the offence was committed.
(2) Where the employer is acquitted of an offence under section 63(1) on grounds that his default was not wilful or not without reasonable excuse, the court may, if it finds that any wages or other sums in respect of which the charge was brought are due, order the employer to pay such wages or other sums.
PART XIV
MISCELLANEOUS
Wages not to be attached
66. No order for the attachment of wages, or, in the case of an employee to whom Part IIA applies, any end of year payment or proportion thereof, of an employee shall be made by any court:
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