### Apprenticeship Ordinance 《學徒制度條例》

39. Reference of disputes to the Director
Where a dispute arises between the parties to a registered contract of apprenticeship regarding an alleged breach of any term or condition of the contract, any such party may refer the dispute to the Director who shall endeavour to settle it by conciliation.
(Amended 13 of 1982 s. 11)

40. Director and officers to give reasons for decisions
A notice to any person of a decision of the Director or any officer appointed under section 33(2) in the performance or exercise of any function, duty or power under this Ordinance shall be accompanied by an adequate statement of the reasons for that decision.
(Replaced 6 of 1994 s. 33)

40A. Appeals
(1) Any person aggrieved by a decision of the Director or any officer appointed under section 33(2) made in respect of him in the performance or exercise of any function, duty or power under this Ordinance may, within 28 days after the date on which he was informed of the decision or he otherwise comes to know of it, whichever is the later, appeal to the Administrative Appeals Board.
(2) The Director shall enter a decision or order of the Administrative Appeals Board made in respect of a registered contract of apprenticeship or in respect of a variation or assignment of such contract in the register.
(Added 6 of 1994 s. 33)

41. Obstruction
Any person who obstructs the Director, an inspector or any person authorized by the Director in writing, performing or exercising any function, duty or power under this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(Amended 13 of 1982 s. 11; E.R. 1 of 2013)

### Apprenticeship Ordinance 《學徒制度條例》

42. Prosecution of offences
(1) No prosecution for an offence under section 6, 12 or 19 shall be commenced without the consent in writing of the Director. (Amended 13 of 1982 s. 11)
(2) Before the Director 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. (Amended 13 of 1982 s. 11)
(3) A prosecution for an offence under this Ordinance may be brought in the name of the Director and may for that purpose be commenced by an officer appointed under section 33(2) and authorized in writing by the Director. (Replaced 34 of 1991 s. 8)
(3A) For the purposes of the prosecution of an offence mentioned in subsection (3), an officer appointed under section 33(2) and authorized in writing by the Director, who apart from this subsection is not qualified to act as a barrister or solicitor, may appear and plead before a magistrate and shall, in relation to the prosecution, have all the other rights of a person qualified to practise as a barrister or solicitor under the Legal Practitioners Ordinance (Cap. 159). (Added 34 of 1991 s. 8)
(4) Nothing in this section shall derogate from the powers of the Secretary for Justice in respect of the prosecution of criminal offences. (Amended L.N. 362 of 1997)

43. Evidence by certificate
(1) A certificate—
(a) stating whether or not a contract of apprenticeship is registered under this Ordinance; or
(b) containing a copy of any entry required to be made under this Ordinance in the register,

and purporting to be signed by or on behalf of the Director shall be admitted in evidence without further proof on its production in any legal proceedings and—
(i) until the contrary is proved, it shall be presumed that the certificate is so signed; and
(ii) the certificate shall be prima facie evidence of the facts stated therein.
(2) A copy of a contract of apprenticeship or a variation document certified by or on behalf of the Director as a true copy of a contract of apprenticeship or variation document, as the case may be, shall be admitted in evidence without further proof on its production in any legal proceedings and—
(a) until the contrary is proved, it shall be presumed that the certificate is so signed; and
(b) the certified copy of the contract of apprenticeship or variation document shall be prima facie evidence of its contents.
(Amended 13 of 1982 s. 11)

### Apprenticeship Ordinance 《學徒制度條例》

44. Power to extend age limit of young persons
(1) The Chief Executive may, by notice in the Gazette, extend the upper age limit in the definition of young person in section 2 from 18 years to an age limit not exceeding 21 years. (Amended 54 of 2000 s. 3)
(2) Sections 6 and 7 shall not apply to an employer in respect of a person who—
(a) is in his employment in a designated trade at the date when the upper age limit in the definition of young person is extended under subsection (1); and
(b) is included within the definition of young person by virtue of the extension,

for so long as the employer continues to employ the young person in that designated trade.

45. Chief Executive to specify designated trades
The Chief Executive may by order specify any trade or occupation to be a designated trade.
(Replaced 13 of 1982 s. 8. Amended 54 of 2000 s. 3)

46. Specification of certain matters by the Director
(1) The Director may, for the purposes of this Ordinance, specify—
(a) the form of contracts of apprenticeship;
(b) the form of register and any other forms required to be specified under this Ordinance;
(c) the periods of apprenticeship to be served by apprentices in designated trades;
(d) the skills and operations to be taught to registered apprentices by employers;
(e) the training programmes to be followed in the teaching of registered apprentices;
(f) the courses of instruction to be attended by registered apprentices;
(g) the special qualifications for the purposes of section 23; 
(h) the examinations and tests required to be passed by registered apprentices prior to the completion of their apprenticeships;
(i) the records to be kept in respect of registered apprentices;
(j) any other matters which he thinks it expedient to specify.
(2) The Director may publish in the Gazette any matter specified by him under subsection (1).
(3) Copies of any form specified by the Director shall be supplied to an employer free of charge on application to the Director.
(Amended 13 of 1982 s. 11)

46A. Amendment of specification to affect subsisting contracts
Any amendment of an order under section 45 relating to any trade or occupation shall apply to every subsisting contract of apprenticeship for that trade or occupation from the date on which that contract was entered into.
(Added 13 of 1982 s. 9)