Liability for outstanding wages. 33. (1) An employer convicted of an offence under this Ordinance shall, in addition to any fine imposed under section 31, if the court before which the conviction was obtained so orders, pay any wages or other sum outstanding at the time of the conviction and in respect of which the offence was committed.
(2) Where the employer is acquitted of an offence under subsection (1) of section 31 on grounds that his default was not wilful or not without reasonable excuse, the court may, if it finds that any wages or other sums in respect of which the charge was brought are due, order the employer to pay such wages or other sums.
PART IX.
Miscellaneous.
Wages not to be attached. 34. No order for the attachment of wages of an employee shall be made by any court:
Provided that a civil debt due to the Crown under any enactment may be recovered from the wages of an employee by attachment or otherwise.
Saving as to existing contracts of service. 35. Save as is otherwise provided in this section, any agreement or contract of employment entered into between an employer and an employee, which is valid and in force at the commencement of this Ordinance, shall continue to be in force and, subject to any express conditions contained in any such agreement or contract, the parties thereto shall be subject to and entitled to the benefit of the provisions of this Ordinance:
Provided that where any express condition in the agreement or contract is contrary to the provisions of this Ordinance, the express condition shall be void.
Repeal.
(Cap. 57.)
36. The Employers and Servants Ordinance is repealed.
Consequential amendment of Cap. 78. 37. The Contracts for Overseas Employment Ordinance is amended—
- (a) by deleting, in paragraph (d) of subsection (1) of section 10, “subsection (1) of section 14” and substituting therefor the following—
- “section 28 of the Employment Ordinance 1968”; and
- (b) by repealing Part III.
