Hong Kong Ordinances

CONTRACTS FOR EMPLOYMENT OUTSIDE HONG KONG ORDINANCE - SECT 7

Effect of non-compliance with section 5 or 6

Where a contract to which this Ordinance applies-

   (a)  is not in writing in accordance with section 5(1); or

   (b)  has not been presented to the Commissioner for attestation before the
        departure of the employee from Hong Kong, it shall not be enforceable
        against the employee and no action shall be maintainable against the
        employee for breach or non-fulfilment thereof, and, where the omission
        to make the contract in writing or to present the contract for
        attestation, as the case may be, is due to wilful omission or neglect
        on the part of the employer or any person acting on the employer's
        behalf, the employee may, without prejudice to any right he may have
        to sue for damages for breach of contract, sue the employer or such
        person for any expenses reasonably incurred by him in the return of
        himself and any dependants accompanying him to Hong Kong. (Amended 48
        of 1985 ss. 9 & 15; 33 of 1992 s. 7)