Hong Kong Ordinances

CONTRACTS FOR EMPLOYMENT OUTSIDE HONG KONG ORDINANCE - SECT 4

Contracts to which the Ordinance applies

Caution: This is a past version. See the current version here.

(1) Subject to subsection (2), this Ordinance applies to contracts of
employment entered into in Hong Kong after the commencement of this Ordinance,
by which a person in Hong Kong enters or agrees to enter into the service of
another person who is not in Hong Kong and not carrying on a business in Hong
Kong where the contract is to be performed, whether wholly or partially,
outside Hong Kong. (Amended 48 of 1985 s. 15; 33 of 1992 s.4)

(2) This Ordinance shall not apply in respect of-

   (a)  persons employed for service as members of the crews of ships or
        aircraft;

   (b)  persons proceeding to the United Kingdom for the purpose of employment
        there, being employment in respect of which a work permit, issued by
        or on behalf of the appropriate authority, is required under any
        United Kingdom law for the time being in force governing immigration
        to the United Kingdom; (Replaced 48 of 1985 s. 5)

   (c)  any person or class of persons migrating for employment whose
        admission to the country of immigration will be granted on a permanent
        basis. (Amended 48 of 1985 s. 5; 33 of 1992 s.4)

   (d)  any person who does not perform primarily manual work and whose wages
        exceed an amount set by the Secretary for Education and Manpower by
        notice in the Gazette. (Amended 33 of 1992 s. 4)