APPRENTICESHIP ORDINANCE

APPRENTICESHIP ORDINANCE

LAWS OF HONG KONG

APPRENTICESHIP ORDINANCE

CHAPTER 47





CHAPTER 47

APPRENTICESHIP ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page

PART 1

PRELIMINARY

1. Short title ............. ................. . ... ... ... ... ... ... 3

2. Interpretation......................1 . ... ... ... ... ... ... ... ... 3

3. Application of Ordinance .................. ... ... ... ... ... ... ... 4

PART 11

FUNCTIONS OF THE
DIRECTOR

4. Functions of the Director .................. ... ... ... ... ... ... ... 4

5. Delegation by the Director or the Commissioner ... ... ... ... ... ... 5
PART 111
APPRENTICESHIPS
6. Employment of young persons in designated trades ... ... ... ... ... ... 5

7. Existing employment of young persons ....... ... ... ... ... ... ... ... 6

8. Contents and form of contracts of apprenticeship ... ... ... ... ... ... 6

9. Parties to contracts of apprenticeship ..... ... ... ... ... ... ... ... 6

10..............................Extent to which contracts of apprenticeship are binding ... ... ... ... ... 7

11.......................Premium not to be demanded or received ... ... ... ... ... ... ... ... 7

12..............................Enticement or wrongful employment of apprentices ... ... ... ... ... 8

PART IV

TRAINING OF APPRENTICES
13. Power to require employer to provide adequate training ... ... ... ... 8

14.......................Attendance of courses by apprentices ... ... ... ... ... ... ... ... 8
14A......................Preference to be given to registered apprentices ... ... ... ... ... ...
9

PART V

REGISTRATION OF CONTRACTS OF APPRENTICESHIP
15. Compulsory registration of new contracts of apprenticeship ... ... ... ... ... 9
16. Compulsory registration of existing contracts of apprenticeship ... ... ... ... 11
IT Voluntary registration of apprenticeship ... ... ... ... ... ... ... ... ... 11
18. Exemption from registration of contracts of apprenticeship ... ... ... ... ... 12
19. Effect of not lodging contracts of apprenticeship for registration ... ... ... ... 12
20. Compulsory registration of variation documents ... ... ... ... 12

PART VI

VARIATION OF CONTRACTS OF APPRENTICESHIP
21. Variation of registered contracts of apprenticeship ... ... ... ... ... ... ... 12






22. Apprenticeship term may be extended in certain cases ... ... ... ... ... ... 13
23. Apprenticeship period may he shortened where special qualification is obtained ... 13
24. Assignment of contract of apprenticeship by employer ... ... ... ... ... ... 13
25. Assignment of contract of apprenticeship by the Director ... ... ... 1. ... 14
26. Effect of death of employer ... ... ... ... ... ... ... ... ... ... ... ... 15

27. Effect of change in partners ... ... ... 1 . ... ... ... ... ... . 1. is





Section...................................... Page

PART VII

COMPLETION OR TERMINATION OF
APPRENTICESHIPS

28. Completion of apprenticeships ............. ... ... ... ... ... ... ... 16

29. Suspension of apprentice for misconduct, etc . ... ... ... ... ... ... ... 16
30. Termination of contracts of apprenticeship ... ... ... ... 1 ... ... 17

31. Effect of termination of contract of apprenticeship for misconduct, etc. ... ... 18

32. Notification of termination of employment of an apprentice ... ... ... ... 19

PART VIII

MISCELLANEOUS

33. Appointment of inspectors, etc. ........ ... ... ... ... ... ... ... ... 19

34. Power of Governor to give directions ...... ... ... ... ... ... ... 19

35. Powers of entry and inspection ......... ... ... ... ... ... ... ... ... 20

36. Duty of public officers not to disclose source of complaint, etc . ... ... ... ... 20

37. Service of notices ..................... ... ... ... ... ... ... ... ... 21

38. Returns to be made to the Director ..... ... ... ... ... ... ... ... ... 21
39. Reference of disputes to the Director...... ... 1 . ... ... ... ... ... 21

40. Appeals to the Governor ................... ... ... ... ... ... ... ... 21

41. Obstruction ............................... ... ... ... ... ... ... ... 21

42. Prosecution of offences ................... ... ... ... ... ... ... ... 22

43. Evidence by certificate ................... ... ... ... ... ... ... ... ... 22 2

44. Power to extend age limit of young persons ... ... ... ... ... ... ... ... 22
45. Governor to specify designated trades ..... ... ... ... ... ... ... ... 23

46. Specification of certain matters by the Director ... ... ... ... ... ... ... 23

46A. Amendment of specification to affect subsisting contracts ... ... ... ... 23

47. Regulations .......................... ... ... ... ... ... ... ... 24
48. Application of the Employment Ordinance 24





CHAPTER 47

APPRENTICESHIP

To promote and regulate the employment of apprentices in certain
trades and occupations, and to provide for matters connected
therewith and incidental thereto.

[19 July 1976.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Apprenticeship Ordinance.

2. In this Ordinance, unless the context otherwise requires---

apprentice means the party to a contract of apprenticeship who agrees
to learn a trade or occupation;

-attendance order' means an attendance order made under section 14
requiring a registered apprentice to attend a course of instruction,

-certificate of completion- means a certificate of completion of an
apprenticeship given under section 28,

'Commissioner- means the Commissioner for Labour;

,,contract of apprenticeship' means an agreement made between an
employer and an apprentice whereby the employer agrees to teach
and the apprentice agrees to learn a trade or occupation,

'designated trade' means a trade or occupation specified to be a
designated trade under section 45;

'Director' means the Director of Technical Education and Industrial
Training; (Added, 13 of 1982, s. 2)

,,employer' means

(a)a person who is engaged in a trade, occupation or business
and who employs any other person as his employee; and

(b)the duly authorized agent, manager or factor of such first
mentioned person;

'guardian', in relation to an apprentice who is a minor, means the
person who is a party to a contract of apprenticeship under section
9 as his guardian.,

'inspector' means any person appointed under section 33 as an
inspector;

'party', in relation to a contract of apprenticeship, means any person
who is a party to the contract under section 9;





'register' means the register of contracts of apprenticeship maintained
by the Director under this Ordinance; (Amended, 13 of 1982,s.2)

'registered contract of apprenticeship' means a contract of
apprenticeship registered under this Ordinance, and 'registered
apprentice' means an apprentice who is a party to any such
contract; (Amended, 13 of 1982, s. 2)

'technical institution' means the Hong Kong Polytechnic, any technical
institute operated by the Vocational Training Council under the
Vocational Training Council Ordinance or any institution approved
by the Director which provides technical education in subjects
appropriate to designated trades; (Replaced, 13 of 1982, s. 2)

'variation document' means a document varying a registered contract of
apprenticeship referred to in section 21;

'young person' means a person of or over the age of 14 years and
under the age of 19 years or such other age as may be determined
by the Governor under section 44.

3. This Ordinance shall not apply to any young person who is, or is
to be, engaged for or employed in service in any capacity at sea in a
ship.

PART 11

FUNCTIONS OF THE DIRECTOR
Amended 13 of 1982, s.
11)

4. (1) In relation to the employment and training of apprentices in
designated trades and apprentices who are parties to contracts of
apprenticeship registered tinder section 17, the Director shall

(a)co-operate with technical institutions for the purpose of
ensuring that such apprentices obtain the necessary
instruction appropriate to the trade to which they are
apprenticed;

(b)ensure that adequate facilities are provided by employers for
the training of such apprentices;

(c.)ensure that the training of such apprentices is properly carried
out;

(d) inquire into the progress and welfare of such apprentices;

(e)investigate complaints from employers or such apprentices,
alleged breaches of contracts of apprenticeship or
contraventions of this Ordinance;

generally advise and assist employers in the employment and
training of such apprentices.





(2) The Director shall recommend to organizations representing the
interests of employers the taking of such steps as are desirable to
ensure that there are a sufficient number of employees skilled in
designated trades to satisfy the requirement for such employees.

(Amended, 13 of 1982, s. 11)

5. (1) Subject to subsection (3), the Director or, as the case may be,
the Commissioner may, either generally or in any particular case,
delegate to an inspector or any other public officer the performance or
exercise on his behalf of any of the functions, duties or powers imposed
or conferred upon him under this Ordinance.

(2) Where any function, duty or power under this Ordinance is
performed or exercised by an inspector or any other public officer, the
Director or, as the case may be, the Commissioner shall, unless the
contrary is proved, be deemed to have delegated to the inspector or
other public officer under subsection (1) the performance or exercise of
the function, duty or power.

(3) The Director or, as the case may be, the Commissioner shall not
delegate his powers under section 46 or 47.

(Amended, 13 of 1982, s. 3)

PART 111

APPRENTICESHIPS

6. (1) Subject to subsection (2) and section 7, an employer may
employ a young person in a designated trade only if the young person

(a)is an apprentice under a valid contract of apprenticeship in
accordance with section 8; or

(b)has completed an apprenticeship, and is in possession of a
certificate of completion, in that trade.

(2) The Director may, on application made to him in writing by an
employer, exempt the employer in writing from the provisions of
subsection (1)

(a)in relation to any young person, if the Director is satisfied that
the young person has undergone sufficient training in the
designated trade in which he is to be or is employed;

(b)if the employer is, in the opinion of the Director, unable to give
any young person adequate training in the designated trade in
which he is to be or is employed; or

(c)if the Director with the advice of the Vocational Training
Council is, for any other reason, of the opinion that that
subsection shall not apply to the employer. (Amended, 13 of
1982, ss. 4 11)





(3) Any employer who contravenes subsection (1) shall be guilty of
an offence and shall be liable on conviction to a fine of $5,000.

7. (1) Where a young person is in employment as an apprentice
under a contract of apprenticeship in a trade or occupation on the date
when such trade or occupation is specified as a designated trade, the
employer may continue to employ such apprentice if the contract has
been registered under section 17. (Replaced, 13 of 1982,s.5)

(2) Where a young person is in employment as an apprentice under
a contract of apprenticeship in a trade or occupation on the date when
such trade or occupation is specified as a designated trade and
subsection (1) does not apply to such contract, the employer shall

(a) register the contract under section 16(1); or

(b) obtain an exemption from registration under section 18(2).

(3) Where a young person is in employment in a trade or
occupation but not under a contract of apprenticeship on the date when
such trade or occupation is specified as a designated trade, the
employer shall within 60 days after the date on which the trade or
occupation is so specified (or such further time as the Director may
permit).

(a)enter into a contract of apprenticeship with the young person
in accordance with section 8; or

(b)on application made to the Director. obtain an exemption in
writing from the provisions of section 6(1). (Amended, 13 of
1982 s. 11)

8. (1 Every contract of apprenticeship in a designated trade shall
be in writing and shall. in addition to any other particulars, contain the
prescribed terms and conditions.

(2) Every such contract of apprenticeship shall be in the specified
form or in a form which is substantially similar to the specified form.

9. (1) Every contract of apprenticeship under section 8 shall be
signed by the parties.

(2) The parties to a contract of apprenticeship shall be---

(a) the employer (of the one part), and

(h)subject to subsection (3). the apprentice (of the second part).

(3) If at the time of signing a contract of apprenticeship the
apprentice is a minor, any one of the following persons shall be joined
as a party to the contract as the guardian of the apprentice--





(a) the father or mother of the apprentice;

(b)a guardian of the apprentice, if any, appointed under, or
acting by virtue of, the Guardianship of Minors Ordin-
ance; or

(c)any relative or other person who is acceptable to the
Director as guardian of the apprentice for the purposes of
this Ordinance. (Amended, 13 of 1982, s. 11)

10. (1) An employer who is a party to a registered contract of
apprenticeship shall be bound by the contract until-

(a) the period of the apprenticeship expires;

(b)the contract is assigned to another employer under section
24 or 25; or

(c) the contract is terminated under section 30,
whichever first occurs.

(2) An apprentice who is a party to a registered contract of
apprenticeship shall be bound by the contract until-

(a) the period of the apprenticeship expires. whether or not
during that period he attains the age of 21 years; or

(b) the contract is terminated under section 30,
whichever first occurs.

(3) A guardian who is a party to a registered contract of
apprenticeship shall be bound by the contract until-

(a) the apprentice attains the age of 21 years;

(b) the period of the apprenticeship expires; or

(c) the contract is terminated under section 30.
whichever first occurs.

11. (1) No employer shall either by himself or through his
agent directly or indirectly or by any pretence or device---

(a) require or permit any person to pay or give; or

(b) demand or receive from any person,
any premium, fee, gift, reward, bonus, or commission consisting of
money or of any valuable security or of other property or interest in
property of any description,---

(i)for entering into (whether with that person or any other
person) a contract of apprenticeship in a designated trade;

(ii)for agreeing to a variation, assignment or termination of a
registered contract of apprenticeship., or

(iii)for registering a contract of apprenticeship under section
17.





(2) Any employer who contravenes subsection (1) shall be guilty of
an offence and shall be liable on conviction to a fine of $5,000.

12. Any person who-

(a)induces a registered apprentice to terminate his contract of
apprenticeship in contravention of section 30; or

(b)employs a registered apprentice whom he knows is bound by
a contract of apprenticeship to another employer,

shall be guilty of an offence and shall be liable on conviction to a fine of
$5,000.

PART IV

TRAINING OF APPRENTICES

13. (1) If at any time the Director or an inspector has reasonable
cause to believe that the training being provided by an employer to a
registered apprentice is inadequate in any respect, the Director or
inspector may, by notice in writing served personally or by registered
post, require the employer- (Amended, 13 of 1982, s. 11)

(a) to take such steps to render the training adequate; and

(b) within such time,

as may be specified in the notice.

(2) Any employer who without reasonable excuse fails to comply
with a notice served under subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine of $1,000 and, commencing
with the day following the date of conviction for the offence, to a further
fine of $200 for every day during which the offence continues.

14. (1) Where in the opinion of the Director a suitable course of
instruction at a technical institution is available for any registered
apprentice and the apprentice should attend such course, the Director
may make an attendance order in the specified form requiring the
apprentice to attend the course whether the course is during his normal
hours of employment or otherwise. (Amended, 13 of 1982, S. 11)

(2) An attendance order shall-

(a)specify the technical institution concerned, the name and
nature of the course of instruction and the number of hours
per week the apprentice is required to attend the course; and

(b)be served on the employer and the apprentice, and a copy of it
shall be sent to the technical institution concerned.





(3) If an attendance order requires an apprentice to attend a course
of instruction during his normal hours of employment. the employer
shall permit the apprentice to attend the course and the time spent at the
course shall be deemed to be time spent at work in the employment of
the employer.

(4) If any fees are required to be paid in respect of a course of
instruction, and any examinations or tests incidental to such course,
which an apprentice is required to attend under an attendance order,
such fees shall, subject to subsection (5), be paid by the employer.

(5) An employer may require an apprentice or his guardian (if any)
to pay any fees which are required to be paid in respect of a specified
course of instruction, and any examinations or tests incidental to such
course, which an apprentice is required to repeat by reason of his failure
to satisfactorily complete the course or to pass any examination or test
held in connexion with the course.

(6) Where during the continuance of an attendance order the
employer on whom the attendance order was served under subsection
(2) ceases to be the employer by virtue of section 24, 25, 26 or 27, the
Director shall--- (Amended, 13 of 1982, s. 11)

(a)serve on the new employer a copy of the attendance order and
this section shall bind the new employer as if he were the
original employer; and

(b)notify the technical institution concerned of the name and
address of the new employer.

(7) Any employer who fails to permit an apprentice to comply with
an attendance order shall be guilty of an offence and shall be liable on
conviction to a fine of $2,000 and, commencing with the day following
the date of conviction for the offence, to a further fine of 5200 for every
day during which the offence continues during the continuance of the
attendance order.

14A. Where the Director makes an attendance order in relation to a
registered apprentice, the technical institution specified in the order
shall give preference to the registered apprentice, if he has attained the
minimum educational requirements for entrance to the course, over other
candidates who are not registered apprentices., for positions on the
course.

(Added, 43 of 1980, s. 2. Amended, 13 of' 1982, s. 11)

PART V

REGISTRATION OF CONTRACTS OF
APPRENTICESHIP

15. (1) Every contract of apprenticeship entered into in compliance
with section 6(1)(a) shall be sent by the employer to the Director within
14 days after it is executed (or such further time as the Director may
permit) for registration under this Ordinance and the Director shall,
subject to subsection (2), register all such contracts.





(2) The Director may refuse to register a contract of appren-
ticeship sent under subsection (1) if he is satisfied that-

(a)the apprentice has not attained or will not attain the age of
14 years at the date of commencement of his employment
as an apprentice;

(b)the apprentice is disqualified under section 31 from enter-
ing into the contract of apprenticeship;

(c)the contract does not provide for adequate training in a
designated trade;

(d)the apprentice is not certified medically fit to undertake the
employment contemplated by the contract;

(e)the apprentice has not attained the minimum educational
standard prescribed as a prerequisite to employment as an
apprentice in the designated trade in which he is to serve
his apprenticeship;

(f)the employer does not employ sufficient persons who are
sufficiently skilled in the designated trade concerned and
able to give adequate instruction to enable the apprentice
to learn and attain a reasonable standard of proficiency in
the skills and operations specified by the Director in
relation to that trade;

(g)the employer does not have sufficient machinery, equip-
ment and materials to enable the apprentice to learn the
skills and operations specified by the Director in relation to
the designated trade concerned during the normal hours of
employment laid down by the employer for his employees;

(h)subject to section 23, the period of apprenticeship required
to be served by the apprentice differs from that specified
for the designated trade in which he is apprenticed;

(i)the apprentice is subject to any obligations under any other
contract of apprenticeship;

(j)the contract has not been read over and explained to, and
is not clearly understood by, the apprentice and his guard-
ian (if any);

(k)the apprentice and his guardian (if any) have not freely
assented to the contract;

the contract contravenes this Ordinance;

(m)the terms and conditions of the contract as a whole are not
for the benefit of the apprentice.

(3) Where the Director refuses to register a contract of appren-
ticeship under subsection (2) he shall forthwith notify the parties to
the contract in writing of his refusal and the grounds for refusal and
the contract shall cease to be valid with effect from the date specified
in such notice.
(Amended, 13 of 1982, s. 11)





16. (1) An employer who is a party to a contract of appren-
ticeship to which section 7(2) applies shall within 60 days after the
date on which the trade or occupation to which the contract relates
is specified as a designated trade (or such further time as the Director
may permit) send the contract to the Director for registration under
this Ordinance and the Director shall, subject to subsections (2) and
(3) and section 18(2), register such contract.

(2) Before registering a contract of apprenticeship under sub-
section (1), the Director may require the parties to make any
necessary variations to the contract so that it complies with section
8(1) and such variations shall become part of the contract and shall
be signed by the Director and the parties.

(3) The Director may refuse to register a contract of appren-
ticeship sent under subsection (1) on any ground specified in section
15(2).

(4) Where the Director refuses to register a contract of appren-
ticeship under subsection (3) he shall forthwith notify the parties to
the contract in writing of his refusal and the grounds for refusal and
the contract shall cease to be valid with effect from the date specified
in such notice.
(A mended, 13 of 1982, s. 11

17. (1) An employer who enters into a contract of apprentice-
ship that is not required to be registered under section 15(1) or 16(1)
may, if the contract is in a form similar to that provided for in
section 8, send the contract at any time to the Director for registra-
tion under this Ordinance, and the Director may, subject to subsec-
tions (2) and (3), register that contract. (Replaced, 43 of 1980, s. 3)

(2) Before registering a contract of apprenticeship under sub-
section (1), the Director may require the parties to make any
necessary variations to the contract so that it complies with section
8(1) and if the parties agree such variations shall become part of the
contract and shall be signed by the Director and the parties.

(3) The Director may refuse to register a contract of appren-
ticeship sent under subsection (1) if he is satisfied that-

(a)the trade or occupation to which the contract relates is one
in respect of which an apprenticeship is not appropriate or
necessary;

(b)had the contract been in respect of a designated trade, he
would have refused to register the contract on any ground
specified in section 15(2).

(4) Where the Director refuses to register a contract of appren-
ticeship under subsection (3) he shall forthwith notify the parties to
the contract in writing of his refusal and the grounds for refusal.
(Amended, 13 of 1982, s. 11)





18. (1) [Deleted, 13 of 1982, s. 61

(2) In the case of any contract of apprenticeship to which section
7(2) applies, the Director may, if he is satisfied that the apprentice has
undergone the major part of his apprenticeship period, instead of
registering the contract grant to the employer an exemption in writing
from registration of the contract on such terms and conditions as the
Director thinks fit.

(3) Where the Director grants an exemption from registration under
subsection (2) he shall forthwith notify the parties to the contract of the
exemption and the terms and conditions (if any) under which the
exemption is granted.

(Amended, 13 of 1982, s. 11)

19. If a contract of apprenticeship which is required to be
registered under this Ordinance is not sent for registration within the
prescribed time or such further time permitted by the Director the
employer shall be guilty of an offence and shall be liable on conviction
to a fine of $2.000. and the court may order any employer who is
convicted of an offence under this section to send the contract of
apprenticeship to the Director for registration.

(Amended, 13 of1982. s. 11)

20. (1) Every variation document shall be sent by the employer to
the Director within 14 days after it is executed (or such further time as
the Director may permit) for registration tinder this Ordinance and the
Director shall. subject to subsection (2). register all such variation
documents.

(2) The Director may refuse to register a variation document sent
tinder subsection (1) if he is satisfied that

(a)the apprentice and his guardian (if any have not freely
assented to the variation:

(b) the variation contravenes this Ordinance.. or

(c) the variation is not for the benefit of the apprentice.

(3) Where the Director refuses to register a variation documem
tinder subsection (2) he shall forthwith notify the parties to the contract
in writing of his refusal and the grounds for refusal.

(A mended, 13 of] 982, v. 1

PART VI

VARIATION' OF CONTRACTS OF APPRENTICESHIP

21. Without prejudice to this Part. no variation of a registered
contract of apprenticeship shall be valid unless

(a)the variation is contained in a document signed by the parties
to the contract: and

(b) the variation document is registered under section 20.





22. (1) Where the Director is of the opinion that a registered
apprentice has not or will not satisfactorily complete his apprenticeship
on grounds of--

(a)absence or the apprentice, due to illness or any other
reasonable cause, from employment,

(b)non-attendance of the apprentice. due to illness or any other
reasonable cause. at any, course of instruction which he is
required to attend under an attendance order: or

(c)failure of the apprentice to pass any examination Or test which
he is required to pass,

the Director may extend the period of apprenticeship specified in the
contract of apprenticeship for a further period not exceeding one year.

(2) Where the Director extends the period of apprenticeship under
subsection (1) lie shall

(a)enter in the register and in any copy! of the contract of
apprenticeship produced to him a note of the extended period:
and

(b) notify in writing the parties to the contract and. if necessary.
the technical institution concerned of the extended period and
the grounds on which the period as extended. 13 of 1982. V.
11

23. (1) Where a person. before entering into a contract of
apprenticeship in a designated trade. obtains any special qualification
specified by the Director in respect of that designated trade for the
purposes of this section, the Director may reduce the minimum period of
apprenticeship specified for that designated trade by any period not
exceeding one year.

(2) Where the Director reduces the period of apprenticeship under
subsection (1) he shall

(a)enter in the register and in any copy of the contract of
apprenticeship produced to him a note of the reduced period;
and

(b)notify the parties to the contract in writing of the reduced
period and the grounds on which the period was reduced.

(A Amended, 13 of 1982, s. 11

24. (1) A registered contract of apprenticeship shall not be
assigned from one employer to another employer except pursuant to
this section or section 25.

(2) On receipt of an application in writing for approval to assign a
contract of apprenticeship, the Director may, after making such inquiries
as he thinks fit and obtaining the consent of the apprentice and his
guardian (if any), approve the proposed assignment.





(3) Where approval is granted under subsection (2) to the
proposed assignment of a contract of apprenticeship, the Director shall
forward a form of assignment to the parties for completion by the parties
and the new employer and return to the Director.

(4) On receipt of the completed form of assignment by the Director
he shall enter the name of the new employer in the register and the date
on which the assignment is to come into effect.

(5) Where an assignment of a contract of apprenticeship is
registered under subsection (4) the Director shall notify in writing

(a) the original employer;

(b) the new employer; and

(c) the apprentice and his guardian (if any),

of the assignment and the date on which it is to come into effect.

(6) Where the Director refuses to approve an application for
assignment of a contract of apprenticeship under subsection (2), he
shall notify the applicant in writing of his refusal and the grounds for
refusal.

(Amended, 13 of 1982, s. 11)

25. (1) Where-

(a)the Director is of the opinion that an employer is for any
reason unable to, or does not, give an apprentice under a
registered contract of apprenticeship adequate training in
accordance with the contract; or

(b)an employer notifies the Director in writing that he is, or will
be, unable to give an apprentice under a registered contract of
apprenticeship adequate training in accordance with the
contract,

the Director may. with the consent of the apprentice and his guardian (if
any), assign the contract to another employer who is prepared to accept
such assignment and shall forward a form of assignment to the parties
for completion by the parties and the new employer and return to the
Director. Where the original employer is for any reason unable or
refuses to sign the form of assignment, his signature on such form shall
not be required.

(2) On receipt of the completed form of assignment by the Director
he shall enter the name of the new employer in the register and the date
on which the assignment is to come into effect.

(3) When an assignment of a contract of apprenticeship is
registered under subsection (2), the Director shall notify in writing

(a) the original employer (if he can be traced);

(b) the new employer; and

(c) the apprentice and his guardian (if any),

of the assignment and the date on which it is to come into effect.

Amended 13 of 1982, s. 11)





26. (1) Where the employer of a registered apprentice dies,
the contract of apprenticeship to which the employer was a party
shall not be determined by his death if the trade or occupation in
which the apprentice was employed is carried on by the personal
representative of the deceased employer. Such personal representa-
tive shall be the new employer and the contract shall be binding on
him as if he were a party to the contract in place of the deceased
employer.

(2) Where under subsection (1) a contract of apprenticeship
binds a personal representative, he shall, within 30 days after the
death of the employer, notify the Director in writing of such death
and the date thereof. (Amended, 13 of 1982, s. 11)

(3) The Director shall, on receipt of a notification under
subsection (2), enter in the register- (Amended, 13 of 1982, s. 11)

(a)a note of the death of the employer and the date thereof,
and

(b) the name of the personal representative.

(4) Where the name of the personal representative is registered
under subsection (3), the Director shall notify In writing---
(Amended, 13 of 1982, s. 11)

(a) the personal representative; and

(b) the apprentice and his guardian (if any),

of such registration.

(5) A personal representative who contravenes subsection (2)
shall be guilty of an offence and shall be liable on conviction to a fine
of $2,000.

27. (1) Where the employer of a registered apprentice is a
partnership and any change takes place in the partners, the contract
of apprenticeship to which the partnership was a party shall not be
determined by such change if the trade or occupation in which the
apprentice was employed is carried on by the new partners. Such
new partners shall be the new employer and the contract shall be
binding on them as if they were a party to the contract in place of the
partnership.

(2) Where under subsection (1) a registered contract of appren-
ticeship binds the new partners, they shall, within 30 days after the
date of the change in the partners, notify the Director in writing of
such change and the date thereof. A notification by any one of the
partners shall be sufficient. (Amended, 13 of 1982, s. 11)

(3) The Director shall, on receipt of a notification under
subsection (2), enter in the register- (Amended, 13 of 1982, s. 11)

(a)a note of the change in the partners and the date thereof,
and

(b) the names of the new partners.





(4) When the names of the new partners are registered under
subsection (3), the Director shall notify in writing- (Amended, 13 of
1982, s. 11)

(a) such partners; and

(b) the apprentice and his guardian (if any), of such registration.

(5) A new partner who contravenes subsection (2) shall be guilty of
an offence and shall be liable on conviction to a fine of 52,000.

PART VII

to_
COMPLETION OF TERMINATION -R
APPRENTICESHIPS

28. (1) An employer shall, within 14 days (or such further time as
the Director may permit) after the date of expiry of a period of
apprenticeship of

(a) a registered apprentice; or

(b)an apprentice whose contract of apprenticeship is exempted
from registration under section 18(2),

complete a certificate of completion in the specified form in relation to
the apprentice and send it to the Director.

(2) On receipt of a certificate of completion under subsection (1),
the Director shall, if he is satisfied that the apprentice has satisfactorily
completed his apprenticeship in accordance with his contract of
apprenticeship

(a)countersign the certificate of completion and give it to the
apprentice; and

(b)in the case of a registered apprentice, enter in the register a
note of the completion of the apprenticeship.

(3) Any employer who fails to comply with subsection (1) shall be
guilty of an offence and shall be liable on conviction to a fine of 52,000.

(Amended, 13 of 1982, s. 11)

29. (1) An employer may suspend from employment with or without
pay, any registered apprentice for a period not exceeding 14 9

days-

(a)in accordance with an express provision in the contract of
apprenticeship providing for suspension;

(b)as a disciplinary measure for any reason for which the
employer could terminate the contract of apprenticeship in
accordance with an express provision in the contract providing
for termination;





(e)pending a decision by the employer as to whether or not he
will exercise his right to terminate the contract of
apprenticeship in accordance with an express provision in the
contract;

(d)pending the outcome of any criminal proceedings against the
registered apprentice arising out of or connected with his
employment:

Provided that where such criminal proceedings are not
concluded within the period of 14 days such suspension may
be extended till the conclusion of the criminal proceedings.

(2) Where a registered apprentice is suspended under subsection
(1)-

(a)the employer shall, within 3 days after the date of the
commencement of the suspension. and

(b)the apprentice may at any time after he is notified by his
employer of the suspension,

report the matter to the Director, and the report made by the employer
shall be in writing stating the period of suspension and the grounds for
the suspension. (Amended, 13 of 1982. s. 11)

(3) The Director shall, on receipt of a report under subsection (2).
after making such inquiries as he thinks fit,- (Amended, 13 of' 1982,s.11)

(a) confirm the suspension;

(b) set aside the suspension; or

(c) set aside part of the period of suspension,

and where a period of suspension is set aside the employer shall, if the
suspension was without pay, pay the apprentice the wages which
would have accrued to him during such suspension.

(4) The Director shall notify the parties in writing of his decision
under subsection (3) and shall enter the decision in the register.
(Amended, 13 of 1982, s. 11)

(5) An employer who contravenes subsection (2)(a) shall be guilty
of an offence and shall be liable on conviction to a fine of $1,000.

30. (1) Subject to subsection (3), a registered contract of
apprenticeship may be terminated

(a) by the parties, if all the parties agree to the termination;

(b)by any party, in accordance with any express provision in the
contract of apprenticeship providing for such termination;

(c) by the apprentice in the event of his marriage;





(d) by the Director---

(i) if he is satisfied that the employer is unable to, or does
not, give the apprentice adequate training in accordance with
the contract of apprenticeship; or

(ii) if he is satisfied that it is for the benefit of the apprentice
to terminate the contract.

(2) Not less than 14 days' notice in writing shall be given, where a
contract of apprenticeship is to be terminated

(a) under subsection (1)(a), by either party to the Director;

(b)under subsection (1)(b), by the party wishing to terminate the
contract to the other party and the Director;

(c)under subsection (1)(c), by the apprentice to his employer and
the Director;

(d)under subsection (])(d), by the Director to all the parties unless
the Director is satisfied that a shorter period of notice would be
beneficial to the apprentice. (Amended, 43 of 1980, s. 4)

(3) A termination of a registered contract of apprenticeship shall
not be valid until

(a)in the case of termination under subsection (1)(a), the Director
is satisfied that all the parties agree to the termination;

(b)in the case of termination under subsection (1)(b) or (d), the
Director has given all the parties an opportunity to be heard
by, or to make representations to, him;

(c)in the case of termination under subsection (1)(c), the Director
is satisfied that the appprentice is married,

and the Director has entered in the register a note of the termination and
the date on which it is to come into effect.

(4) Where under subsection (3) the Director enters the termination
of a contract of apprenticeship in the register he shall notify all the
parties of the termination and the date on which it is to come into effect.

(5) If the Director decides not to enter the termination of a contract
of apprenticeship in the register he shall notify all the parties of his
decision and the reasons for such decision.

(Amended, 13 of 1982, s. 11)

31. (1) Where a registered contract of apprenticeship is terminated

(a)under section 30(1)(b) on the ground of misconduct by the
apprentice; or

(b)on the ground of a breach or repudiation of the contract of
apprenticeship by an apprentice,





such former apprentice shall, during the period of 2 years after the
date of the termination, be disqualified from-

(i) entering into a contract of apprenticeship in any de-
signated trade or in the trade in respect of which the
apprentice was registered prior to his disqualification;
or (Amended, 43 of 1980, s. 5)
(ii) attending the course of instruction at a technical institu-
tion specified by the Director in the original attendance
order. (Replaced, 43 of 1980, s. 5)

(2) The Director shall give written notice of the disqualifica-
tion of an apprentice under this section to the technical institution at
which the apprentice was attending prior to his disqualification and
may send copies of the notice of the disqualification of an apprentice
to any other technical institution that provides a course in respect of
which the disqualification applies. (Added, 43 of 1980, s. 5)
(Amended, 13 of 1982, s. 11)

32. (1) Where the employment of a registered apprentice
ceases otherwise than on completion of his apprenticeship under
section 28 or on termination of a contract of apprenticeship under
section 30, the employer shall, within 14 days after such cessation of
employment, send to the Director a notice in the specified form in
relation to the apprentice.

(2) The Director shall, on receipt of a notice under subsection
(1), enter in the register a note of the cessation of employment of the
apprentice.

(3) An employer who contravenes subsection (1) shall be
guilty of an offence and shall be liable on conviction to a fine of
$1,000.
(Amended, 13 of 1982, s. 11)

PART VIII

MISCELLANEOUS

33. The Governor may appoint inspectors and such other
officers as he may consider necessary for carrying out the purposes
of this Ordinance.

34. (1) The Governor may give to the Director and to any
public officer such directions as he thinks fit with respect to
the performance or exercise of their functions, duties or powers
under this Ordinance, either generally or in any particular case.
(Amended, 13 of 1982, s. 11)

(2) A person to whom a direction is given by the Governor
under subsection (1) shall, in the performance or exercise of his
functions, duties or powers under this Ordinance, comply with that
direction.





35. The Director and an inspector may, for the purposes of
this Ordinance- (Amended, 13 of 1982, s. 11)

(a)enter, inspect and examine, by day or night, any premises
or place in which he knows, or has reasonable cause to
believe, that an apprentice or a young person is employed;

(b)in any such case, take with him any person whom he may
reasonably need to assist him;

(c)require the production, for purposes of inspection, of any
record, return, report or other document relating to the
employment of an apprentice or young person, and may
take copies of any such document;

(d)make such examination and inquiry as may be necessary to
ascertain whether the requirements of this Ordinance are
complied with, and seize anything which may appear to be
evidence of an offence under this Ordinance;

(e)examine, with respect to matters under this Ordinance, any
person whom he finds in any premises or place which he is
entitled under this section to enter, and require any such
person to answer any questions relating to those matters
and to make a statutory declaration as to the truth of the
answers to those questions.

36. (1) Save as provided in subsection (4), no public officer
shall disclose to any person, other than another public officer, the
name or identity of any person who has made a complaint alleging a
breach of any term or condition of a registered contract of appren-
ticeship or a contravention of any provision of this Ordinance or as
a result of which any such breach or contravention has come to his
notice or to the notice of any other public officer.

(2) No public officer shall disclose to an employer of a
registered apprentice or his representative that a visit to the
premises or place where an apprentice is employed was made in
consequence of the receipt of any such complaint as is referred to
in subsection (1).

(3) Save as provided in subsection (4), where as a result of or
in connexion with the enforcement of a contract of apprenticeship or
any provision of this Ordinance any manufacturing or commercial
secret or any working process comes to the knowledge of a public
officer, such officer shall not at any time (whether or not at the
relevant time he is still a public officer) disclose such secret or process
to any person.

(4) Where in any proceedings a court considers that justice so
requires, the court may order the disclosure of the name or identity
of any 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).





(5) Any person who contravenes subsection (1), (2) or (3) shall
be guilty of an offence and shall be liable on conviction to a fine of
52,000.

37. Any notice to be served or given or any document to be
served or sent under this Ordinance may, except where the Ordi-
nance otherwise provides, be given, sent or served by registered post.

38. For the purposes of this Ordinance, the Director may, by
notice in writing served by registered post or by notice in the
Gazette, require any employer or class of employers to make returns
and reports in such form and at such times as he may in such notice
direct.
(Amended, 13 of 1982, s. 11)

39. Where a dispute arises between the parties to a registered
contract of apprenticeship regarding an alleged breach of any term
or condition of the contract, any such party may refer the dispute to
the Director who shall endeavour to settle it by conciliation.
(Amended, 13 of 1982, s. 11)

40. (1) Any person aggrieved by a decision of the Director or
any public officer in the performance or exercise of any function,
duty or power under this Ordinance may appeal to the Governor
against the decision.

(2) An appeal under subsection (1) shall be in writing sent to
the Chief Secretary within- (Amended, L.N. 226176)

(a)14 days after the date on which the aggrieved person was
informed of the decision or he otherwise comes to know of
the decision, whichever is the later; or

(b) such further period as the Governor may in any case allow.

(3) On consideration of an appeal under subsection (1), the
Governor may confirm, vary or reverse the decision of the Director
or other public officer, or substitute therefor such other decision or
make such other order as he thinks fit, which shall be final.

(4) Where a decision or order of the Governor under subsec-
tion (3) is in respect of a registered contract of apprenticeship, or a
variation or assignment of such contract, the Director shall enter
such decision or order in the register.
(Amended, 13 of 1982, s. 11)

41. Any person who obstructs the Director, an inspector or
any person authorized by the Director in writing, performing or
exercising any function, duty or power under this Ordinance shall be
guilty of an offence and shall be liable on conviction to a fine of
$5,000 and to imprisonment for 6 months.
(Amended, 13 of 1982, s. 11)





42. (1) No prosecution for an offence under section 6, 12 or
19 shall be commenced without the consent in writing of the
Director. (Amended, 13 of 1982, s. 11)

(2) Before the Director gives his consent to prosecute under
subsection (1) he shall hear the person against whom the allegation
is made, or give him an opportunity of being heard. (Amended, 13
of 1982, s. 11)

(3) A prosecution for any offence under this Ordinance may be
conducted by an officer of the Technical Education and Industrial
Training Department or the Labour Department authorized in that
behalf in writing by the Director. (Replaced, 13 of 1982, s. 7)

(4) Nothing in this section shall derogate from the powers of
the Attorney General in respect of the prosecution of criminal
offences.

43. (1) A certificate-

(a)stating whether or not a contract of apprenticeship is
registered under this Ordinance; or

(b)containing a copy of any entry required to be made under
this Ordinance in the register,

and purporting to be signed by or on behalf of the Director shall be
admitted in evidence without further proof on its production in any
legal proceedings and-
(i)until the contrary is proved, it shall be presumed that the
certificate is so signed; and
(ii) the certificate shall be prima facie evidence of the facts
stated therein.

(2) A copy of a contract of apprenticeship or a variation
document certified by or on behalf of the Director as a true copy of a
contract of apprenticeship or variation document, as the case may
be, shall be admitted in evidence without further proof on its
production in any legal proceedings and-

(a)until the contrary is proved, it shall be presumed that the
certificate is so signed; and

(b)the certified copy of the contract of apprenticeship or
variation document shall be prima facie evidence of its
contents.
(Amended, 13 of 1982, s. 11)

44. (1) The Governor may, by notice in the Gazette, extend
the upper age limit in the definition of 'young person' in section 2
from 18 years to an age limit not exceeding 21 years.

(2) Sections 6 and 7 shall not apply to an employer in respect
of a person who-





(a)is in his employment in a designated trade at the date when
the upper age limit in the definition of 'young person- is
extended under subsection (1); and

(b)is included within the definition of 'young person' by
virtue of the extension,

for so long as the employer continues to employ the young person in
that designated trade.

45. The Governor may by order specify any trade or occupa-
tion to be a designated trade.
(Replaced, 13 of 1982, s. 8)

46. (1) The Director may, for the purposes of this Ordinance,
specify-

(a) the form of contracts of apprenticeship;

(b)the form of register and any other forms required to be
specified under this Ordinance:

(c)the periods of apprenticeship to be served by apprentices in
designated trades;

(d)the skills and operations to be taught to registered appren-
tices by employers;

(e)the training programmes to be followed in the teaching of
registered apprentices;

the courses of instruction to be attended by registered
apprentices;

(g) the special qualifications for the purposes of section 23;

(h)the examinations and tests required to be passed by
registered apprentices prior to the completion of their
apprenticeships;

(i) the records to be kept in respect of registered apprentices;

(j) any other matters which he thinks it expedient to specify.

(2) The Director may publish in the Gazette any matter
specified by him under subsection (1).

(3) Copies of any form specified by the Director shall be
supplied to an employer free of charge on application to the
Director.
(Amended, 13 of 1982, s. 11)

46A. Any amendment of an order under section 45 relating to
any trade or occupation shall apply to every subsisting contract of
apprenticeship for that trade or occupation from the date on which
that contract was entered into.
(Added, 13 of 1982, s. 9)





47. (1) The Director, with the approval of the Commissioner, may
make regulations for all or any of the following purposes(Amended, 13
of 1982, s. 10)

(a)prescribing the terms and conditions to be included in a
contract of apprenticeship in a designated trade;

(b)prescribing the period of probation to be served by
apprentices in designated trades and the termination of
contracts of apprenticeship during the period of probation;

(c)prescribing the minimum standard of education required to be
attained by persons as a pre-requisite to their employment as
apprentices in designated trades;

(d)prescribing the hours of employment of registered
apprentices;

(e)providing for the frequency and manner of payment of wages
to registered apprentices;

providing for the medical examination of apprentices in
designated trades;

(g)providing for the registration of contracts of apprenticeship
and other matters which are required to be registered under
this Ordinance and the maintaining of the register.

(h)prescribing any thing which is to be or may be prescribed
under this Ordinance;

(i) generally for the better carrying out of the provisions and
purposes of this Ordinance.

(2) Any regulations made under this section may provide that a
contravention of specified provisions thereof shall be an offence and
may prescribe penalties therefor not exceeding a fine of 55.000.

(3) All regulations made under subsection (1) shall be submitted to
the Governor and shall be subject to the approval of the Legislative
Council.

48. The following provisions of the Employment Ordinance shall
mutatis mutandis, and subject to any specific provisions to the
contrary contained in this Ordinance or in a contract of apprenticeship,
apply to employers, registered apprentices and registered contracts of
apprenticeship under this Ordinance--

(a) Part IVA (Protection against anti-union discrimination),

(h) Part V (Payment of wages);

(c) Part VI (Deductions from wages).

(d) Part VII (Sickness allowance),.

(e) Part VIII (Holidays with pay);

(ea) Part VIIIA (Annual leave with pay); (Added, 43 of 1980, s.6)





(f)Part IX (Ancillary provisions relating to sickness allow-
ance and holidays with pay)..

(g)Part IXA (Liability to pay wages of sub-contractor's and
nominated sub-contractor's employees); and (Added, 43
of 1980, s. 6)
(h)Part XIII (Offences and penalties). (Added, 43 of' 1980,
s.6)
Originally 8 of 1976. L.N. 226/76. 43 of 1980. 13 of 1982. L.N. 164/76. Short title. Interpretation. (Cap. 1130.) Application of Ordinance. Functions of the Director. Delegation by the Director or the Commissioner. Employment of young persons in designated trades. Existing employment of young persons. Contents and form of contracts of apprenticeship. Parties to contracts of apprenticeship. (Cap. 13.) Extent to which contracts of apprenticeship are binding. Premium not to be demanded or received. Enticement or wrongful employment of apprentices. Power to require employer to provide adequate training. Attendance of courses by apprentices. Preference to be given to registered apprentices. Compulsory registration of new contracts of apprenticeship. Compulsory registration of existing contracts of apprenticeship. Voluntary registration of apprenticeship. Exemption from registration of contracts of apprenticeship. Effect of not lodging contracts of apprenticeship for registration. Compulsory registration of variation documents. Variation of registered contracts of apprenticeship. Apprenticeship term may be extended in certain cases. Apprenticeship period may be shortened where special qualification is obtained. Assignment of contract of apprenticeship by employer. Assignment of contract of apprenticeship by the Director. Effect of death of employer. Effect of change in partners. Completion of apprenticeships. Suspension of apprentice for misconduct, etc. Termination of contracts of apprenticeship. Effect of termination of contract of apprenticeship for misconduct, etc. Notification of termination of employment of an apprentice. Appointment of inspectors, etc. Power of Governor to give directions. Powers of entry and inspection. Duty of public officers not to disclose source of complaint, etc. Service of notices. Returns to be made to the Director. Reference of disputes to the Director. Appeals to the Governor. Obstruction. Prosecution of offences. Evidence by certificate. Power to extend age limit of young persons. Governor to specify designated traders. Specification of certain matters by the Director. Amendment of specification to affect subsisting contracts. Regulations. Application of the Employment Ordinance. (Cap. 57.)

Originally 8 of 1976. L.N. 226/76. 43 of 1980. 13 of 1982. L.N. 164/76. Short title. Interpretation. (Cap. 1130.) Application of Ordinance. Functions of the Director. Delegation by the Director or the Commissioner. Employment of young persons in designated trades. Existing employment of young persons. Contents and form of contracts of apprenticeship. Parties to contracts of apprenticeship. (Cap. 13.) Extent to which contracts of apprenticeship are binding. Premium not to be demanded or received. Enticement or wrongful employment of apprentices. Power to require employer to provide adequate training. Attendance of courses by apprentices. Preference to be given to registered apprentices. Compulsory registration of new contracts of apprenticeship. Compulsory registration of existing contracts of apprenticeship. Voluntary registration of apprenticeship. Exemption from registration of contracts of apprenticeship. Effect of not lodging contracts of apprenticeship for registration. Compulsory registration of variation documents. Variation of registered contracts of apprenticeship. Apprenticeship term may be extended in certain cases. Apprenticeship period may be shortened where special qualification is obtained. Assignment of contract of apprenticeship by employer. Assignment of contract of apprenticeship by the Director. Effect of death of employer. Effect of change in partners. Completion of apprenticeships. Suspension of apprentice for misconduct, etc. Termination of contracts of apprenticeship. Effect of termination of contract of apprenticeship for misconduct, etc. Notification of termination of employment of an apprentice. Appointment of inspectors, etc. Power of Governor to give directions. Powers of entry and inspection. Duty of public officers not to disclose source of complaint, etc. Service of notices. Returns to be made to the Director. Reference of disputes to the Director. Appeals to the Governor. Obstruction. Prosecution of offences. Evidence by certificate. Power to extend age limit of young persons. Governor to specify designated traders. Specification of certain matters by the Director. Amendment of specification to affect subsisting contracts. Regulations. Application of the Employment Ordinance. (Cap. 57.)

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