TRADE BOARDS ORDINANCE ORDINANCE

TRADE BOARDS ORDINANCE ORDINANCE

LAWS OF HONG KONG

TRADE BOARDS ORDINANCE

CHAPTER 63





CHAPTER 63.

TRADE BOARDS ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section. Page.

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

2. Fixing minimum wages in certain cases ... ... ... ... ... ... ... 2

3. Application of Cap. 86 ... ... ... ... ... ... ... ... ... ... ... 3

4.Duties and powers of Trade Boards with respect to minimum rates of
wages ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3

5. Penalty for not paying wages in accordance with minimum rate which has been
made obligatory ... ... ... ... ... ... ... ... ... ... 3

6. Liability of agents and other persons ... ... ... ... ... ... ... ... 4

7. Provision for case of persons employed by piece-work where a minimum time-
rate but no general minimum piece-rate has been fixed ... 5

8. Prevention of evasion ... ... ... ... ... ... ... ... ... ... ... 6

9. Employers not to receive premium where minimum rates in force ... 6

10. Powers of officers ... ... ... ... ... ... ... ... ... ... ... ... 6

11. Officers to produce certificates when required ... ... ... ... ... ... 7

12. Power to conduct proceedings ... ... ... ... ... ... ... ... ... 7

13. Consent of Commissioner to prosecution ... ... ... ... ... ... ... 7





CHAPTER 63.

TRADE BOARDS.

Toprovide machinery for fixing minimum wages, determining normal
working hours, and fixing overtime rates in trades where the
wage standards are unreasonably low.

[21st June, 1940.]

1. This Ordinance may be cited as the Trade Boards Ordinance.

2. (1) The Governor in Council may, at any time he thinks fit, by
Government notification published in the Gazette, fix minimum rates of
wages for any trade in the Colony either generally or in any specified
area or district in any case in which he is satisfied that the minimum
rates of wages being paid to any persons employed in any such trade
are unreasonably low. Every notification fixing minimum rates of wages
may be varied from time to time or revoked.

(2) For the purpose of instituting, making, and conducting any
inquiry that may be deemed advisable in connexion with fixing any
minimum rates of wages in any trade under this Ordinance, and for
reporting thereon, the Governor may at any time establish for any trade,
or for any branch of work in a trade, a Trade Board, consisting of
members representing employers and members representing workers, in
this Ordinance referred to as representative members, in equal
proportions, and of appointed members, provided that the number of
appointed members shall be less than half the total number of
representative members. Where a Trade Board has been established for
any branch of work in a trade, any reference in this Ordinance to the
trade for which the Board is established shall be construed as a
reference to the branch of work in the trade for which the Board has
been established.

(3) Women shall be eligible as members of Trade Boards as well as
men.

(4) The Chairman of a Trade Board shall be the Commissioner of
Labour or such other public officer as the Governor may appoint.

(5) All members shall be appointed by the Governor, but the
employers and workers may nominate representatives for appointment,
subject to the Governor's approval, as representative members.

(6) In order to constitute a meeting of a Trade Board, at least one-
third of the whole number of the representative members and at least
one appointed member must be present.





(7) A Trade Board for any trade shall consider, as occasion
requires, any matter referred to them by the Governor with
reference to the industrial conditions of the trade, and shall make
a report upon the matter to the Governor.

3. The provisions of sections 3 to 10 of the Commissioners
Powers Ordinance shall apply to any Board so appointed.

4. (1) Every Trade Board shall, subject to the provisions
of this section, recommended a minimum rate of wages for time-
work in their trade, in this Ordinance referred to as a general
minimum time-rate, and may also recommend for their trade-

(a)a general minimum rate of wages for piece-work. in this
Ordinance referred to as a general minimum piece-rate;

(b)a minimum time-rate (which shall not be higher than
the general minimum time-rate) to apply in the case of
workers employed on piece-work for the purpose of
securing to such workers a minimum rate of remunera-
tion on a time-work basis, in this Ordinance referred to
as a guaranteed time-rate;

(c)a minimum rate (whether a time-rate or a piece-rate) to
apply. in substitution for the minimum rate which would
otherwise be applicable, in respect of hours worked by
a worker in any week or on any day in excess of the
number of hours considered by the Trade Board to be
the normal number of hours of work per week or for
that day in the trade, in this Ordinance referred to as an
overtime rate.

Any of the minimum rates aforesaid may be fixed so as to apply
universally to the trade or so as to apply to any special process in
the work of the trade or to any special area, or to any class of
workers in the trade, or to any class of workers in any special
process or in any special area. If a Trade Board report to the
Governor that it is impracticable in any case to fix a general
minimum time-rate in accordance with this section, the Governor
may so far as respects that case relieve the Trade Board of their
duty.

5. (1) Where any minimum rate of wages has been fixed
by the Governor in Council under this Ordinance, an employer
shall, in cases to which the minimum rate is applicable, pay wages
to the person employed at not less than the minimum rate clear
of all deductions, and if he fails to do so shall be liable on sum-
mary conviction in respect of each offence to a fine of five hundred
dollars and to a fine of fifty dollars for each day on which the
offence is continued after conviction therefor. (Amended, 22 of
1950, Schedule)





(2) On the conviction of an employer under this section for
failing to pay wages at not less than the minimum rate to a person
employed, the court may by the conviction adjudge the employer
convicted to pay, in addition to any fine, such sum as appears
to the court to be due to the person employed on account of
wages, the wages being calculated on the basis of the minimum
rate, but the power to order the payment of wages under this
provision shall not be in derogation of any right of the person
employed to recover wages by any other proceedings.

(3) Where an employer has been convicted for failing to
pay wages at not less than the minimum rate to any worker, then.
if notice of intention so to do has been served with the summons,
warrant, or complaint, evidence may be given of any failure on
the part of the employer to pay wages at not less than the
minimum rate to that worker at any time during the two years
immediately preceding the date on which the information was
laid or the complaint was served, and on proof of the failure the
court may order the employer to pay such sum as in the opinion
of the court represents the difference between the amount which,
having regard to the provisions of this Ordinance, ought properly
to have been paid to the worker by way of wages during those
years and the amount actually so paid.

(4) It shall be the duty of every employer in a trade to which
a minimum rate is applicable, to keep such records of wages as
are necessary to show that the provisions of this Ordinance are
being complied with as respects persons in his employment, and
if he fails to do so he shall be liable on summary conviction in
respect of each offence to a fine of five hundred dollars and also
to a fine of twenty-five dollars for every day during which the
default continues after conviction. (Amended, 22 of 1950,
Schedule)

(5) On any prosecution of a person for failing to pay wages
at not less than the minimum rate, it shall lie on that person to
prove that he has not paid wages at less than the minimum rate.

(6) Any agreement for the payment of wages in contraven-
tion of this provision shall be void.

6. (1) Where an offence for which an employer is by virtue
of this Ordinance liable to a fine has in fact been committed by
some agent of the employer or other person, that agent or other
person shall be liable to be proceeded against for the offence in
the same manner as if he were the employer, and either together
with, or before or after the conviction of, the employer, and shall
be liable on conviction to the same punishment as that to which
the employer is liable.

(2) Where an employer who is charged with an offence
against this Ordinance proves to the satisfaction of the court that





he has used due diligence to enforce the execution of the Ordinance.
and that the offence was in fact committed by his agent or some other
person without his knowledge, consent, or connivance, he shall, in the
event of the conviction of that agent or other person for the offence, be
exempt from any fine in respect of the offence, without prejudice,
however, to the power of the court under subsections (2) and (3) of
section 5 to adjudge him to pay any sum which appears to the court to
be due to the person employed on account of wages.

(3) Where the immediate employer of any worker to whom a
minimum rate of wages applies is himself in the employment of some
other person and that worker is employed on the premises of that other
person. that other person shall for the purposes of the provisions of this
Ordinance relating to the penalty for not paying wages in accordance
with the minimum rate be deemed to be the employer of the worker
jointly with the immediate employer.

7. (1) An employer shall, in cases where persons are employed on
piece-work and a general minimum time-rate but no general minimum
piece-rate has been fixed. be deemed to pay wages at less than the
minimum rate

(a)in cases where a special minimum piece-rate has been fixed
under the provisions of this Ordinance for persons employed
by that employer, if the rate of wages paid is less than that
special minimum piece-rate: and

(b)in cases where a special minimum piece-rate has not been so
fixed, unless he shows that the piece-rate of wages paid would
yield, in the circumstances of the case, to an ordinary worker
at least the same amount of money as the basis rate.

(2) For the purpose of this section the expression 'basis rate-
means the general minimum time-rate or, where a rate, in this Ordinance
referred to as a piece-work basis time-rate, has been fixed by the
Governor in Council for the purpose of being substituted for the general
minimum time-rate as the basis rate, the rate so fixed.

(3) The Governor in Council may fix a piece-work basis time-rate in
any case in which, having regard to all the circumstances of the case, he
is of opinion that the general minimum time-rate does not form a proper
basis for the purposes of paragraph (b) of subsection (1), and a piece-
work basis time-rate may be higher or lower than the general minimum
time-rate and may be fixed so as to apply universally to the trade or so
as to apply to any special process in the work of the trade or to any
special area, or to any class of workers in the trade or to any class of
workers in any special process or in any special area.





8. Any shopkeeper, dealer, or trader, who by way of trade makes
any arrangement express or implied with any worker in pursuance of
which the worker performs any work for which a minimum rate of wages
has been fixed under this Ordinance, shall be deemed for the purposes
of this Ordinance to be the employer of the worker, and the net
remuneration obtainable by the worker in respect of the work after
allowing for his necessary expenditure in connexion with the work shall
be deemed to be wages.

9. (1) Where a worker in any trade, being a person to whom a
minimum rate of wages fixed by the Governor in Council applies, is an
apprentice or learner, it shall not be lawful for his employer to receive
directly or indirectly from him, or on his behalf or on his account, any
payment by way of premium:

Provided that nothing in the foregoing provisions shall apply to
any such payment duly made in pursuance of any instrument of
apprenticeship not later than four weeks after the commencement of the
employment.

(2) If any employer acts in contravention of this provision. he shall
be liable on summary conviction in respect of each offence to a fine of
five hundred dollars, and the court may by the conviction, in addition to
imposing a fine, adjudge him to repay to the worker or other person by
whom the payment was made the sum improperly received by way of
premium. (Amended, 22 of 1950, Schedule)

10. (1) Any officer of any Government department for the time
being assisting in carrying this Ordinance into effect shall have power
for the performance of his duties

(a)to require the production of wages sheets or other record of
wages by an employer, and records of payments made to
outworkers by persons giving out work, and to inspect and
examine the same and copy any material part thereof;

(b)to require any person giving out work and any outworker to
give any information which it is in his power to give with
respect to the names and addresses of the persons to whom
the work is given out or from whom the work is received, as
the case may be, and with respect to the payments to be made
for the work;

(e)at all reasonable times to enter any factory or workshop or
any place used for giving out work to outworkers;

(d)to inspect and copy any material part of any list of outworkers
kept by an employer or person giving out work to outworkers;
and

(e)to examine, either alone or in the presence of any other
person, as he thinks fit, with respect to any matters under





this Ordinance any person whom he finds in any factory or
workshop or any place used for giving out work to
outworkers, or whom he has reasonable cause to believe to be
or to have been a worker in any trade to which a minimum rate
under this Ordinance is applicable, and to require every such
person to be so examined, and to sign a declaration of the
truth of the matters in respect of which he is so examined.

(2) If any person fails to furnish the means required by an officer as
necessary for any entry or inspection or the exercise of his powers
under this section, or if any person hinders or molests any officer in the
exercise of the powers given by this section, or refuses to produce any
document or give any information which any officer requires him to
produce or give under the powers given by this section, that person
shall be liable on summary conviction in respect of each offence to a fine
of two hundred and fifty dollars; and, if any person makes, or causes to
be made, or knowingly allows to be made any wages sheet, or record of
wages, or record of payments, or any list of outworkers which is false in
any material particular, or produces or causes to be produced, or
knowingly allows to be produced any such sheet, record or list to any
officer acting in the exercise of the powers given by this section,
knowing the same to be false, or furnishes any information to any such
officer knowing the same to be false, he shall be liable on summary
conviction to a fine of five hundred dollars or to imprisonment for three
months. (Amended, 22 of 1950, Schedule)

11. Every officer of any Government department for the time being
assisting in carrying this Ordinance into effect, shall be furnished by the
Commissioner of Labour with a certificate of his appointment, and when
acting under any or exercising any power conferred upon him by this
Ordinance shall, if so required, produce the said certificate to any
person or persons affected.

12. Any such officer may, although not a barrister or solicitor,
prosecute or conduct before a court of summary jurisdiction any
proceedings arising under this Ordinance.

13. No prosecution under this Ordinance shall be commenced
without the consent of the Commissioner of Labour.
Originally 15 of 1940. (Cap. 63, 1950.) 22 of 1950. Short title. Fixing minimum wages in certain cases; establishment of Trade Boards for trades to which Ordinance applies; 9 Edw. 7, C. 22, s. 11. 9 Edw. 7, c. 22, s. 13. 9 Edw, 7, c. 22, s. 2(2). 9 Edw. 7, s. 22, s. 11(6). general duties of Trade Boards. 9 Edw. 7, c. 22, s. 3. Application of Cap. 86. Duties and powers of Trade Boards with respect to minimum rates of wages. 9 Edw. 7, c. 22, s. 4. Penalty for not paying wages in accordance with minimum rate which has been made obligatory. 9 Edw. 7, c. 22, s. 6. 8 & 9 Geo. 5, c. 32, s. 9(1). Liability of agents and other persons. 8 & 9 Geo. 5, c. 32, s. 5. Provision for case of persons employed by piece-work where a minimum time-rate but no general minimum piece-rate has been fixed. 9 Edw. 7, c. 22, s. 8. Prevention of evasion. 9 Edw. 7, c. 22, s. 9. Employers not to receive premium where minimum rates in force. 8 & 9 Geo. 5, c. 32, s. 7. Powers of officers. 9 Edw. 7, c. 22, s. 15. Officers to produce certificates when required. 9 Edw. 7, c. 22, s. 16. Power to conduct proceedings. 9 Edw. 7, c. 22, s. 17(2). Consent of Commissioner to prosecution.

Originally 15 of 1940. (Cap. 63, 1950.) 22 of 1950. Short title. Fixing minimum wages in certain cases; establishment of Trade Boards for trades to which Ordinance applies; 9 Edw. 7, C. 22, s. 11. 9 Edw. 7, c. 22, s. 13. 9 Edw, 7, c. 22, s. 2(2). 9 Edw. 7, s. 22, s. 11(6). general duties of Trade Boards. 9 Edw. 7, c. 22, s. 3. Application of Cap. 86. Duties and powers of Trade Boards with respect to minimum rates of wages. 9 Edw. 7, c. 22, s. 4. Penalty for not paying wages in accordance with minimum rate which has been made obligatory. 9 Edw. 7, c. 22, s. 6. 8 & 9 Geo. 5, c. 32, s. 9(1). Liability of agents and other persons. 8 & 9 Geo. 5, c. 32, s. 5. Provision for case of persons employed by piece-work where a minimum time-rate but no general minimum piece-rate has been fixed. 9 Edw. 7, c. 22, s. 8. Prevention of evasion. 9 Edw. 7, c. 22, s. 9. Employers not to receive premium where minimum rates in force. 8 & 9 Geo. 5, c. 32, s. 7. Powers of officers. 9 Edw. 7, c. 22, s. 15. Officers to produce certificates when required. 9 Edw. 7, c. 22, s. 16. Power to conduct proceedings. 9 Edw. 7, c. 22, s. 17(2). Consent of Commissioner to prosecution.

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