EMPLOYERS AND SERVANTS ORDINANCE, 1902
Title
EMPLOYERS AND SERVANTS ORDINANCE, 1902
Description
No. 45 of 1902.
To amend the law relating to Employers and Servants.
[17th December, 1902.]
1. The Employers and Servants Ordinance, 1902.
2. In this Ordinance,-
---Contract of service---means any contract, whether in writing or
verbal, to work- personally for any period of tinie :
---E mployer--- includes any person, firm, corporation or company
who, or which, enters into any contract of service with any servant
as next hereinafter defined, and the agent of every such person,
firm, corporation or company:
Servant---includes every person above the age of 16 years being
a mechanic, artificer or other handicraftsman, engine-driver or
firem an, boatinan, any person engaged for service on board any
launch, motor-boat, cargo-boat, fishing-Pink, or trading-junk,
messenger, lift attendant, godown-keeper, tallyman, watchman,
labourer, servant in husbandry or manufacture, coachman, groom
or other stable servant, gardener or other gard en servant, bearer of
private chair, puller or propeller of private jinricksha water carrier,
domestic menial or other house servant whether ordinarily employed
in or out of doors, who enters into a contract of service with an
employer.
3. Any person over the age of 16 years inay enter into a. contract*
of service under this Ordinance.
4. In the absence of any agreement in writing to the contrary
every contract of service (except in the case of hire by the day, job,
or journey) shall be deemed to be a contract for one month renew-
able froin month to nionth, and every such contract shall be deemed
to be so renewed unless such contract shall be determined in the
manner prescribed in the next section.
Every servant under such contract shall, in addition to any service
which he may have specially contracted to perform, be deemed to
have contracted to perform all such additional light duties as he may
reasonably be called upon by his employer to perform.
As aniended by No. 8 of 1912.
As 6mended by No. 1 of 1912, No. 43 of 1912 and No. 43 of'1912
Supp. Sched.
As amended by No. 50 of 1911.
5. Every such contract may he determined (1) by either party
thereto giving to the other notice to determine such contract at the
termination of one calendar month from the date of such notice -
or (12) at any time without notice by the employer paying to the
servant in lieu of such notice the wages, if any, due to him for the
time he has served and a further sum of money equal to one month's
wac,es from the date of the determination of such contract.
6. A contract of service for more than one rnonth shall be in
writing and shall bc executed in the. manner hereina fl er prescribed.
7. E'very such contract shall be executed in duplicate in the pre-
sence of a Magistrate, or in the case of any sailor, boatman, or
other person engaged for service on any eargo-boat or fishing or
trading junk before the European police officer in charge of the
police station of the, district in which stich contract is made, who
shall before the exectition thereof explain to the servant the nature
of such contract, and. upon the execution thereof shall endorse,
thereon his certificate that siich contract has been dnly explained
by him to such servant, and thereafter shall deliver such dtiplicate
to such servant.
8. No such contract shall be effective for a longer period than 5
years if made beyond the Colony, nor shall be for a longer period
than 3 years. if made within the Colony.
9. Any person beyond the Colony desiring to enter into a contract
to serve within the Colony may do so in writing in the presence of
two witnesses who shall certify as such witnesses that the contract
was, before the execiition thereof, duly explained to the party
or parties executing the same.
10. Every such contract shall clearly ctpress therein the time for
which it is to endure, the wages to be paid, the nature of the service
to be performed, the sum of money (if any) to be chargeable aoainst
and deducted from the wages, and that the employer is bound to
provide regular work at stipulated, wages for the servant.
11. Any Magistrate, lipon proof that such contract has been duly
executed, may, if so desired by the parties 'thereto, endorse such
contract as acknowledged before him and thereupon such contract
shall be as valid and binding within the Colony as a contract of
service in writing exeouted within the Colony.
12. Every question between the parties to any contract of service
re3pecting wage3 or alleged disobedience of lawful orders, negligence,
carelescness, injury to property, insolence, abusive or insulting lan.
guage, or other alleged ruisconduct in the course of service under
.-tieh contract; and every question respecting any alleged refusal or
neglect to enter upon or commence service under any such contract,
or respecting alleged unlawful absence from service under any such
contract, or other alleged failure to fulfil the terms thereof ; and
every queAion respecting any alleged wrongful determination of any
such contract shall be heard and determined by a Magistrate in a
sumniary manner in accordance with the law regulating procedure
before Magistrates.
If it be made to appear to a Aslagistrate that there is good
ground for believing that any party against whom a complaint has
been ---rlade under this Ordinance, lias absconded or is about to
abscond, such Magistrate may issue a warrant to apprehend such
party and detain hirn in custody until the bearing of such complaint,
unless such party shall give security to the satisfaction of such
Magistrate for his hppearance to answer such complaint.
14. On the hearing of any complaint for the recos-ery of wages the
Magistrate may order that the whole or any part of any wageg claim-
ed be withheld, or that the whole or any part of any wages, witb
such an amount not exceeding 10 days' wages in addition as n-lay
seem just, shall be paid by way of compensation to the servant for
unpaid wages.
15. On the hearing of any complaint for wrongful determination
of any contract of service the Magistrate may order any wages due
on the contract to be paid or withheld either wholly or in part and
may, if he sees fit, order the party in default to pay to the other
party any sum not exceeding one month's wages by way of conipen-
sation for the wrongful determination of the contract.
16. On the hearing of any complaint for refusal to enter upon or
commence service under any contract of service or for unlawful
absence from service or for disobedience to lawful orders, negligence
carelessness, injury to property, insolence, abusive or insulting lan-
guage or other misconduct the Magistrate may order the party
As amended by No. 2 of 1912.
As amended by No. 1 of 1912.
complained against to pay a fine not exceeding 50 dollars, and may
order that the whole or any part of such fine be paid by way of
compensation to the party complaining
17. On any complaint by a party to a written contract of service
that the other party neglects or onilts to fulfil the contract, or omits
or refuses to enter on or commence service, or absents himself from
service, the Magistrate inav, in addition to any other penalty
authorised by this Ordinance, order the party complained against to
fulfil the contract, and may, if he thinks fit, order such party to
find security for the fulfilment of such contract, and in default of
such security to, nay a fine not exceeding- .50 dollars.
18. Every servant, whether in combination with others or not,
who wilfully breaks a. contract of service under this Ordinance know-
ing or having reasonable cause to believe that the probable conse-
quences of so doing will be to cause the stoppage of work in any
factory, field or place in such a manner as may lw attended with
serious loss to the owner of the factory field or place, or seriolls
inconvenience to the public shall, on simunary conviction, be
liable to a fine not exceeding 100 dollars.
19. The wages of a servant shall in, the absence of agreement to
the contrary, be payable monthly.
20. No wages shall be payable to any servant for any period of
his term of servicewhich he has undergone sentence
of imprisonment.
21., If any servant under a written contract of service shall,
during the continuance of such contract, have been sentenced to
imprisonment, or shall have been convicted for having absented
hiniself without leave, such period of imprisonment or absence shall
be'endorsed on the contract by the Magistrate by whoni such ser-
vant may be sentenced to imprisonment or before whorn such
servant shall be proved to have been absent without leave, and the
period. of such imprisonment or absence shall not be deemed to be
a part of the service of such servant, and he shall be cornpellable,
if his employer so requires, to serve for the full period for which he
As amended by No. 1 of 1912.
As: amendo by, No. 30 of 1911, No. 1 of 1912 and No. 2 of 1912.
As amended by No. 2 of 1912.
had contracted to serve, and he shall for such extended period
continue to be under the provisions of this Ordinance.
22. On the hearing of any complaint under this Ordinance the
parties to the contract of service and their husbands and wives shall
be coini)etent as witnesses.
23. Every contract of service in force at the coming into operation
of this Ordinance shall be subject to the provisions tbereof and the
parties thereto shall be entitled to the benefit of such provisions.
24. Nothing in this Ordinance shall be construed to deprive an
employer of his right to dismiss a servant summarily for cause, nor
to deprive an employer or a servant of his civil remedy for the
breach or Don-performance of any contract of service in any case
where proceedings for such breach or non-perforinance are not
instituted by him under this Ordinance.
25. Nothing in this Ordinance shall prevent the application of the
criminal law to the parties to a contract of service, provided that no
person be punished twice for the same offence; and any prosecution
commenced under this Ordinance may be withdrawn before Judg-
ment and a fresh prosecution be instituted tinder the criminal law
applicable to the circumstances.
26. Nothing in this Ordinance contained shall be deemed to affect
in any way the provisions of the merchant Shipping Act, 1894, or the
Merchant Shipping Ordinance, 1899, with reference to the engage-
ment of seamen and to agreements therewith made by masters of
ships.
Is. 127, 1,ransf6rred to s. 1 by No. 8 of 1912.]
[Sched. rep. No. 1 of 1912.]
Short title. Interpretation of terms. Person over 16 may contract.Contract if verbal to be monthly unless within exceptions. Determination of monthly contract. Contract for more than one month to be in writing.To be executed in duplicate;servant entitled to duplicate. Limitation of duration of contract. Contract made beyond Colony for execution within. What conditions shall be stated therein. Endorsement of contract by Magistrate. Questions between parties to be determined by Magistrate in a summary manner. Cf.No.3 of 1890. Magistrate may issue warrant to arrest absconding party to contract. Power of Magistrate over wages. Power of Magistrate in cases of wrongful determination of contract. Power of Magistrate to fine. Power of Magistrate to order security for fulfilment of written contract. Power to Magistrate to punish for wilful breach of contract causing or likely to cause serious loss. Wages payable monthly. Forfeiture of wages. Absence while in prison or without leave not deemed part of period of service under written contract. Parties,their husbands and wives competent as witnesses. Existing contracts. Saving of civil remedy in cases of breach or non-performance of contract. Saving of criminal proceedings in certain cases. Saving of Merchant Shipping laws.57 & 58 Vict.c.60. No.10 of 1899.
To amend the law relating to Employers and Servants.
[17th December, 1902.]
1. The Employers and Servants Ordinance, 1902.
2. In this Ordinance,-
---Contract of service---means any contract, whether in writing or
verbal, to work- personally for any period of tinie :
---E mployer--- includes any person, firm, corporation or company
who, or which, enters into any contract of service with any servant
as next hereinafter defined, and the agent of every such person,
firm, corporation or company:
Servant---includes every person above the age of 16 years being
a mechanic, artificer or other handicraftsman, engine-driver or
firem an, boatinan, any person engaged for service on board any
launch, motor-boat, cargo-boat, fishing-Pink, or trading-junk,
messenger, lift attendant, godown-keeper, tallyman, watchman,
labourer, servant in husbandry or manufacture, coachman, groom
or other stable servant, gardener or other gard en servant, bearer of
private chair, puller or propeller of private jinricksha water carrier,
domestic menial or other house servant whether ordinarily employed
in or out of doors, who enters into a contract of service with an
employer.
3. Any person over the age of 16 years inay enter into a. contract*
of service under this Ordinance.
4. In the absence of any agreement in writing to the contrary
every contract of service (except in the case of hire by the day, job,
or journey) shall be deemed to be a contract for one month renew-
able froin month to nionth, and every such contract shall be deemed
to be so renewed unless such contract shall be determined in the
manner prescribed in the next section.
Every servant under such contract shall, in addition to any service
which he may have specially contracted to perform, be deemed to
have contracted to perform all such additional light duties as he may
reasonably be called upon by his employer to perform.
As aniended by No. 8 of 1912.
As 6mended by No. 1 of 1912, No. 43 of 1912 and No. 43 of'1912
Supp. Sched.
As amended by No. 50 of 1911.
5. Every such contract may he determined (1) by either party
thereto giving to the other notice to determine such contract at the
termination of one calendar month from the date of such notice -
or (12) at any time without notice by the employer paying to the
servant in lieu of such notice the wages, if any, due to him for the
time he has served and a further sum of money equal to one month's
wac,es from the date of the determination of such contract.
6. A contract of service for more than one rnonth shall be in
writing and shall bc executed in the. manner hereina fl er prescribed.
7. E'very such contract shall be executed in duplicate in the pre-
sence of a Magistrate, or in the case of any sailor, boatman, or
other person engaged for service on any eargo-boat or fishing or
trading junk before the European police officer in charge of the
police station of the, district in which stich contract is made, who
shall before the exectition thereof explain to the servant the nature
of such contract, and. upon the execution thereof shall endorse,
thereon his certificate that siich contract has been dnly explained
by him to such servant, and thereafter shall deliver such dtiplicate
to such servant.
8. No such contract shall be effective for a longer period than 5
years if made beyond the Colony, nor shall be for a longer period
than 3 years. if made within the Colony.
9. Any person beyond the Colony desiring to enter into a contract
to serve within the Colony may do so in writing in the presence of
two witnesses who shall certify as such witnesses that the contract
was, before the execiition thereof, duly explained to the party
or parties executing the same.
10. Every such contract shall clearly ctpress therein the time for
which it is to endure, the wages to be paid, the nature of the service
to be performed, the sum of money (if any) to be chargeable aoainst
and deducted from the wages, and that the employer is bound to
provide regular work at stipulated, wages for the servant.
11. Any Magistrate, lipon proof that such contract has been duly
executed, may, if so desired by the parties 'thereto, endorse such
contract as acknowledged before him and thereupon such contract
shall be as valid and binding within the Colony as a contract of
service in writing exeouted within the Colony.
12. Every question between the parties to any contract of service
re3pecting wage3 or alleged disobedience of lawful orders, negligence,
carelescness, injury to property, insolence, abusive or insulting lan.
guage, or other alleged ruisconduct in the course of service under
.-tieh contract; and every question respecting any alleged refusal or
neglect to enter upon or commence service under any such contract,
or respecting alleged unlawful absence from service under any such
contract, or other alleged failure to fulfil the terms thereof ; and
every queAion respecting any alleged wrongful determination of any
such contract shall be heard and determined by a Magistrate in a
sumniary manner in accordance with the law regulating procedure
before Magistrates.
If it be made to appear to a Aslagistrate that there is good
ground for believing that any party against whom a complaint has
been ---rlade under this Ordinance, lias absconded or is about to
abscond, such Magistrate may issue a warrant to apprehend such
party and detain hirn in custody until the bearing of such complaint,
unless such party shall give security to the satisfaction of such
Magistrate for his hppearance to answer such complaint.
14. On the hearing of any complaint for the recos-ery of wages the
Magistrate may order that the whole or any part of any wageg claim-
ed be withheld, or that the whole or any part of any wages, witb
such an amount not exceeding 10 days' wages in addition as n-lay
seem just, shall be paid by way of compensation to the servant for
unpaid wages.
15. On the hearing of any complaint for wrongful determination
of any contract of service the Magistrate may order any wages due
on the contract to be paid or withheld either wholly or in part and
may, if he sees fit, order the party in default to pay to the other
party any sum not exceeding one month's wages by way of conipen-
sation for the wrongful determination of the contract.
16. On the hearing of any complaint for refusal to enter upon or
commence service under any contract of service or for unlawful
absence from service or for disobedience to lawful orders, negligence
carelessness, injury to property, insolence, abusive or insulting lan-
guage or other misconduct the Magistrate may order the party
As amended by No. 2 of 1912.
As amended by No. 1 of 1912.
complained against to pay a fine not exceeding 50 dollars, and may
order that the whole or any part of such fine be paid by way of
compensation to the party complaining
17. On any complaint by a party to a written contract of service
that the other party neglects or onilts to fulfil the contract, or omits
or refuses to enter on or commence service, or absents himself from
service, the Magistrate inav, in addition to any other penalty
authorised by this Ordinance, order the party complained against to
fulfil the contract, and may, if he thinks fit, order such party to
find security for the fulfilment of such contract, and in default of
such security to, nay a fine not exceeding- .50 dollars.
18. Every servant, whether in combination with others or not,
who wilfully breaks a. contract of service under this Ordinance know-
ing or having reasonable cause to believe that the probable conse-
quences of so doing will be to cause the stoppage of work in any
factory, field or place in such a manner as may lw attended with
serious loss to the owner of the factory field or place, or seriolls
inconvenience to the public shall, on simunary conviction, be
liable to a fine not exceeding 100 dollars.
19. The wages of a servant shall in, the absence of agreement to
the contrary, be payable monthly.
20. No wages shall be payable to any servant for any period of
his term of servicewhich he has undergone sentence
of imprisonment.
21., If any servant under a written contract of service shall,
during the continuance of such contract, have been sentenced to
imprisonment, or shall have been convicted for having absented
hiniself without leave, such period of imprisonment or absence shall
be'endorsed on the contract by the Magistrate by whoni such ser-
vant may be sentenced to imprisonment or before whorn such
servant shall be proved to have been absent without leave, and the
period. of such imprisonment or absence shall not be deemed to be
a part of the service of such servant, and he shall be cornpellable,
if his employer so requires, to serve for the full period for which he
As amended by No. 1 of 1912.
As: amendo by, No. 30 of 1911, No. 1 of 1912 and No. 2 of 1912.
As amended by No. 2 of 1912.
had contracted to serve, and he shall for such extended period
continue to be under the provisions of this Ordinance.
22. On the hearing of any complaint under this Ordinance the
parties to the contract of service and their husbands and wives shall
be coini)etent as witnesses.
23. Every contract of service in force at the coming into operation
of this Ordinance shall be subject to the provisions tbereof and the
parties thereto shall be entitled to the benefit of such provisions.
24. Nothing in this Ordinance shall be construed to deprive an
employer of his right to dismiss a servant summarily for cause, nor
to deprive an employer or a servant of his civil remedy for the
breach or Don-performance of any contract of service in any case
where proceedings for such breach or non-perforinance are not
instituted by him under this Ordinance.
25. Nothing in this Ordinance shall prevent the application of the
criminal law to the parties to a contract of service, provided that no
person be punished twice for the same offence; and any prosecution
commenced under this Ordinance may be withdrawn before Judg-
ment and a fresh prosecution be instituted tinder the criminal law
applicable to the circumstances.
26. Nothing in this Ordinance contained shall be deemed to affect
in any way the provisions of the merchant Shipping Act, 1894, or the
Merchant Shipping Ordinance, 1899, with reference to the engage-
ment of seamen and to agreements therewith made by masters of
ships.
Is. 127, 1,ransf6rred to s. 1 by No. 8 of 1912.]
[Sched. rep. No. 1 of 1912.]
Short title. Interpretation of terms. Person over 16 may contract.Contract if verbal to be monthly unless within exceptions. Determination of monthly contract. Contract for more than one month to be in writing.To be executed in duplicate;servant entitled to duplicate. Limitation of duration of contract. Contract made beyond Colony for execution within. What conditions shall be stated therein. Endorsement of contract by Magistrate. Questions between parties to be determined by Magistrate in a summary manner. Cf.No.3 of 1890. Magistrate may issue warrant to arrest absconding party to contract. Power of Magistrate over wages. Power of Magistrate in cases of wrongful determination of contract. Power of Magistrate to fine. Power of Magistrate to order security for fulfilment of written contract. Power to Magistrate to punish for wilful breach of contract causing or likely to cause serious loss. Wages payable monthly. Forfeiture of wages. Absence while in prison or without leave not deemed part of period of service under written contract. Parties,their husbands and wives competent as witnesses. Existing contracts. Saving of civil remedy in cases of breach or non-performance of contract. Saving of criminal proceedings in certain cases. Saving of Merchant Shipping laws.57 & 58 Vict.c.60. No.10 of 1899.
Abstract
Short title. Interpretation of terms. Person over 16 may contract.Contract if verbal to be monthly unless within exceptions. Determination of monthly contract. Contract for more than one month to be in writing.To be executed in duplicate;servant entitled to duplicate. Limitation of duration of contract. Contract made beyond Colony for execution within. What conditions shall be stated therein. Endorsement of contract by Magistrate. Questions between parties to be determined by Magistrate in a summary manner. Cf.No.3 of 1890. Magistrate may issue warrant to arrest absconding party to contract. Power of Magistrate over wages. Power of Magistrate in cases of wrongful determination of contract. Power of Magistrate to fine. Power of Magistrate to order security for fulfilment of written contract. Power to Magistrate to punish for wilful breach of contract causing or likely to cause serious loss. Wages payable monthly. Forfeiture of wages. Absence while in prison or without leave not deemed part of period of service under written contract. Parties,their husbands and wives competent as witnesses. Existing contracts. Saving of civil remedy in cases of breach or non-performance of contract. Saving of criminal proceedings in certain cases. Saving of Merchant Shipping laws.57 & 58 Vict.c.60. No.10 of 1899.
Identifier
https://oelawhk.lib.hku.hk/items/show/928
Edition
1912
Volume
v2
Subsequent Cap No.
57
Cap / Ordinance No.
No. 45 of 1902
Number of Pages
5
Files
Collection
Historical Laws of Hong Kong Online
Citation
“EMPLOYERS AND SERVANTS ORDINANCE, 1902,” Historical Laws of Hong Kong Online, accessed November 23, 2024, https://oelawhk.lib.hku.hk/items/show/928.
