Hong Kong Ordinances

IMMIGRATION ORDINANCE - SECT 17G

Interpretation

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

(1) In this Part-

"appointed day" (指定日期) means the day last declared under
section 17F(1)(a) for section 17I to come into operation;

"approved document" (認可文件) means a document approved by the Governor
under subsection (2)(c)(v);

"certificate of exemption" (豁免證明書) means a certificate issued by the
Commissioner of Registration to a person who by virtue of regulation 25(e) of
the Registration of Persons Regulations ( Cap 177 sub. leg.) (relating to the
aged, the blind and the infirm) is not required to be registered under the
Registration of Persons Ordinance ( Cap 177);

"contract of employment" (僱傭合約) means any agreement, whether in
writing or oral, express or implied, whereby one person agrees to employ
another and that other agrees to serve his employer as an employee and
includes a contract of apprenticeship;

"employee" (僱員) means any person who has entered into a contract of 
employment to be employed by any other person as an employee or apprentice;

"employer" (僱主) means any person who has entered into a contract of 
employment to employ any other person as an employee or apprentice, and the
duly authorized agent, manager or factor of such first mentioned person;

"identity card" (身分證) includes a document issued by the Commissioner of 
Registration acknowledging that the holder has applied-

   (a)  to be registered under the Registration of Persons Ordinance (
        Cap 177); or

   (b)  for a new identity card under regulation 13 or 14 of the
        Registration of Persons Regulations ( Cap 177 sub. leg.);

"official passport" (公務護照) means a passport issued by a government of
any place outside China, to an employee of that government for the purpose of
carrying out official duties; (Amended 23 of 1998 s. 2)

"record of employees" (僱員紀錄) means a record required to be kept under
section 17K.

(2) Without prejudice to any provision of this Ordinance relating to
conditions of stay which may be imposed on any person, a person is lawfully
employable for the purposes of this Part only if-

   (a)  he is the holder of an identity card and he has not breached any
        condition of stay (if any) imposed on him under this Ordinance;
        (Amended 59 of 1996 s. 2)

   (b)  he is the holder of an official passport; or

   (c)  he is not required to be registered under the Registration of 
        Persons Ordinance ( Cap 177) and- (Amended 13 of 2009 s. 4)

        (i)    is the holder of a valid travel document and, having landed in
               Hong Kong lawfully, is not prohibited from taking employment,
               whether paid or unpaid, under any condition of stay, and in
               respect of whom no removal  order or deportation order is in
               force; (Replaced 13 of 2009 s. 4)

        (ii)   (Repealed 31 of 1984 s. 4)

        (iii)  is the holder of a Vietnamese refugee card which does not
               prohibit him from taking employment; (Amended 35 of 1981 s. 6)

        (iv)   is the holder of a certificate of exemption; or

        (v)    is the holder of any other document of a type approved by the
               Governor by order published in the Gazette. (Amended 13 of 2009
               s. 4) (Amended 31 of 1984 s. 4)

"appointed day" (指定日期)

"approved document" (認可文件)

"certificate of exemption" (豁免證明書)

"contract of employment" (僱傭合約)

"employee" (僱員)

"employer" (僱主)

"identity card" (身分證)

"official passport" (公務護照)

"record of employees" (僱員紀錄)