### Employment Ordinance 《僱傭條例》

69. Saving as to existing contracts of service
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.

70. Contracting out
Any term of a contract of employment which purports to extinguish or reduce any right, benefit or protection conferred upon the employee by this Ordinance shall be void.
(Added 5 of 1970 s. 8)

71. Saving as to schemes of medical treatment under repealed Industrial Employment (Holidays with Pay and Sickness Allowance) Ordinance
Any scheme of medical treatment which is operated by an employer and is recognized by the Director under section 8 of the repealed Industrial Employment (Holidays with Pay and Sickness Allowance) Ordinance* shall continue in force and have effect as if it were operated and approved under the corresponding provision in this Ordinance.
(Added 39 of 1973 s. 7)Editorial Note:
* See Chapter 333, 1964 Ed.

### Employment Ordinance 《僱傭條例》

72A. Duty of public officers not to disclose source of complaint, etc.
(1) Save with the consent of the person who has made the complaint or as provided in subsection (4), no public officer shall disclose to any person, other than another public officer in the course of official duty, the name or identity of any person who has made a complaint alleging a contravention of this Ordinance or as a result of which a contravention of this Ordinance has come to his notice or to the notice of any other public officer.
(2) No public officer shall disclose to an employer or his agent or servant that a visit to the place of employment maintained by that employer was made in consequence of the receipt of any such complaint as is referred to in subsection (1).
(3) Save as provided in subsection (4), where, arising out of, or in connection with, the enforcement of this Ordinance, any manufacturing or commercial secret or any working process comes to the knowledge of a public officer, such officer shall not at any time, and notwithstanding that he is no longer a public officer, disclose such secret or process to any person.
(4) Where in any proceedings a court or a magistrate considers that justice so requires, the court may order the disclosure of the name or identity of any person who has made any such complaint as is referred to in subsection (1) or the disclosure of any such secret or process as is referred to in subsection (3).
(Added 10 of 1980 s. 7)

### Employment Ordinance 《僱傭條例》

72B. Employment not to be terminated, etc. by reason of fact that employee has given evidence in proceedings under Ordinance, etc.
(1) No employer shall terminate, or threaten to terminate, the employment of, or in any way discriminate against, any of his employees by reason of the fact that the employee has— (Amended 61 of 1993 s. 9)
(a) given evidence, or agreed to give evidence, in any proceeding for the enforcement of this Ordinance; (Amended 29 of 1992 s. 3)
(b) given information to a public officer in any inquiry made by such officer for the purposes of or in connection with the enforcement of this Ordinance;
(c) given evidence, or agreed to give evidence, in any proceeding relating to an accident to an employee arising out of and in the course of his employment or for the breach of a statutory duty in relation to the safety of persons at work; or (Added 29 of 1992 s. 3)
(d) given information to a public officer in any inquiry made by such officer for the purposes of or in connection with an accident to an employee arising out of and in the course of his employment or for the breach of a statutory duty in relation to the safety of persons at work. (Added 29 of 1992 s. 3)
(2) Where an employer is convicted of an offence under section 63A(5) in respect of an action prohibited by this section, the court or magistrate before which the conviction is obtained may, in addition to any fine that may be imposed, order the employer to pay as compensation to the employee who was the victim of the offence, such amount as the court or magistrate considers appropriate having regard to the circumstances of the case. (Added 61 of 1993 s. 9. Amended 103 of 1995 s. 23)
(Added 10 of 1980 s. 7)

### Employment Ordinance 《僱傭條例》

72C. Presumptions
In any prosecution under this Ordinance—
(a) where the age of any person at any time is material for the purposes of any provision of this Ordinance, his age at the material time shall be deemed to be or have been that which appears to the court or magistrate, after considering any available evidence, to be or to have been his age at that time;
(b) if the charge alleges the contravention of any of the provisions of this Ordinance prohibiting or controlling the employment of young persons or children and the defendant in such prosecution is the employer at the place of employment in or in respect of which the offence is alleged to have been committed, it shall, until the contrary is proved, be presumed that any young person or child to whom the charge relates and who was employed in the place of employment on the day on which the offence is alleged to have been committed was employed therein on that day by such employer. (Amended 7 of 2001 s. 11)
(Added 10 of 1980 s. 7)

### Employment Ordinance 《僱傭條例》

74. Penalty for contravention of regulations
Regulations under this Ordinance may provide that a contravention thereof shall be an offence and may provide penalties therefor not exceeding a fine at level 6.
(Added 24 of 1988 s. 2. Amended 103 of 1995 s. 24)

75. Transitionals for Certification for Employee Benefits (Chinese Medicine) (Miscellaneous Amendments) Ordinance 2006
(1) A reference in this Ordinance to a certificate or medical certificate issued by a registered Chinese medicine practitioner—
(a) does not include a certificate or medical certificate so issued before the commencement＊ of the 2006 Ordinance; and
(b) does not include a certificate or medical certificate so issued on or after the commencement of the 2006 Ordinance to the extent—
(i) that it relates to any period of days or hours which ends before that commencement; or
(ii) if it relates to any period of days or hours which occurs partly before that commencement, that it relates to such part of the period occurring before that commencement.
(2)  For the purposes of this section—
(a) 2006 Ordinance (《2006年條例》) means Part 2 of the Certification for Employee Benefits (Chinese Medicine) (Miscellaneous Amendments) Ordinance 2006 (16 of 2006);
(b) a certificate or medical certificate relates to a period of days or hours if the certificate or medical certificate is produced for the purposes of—
(i) an employee taking that period of days as maternity leave under Part III or sickness days under Part VII; or
(ii) having that period of hours counted as hours in which an employee has worked by virtue of paragraph 3(2)(a) of the First Schedule.
(Added 16 of 2006 s. 9) Editorial Note:
＊ Commencement date: 1 December 2006.