1964_EMPLOYMENT_ORDINANCE — Page 82

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

[CAP. 57

81

person who has made any such complaint as is referred to in subsection (1) or the disclosure of any such secret or process as is referred to in subsection (3).

(Added, 10 of 1980, s. 7)

Employment not to be terminated, etc. by reason of fact that employee has given evidence in proceedings under Ordinance, etc.

72B. No employer shall terminate, or threaten to terminate, the employment of, or in any way discriminate against, any of his employees by reason of the fact that the employee has-

(a) given evidence, or agreed to give evidence, in any proceeding for the enforcement of this Ordinance; or

(b) given information to a public officer in any inquiry made by such officer for the purposes of or in connection with the enforcement of this Ordinance.

(Added, 10 of 1980, s. 7)

Presumptions

72C. In any prosecution under this Ordinance--

(a) where the age of any person at any time is material for the purposes of any provision of this Ordinance, his age at the material time shall be deemed to be or have been that which appears to the court or magistrate, after considering any available evidence, to be or to have been his age at that time;

(b) if the charge alleges the contravention of any of the provisions of this Ordinance prohibiting or controlling the employment of women, young persons or children and the defendant in such prosecution is the employer at the place of employment in or in respect of which the offence is alleged to have been committed, it shall, until the contrary is proved, be presumed that any woman, young person or child to whom the charge relates and who was employed in the place of employment on the day on which the offence is alleged to have been committed was employed therein on that day by such employer.

(Added, 10 of 1980, s. 7)

Regulations

73. (1) The Governor in Council may make regulations for all or any of the following purposes―

(a) prohibiting or controlling the employment of persons or any class of persons in any industry, occupation or trade;

(b) requiring records to be kept and forms to be maintained in respect of employees or any class of employees employed in any industry, occupation or trade;

(c) imposing obligations for securing compliance with the provisions of this Ordinance upon employers, their agents or servants, and upon employees;

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1988 Ed.] [CAP. 57 81 person who has made any such complaint as is referred to in subsection (1) or the disclosure of any such secret or process as is referred to in subsection (3). (Added, 10 of 1980, s. 7) Employment not to be terminated, etc. by reason of fact that employee has given evidence in proceedings under Ordinance, etc. 72B. No employer shall terminate, or threaten to terminate, the employment of, or in any way discriminate against, any of his employees by reason of the fact that the employee has- (a) given evidence, or agreed to give evidence, in any proceeding for the enforcement of this Ordinance; or (b) given information to a public officer in any inquiry made by such officer for the purposes of or in connection with the enforcement of this Ordinance. (Added, 10 of 1980, s. 7) Presumptions 72C. In any prosecution under this Ordinance-- (a) where the age of any person at any time is material for the purposes of any provision of this Ordinance, his age at the material time shall be deemed to be or have been that which appears to the court or magistrate, after considering any available evidence, to be or to have been his age at that time; (b) if the charge alleges the contravention of any of the provisions of this Ordinance prohibiting or controlling the employment of women, young persons or children and the defendant in such prosecution is the employer at the place of employment in or in respect of which the offence is alleged to have been committed, it shall, until the contrary is proved, be presumed that any woman, young person or child to whom the charge relates and who was employed in the place of employment on the day on which the offence is alleged to have been committed was employed therein on that day by such employer. (Added, 10 of 1980, s. 7) Regulations 73. (1) The Governor in Council may make regulations for all or any of the following purposes― (a) prohibiting or controlling the employment of persons or any class of persons in any industry, occupation or trade; (b) requiring records to be kept and forms to be maintained in respect of employees or any class of employees employed in any industry, occupation or trade; (c) imposing obligations for securing compliance with the provisions of this Ordinance upon employers, their agents or servants, and upon employees;
Baseline (Original)
1988 Ed.] Employment [CAP. 57 81 person who has made any such complaint as is referred to in subsection (1) or the disclosure of any such secret or process as is referred to in subsection (3). (Added, 10 of 1980, s. 7) Employment not to be terminated, etc. by reason of fact that employee has given evidence in proceedings under Ordinance, etc. 72B. No employer shall terminate, or threaten to terminate, the employ- ment of, or in any way discriminate against, any of his employees by reason of the fact that the employee has- (a) given evidence, or agreed to give evidence, in any proceeding for the enforcement of this Ordinance; or (b) given information to a public officer in any inquiry made by such officer for the purposes of or in connection with the enforcement of this Ordinance. (Added, 10 of 1980, s. 7) Presumptions 72C. In any prosecution under this Ordinance-- (a) where the age of any person at any time is material for the purposes of any provision of this Ordinance, his age at the material time shall be deemed to be or have been that which appears to the court or magistrate, after considering any available evidence, to be or to have been his age at that time; (b) if the charge alleges the contravention of any of the provisions of this Ordinance prohibiting or controlling the employment of women, young persons or children and the defendant in such prosecution is the employer at the place of employment in or in respect of which the offence is alleged to have been committed, it shall, until the contrary is proved, be presumed that any woman, young person or child to whom the charge relates and who was employed in the place of employment on the day on which the offence is alleged to have been committed was employed therein on that day by such employer. Regulations ( Added, 10 of 1980, s. 7) 73. (1) The Governor in Council may make regulations for all or any of the following purposes― (a) prohibiting or controlling the employment of persons or any class of persons in any industry, occupation or trade; (b) requiring records to be kept and forms to be maintained in respect of employees or any class of employees employed in any industry, occupation or trade; (c) imposing obligations for securing compliance with the provisions of this Ordinance upon employers, their agents or servants, and upon employees;
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1988 Ed.]

Employment

[CAP. 57

81

person who has made any such complaint as is referred to in subsection (1) or the disclosure of any such secret or process as is referred to in subsection (3).

(Added, 10 of 1980, s. 7)

Employment not to be terminated, etc. by reason of fact that employee has given evidence in proceedings under Ordinance, etc.

72B. No employer shall terminate, or threaten to terminate, the employ- ment of, or in any way discriminate against, any of his employees by reason of the fact that the employee has-

(a) given evidence, or agreed to give evidence, in any proceeding for the

enforcement of this Ordinance; or

(b) given information to a public officer in any inquiry made by such officer for the purposes of or in connection with the enforcement of this Ordinance.

(Added, 10 of 1980, s. 7)

Presumptions

72C. In any prosecution under this Ordinance--

(a) where the age of any person at any time is material for the purposes of any provision of this Ordinance, his age at the material time shall be deemed to be or have been that which appears to the court or magistrate, after considering any available evidence, to be or to have been his age at that time;

(b) if the charge alleges the contravention of any of the provisions of this Ordinance prohibiting or controlling the employment of women, young persons or children and the defendant in such prosecution is the employer at the place of employment in or in respect of which the offence is alleged to have been committed, it shall, until the contrary is proved, be presumed that any woman, young person or child to whom the charge relates and who was employed in the place of employment on the day on which the offence is alleged to have been committed was employed therein on that day by such employer.

Regulations

( Added, 10 of 1980, s. 7)

73. (1) The Governor in Council may make regulations for all or any of the following purposes―

(a) prohibiting or controlling the employment of persons or any class of

persons in any industry, occupation or trade;

(b) requiring records to be kept and forms to be maintained in respect of employees or any class of employees employed in any industry, occupation or trade;

(c) imposing obligations for securing compliance with the provisions of this Ordinance upon employers, their agents or servants, and upon employees;

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