### Apprenticeship Ordinance 《學徒制度條例》

8. Contents and form of contracts of apprenticeship
(1) Every contract of apprenticeship in a designated trade shall be in writing and shall, in addition to any other particulars, contain the prescribed terms and conditions.
(2) Every such contract of apprenticeship shall be in the specified form or in a form which is substantially similar to the specified form.

9. Parties to contracts of apprenticeship
(1) Every contract of apprenticeship under section 8 shall be signed by the parties.
(2) The parties to a contract of apprenticeship shall be—
(a) the employer (of the one part); and
(b) subject to subsection (3), the apprentice (of the second part).
(3) If at the time of signing a contract of apprenticeship the apprentice is a minor, any one of the following persons shall be joined as a party to the contract as the guardian of the apprentice—
(a) the father or mother of the apprentice;
(b) a guardian of the apprentice, if any, appointed under, or acting by virtue of, the Guardianship of Minors Ordinance (Cap. 13); or
(c) any relative or other person who is acceptable to the Director as guardian of the apprentice for the purposes of this Ordinance. (Amended 13 of 1982 s. 11)

10. Extent to which contracts of apprenticeship are binding
(1) An employer who is a party to a registered contract of apprenticeship shall be bound by the contract until—
(a) the period of the apprenticeship expires;
(b) the contract is assigned to another employer under section 24 or 25; or
(c) the contract is terminated under section 30,
whichever first occurs.
(2) An apprentice who is a party to a registered contract of apprenticeship shall be bound by the contract until—
(a) the period of the apprenticeship expires, whether or not during that period he attains full age; or (Amended 32 of 1990 s. 14)
(b) the contract is terminated under section 30,
whichever first occurs.
(3) A guardian who is a party to a registered contract of apprenticeship shall be bound by the contract until—
(a) the apprentice attains full age; (Amended 32 of 1990 s. 14)
(b) the period of the apprenticeship expires; or
(c) the contract is terminated under section 30,
whichever first occurs.

### Apprenticeship Ordinance 《學徒制度條例》

11. Premium not to be demanded or received
(1) No employer shall either by himself or through his agent directly or indirectly or by any pretence or device—
(a) require or permit any person to pay or give; or
(b) demand or receive from any person,
any premium, fee, gift, reward, bonus, or commission consisting of money or of any valuable security or of other property or interest in property of any description— (Amended E.R. 1 of 2022)
(i) for entering into (whether with that person or any other person) a contract of apprenticeship in a designated trade;
(ii) for agreeing to a variation, assignment or termination of a registered contract of apprenticeship; or
(iii) for registering a contract of apprenticeship under section 17.
(2) Any employer who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 2. (Amended E.R. 1 of 2013)

12. Enticement or wrongful employment of apprentices
Any person who—
(a) induces a registered apprentice to terminate his contract of apprenticeship in contravention of section 30; or
(b) employs a registered apprentice whom he knows is bound by a contract of apprenticeship to another employer,
shall be guilty of an offence and shall be liable on conviction to a fine at level 2.
(Amended E.R. 1 of 2013)

13. Power to require employer to provide adequate training
(1) If at any time the Director or an inspector has reasonable cause to believe that the training being provided by an employer to a registered apprentice is inadequate in any respect, the Director or inspector may, by notice in writing served personally or by registered post, require the employer— (Amended 13 of 1982 s. 11)
(a) to take such steps to render the training adequate; and
(b) within such time,
as may be specified in the notice.
(2) Any employer who without reasonable excuse fails to comply with a notice served under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 1 and, commencing with the day following the date of conviction for the offence, to a further fine $200 for every day during which the offence continues. (Amended E.R. 1 of 2013)

### Apprenticeship Ordinance 《學徒制度條例》

14. Attendance of courses by apprentices
(1) Where in the opinion of the Director a suitable course of instruction at a technical institution is available for any registered apprentice and the apprentice should attend such course, the Director may make an attendance order in the specified form requiring the apprentice to attend the course whether the course is during his normal hours of employment or otherwise. (Amended 13 of 1982 s . 11)
(2) An attendance order shall—
(a) specify the technical institution concerned, the name and nature of the course of instruction and the number of hours per week the apprentice is required to attend the course; and
(b) be served on the employer and the apprentice, and a copy of it shall be sent to the technical institution concerned.
(3) If an attendance order requires an apprentice to attend a course of instruction during his normal hours of employment, the employer shall permit the apprentice to attend the course and the time spent at the course shall be deemed to be time spent at work in the employment of the employer.
(4) If any fees are required to be paid in respect of a course of instruction, and any examinations or tests incidental to such course, which an apprentice is required to attend under an attendance order, such fees shall, subject to subsection (5), be paid by the employer.
(5) An employer may require an apprentice or his guardian (if any) to pay any fees which are required to be paid in respect of a specified course of instruction, and any examinations or tests incidental to such course, which an apprentice is required to repeat by reason of his failure to satisfactorily complete the course or to pass any examination or test held in connexion with the course.
(6) Where during the continuance of an attendance order the employer on whom the attendance order was served under subsection (2) ceases to be the employer by virtue of section 24, 25, 26 or 27, the Director shall— (Amended 13 of 1982 s. 11)
(a) serve on the new employer a copy of the attendance order and this section shall bind the new employer as if he were the original employer; and
(b) notify the technical institution concerned of the name and address of the new employer.
(7) Any employer who fails to permit an apprentice to comply with an attendance order shall be guilty of an offence and shall be liable on conviction to a fine at level 1 and, commencing with the day following the date of conviction for the offence, to a further fine of $200 for every day during which the offence continues during the continuance of the attendance order. (Amended E.R. 1 of 2013)

### Apprenticeship Ordinance 《學徒制度條例》

14A. Preference to be given to registered apprentices
Where the Director makes an attendance order in relation to a registered apprentice, the technical institution specified in the order shall give preference to the registered apprentice, if he has attained the minimum educational requirements for entrance to the course, over other candidates who are not registered apprentices, for positions on the course.
(Added 43 of 1980 s. 2. Amended 13 of 1982 s. 11)