Employment Ordinance

(1)
In this Part, unless the context otherwise
requires—
associate
(
相關人士
), in
                    relation to a person,
means—
(a)
if the person is a
company—
(i)
a related person of the person; or
(ii)
an individual employed by the person;
(b)
if the person is a partner in a
partnership—
(i)
a related person of the person; or
(ii)
an individual employed by the person or by the partnership;
                            or
(c)
in any other case—an individual employed by the person;
(Added
8 of 2018 s. 3
)
certificate
                    of
                exemption
(
豁免證明書
) means a certificate issued under
section 54
;
employment
                        agency
(
職業介紹所
) means a person who operates a
                    business the purpose of which
is—
(a)
to obtain employment for another person; or
(b)
to supply the labour of another person to an employer,
whether or not the person who operates the business will derive any
                    pecuniary or
                    other
                    material advantage from either the employer or such other person;
(Amended
41 of 1990 s. 21
)
licence
(
牌照
) means a licence issued under
section 52
and
licensee
(
持牌人
) shall be construed
                accordingly;
(Amended
8 of 2018 s. 3
)
related person
(
有關連人士
)
means—
(a)
in relation to a company—a director, manager, secretary or other
                        similar officer of the company; or
(b)
in relation to a partner in a
partnership—
(i)
another partner in the partnership; or
(ii)
another person concerned in the management of the partnership.
(Added
8 of 2018 s. 3
)
(2)
Subject to subsection (3), this Part shall apply to any employment agency which
                is carried on in Hong Kong, whether the employment is to take place within or
                outside Hong Kong.
(3)
This Part shall not apply to any employment
agency—
(a)
which is carried on or subvented by
                    the
                    Central People’s Government or the Government;
(Amended
31 of 2025 s. 11
)
(b)
which is carried on under the terms of a permit to maintain a crew
                    department granted or deemed to be granted under the Merchant Shipping
                    (Seafarers) Ordinance (
Cap. 478
);
(Amended
44 of 1995 s. 143
)
(c)
(Repealed
41 of 1990 s. 21
)
(d)
(Repealed
10 of 1980 s. 4
)
(e)
which is carried on by an employer for the sole purpose of recruiting
                    persons for employment on his own behalf;
(f)
which is carried on by a contractor, or sub-contractor, who employs any
                    person on work for another person;
(g)
which is carried on by the proprietor of a newspaper or other publication
                    if the operation of an employment agency is non-profit making and is not the
                    principal purpose of the publication of the newspaper or other
                    publication;
(h)
which
is—
(i)
non-profit making;
(ii)
wholly maintained or managed by the owner, staff or students of a
                        school, college, university or other educational institution recognized by
                        the Permanent Secretary for Education; and
(Amended
3 of 2003 s. 41
;
L.N. 130 of
                            2007
)
(iii)
carried on solely for or in connection with the employment of the
                        students or graduates of such school, college, university or other
                        educational institution; or
(i)
subject to any regulations which may be applicable thereto, in respect of
                    which a certificate of exemption has been issued.