Employment Ordinance

(1)
If a principal contractor or superior sub-contractor pays to an employee any wages under
section 43C
, the wages so paid shall be a debt due by the employer of that employee to the principal contractor or superior sub-contractor, as the case may be.
(2)
Any principal contractor or superior
sub-
contractor who pays to an employee any wages under
section 43C
may either—
(a)
claim contribution from every superior sub-contractor to the employee’s employer or from the principal contractor and every other such superior sub-contractor as the case may be; or
(b)
deduct by way of
set-
off the amount paid by him from any sum due or which may become
due—
(i)
to any sub-contractor to whom he has sub-contracted all or any part of work that he contracted to perform being work upon which the employee was employed, and
(ii)
in respect of the work that he has sub-contracted.
(3)
For the purposes of this section any
amount—
(a)
paid by a principal contractor or a superior sub-contractor by way of contribution under subsection
(2
)(
a)
, or
(b)
deducted by a principal contractor or a superior sub-contractor from any sum due by him by way of set-off under subsection
(2
)(
b)
,
shall be deemed to be payment by the principal contractor or superior
sub-
contractor who has paid the amount by way of contribution or by the superior
sub-
contractor who has suffered a deduction from any sum due to him by way of
set-
off to an employee of wages under
section 43C
.