Hong Kong Ordinances

EMPLOYMENT ORDINANCE - SECT 4

Application of Ordinance

(1) Subject to subsection (2) and section 69, this Ordinance applies to every
employee engaged under a contract of employment, to an employer of such
employee and to a contract of employment between such employer and employee.

(2) Subject to Part IVA, this Ordinance does not apply- (Amended 51 of 1974 s.
2)

   (a)  (Repealed 41 of 1990 s. 3)

   (b)  to a person who is a member of the family of the proprietor of the
        business in which he is employed and who dwells in the same dwelling
        as the proprietor;

   (c)  to an employee as defined in the Contracts for Employment Outside Hong
        Kong Ordinance ( Cap 78); (Amended 33 of 1992 s. 15)

   (d)  to a person who is serving under a crew agreement within the meaning
        of the Merchant Shipping (Seafarers) Ordinance ( Cap 478), or on board
        a ship which is not registered in Hong Kong. (Replaced 44 of 1995 s.
        143)

   (e)  (Repealed 8 of 1976 s. 49)

(2A) This Ordinance shall not apply to contracts of apprenticeship registered
under the Apprenticeship Ordinance ( Cap 47) except to the extent provided in
that Ordinance. (Added 8 of 1976 s. 49)

(3) For the avoidance of doubt it is hereby declared that the provisions of
section 5(3) shall not apply to any contract of employment made before 1 April
1965.