Hong Kong Ordinances

APPRENTICESHIP ORDINANCE - SECT 42

Prosecution of offences

(Past version on 30/06/1997).

(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)