### Apprenticeship Regulations 《學徒制度規例》

15. Mode of registration of variation document
(1) A variation document required to be registered under the Ordinance shall be sent to the Director together with 2 copies of it.
(2) The registration of a variation document shall be effected by entering in the register the particulars of the variation.
(3) When a variation document is registered under paragraph (2)—
(a) the original variation document and the 2 copies shall be endorsed with a note of its registration; and
(b) the original variation document shall be retained by the Director, one copy shall be delivered to the employer and the other copy shall be delivered to the apprentice or his guardian (if any).
(13 of 1982 s. 11)

16. Records to be maintained by employers
(1) Every employer who employs registered apprentices shall keep or cause to be kept a record in the specified form of the following particulars in relation to each registered apprentice—
(a) his full name and address;
(b) the number of his Hong Kong identity card;
(c) the date of his birth;
(d) the name and address of his guardian (if any);
(e) the date of commencement of his apprenticeship;
(f) the educational standard attained by him at the date of commencement of his apprenticeship;
(g) any course of instruction attended by him under an attendance order;
(h) the special qualifications (if any) specified for the purposes of section 23 of the Ordinance and obtained by him.
(2) In addition to keeping a record under paragraph (1), an employer shall make or cause to be made—
(a) a report in the specified form on the work performed by every registered apprentice during each period of 6 months and such report shall be completed by a responsible person under whose supervision he has worked during that period;
(b) a record of particulars in the specified form of all overtime worked by every registered apprentice; and
(c) a record of particulars in the specified form of all absences of every registered apprentice from work and courses of instruction under an attendance order, whether by reason of illness, holidays or otherwise.
(3) If the guardian of the registered apprentice is a party to the contract of apprenticeship, such guardian shall furnish the employer with all information in his possession to enable the employer to comply with paragraph (1).
(4) Any employer who, without reasonable excuse, contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine at level 1.(E.R. 4 of 2021)

### Apprenticeship Ordinance 《學徒制度條例》

1. Short title
This Ordinance may be cited as the Apprenticeship Ordinance.

### Apprenticeship Ordinance 《學徒制度條例》

3. Application of Ordinance
This Ordinance shall not apply to any young person who is, or is to be, engaged for or employed in service in any capacity at sea in a ship.

4. Functions of the Director
(1) In relation to the employment and training of apprentices in designated trades and apprentices who are parties to contracts of apprenticeship registered under section 17, the Director shall—
(a) co-operate with technical institutions for the purpose of ensuring that such apprentices obtain the necessary instruction appropriate to the trade to which they are apprenticed;
(b) ensure that adequate facilities are provided by employers for the training of such apprentices;
(c) ensure that the training of such apprentices is properly carried out;
(d) inquire into the progress and welfare of such apprentices;
(e) investigate complaints from employers or such apprentices, alleged breaches of contracts of apprenticeship or contraventions of this Ordinance;
(f) generally advise and assist employers in the employment and training of such apprentices.
(2) The Director shall recommend to organizations representing the interests of employers the taking of such steps as are desirable to ensure that there are a sufficient number of employees skilled in designated trades to satisfy the requirement for such employees.
(Amended 13 of 1982 s. 11)

5. Delegation by the Director or the Commissioner
(1) Subject to subsection (3), the Director may, either generally or in any particular case, delegate to an officer appointed under section 33(2) the performance or exercise on his behalf of any of the functions, duties or powers imposed or conferred upon him under this Ordinance.
(2) Where any function, duty or power under this Ordinance is performed or exercised by an officer appointed under section 33(2), the Director shall, unless the contrary is proved, be deemed to have delegated to the officer under subsection (1) the performance or exercise of the function, duty or power.
(2A) The Chief Executive may delegate to a public officer the performance or exercise on his behalf of any of the functions, duties or powers imposed or conferred upon him under this Ordinance. (Added 34 of 1991 s. 3. Amended 54 of 2000 s. 3)
(3) The Director or, as the case may be, the Commissioner shall not delegate his powers under section 46 or 47.
(Amended 13 of 1982 s. 3; 34 of 1991 s. 3)

### Apprenticeship Ordinance 《學徒制度條例》

6. Employment of young persons in designated trades
(1) Subject to subsection (2) and section 7, an employer may employ a young person in a designated trade only if the young person—
(a) is an apprentice under a valid contract of apprenticeship in accordance with section 8; or
(b) has completed an apprenticeship, and is in possession of a certificate of completion, in that trade.
(2) The Director may, on application made to him in writing by an employer, exempt the employer in writing from the provisions of subsection (1)—
(a) in relation to any young person, if the Director is satisfied that the young person has undergone sufficient training in the designated trade in which he is to be or is employed;
(b) if the employer is, in the opinion of the Director, unable to give any young person adequate training in the designated trade in which he is to be or is employed; or
(c) if the Director with the advice of the Vocational Training Council is, for any other reason, of the opinion that that subsection shall not apply to the employer. (Amended 13 of 1982 ss. 4 & 11)
(3) 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)

7. Existing employment of young persons
(1) Where a young person is in employment as an apprentice under a contract of apprenticeship in a trade or occupation on the date when such trade or occupation is specified as a designated trade, the employer may continue to employ such apprentice if the contract has been registered under section 17. (Replaced 13 of 1982 s. 5)
(2) Where a young person is in employment as an apprentice under a contract of apprenticeship in a trade or occupation on the date when such trade or occupation is specified as a designated trade and subsection (1) does not apply to such contract, the employer shall—
(a) register the contract under section 16(1); or
(b) obtain an exemption from registration under section 18(2).
(3) Where a young person is in employment in a trade or occupation but not under a contract of apprenticeship on the date when such trade or occupation is specified as a designated trade, the employer shall within 60 days after the date on which the trade or occupation is so specified (or such further time as the Director may permit)—
(a) enter into a contract of apprenticeship with the young person in accordance with section 8; or
(b) on application made to the Director, obtain an exemption in writing from the provisions of section 6(1). (Amended 13 of 1982 s. 11)