【法规名称】
【法规编号】 79979 什么是编号？
【正 文】
第4页 CAP 78 CONTRACTS FOR EMPLOYMENT OUTSIDE HONG KONG ORDINANCE
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[接上页] (Replaced 48 of 1985 s.12) Cap 78 s 13 Maximum duration of contract Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 The maximum duration which may be stipulated in any contract to which this Ordinance applies shall in no case exceed- (Amended 48 of 1985 s. 13) (a) 2 years if the employee is not accompanied by any dependants, or 3 years if the employee is accompanied by a dependant or dependants; or (Amended 33 of 1992 s. 11) (b) the maximum period prescribed by the law of the place in which the contract is to be performed, (Amended 56 of 2000 s. 3)whichever is the less. Cap 78 s 14 Offence where contract not attested etc. before departure of employee Subject to section 16, where a contract to which this Ordinance applies- (a) is not in writing; or (b) is not attested by the Commissioner under section 11 before the departure of the employee from Hong Kong to take up employment under the contract,the employer and, if the contract has been entered into by another person acting on the employer's behalf, that person, commits an offence and is liable to a fine of $50000. (Replaced 48 of 1985 s. 14. Amended 33 of 1992 s. 12) Cap 78 s 15 Counselling etc., persons to evade Ordinance Subject to section 16, any person who counsels, solicits, procures or induces any other person in Hong Kong- (a) to enter into a contract to which this Ordinance applies other than a contract which complies with section 5; or (b) to depart from Hong Kong to take up employment under a contract to which this Ordinance applies before the contract is attested by the Commissioner under section 11,commits an offence and is liable to a fine of $50000. (Added 48 of 1985 s.14) Cap 78 s 16 Defence Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 A defendant shall not be convicted of an offence under section 14 or 15 in relation to a person migrating for employment if he satisfies the magistrate that at the time the offence is alleged to have been committed he believed on reasonable grounds that in relation to the person migrating admission to the place of immigration would be granted on a permanent basis. (Added 48 of 1985 s. 14. Amended 33 of 1992 s. 13; 56 of 2000 s. 3) Cap 78 s 17 Applications to contracts of re-engagement For the avoidance of doubt, this Ordinance, save where the context otherwise requires, applies to contracts of re-engagement as it applies to contracts of engagement in the first instance. (Added 48 of 1985 s.14) Cap 78 s 18 Limitation on commencement of proceedings (1) An information or complaint relating to an offence under this Ordinance may be tried if it is laid or made, as the case may be, at any time within 1 year after the commission of the offence. (2) This section shall not apply in relation to an offence committed before the commencement of the Contracts for Employment Outside Hong Kong (Amendment) Ordinance 1992 (33 of 1992). (Added 33 of 1992 s. 14) |
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