　　An Ordinance to establish the Employees Retraining Board as a body corporate, to establish the Employees Retraining Fund, to provide for the imposition of a levy payable by employers who employ imported employees, and to provide for the collection of the levy by the Director of Immigration from those employers in respect of those employees and the remittance of the levy to the Board for the purposes of the Fund, the defraying of the costs of providing retraining courses for eligible employees, the payment of retraining allowances by the Board from the Fund to those employees, and for incidental and connected matters.
　　
　　(Enacted 1992. Amended 5 of 1997 s. 2)
　　
　　[16 October 1992]
　　
　　(Originally 76 of 1992)
　　
　　Cap 423 s 1 Short title, application and commencement
　　
　　PART I
　　
　　PRELIMINARY
　　
　　(1) This Ordinance may be cited as the Employees Retraining Ordinance.
　　
　　(2) Subject to subsection (3), this Ordinance shall apply in relation to the financial year commencing on 9 January 1992 and all subsequent financial years, and shall come into operation on the date of publication of this Ordinance in the Gazette*.
　　
　　(3) Part IV (other than section 16(c)) shall apply in relation to the financial year commencing on 9 January 1992 and all subsequent financial years, and shall be deemed to have come into operation on that date.
　　
　　(Enacted 1992)_________________________________________________________________________________
　　
　　Note:
　　
　　* Ordinance published in Gazette on 16 October 1992
　　
　　Cap 423 s 2 Interpretation
　　
　　In this Ordinance, unless the context otherwise requires-
　　
　　"applicant" (申请人) means an eligible employee who makes an application under section 17(1); (Amended 5 of 1997 s. 3)
　　
　　"Board" (再培训局) means the Employees Retraining Board established under section 3;
　　
　　"certificate of exemption" (豁免证明书) means a certificate of exemption as defined in section 17G of the Immigration Ordinance (Cap 115); (Added 5 of 1997 s. 3)
　　
　　"Chairman" (主席) means the Chairman of the Board appointed under section 3(2)(a)(i) or any other person when acting as Chairman;
　　
　　"condition of stay" (逗留条件), in relation to any person, means a condition of stay imposed in respect of the person under the Immigration Ordinance (Cap 115); (Added 5 of 1997 s. 3)
　　
　　"contract of employment" (雇佣合约) has the same meaning as in section 2(1) of the Employment Ordinance (Cap 57);
　　
　　"Director" means the Director of Immigration;
　　
　　"eligible employee" (合资格雇员) means an employee who-
　　
　　(a) is the holder of an identity card or a certificate of exemption; and
　　
　　(b) (i) is not subject to any condition of stay, other than a limit of stay; and
　　
　　(ii) is not in breach of any limit of stay; (Added 5 of 1997 s. 3)"employee" (雇员) has the same meaning as in section 2(1) of the Employment Ordinance (Cap 57), and includes a former employee and any person who wishes to take up employment as an employee after attending a retraining course or a supplementary retraining programme; (Amended 102 of 1994 s. 2; 5 of 1997 s. 3)
　　
　　"employer" (雇主) has the same meaning as in section 2(1) of the Employment Ordinance (Cap 57);
　　
　　"Executive Director" (行政总监) means the Executive Director of the Board appointed by the Board in the exercise of the power conferred on it by section 5(2)(b); (Added 102 of 1994 s. 2)
　　
　　"financial year" (财政年度) means the financial year of the Board referred to in section 9(1);
　　
　　"Fund" (基金) means the Employees Retraining Fund established under section 6;
　　
　　"identity card" (身分证) means an identity card within the meaning of the Registration of Persons Ordinance (Cap 177); (Added 5 of 1997 s. 3)
　　
　　"imported employee" (外来雇员) means a person who is the subject of an application by an employer under section 14(4); (Amended 5 of 1997 s. 3)
　　
　　"labour importation scheme" (输入雇员计划) means a scheme referred to in section 14(3);
　　
　　"levy" (征款) means the levy imposed under section 14(1);
　　
　　"limit of stay" (逗留期限), in relation to any person, means a condition of stay limiting the period during which the person may remain in Hong Kong; (Added 5 of 1997 s. 3)
　　
　　"quota" (配额) means a quota allocated under section 14(4);
　　
　　"retraining allowance" (再培训津贴) means the retraining allowance referred to in section 21(4);
　　
　　"retraining course" (再培训课程) means a course provided or conducted by a training body for the purpose of training or retraining trainees to acquire new or enhanced vocational skills;
　　
　　"Secretary" means the Secretary for Education and Manpower;
　　
　　"supplementary retraining programme" (附属培训计划) means a programme approved by the Board and provided or conducted by a training provider for the purpose of training or retraining eligible employees to acquire new or enhanced vocational skills or to facilitate their employment; (Added 102 of 1994 s. 2. Amended 5 of 1997 s. 3)
　　
　　"trainee" (受训雇员) means an applicant invited to attend a retraining course or a supplementary retraining programme under section 19(2); (Amended 102 of 1994 s. 2)

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