Hong Kong Ordinances

CONTRACTS FOR EMPLOYMENT OUTSIDE HONG KONG ORDINANCE - SECT 4

Contracts to which the Ordinance applies

(Past version on 01/07/2002).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(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   (b)  (Repealed 56 of 2000 s. 3)

   (c)  any person or class of persons migrating for employment whose
        admission to the place of immigration will be granted on a permanent
        basis. (Amended 48 of 1985 s. 5; 33 of 1992 s. 4; 56 of 2000 s. 3)

   (d)  any person who does not perform primarily manual work and whose wages
        exceed an amount set by the Secretary for Labour and Welfare by notice
        in the Gazette. (Amended L.N. 106 of 2002; L.N. 130 of 2007) (Amended
        33 of 1992 s. 4)