Employment Ordinance

(1)
The Commissioner may refuse to issue or renew a licence, or may revoke a
                licence, if he is satisfied on reasonable
grounds—
(a)
that the name under which the employment agency is operated or is intended
                    to be
operated—
(i)
is identical with the name of another employment agency which is being,
                        or has been, carried on by another person; or
(ii)
so nearly resembles the name of another employment agency as to be
                        likely to deceive the public;
(b)
that the employment agency is being, or is likely to be, used for unlawful
                    or immoral
                    purposes;
(Amended
8 of 2018 s. 5
)
(c)
that the
                    licensee
                    or the person intending to be the
licensee—
(Amended
8 of 2018 s. 5
)
(i)
is an undischarged bankrupt;
(ii)
has, within the preceding 5 years, been convicted of an offence against
                        the person of a child, young person or woman or of an offence involving
                        membership of a triad society, fraud, dishonesty or extortion;
(iii)
has knowingly furnished to the Commissioner any false or misleading
                        information in connection with his application for the issue or renewal of
                        the licence;
(iv)
has contravened any provision of this Part or any regulation made under
section 62
;
(Amended
8 of 2018 s. 5
)
(iva)
has not complied with a code of practice issued under
section
                            62A(1)
; or
(Added
8 of 2018 s. 5
)
(v)
is not, for any other reason, a fit and proper person to operate an
                        employment
                        agency;
(Amended
8 of 2018 s. 5
)
(d)
(if the licensee or the person intending to be the licensee is a company or
                    a partner in a partnership) that a related person of the licensee or
person—
(i)
has, within the preceding 5 years, been convicted of an offence against
                        the person of a child, young person or woman or of an offence involving
                        membership of a triad society, fraud, dishonesty or extortion;
(ii)
has contravened any provision of this Part or any regulation made under
section 62
; or
(iii)
has not complied with a code of practice issued under
section
                            62A(1)
; or
(Added
8 of 2018 s. 5
)
(e)
that an individual employed by the licensee or by the person intending to be
                    the
licensee—
(i)
has contravened any provision of this Part or any regulation made under
section 62
; or
(ii)
has not complied with a code of practice issued under
section
                            62A(1)
.
(Added
8 of 2018 s. 5
)
(2)
The Commissioner shall, if he refuses to issue or renew a licence or revokes a licence, within 14 days after such refusal or revocation, notify the applicant or licensee in writing of the grounds for such refusal or revocation.
(3)
Any person aggrieved by a decision of the Commissioner taken in respect of him under subsection (1) may, within 28 days after he is notified under subsection (2), appeal to the Administrative Appeals Board.
(Replaced
6 of 1994 s. 35
)
(4)
(Repealed
6 of 1994 s. 35
)
(5)
The licensee shall, if the Commissioner refuses to renew or revokes his licence under subsection (1)
,—
(a)
within 28 days after he is notified under subsection (2); or
(b)
if he has appealed under subsection (3), within 14 days after he withdraws or abandons the appeal or he is notified of the Administrative Appeals Board’s dismissal of the appeal,
deliver the licence, and every copy thereof, to the Commissioner.
(Replaced
6 of 1994 s. 35
)