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] L.N. 164 of 1976 (Originally 8 of 1976) Cap 47 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Apprenticeship Ordinance. Cap 47 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 In this Ordinance, unless the context otherwise requires- "apprentice" (学徒) means the party to a contract of apprenticeship who agrees to learn a trade or occupation; "attendance order" (上课令) means an attendance order made under section 14 requiring a registered apprentice to attend a course of instruction; "certificate of completion" (结业证书) means a certificate of completion of an apprenticeship given under section 28; "Commissioner" (处长) means the Commissioner for Labour; "contract of apprenticeship" (学徒训练合约) 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" (指定行业) means a trade or occupation specified to be a designated trade under section 45; "Director" (专员) means the person appointed by the Chief Executive to be Director of Apprenticeship under section 33(1); (Replaced 34 of 1991 s. 2. Amended 54 of 2000 s. 3) "employer" (雇主) 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" (监护人) , 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" (督察) means any person appointed under section 33 as an inspector; "party" (立约人) , in relation to a contract of apprenticeship, means any person who is a party to the contract under section 9; "register" (注册纪录册) means the register of contracts of apprenticeship maintained by the Director under this Ordinance; (Amended 13 of 1982 s. 2) "registered contract of apprenticeship" (已注册学徒训练合约) means a contract of apprenticeship registered under this Ordinance, and "registered apprentice" (注册学徒) means an apprentice who is a party to any such contract; (Amended 13 of 1982 s. 2) "technical institution" (工业院校) means The Hong Kong Polytechnic University, the City University of Hong Kong, any technical college or technical institute operated by the Vocational Training Council under the Vocational Training Council Ordinance (Cap 1130) or any institution approved by the Director which provides technical education in subjects appropriate to designated trades; (Replaced 13 of 1982 s. 2. Amended 34 of 1991 s. 2; 100 of 1994 s. 2) "variation document" (更改文件) means a document varying a registered contract of apprenticeship referred to in section 21; "young person" (青年) 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 Chief Executive under section 44. (Amended 54 of 2000 s. 3) Cap 47 s 3 Application of Ordinance 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. Cap 47 s 4 Functions of the Director PART II FUNCTIONS OF THE DIRECTOR (Amended 13 of 1982 s. 11) (1) In relation to the employment and training of apprentices in designated trades and apprentices who are parties to contracts of apprenticeship registered under 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; (f) 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) Cap 47 s 5 Delegation by the Director or the Commissioner Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) Subject to subsection (3), the Director may, either generally or in any particular case, delegate to an officer appointed under section 33(2) 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 officer appointed under section 33(2), the Director shall, unless the contrary is proved, be deemed to have delegated to the officer under subsection (1) the performance or exercise of the function, duty or power. (2A) The Chief Executive may delegate to a 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. (Added 34 of 1991 s. 3. Amended 54 of 2000 s. 3) (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; 34 of 1991 s. 3) Cap 47 s 6 Employment of young persons in designated trades PART III APPRENTICESHIPS (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 $5000. Cap 47 s 7 Existing employment of young persons (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) Cap 47 s 8 Contents and form of contracts of apprenticeship (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. Cap 47 s 9 Parties to contracts of apprenticeship (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 (b) 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 Ordinance (Cap 13); 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) Cap 47 s 10 Extent to which contracts of apprenticeship are binding (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 full age; or (Amended 32 of 1990 s. 14) (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 full age; (Amended 32 of 1990 s. 14) (b) the period of the apprenticeship expires; or (c) the contract is terminated under section 30,whichever first occurs. Cap 47 s 11 Premium not to be demanded or received (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 $5000. Cap 47 s 12 Enticement or wrongful employment of apprentices 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 $5000. Cap 47 s 13 Power to require employer to provide adequate training PART IV TRAINING OF APPRENTICES (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 $1000 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. Cap 47 s 14 Attendance of courses by apprentices (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 connection 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 $2000 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 during the continuance of the attendance order. Cap 47 s 14A Preference to be given to registered apprentices 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) Cap 47 s 15 Compulsory registration of new contracts of apprenticeship PART V REGISTRATION OF CONTRACTS OF APPRENTICESHIP (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 apprenticeship 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 entering 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, equipment 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 guardian (if any); (k) the apprentice and his guardian (if any) have not freely assented to the contract; (l) 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 apprenticeship 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) Cap 47 s 16 Compulsory registration of existing contracts of apprenticeship (1) An employer who is a party to a contract of apprenticeship 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 subsection (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 apprenticeship sent under subsection (1) on any ground specified in section 15(2). (4) Where the Director refuses to register a contract of apprenticeship 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. (Amended 13 of 1982 s. 11) Cap 47 s 17 Voluntary registration of apprenticeship (1) An employer who enters into a contract of apprenticeship 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 registration under this Ordinance, and the Director may, subject to subsections (2) and (3), register that contract. (Replaced 43 of 1980 s. 3) (2) Before registering a contract of apprenticeship under subsection (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 apprenticeship 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 apprenticeship 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) Cap 47 s 18 Exemption from registration of contracts of apprenticeship (1) (Repealed 13 of 1982 s. 6) (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) Cap 47 s 19 Effect of not lodging contracts of apprenticeship for registration 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 $2000, 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 of 1982 s. 11) Cap 47 s 20 Compulsory registration of variation documents (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 under 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 under 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 document under subsection (2) 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) Cap 47 s 21 Variation of registered contracts of apprenticeship PART VI VARIATION OF CONTRACTS OF APPRENTICESHIP 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. Cap 47 s 22 Apprenticeship term may be extended in certain cases (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) he 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 was extended. (Amended 13 of 1982 s. 11) Cap 47 s 23 Apprenticeship period may be shortened where special qualification is obtained (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. (Amended 13 of 1982 s. 11) Cap 47 s 24 Assignment of contract of apprenticeship by employer (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) Cap 47 s 25 Assignment of contract of apprenticeship by the Director (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) Cap 47 s 26 Effect of death of employer (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 representative 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 $2000. Cap 47 s 27 Effect of change in partners (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 apprenticeship 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 $2000. Cap 47 s 28 Completion of apprenticeships PART VII COMPLETION OR TERMINATION OF APPRENTICESHIPS (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 $2000. (Amended 13 of 1982 s. 11) Cap 47 s 29 Suspension of apprentice for misconduct, etc. (1) An employer may suspend from employment with or without pay, any registered apprentice for a period not exceeding 14 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; (c) 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 $1000. Cap 47 s 30 Termination of contracts of apprenticeship (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 (1)(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 apprentice 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) Cap 47 s 31 Effect of termination of contract of apprenticeship for misconduct, etc. (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 designated 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 institution specified by the Director in the original attendance order. (Replaced 43 of 1980 s. 5)(2) The Director shall give written notice of the disqualification 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) Cap 47 s 32 Notification of termination of employment of an apprentice (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 $1000. (Amended 13 of 1982 s. 11) Cap 47 s 33 Appointment of Director, inspectors, etc. Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 PART VIII MISCELLANEOUS (1) The Chief Executive may appoint a person to be Director of Apprenticeship under this Ordinance. (Amended 54 of 2000 s. 3) (2) The Director of Apprenticeship appointed under subsection (1) may appoint inspectors and such other officers as he may consider necessary for carrying out the purposes of this Ordinance. (3) Notice shall be given in the Gazette of an appointment under subsection (1) or (2). (Replaced 34 of 1991 s. 4) Cap 47 s 34 Power of Chief Executive to give directions Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) The Chief Executive may give to the Director and to any officer appointed under section 33(2) 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; 34 of 1991 s. 5) (2) A person to whom a direction is given by the Chief Executive under subsection (1) shall, in the performance or exercise of his functions, duties or powers under this Ordinance, comply with that direction. (Amended 54 of 2000 s. 3) Cap 47 s 35 Powers of entry and inspection 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. Cap 47 s 36 Duty of public officers not to disclose source of complaint, etc. (1) Save as provided in subsection (4), no officer appointed under this Ordinance shall disclose to any person, other than another such 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 apprenticeship 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 officer appointed under this Ordinance. (2) No officer appointed under this Ordinance 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 connection 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 an officer appointed under this Ordinance, such officer shall not at any time (whether or not at the relevant time he is still an officer appointed under this Ordinance) 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 $2000. (6) In this section "officer appointed under this Ordinance" (根据本条例获委任的人员) means the Director appointed under section 33(1) or an officer appointed under section 33(2). (Added 34 of 1991 s. 6) (Amended 34 of 1991 s. 6) Cap 47 s 37 Service of notices Any notice to be served or given or any document to be served or sent under this Ordinance may, except where the Ordinance otherwise provides, be given, sent or served by registered post. Cap 47 s 38 Returns to be made to the Director 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) Cap 47 s 39 Reference of disputes to the Director 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) Cap 47 s 40 Director and officers to give reasons for decisions A notice to any person of a decision of the Director or any officer appointed under section 33(2) in the performance or exercise of any function, duty or power under this Ordinance shall be accompanied by an adequate statement of the reasons for that decision. (Replaced 6 of 1994 s. 33) Cap 47 s 40A Appeals (1) Any person aggrieved by a decision of the Director or any officer appointed under section 33(2) made in respect of him in the performance or exercise of any function, duty or power under this Ordinance may, within 28 days after the date on which he was informed of the decision or he otherwise comes to know of it, whichever is the later, appeal to the Administrative Appeals Board. (2) The Director shall enter a decision or order of the Administrative Appeals Board made in respect of a registered contract of apprenticeship or in respect of a variation or assignment of such contract in the register. (Added 6 of 1994 s. 33) Cap 47 s 41 Obstruction 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 $5000 and to imprisonment for 6 months. (Amended 13 of 1982 s. 11) Cap 47 s 42 Prosecution of offences (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 an offence under this Ordinance may be brought in the name of the Director and may for that purpose be commenced by an officer appointed under section 33(2) and authorized in writing by the Director. (Replaced 34 of 1991 s. 8) (3A) For the purposes of the prosecution of an offence mentioned in subsection (3), an officer appointed under section 33(2) and authorized in writing by the Director, who apart from this subsection is not qualified to act as a barrister or solicitor, may appear and plead before a magistrate and shall, in relation to the prosecution, have all the other rights of a person qualified to practise as a barrister or solicitor under the Legal Practitioners Ordinance (Cap 159). (Added 34 of 1991 s. 8) (4) Nothing in this section shall derogate from the powers of the Secretary for Justice in respect of the prosecution of criminal offences. (Amended L.N. 362 of 1997) Cap 47 s 43 Evidence by certificate (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) Cap 47 s 44 Power to extend age limit of young persons Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) The Chief Executive 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. (Amended 54 of 2000 s. 3) (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. Cap 47 s 45 Chief Executive to specify designated trades Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 The Chief Executive may by order specify any trade or occupation to be a designated trade. (Replaced 13 of 1982 s. 8. Amended 54 of 2000 s. 3) Cap 47 s 46 Specification of certain matters by the Director (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 apprentices by employers; (e) the training programmes to be followed in the teaching of registered apprentices; (f) 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) Cap 47 s 46A Amendment of specification to affect subsisting contracts 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) Cap 47 s 47 Regulations Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (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; (f) 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.(1A) The Director, with the approval of the Commissioner, may in writing, in such cases as he thinks fit and for such period and subject to such conditions as he may specify, exempt any person or class of persons from any regulations made under this section. (Added 27 of 1984 s. 2) (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 $5000. (3) All regulations made under subsection (1) shall be submitted to the Chief Executive and shall be subject to the approval of the Legislative Council. (Amended 54 of 2000 s. 3) Cap 47 s 48 Application of the Employment Ordinance The following provisions of the Employment Ordinance (Cap 57) 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- (aa) Part IIA (End of year payment); (Added 48 of 1984 s. 34) (a) Part IVA (Protection against anti-union discrimination); (b) 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 allowance and holidays and annual leave with pay); (Amended 34 of 1991 s. 9) (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)
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