34
CAP. 115]
Immigration
[1989 Ed.
(3) Where an employee fails-
(a) by the appointed day to comply with a requirement made in
accordance with subsection (2)(a); or
(b) within 72 hours of his return to work, to comply with a
requirement made in accordance with subsection (2)(b),
his employer shall be entitled to terminate the employment of such employee without notice or payment in lieu and no liability, either at common law or under any Ordinance, shall attach to the employer by reason of such termination or for any loss thereby suffered by the employee:
Provided that if at any time after the time limited by this subsection the employee produces to his employer for inspection any document which should have been produced within the time so limited, the employee's employment shall, if it has not already been terminated, cease upon such production to be liable to be terminated under this subsection.
171.
Offence to be employer of a person
who is not lawfully employable
(1) Any person who is the employer of an employee who is not lawfully employable commits an offence and is liable to a fine of $50,000 and to imprisonment for 1 year.
(2) It shall be a defence in proceedings for an offence under this section for the person charged to prove that the employee in respect of whom the offence is alleged to have been committed-
(a) had been absent from work continuously from the date when section 17H last came into operation until 72 hours before the date of the alleged offence; or
(b) is the holder of a Vietnamese refugee card, that at the time the contract of employment was entered into with the employee the Vietnamese refugee card held by the employee did not prohibit the employee from taking employment and that the person charged had no knowledge that the Vietnamese refugee card held by the employee was, after the contract of employment was entered into, replaced by a new Vietnamese refugee card prohibiting the employee from taking employment. (Replaced 35 of 1981 s. 7)
(3) It shall not be a defence in proceedings for an offence under this section that the employee entered the employment of the employer before the appointed day. (Added L.N. 346 of 1982)
(4) Where a person is charged with an offence under this section a certificate signed by the Director and certifying that the employee in respect of whom the offence is alleged to have been committed was, at the date of the alleged offence, not lawfully employable, shall be admitted in evidence on its
Page 35
Page 36
34
CAP. 115]
Immigration
[1989 Ed.
(3) Where an employee fails-
(a) by the appointed day to comply with a requirement made in
accordance with subsection (2)(a); or
(b) within 72 hours of his return to work, to comply with a
requirement made in accordance with subsection (2)(b),
his employer shall be entitled to terminate the employment of such employee without notice or payment in lieu and no liability, either at common law or under any Ordinance, shall attach to the employer by reason of such term- ination or for any loss thereby suffered by the employee:
Provided that if at any time after the time limited by this subsection the employee produces to his employer for inspection any document which should have been produced within the time so limited, the employee's employment shall, if it has not already been terminated, cease upon such production to be liable to be terminated under this subsection.
171.
Offence to be employer of a person
who is not lawfully employable
(1) Any person who is the employer of an employee who is not lawfully employable commits an offence and is liable to a fine of $50,000–and–to imprisonment for 1 year. >(A)(2) It shall be a defence in proceedings for an offence under this section for the person charged to prove that the employee in respect of whom the offence is alleged to have been committed-
(a) had been absent from work continuously from the date when section 17H last came into operation until 72 hours before the date of the alleged offence; or
(b) is the holder of a Vietnamese refugee card, that at the time the contract of employment was entered into with the employee the Vietnamese refugee card held by the employee did not prohibit the employee from taking employment and that the person charged had no knowledge that the Vietnamese refugee card held by the employee was, after the contract of employment was entered into, replaced by a new Vietnamese refugee card prohibiting the employee from taking employment. (Replaced 35 of 1981 s. 7)
(3) It shall not be a defence in proceedings for an offence under this section that the employee entered the employment of the employer before the appointed day. (Added L.N. 346 of 1982)
(4) Where a person is charged with an offence under this section a certificate signed by the Director and certifying that the employee in respect of whom the offence is alleged to have been committed was, at the date of the alleged offence, not lawfully employable, shall be admitted in evidence on its
Page 35Page 36
No comments yet.
Private notes are available after approval.