- (e) prescribing the records to be kept and returns to be made to the Commissioner by employment agencies.
Interpretation. 30. In this Part—
“employment agency” means any person who acts as an intermediary for the purpose of procuring or obtaining employment for another person or supplying the labour of another person, manual or otherwise, to an employer whether or not with a view to deriving either directly or indirectly any pecuniary or other material advantage from either the employer or any such other person, but does not mean a contractor who employs any person on work for another person;
“overseas contract” has the meaning assigned to it in the (Cap. 78.)Contracts for Overseas Employment Ordinance.
PART VIII.
Offences and Penalties.
Offences and penalty. 31. (1) Any employer who wilfully and without reasonable excuse contravenes any of the provisions of section 13, 14 or 15 shall be guilty of an offence.
(2) Any person who contravenes any of the provisions of section 16, 17, subsection (2) of section 18, section 19, 20, 21, 22, 23, subsection (1) of section 25 or section 28 shall be guilty of an offence.
(3) Any person who fails to comply with the requirements of a notice in writing or a notice published in the Gazette under subsection (1) of section 26 shall be guilty of an offence.
(4) A person who is guilty of an offence under this section shall be liable on conviction to a fine of five thousand dollars.
Prosecution of offences. 32. (1) No prosecution for an offence under subsection (1) of section 31 shall be commenced without the consent in writing of the Commissioner.
(2) Before the Commissioner gives his consent to prosecute under subsection (1) he shall hear the person against whom the allegation is made, or give him an opportunity of being heard.
(3) A prosecution for any offence under section 31 may be conducted by an officer of the Labour Department authorized in that behalf in writing by the Commissioner.
(4) Nothing in this section shall derogate from the powers of the Attorney General in respect of the prosecution of criminal offences.
