香港労働法 Hong Kong Labor Issues #66 日本人のための香港労働問題研究：雇用条例 (Employment Ordinance)S1A-10:日本語版完訳
Updated: Jan 1, 2022
2021年最後の日についに、香港の雇用条例の最新版の完訳を日本人の現地労働者たちの為に作成する事に成功した。これで、2022年以降は、「新しい労働運動」 と新しい労働組合、新しい労働研究者という新理念のもとに労働問題の従来の理論と実践の領域分野を、実際の社会の必要に即して発展深化させる事になる。例えばコロナ禍で顕著な労働者階級を狙い撃ちにしている消費者金融と誰もが知っているような有名企業（フロント・顧客）の陰で糸を引いている金融マフィアの反社会勢力に抗する研究に容赦なく着手する（電通の職業マスコット、世論操作の駒である「労働問題研究家」の類は怖くてとても触れられない分野）。香港と日本を視野に、香港警察、労働組織、NGO・NPO、地域コミュニティーの社会的な取り組みについても実践的に、戦闘的に労働問題研究を消費者問題研究という表裏一体として前進させる所存である。全ては労働者階級の公共の利益の為に。
香港雇用条例 日本語翻訳版 (2021年完訳)
注：中文と英文は正式であるが、日本語の訳は、原語の固有名詞の特殊性を保持する為に日本語の類似の概念に意訳をしない。なぜならば、日本自体の国内の社会の日本語の概念はその言語環境と語感が強烈に排他的であり、外の世界とは孤立しかけ離れているために、日本国内の観念で他の社会の特殊概念を捉えるのは最も危険だからである。特殊概念は特殊概念として独自に理解するべきであり、日本語、つまり日本国内の観念をあてがうだけで済ますのは最悪の誤謬である。そこに多くの実践面での誤謬・誤認が入りこむからである。
【原文】
Schedule 1A
[s. 14] Maximum Amount of Maternity Leave Pay for Latter Period of Maternity Leave
$80,000 (Schedule 1A added 13 of 2020 s. 13)
Second Schedule
[s. 67] Procedure for Apprehension of Absconding Employer
(Format changes—E.R. 3 of 2017)
Part I
1. In this Part, the wages and moneys described in section 67(1)(a) and (b) are referred to as the debt. (Amended 32 of 2000 s. 48) 2. An application under section 67 shall be as in Form 1 in Part II. 3. If a District Judge, after making such investigation as he considers necessary in respect of an application made under section 67, is satisfied that there is probable cause for believing that the employer is about to leave Hong Kong with intent to evade payment of the debt, he may issue a warrant as in Form 2 in Part II ordering that the employer be apprehended and brought before a District Judge to show cause why the employer should not be required to give security in accordance with paragraph 5. (Amended 48 of 1984 s. 32) 4. If an employer who is brought before a District Judge in accordance with a warrant issued under paragraph 3 shows cause why he should not be required to give security in accordance with paragraph 5, the warrant shall be discharged and the employer shall be released. 5. (1) If an employer who is brought before a District Judge in accordance with a warrant issued under paragraph 3does not show cause why he should not be required to give security in accordance with this paragraph, the District Judge may make an order requiring the employer to enter a bond, in accordance with sub-paragraph (3), for his appearance before a District Judge whenever called upon until he has paid to the employee the full amount of the debt. (2) If the employer offers, in lieu of entering a bond under sub-paragraph (1), to secure the payment to the employee of the full amount of the debt by any other arrangement, the District Judge may accept such other arrangement as security for the payment to the employee of the full amount of the debt in lieu of the bond. (3) A bond entered under sub-paragraph (1)— (a) shall be in favour of the employee; (b) shall be as in Form 3 in Part II; (c) shall be for such sum, not exceeding the amount of the debt, as the District Judge may order; and (d) shall be a bond with such number of sureties, approved by the District Judge, as the District Judge may order. 6. If an employer complies with an order made under paragraph 5(1), or secures the payment to the employee of the full amount of debt by any other arrangement under paragraph 5(2), the warrant issued under paragraph 3 shall be discharged and the employer shall be released. 7. If an employer fails to comply with an order made under paragraph 5(1), a District Judge may commit him to prison until the order is complied with or until the expiration of 3 months from the date of committal, whichever event occurs first. 8. (1) On the application of the employer, or of any surety for a bond entered under paragraph 5, a District Judge, if he is satisfied that any of the conditions specified in sub-paragraph (2) have been fulfilled, shall order as may be appropriate— (a) that any warrant issued under paragraph 3 be discharged; (b) that the employer, if apprehended or brought before a District Judge under paragraph 3, or committed to prison under paragraph 7, be released; (c) that any bond entered under paragraph 5 shall be void (notwithstanding the conditions thereof); and (d) that the employer be released from any arrangement made under paragraph 5(2). (2) The conditions referred to in sub-paragraph (1) are— (a) that the debt has been satisfied in full or has been abandoned; (b) that no proceedings have been brought within 14 days after the application under section 67 to recover any part of the debt from the employer; (c) that no proceedings brought to recover the debt or any part of the debt from the employer have been prosecuted diligently; (d) that all proceedings brought to recover the debt or any part of the debt from the employer have been finally struck out or dismissed. 9. (1) Any surety for a bond entered under paragraph 5 may at any time apply to a District Judge to be discharged from his obligation under the bond. (2) On receipt of an application under sub-paragraph (1), the District Judge shall call upon the employer to appear before a District Judge. (3) On the appearance of the employer before the District Judge, the District Judge shall order the surety by whom the application under sub-paragraph (1) is made to be discharged from his obligation under the bond, and shall order the employer to provide another surety or sureties, approved by the District Judge, for the bond. (4) If an employer is ordered under sub-paragraph (3) to provide an approved surety or sureties for a bond, the provisions of paragraphs 6 and 7 shall apply as if the order were an order made under paragraph 5(1). 10. No fees shall be payable to the District Court in respect of or in connection with an application made under section 67 or under paragraph 8 or 9.
Part II
Form 1[Employment Ordinance,Second Schedule, Part I,paragraph 2] Application for Warrant for Apprehension of Absconding Employer Title In the District Court of Hong Kong Held at No. .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. of 19 IN THE MATTER of an application under section 67 of the Employment Ordinance, for a warrant for the apprehension of, an employer.EX PARTE, an employee. I, , of (name of applicant)(address of applicant)apply for the issue of a warrant in accordance with paragraph 3 of Part I of the Second Schedule to the Employment Ordinance in respect of (name of employer)of (address of employer)(occupation of employer) 2.The grounds for my application are—(a)that I am an employee/former employee(1) of ;(name of employer)(b)that is the employer/former(name of employer)employer (1) of each person specified in the First Column of the Schedule;(c)that the employer owes to such employees the wages and/or(1) other moneys specified in the Second Column of the Schedule opposite their names, by reason of the facts specified in the Third Column of the Schedule; and(d)that I believe for the following reasons that the employer is about to leave Hong Kong with intent to evade payment of the wages and/or(1) other moneys specified in the Second Column of the Schedule— SCHEDULE First ColumnSecond ColumnThird Column Name and address of employee Amount of wages and/or(1) other moneys owing to employee Reason for which moneys owing Total amount owing to employees Dated this day of 19 . Applicant. Affidavit in Support of Application I, .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. make oath/do solemnly, sincerely and truly declare and affirm(1) and say that the facts stated in paragraph 2 of the above application are correct to the best of my knowledge and belief.Sworn/affirmed(1) atHong Kong, the day of 19 . Before me,A Commissioner, &c.Note:(1)Delete whichever is inapplicable.(Amended L.N. 48 of 1972; L.N. 177 of 1981) __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Form 2[Employment Ordinance,Second Schedule, Part I,paragraph 3]
Warrant for Apprehension of Absconding Employer [Title as in Form 1] To each and all the police officers and bailiffs of Hong Kong.Whereas I am satisfied, on application made on the day of 19 by [name of applicant] that the applicant [and the other persons referred to in the application](2) is/are/was/were(1) the employee/employees(1) of [name of employer], and that there is probable cause for believing that the said [name of employer] is about to leave Hong Kong with intent to evade payment of the sum of [amount of debt] being moneys earned by and owed to such employee/employees(1):This is therefore to command you forthwith to apprehend the said [name of employer] and to bring him before a District Judge to show cause why he the said [name of employer] should not be required to give security in accordance with paragraph 5 of Part I of the Second Schedule to the Employment Ordinance, and to be further dealt with according to law.Dated this day of 19 . District Judge.[L.S.] Notes︰(1) Delete whichever is inapplicable.(2) Delete if inapplicable.(Amended L.N. 177 of 1981; 56 of 2000 s. 3) __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Form 3[Employment Ordinance,Second Schedule, Part I,paragraph 5] Bond to Secure Payment of Wages due to Employees by Employer I/We(1) [name of employer] of [address], [name of surety] of [address], and [name of surety] of [address], is/are(1) bound to [name of employee] [and the other employees of (name of employer) specified in the application of (name of applicant) made on the day of 19 to District Judge , under section 67 of the Employment Ordinance](2) in the sum of $ , to be paid to [name of employee] [and the said other employees](2) or his/their respective(1)executors, administrators or assignees; for which payment to be made I/we jointly and severally(1) bind myself/ourselves(1), and my/our respective(1) heirs, executors and administrators.In witness whereof I/we(1) have hereto set my hand and seal/our hands and seals(1) this day of 19 .The condition of this obligation is that if [name of employer] appears before a District Judge whenever called upon until he has paid [name of employee] [and the said other employees](2) the full amount of $ specified in the application, then this obligation shall be void but this obligation shall otherwise remain in full force. Signed, sealed and[Employer] (L.S.)delivered in the[Surety](L.S.)presence of[Surety](L.S.) Notes︰(1) Delete whichever is inapplicable.(2) Delete if inapplicable.(Second Schedule added 71 of 1970 s. 7)
Third Schedule
[s. 31M]
Death of Employer or of Employee (Format changes—E.R. 3 of 2017)
Part I Death of Employer
1. This Part shall have effect in relation to an employee where his employer (in this Part referred to as the deceased employer) dies. 2. Section 31J shall not apply to any change whereby the ownership of the business, for the purposes of which the employee was employed by the deceased employer, passes to a personal representative of the deceased employer. 3. Where, by virtue of section 31L(1), the death of the deceased employer is to be treated for the purposes of Part VA of this Ordinance as a termination by him of the contract of employment, the employee shall nevertheless not be treated for these purposes as having been dismissed by the deceased employer if— (a) his contract of employment is renewed by a personal representative of the deceased employer, or he is re-engaged under a new contract of employment by such a personal representative; and (b) the renewal or re-engagement takes effect not later than 4 weeks after the death of the deceased employer. 4. Where, by reason of the death of the deceased employer, the employee is treated for the purposes of Part VA of this Ordinance as having been dismissed by him, he shall not be entitled to a severance payment in respect of that dismissal if a personal representative of the deceased employer has made to him an offer in writing to renew his contract of employment, or to re-engage him under a new contract, so that in accordance with the particulars specified in the offer the renewal or re-engagement would take effect not later than 4 weeks after the death of the deceased employer and either— (a) the provisions of the contract as renewed, or of the new contract, as the case may be, as to the capacity and place in which he would be employed, and as to the other terms and conditions of his employment, would not differ from the corresponding provisions of the contract as in force immediately before the death; or (b) if, in accordance with the particulars specified in the offer, those provisions would differ (wholly or in part) from the corresponding provisions of the contract as in force immediately before the death, the offer constitutes an offer of suitable employment in relation to that employee, and (in either case) the employee has unreasonably refused that offer. 5. For the purposes of paragraph 4— (a) an offer shall not be treated as one whereby the provisions of the contract as renewed, or of the new contract, as the case may be, would differ from the corresponding provisions of the contract as in force immediately before the death of the deceased employer by reason only that the personal representative would be substituted as the employer for the deceased employer; and (b) no account shall be taken of that substitution in determining whether the refusal of the offer was unreasonable. 6. Whereby virtue of section 31L(1) the death of the deceased employer is to be treated as a termination by him of the contract of employment, any reference in subsection (2) of that section to section 31D(2) shall be construed as including a reference to paragraph 3. 7. Where by virtue of paragraph 3 the employee is treated as not having been dismissed by reason of a renewal or re-engagement taking effect after the death of the deceased employer, then— (a) in determining, for the purposes of section 31B(1), whether he has been employed under a continuous contract for the requisite period, the interval between the death and the date on which the renewal or re-engagement takes effect shall count as a period of employment with the personal representative of the deceased employer, if apart from this paragraph it would not count for that purpose as such a period of employment; and (b) in computing the period specified in section 31B(1), the continuity of the employee’s period of employment shall be treated as not being broken by any week which falls within that interval. 8. For the purposes of the application, in accordance with section 31B(3), of Part VA of this Ordinance in relation to an employee who was employed as a domestic servant in, or in connection with, a private household, any reference to a personal representative in this Part of this Schedule shall be construed as including a reference to any person to whom, otherwise than in pursuance of a sale or other disposition for valuable consideration, the management of the household has passed in consequence of the death of the deceased employer. 9. Subject to this Part of this Schedule, in relation to an employer who has died— (a) any reference in Part VA of this Ordinance to the doing of anything by, or in relation to, an employer shall be construed as including a reference to the doing of that thing by, or in relation to, any personal representative of the deceased employer; and (b) any reference in Part VA of this Ordinance to a thing required or authorized to be done by, or in relation to, an employer shall be construed as including a reference to anything which, in accordance with any provision of Part VA of this Ordinance as modified by this Part of this Schedule (including sub-paragraph (a)), is required or authorized to be done by, or in relation to, any personal representative of his. 10. Where by virtue of Part VA of this Ordinance, as modified by this Part of this Schedule, a personal representative of the deceased employer is liable to pay a severance payment, or part of a severance payment, and that liability had not accrued before the death of the deceased employer, it shall be treated for all purposes as if it were a liability of the deceased employer which had accrued immediately before his death.
Part II Death of Employee
11. Where an employer has given notice to an employee to terminate his contract of employment, and before that notice expires the employee dies, Part VA of this Ordinance shall apply as if the contract had been duly terminated by the employer by notice expiring on the date of the employee’s death. 12. Where an employer has given notice to an employee to terminate his contract of employment, and has offered to renew his contract of employment, or to re-engage him under a new contract, and— (a) the employee dies without having either accepted or refused the offer; and (b) the offer has not been withdrawn before his death, subsection (2) or (as the case may be) subsection (3) of section 31C shall apply as if, for the words “the employee has unreasonably refused”, there were substituted the words “it would have been unreasonable on the part of the employee to refuse”. 13. In relation to the making of a claim by a personal representative of a deceased employee who dies before the end of the period of 1 month beginning with the relevant date, section 31N shall apply with the substitution, for the words “3 months”, of the words “6 months”. (Amended 76 of 1985 s. 9) 14. Subject to this Part of this Schedule, in relation to an employee who has died, any reference in Part VA of this Ordinance to— (a) the doing of anything by, or in relation to, an employee shall be construed as including a reference to the doing of that thing by, or in relation to, any personal representative of the deceased employee; and (b) a thing required or authorized to be done by, or in relation to, an employee shall be construed as including a reference to anything which, in accordance with Part VA of this Ordinance as modified by this Part of this Schedule (including sub-paragraph (a)), is required or authorized to be done by, or in relation to, any personal representative of his. 15. Any right of a personal representative of a deceased employee to a severance payment, where that right had not accrued before the employee’s death, shall devolve as if it had accrued before his death. (Third Schedule added 67 of 1974 s. 6)
Fourth Schedule
[s. 72(1)]
Specified Ordinances
(Format changes—E.R. 3 of 2017)
ItemTitle 1.Labour Tribunal Ordinance (Cap. 25).2.Apprenticeship Ordinance (Cap. 47).3.Labour Relations Ordinance (Cap. 55).4.Contracts for Employment Outside Hong Kong Ordinance (Cap. 78).5.Employees’ Compensation Ordinance (Cap. 282).6.Trade Unions Ordinance (Cap. 332).7.Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap. 360). (Amended 6 of 2008 s. 37)8.Minor Employment Claims Adjudication Board Ordinance (Cap. 453). (Added 61 of 1994 s. 55) (Fourth Schedule added 48 of 1984 s. 33)
*Fifth Schedule
(Repealed 74 of 1997 s. 18)
Editorial Note:＊The Fifth Schedule has been repealed since 27 June 1998. The Fifth Schedule as it reads immediately before 27 June 1998 reads as follows—
“FIFTH SCHEDULE Table Column 1Column 2Age in years of employee as at relevant dateNumber of years of service of employee as at relevant dateNot more than 437446Not less than 455”.
Sixth Schedule
[s. 31ZC]
Death of Employer—Long Service Payments (Format changes—E.R. 3 of 2017) 1. This Schedule shall have effect in relation to an employee where his employer (in this Schedule referred to as the deceased employer) dies. 2. Section 31Z shall not apply to any change whereby the ownership of the business, for the purposes of which the employee was employed by the deceased employer, passes to a personal representative of the deceased employer. 3. Where, by virtue of section 31ZB, the death of the deceased employer is to be treated for the purposes of Part VB of this Ordinance as a termination by him of the contract of employment, the employee shall nevertheless not be treated for these purposes as having been dismissed by the deceased employer if— (a) his contract of employment is renewed by a personal representative of the deceased employer, or he is re-engaged under a new contract of employment by such a personal representative; and (b) the renewal or re-engagement takes effect not later than 4 weeks after the death of the deceased employer. 4. Where by virtue of paragraph 3 the employee is treated as not having been dismissed by reason of a renewal or re-engagement taking effect after the death of the deceased employer, then— (a) in determining, for the purposes of section 31R or31RA, whether he has been employed under a continuous contract for the requisite number of years of service, the interval between the death and the date on which the renewal or re-engagement takes effect shall count as a period of employment with the personal representative of the deceased employer, if apart from this paragraph it would not count for that purpose as such a period of employment; and (b) in computing the number of years of service specified in section 31R or 31RA, the continuity of the employee’s period of employment shall be treated as not being broken by any week which falls within that interval. 5. For the purposes of the application, in accordance with section 31RB, of Part VB of this Ordinance in relation to an employee who was employed as a domestic servant in, or in connection with, a private household, any reference to a personal representative in this Schedule shall be construed as including a reference to any person to whom, otherwise than in pursuance of a sale or other disposition for valuable consideration, the management of the household has passed in consequence of the death of the deceased employer. 6. Subject to this Schedule, in relation to an employer who hasdied— (a) any reference in Part VB of this Ordinance to the doing of anything by, or in relation to, an employer shall be construed as including a reference to the doing of that thing by, or in relation to, any personal representative of the deceased employer; and (b) any reference in Part VB of this Ordinance to a thing required or authorized to be done by, or in relation to, an employer shall be construed as including a reference to anything which, in accordance with any provision of Part VB of this Ordinance as modified by this Schedule (including sub-paragraph (a)), is required or authorized to be done by, or in relation to, any personal representative of his. 7. Where by virtue of Part VB of this Ordinance, as modified by this Schedule, a personal representative of the deceased employer is liable to pay a long service payment, or part of a long service payment, and that liability had not accrued before the death of the deceased employer, it shall be treated for all purposes as if it were a liability of the deceased employer which had accrued immediately before his death. (Sixth Schedule added 76 of 1985 s. 10. Amended 52 of 1988 s. 17; 41 of 1990 s. 24)
Seventh Schedule [ss. 31G & 31V] (Format changes—E.R. 3 of 2017)
Table A Column 1Column 2 Relevant date Maximum amount Before the date of commencement of the Employment (Amendment) Ordinance 1995 (5 of 1995) The total amount of wages earned by the employee during the period of 12 months immediately preceding the relevant date, or $180,000, whichever is less On or after the date of commencement of the Employment (Amendment) Ordinance 1995 (5 of 1995), but before 1 October 1995 $210,000 1 October 1995 to 30 September 1996 $230,000 1 October 1996 to 30 September 1997 $250,000 1 October 1997 to 30 September 1998 $270,000 1 October 1998 to 30 September 1999 $290,000 1 October 1999 to 30 September 2000 $310,000 1 October 2000 to 30 September 2001 $330,000 1 October 2001 to 30 September 2002 $350,000 1 October 2002 to 30 September 2003 $370,000 On or after 1 October 2003 $390,000 Table B Column 1Column 2 Relevant date Fully reckonable years of service On or after the date of commencement of the Employment (Amendment) Ordinance 1995 (5 of 1995), but before 1 October 1995 25 years 1 October 1995 to 30 September 1996 27 years 1 October 1996 to 30 September 1997 29 years 1 October 1997 to 30 September 1998 31 years 1 October 1998 to 30 September 1999 33 years 1 October 1999 to 30 September 2000 35 years 1 October 2000 to 30 September 2001 37 years 1 October 2001 to 30 September 2002 39 years 1 October 2002 to 30 September 2003 41 years 1 October 2003 to 30 September 2004 43 years (Seventh Schedule added 5 of 1995 s. 12)
Eighth Schedule
[s. 32G]
Employment Protection Death of Employer or of Employee
(Format changes—E.R. 3 of 2017)
Part I
Death of Employer
1. If an employer dies after his employee’s right of action has arisen under Part VIA of this Ordinance on employment protection but before the adjudication of the claim, the claim shall be actionable by the employee against the personal representative of the deceased employer. 2. In relation to the death of an employer, a reference to renewal or re-engagement by the employer in section 32B or 32C shall be construed as including a reference to renewal or re-engagement by any personal representative of the deceased employer, and a reference to an offer made by the employer shall be construed as including a reference to an offer made by any personal representative of the deceased employer.
Part II
Death of Employee
3. If an employee dies after his right of action has arisen under Part VIA of this Ordinance on employment protection but before the adjudication of the claim, the claim shall be actionable by a personal representative of the deceased employee. 4. Where an employer has given notice to an employee to terminate his contract of employment and before that notice expires the employee dies, Part VIA of this Ordinance on employment protection shall apply as if the contract had been terminated by the employer by notice expiring on the date of the employee’s death. 5. Where an employer has given notice to an employee to terminate his contract of employment and has offered to renew his contract of employment or to re-engage him under a new contract and— (a) the employee dies without having either accepted or refused that offer; and (b) the offer has not been withdrawn by the employer before the death of the employee, section 32C(1) or (2), as the case may be, shall apply as if, for the words “the employee has unreasonably refused”, there were substituted the words “it would have been unreasonable on the part of the employee to refuse”. (Eighth Schedule added 75 of 1997 s. 5)
Ninth Schedule
[s. 49A]
Monetary Cap on Keeping Records of Hours Worked (Format changes—E.R. 1 of 2013) $15,300 per month (Ninth Schedule added 15 of 2010 s. 22. Amended L.N. 148 of 2010; L.N. 187 of 2012; L.N. 7 of 2015; L.N. 12 of 2017; L.N. 11 of 2019)
Schedule 10
[s. 78]
Transitional Provisions relating to Employment (Amendment) Ordinance 2020
1. Interpretation of Schedule 10 In this Schedule— 2020 Amendment Ordinance (《2020年修訂條例》) means the Employment (Amendment) Ordinance 2020 (13 of 2020); *amendment date (修訂日期), in relation to a section, means the date on which a provision of the 2020 Amendment Ordinance that amends the section comes into operation. 2. Transitional provisions relating to sections 12(2)(a), 12AA(1)and 14 (1) If a female employee’s confinement occurs before the amendment date for sections 12(2)(a), 12AA(1) and 14, those sections, as in force immediately before that date, continue to apply in relation to her entitlement to maternity leave and maternity leave pay. (2) If— (a) a female employee gives notice of her pregnancy and of her intention to take maternity leave under section 12(4) before the amendment date for sections 12(2)(a), 12AA(1) and 14; but (b) her confinement occurs on or after that date, sections 12(2)(a), 12AA(1) and 14, as amended by the 2020 Amendment Ordinance, apply in relation to her entitlement to maternity leave and maternity leave pay. 3. Transitional provisions relating to section 15(2)(c) If— (a) a female employee’s contract of employment is terminated by her employer in contravention of section 15(1)(a) or (b); and (b) the date of termination of the contract falls on or after the amendment date for section 15(2)(c), section 15(2)(c), as amended by the 2020 Amendment Ordinance, applies in relation to the contravention, unless the employee’s confinement occurs before that amendment date. 4. Transitional provisions relating to sections 15E(3)(b) and15G(4) (1) If a male employee’s child is born before the amendment date for sections 15E(3)(b) and 15G(4), those sections, as in force immediately before that date, continue to apply in relation to his entitlement to paternity leave in respect of the birth of the child. (2) If— (a) a male employee gives notification under section 15F(1) for taking paternity leave in respect of the birth of his child before the amendment date for sections 15E(3)(b) and 15G(4); but (b) the child is born on or after that date, sections 15E(3)(b) and 15G(4), as amended by the 2020 Amendment Ordinance, apply in relation to his entitlement to paternity leave in respect of the birth of the child. (Schedule 10 added 13 of 2020 s. 14)
Editorial Note: * Amendment date: 11 Dec