Employment Ordinance

(1)
If a superior nominated sub-contractor pays to an employee any wages under
section 43G
, the wages so paid shall be a debt due by the employer of that employee to the superior nominated sub-contractor.
(2)
Any superior nominated
sub-
contractor who pays to an employee any wages under
section 43G
may either—
(a)
claim contribution from every other superior nominated sub-contractor to the employee’s employer; 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 nominated 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 superior nominated sub-contractor by way of contribution under subsection
(2
)(
a)
, or
(b)
deducted by a superior nominated 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 superior nominated
sub-
contractor who has paid the amount by way of contribution or has suffered a deduction from any sum due to him by way of
set-
off to an employee of wages under
section 43G
.