Hong Kong Ordinances

CONTRACTS FOR EMPLOYMENT OUTSIDE HONG KONG ORDINANCE - SECT 11

Attestation of contracts

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 56 of 2000 s. 3

(1) Before attesting any contract pursuant to section 6, the Commissioner
shall satisfy himself that-

   (a)  the employee has freely consented to the contract and that the consent
        has not been obtained by or as a result of any threat, intimidation,
        bribery, deceit, undue influence, misrepresentation or mistake;

   (b)  the employee has fully understood the terms of the contract;

   (c)  the contract is in accordance with the requirements of this Ordinance;

   (d)  in relation to the employee, there has been no contravention of any of
        the provisions of section 51 of the Employment Ordinance ( Cap 57);
        (Amended 38 of 1968 s. 37)

   (e)  the provisions relating to medical examination set out in section 10
        have been complied with and the employee is in a fit condition to
        perform the contract;

   (f)  any bond or guarantee required to be furnished has been furnished in
        accordance with section 8;

   (g)  the employee has declared himself not bound by a previous engagement;
        and

   (h)  in respect of a contract to be performed in a place for which the
        Contracts of Employment (Indigenous Workers) Convention 1939, of the
        International Labour Organization, is not in force, the employee will
        be entitled in that place, either in virtue of the law of that place
        or in virtue of the terms of the contract, to the rights and
        protection specified in articles 10 to 16 of the aforementioned
        Convention. (Amended 56 of 2000 s. 3)

(2) The Commissioner may refuse to attest any such contract-

(a) if he is not satisfied in regard to any of the matters specified in
subsection (1); or

   (b)  if he is satisfied that the terms thereof are unfair to the employee
        or do not adequately protect the employee's interest, and any contract
        which the Commissioner has refused to attest, being a contract
        required to be presented to him for attestation pursuant to section 6,
        shall have no further validity. (Replaced 39 of 1971 s. 5)

(3) Where the Commissioner attests any such contract, he shall attest not less
than 2 copies in addition to the original and shall-

   (a)  deliver one copy to the employee; and

   (b)  retain one copy in safe custody for a period of not less than 6 years.
        (Amended 33 of 1992 s. 10)