Cap. 57activeordinance

Employment Ordinance

僱傭條例

Full legislation

s.43S

Prosecution of offence under section 43P

(1)
No prosecution for an offence under
section 43P
may be commenced without the consent in writing of the Commissioner.
(2)
Before giving consent to prosecute under subsection (1), the Commissioner must hear the person against whom the allegation is made, or give the person an opportunity of being heard.
(3)
Subject to subsection (1), a prosecution for an offence under
section 43P
may be brought in the name of the Commissioner and may be commenced and conducted by any officer of the Labour Department authorized in that behalf in writing by the Commissioner.
(4)
Nothing in this section derogates from the powers of the Secretary for Justice in respect of the prosecution of criminal offences.