### Employment Ordinance 《僱傭條例》

51. Prohibitions in respect of the operation of employment agencies
(1) A person must not operate, manage or assist in the management of an employment agency unless the person—
(a) is the holder of a licence or certificate of exemption issued in respect of the employment agency; or
(b) is an associate of the holder. (Replaced 8 of 2018 s. 4)
(2) No person shall operate, manage or assist in the management of an employment agency at any place other than the place of business specified in the licence or certificate of exemption issued in respect of the employment agency.
(3) (Repealed 28 of 1992 s. 2)

52. Application for and issue of licences
(1) The Commissioner may issue a licence to operate an employment agency to any person who applies therefor in such manner as may be prescribed.
(1A) Where the applicant for a licence is a company, the application shall be submitted by a director of the company on its behalf. (Added 28 of 1992 s. 3)
(2) A licence issued under this section shall—
(a) be in a form determined by the Commissioner; and (Replaced 28 of 1992 s. 3)
(b) specify the place of business of the employment agency in respect of which it is issued. (Amended 28 of 1992 s. 3)
(c) (Repealed 28 of 1992 s. 3)(2A) A licensee shall cause his licence to be displayed at all times in a conspicuous position at his place of business. (Added 28 of 1992 s. 3)
(2B) Where a licensee operates an employment agency at more than one place of business, he shall designate which place of business is the main location and shall obtain a duplicate licence for each branch location and cause the duplicate licence to be displayed at all times in a conspicuous position at the branch location. (Added 28 of 1992 s. 3)
(2C) Where a licensee operates an employment agency at more than one location using different names, the agencies shall be deemed to be separate entities and he shall obtain a separate licence for each name used. (Added 28 of 1992 s. 3)
(3) (Repealed 28 of 1992 s. 3)(4) Subject to section 53, a licence issued under subsection (1) shall be valid for 12 months after the date on which it is issued.
(5) The Commissioner may, upon application in such manner as may be prescribed, renew a licence issued under subsection (1).

### Employment Ordinance 《僱傭條例》

54. Commissioner’s power of exemption
(1) Subject to subsection (2), the Commissioner may, upon application in such manner as may be prescribed, exempt an employment agency from obtaining a licence under section 52, subject to such conditions as he may specify, if he is satisfied that the employment agency is non-profit making and should, in the public interest, be so exempted.
(2) (Repealed 28 of 1992 s. 4)(3) The Commissioner shall issue to any person exempted under subsection (1) a certificate of exemption.
(4) A certificate of exemption issued under subsection (3) shall—
(a) be in a form determined by the Commissioner; (Replaced 28 of 1992 s. 4)
(b) specify the place of business of the employment agency in respect of which it is issued; and
(c) specify any conditions subject to which it is issued.

55. Withdrawal of exemption
(1) The Commissioner may, at any time, withdraw an exemption granted under section 54 if he is satisfied that the employment agency has ceased to be non-profit making or should not be so exempted in the public interest.
(2) Without prejudice to the generality of subsection (1), the grounds on which the Commissioner may withdraw an exemption shall include mutatis mutandis the grounds contained in section 53(1) on which he may refuse to issue or renew a licence or revoke a licence.
(3) Where the Commissioner withdraws his exemption from any person under subsection (1) he shall notify such person in writing of the grounds for such withdrawal.
(4) The holder of a certificate of exemption shall, within 14 days after he is notified under subsection (3) of the withdrawal of the Commissioner’s exemption, deliver the certificate of exemption, and every copy thereof, to the Commissioner.
(5) No appeal shall lie under this Part against the decision of the Commissioner to withdraw an exemption granted to an employment agency.

### Employment Ordinance 《僱傭條例》

56. Maintenance and delivery to the Commissioner of prescribed registers, records and returns
(1) A licensee shall—
(a) maintain a record of—
(i) all job applicants registered with his employment agency; and
(ii) job applicants who, at the time of registration, were not residents of Hong Kong and who were placed in employment in Hong Kong by his employment agency,
containing the person’s name, address, Hong Kong Identity Card number or, in the case of a non-resident, passport number and citizenship, fee and commission received, date of employment and name and address of employer; and (Replaced 28 of 1992 s. 5)
(b) keep such records available for inspection at the place of business of the employment agency by the Commissioner, or by any public officer authorized by him in that behalf, at all reasonable times. (Amended 28 of 1992 s. 5)
(2) A licensee shall, within such time as may be prescribed, deliver to the Commissioner such returns in respect of the employment agency as may be prescribed.
(3) The records referred to in subsection (1) shall be retained by the licensee for a period of not less than 12 months after the expiration of each accounting year of the employment agency concerned. (Amended 28 of 1992 s. 5)

### Employment Ordinance 《僱傭條例》

57. Prohibited acts in respect of employment agencies
(1) A licensee, or an associate of a licensee, in respect of an employment agency, or a person purporting to act as such a licensee or associate, must not, directly or indirectly— (Amended 8 of 2018 s. 6)
(a) receive from any person on account of having obtained, or in connection with obtaining or seeking to obtain, employment for that person—
(i) any reward of any kind; or
(ii) any payment or other advantage in respect of expenses or otherwise, except the prescribed commission; (Replaced 87 of 1975 s. 2. Amended 28 of 1992 s. 6)
(b) share with any person, other than another licensee or a bona fide partner or shareholder in the employment agency, the prescribed commission; or (Amended 87 of 1975 s. 2; 28 of 1992 s. 6)
(c) enter, except with the written permission of the Commissioner, into an agreement, express or implied, with any employer whereby—
(i) the employer undertakes to employ only persons who seek employment through the employment agency; and
(ii) the employment agency agrees to pay or give to the employer some form of material benefit. (Amended 8 of 2018 s. 6)
(2) In this section—
prescribed commission (訂明佣金), in relation to an employment agency, means the commission that the employment agency is permitted to charge and receive as prescribed by a regulation made under section 62. (Added 8 of 2018 s. 6)

58. Inspection of places of business of licensed or exempted employment agencies
The Commissioner, and any public officer authorized by him in that behalf may—
(a) enter and inspect without a warrant at any reasonable time the place of business of an employment agency;
(b) require the production of, inspect, examine or take copies of any record or other document relating to an employment agency; (Amended 28 of 1992 s. 7)
(c) require any person who operates, manages or assists in the management of an employment agency to furnish such information or particulars relating to the employment agency as he may specify; and
(d) make such other inquiries from any other person connected or associated with the employment agency as he thinks fit.