Cap 423 - EMPLOYEES RETRAINING ORDINANCE 1
Chapter: 423 EMPLOYEES RETRAINING ORDINANCE Gazette Number Version Date
Long title 30/06/1997
An Ordinance to establish the Employees Retraining Board as a body corporate, to establish the Employees Retraining
Fund, to provide for the imposition of a levy payable by employers who employ imported employees, and to
provide for the collection of the levy by the Director of Immigration from those employers in respect of those
employees and the remittance of the levy to the Board for the purposes of the Fund, the defraying of the costs of
providing retraining courses for eligible employees, the payment of retraining allowances by the Board from the
Fund to those employees, and for incidental and connected matters.
(Amended 5 of 1997 s. 2)
[16 October 1992]
(Originally 76 of 1992)
Part: I PRELIMINARY 30/06/1997
Section: 1 Short title, application and commencement 30/06/1997
(1) This Ordinance may be cited as the Employees Retraining Ordinance.
(2) Subject to subsection (3), this Ordinance shall apply in relation to the financial year commencing on 9
January 1992 and all subsequent financial years, and shall come into operation on the date of publication of this
Ordinance in the Gazette*.
(3) Part IV (other than section 16(c)) shall apply in relation to the financial year commencing on 9 January
1992 and all subsequent financial years, and shall be deemed to have come into operation on that date.
_________________________________________________________________________________
Note:
* Ordinance published in Gazette on 16 October 1992
Section: 2 Interpretation L.N. 130 of 2007 01/07/2007
Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
In this Ordinance, unless the context otherwise requires-
"applicant" (申請人) means an eligible employee who makes an application under section 17(1); (Amended 5 of
1997 s. 3)
"Board" (再培訓局) means the Employees Retraining Board established under section 3;
"certificate of exemption" (豁免證明書) means a certificate of exemption as defined in section 17G of the
Immigration Ordinance (Cap 115); (Added 5 of 1997 s. 3)
"Chairman" (主席) means the Chairman of the Board appointed under section 3(2)(a)(i) or any other person when
acting as Chairman;
"condition of stay" (逗留條件), in relation to any person, means a condition of stay imposed in respect of the person
under the Immigration Ordinance (Cap 115); (Added 5 of 1997 s. 3)
"contract of employment" (僱傭合約) has the same meaning as in section 2(1) of the Employment Ordinance (Cap
57);
"Director" means the Director of Immigration;
"eligible employee" (合資格僱員) means an employee who-
(a) is the holder of an identity card or a certificate of exemption; and
(b) (i) is not subject to any condition of stay, other than a limit of stay; and
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(ii) is not in breach of any limit of stay; (Added 5 of 1997 s. 3)
"employee" (僱員) has the same meaning as in section 2(1) of the Employment Ordinance (Cap 57), and includes a
former employee and any person who wishes to take up employment as an employee after attending a retraining
course or a supplementary retraining programme; (Amended 102 of 1994 s. 2; 5 of 1997 s. 3)
"employer" (僱主) has the same meaning as in section 2(1) of the Employment Ordinance (Cap 57);
"Executive Director" (行政總監) means the Executive Director of the Board appointed by the Board in the exercise
of the power conferred on it by section 5(2)(b); (Added 102 of 1994 s. 2)
"financial year" (財政年度) means the financial year of the Board referred to in section 9(1);
"Fund" (基金) means the Employees Retraining Fund established under section 6;
"identity card" (身分證) means an identity card within the meaning of the Registration of Persons Ordinance (Cap
177); (Added 5 of 1997 s. 3)
"imported employee" (外來僱員) means a person who is the subject of an application by an employer under section
14(4); (Amended 5 of 1997 s. 3)
"labour importation scheme" (輸入僱員計劃) means a scheme referred to in section 14(3);
"levy" (徵款) means the levy imposed under section 14(1);
"limit of stay" (逗留期限), in relation to any person, means a condition of stay limiting the period during which the
person may remain in Hong Kong; (Added 5 of 1997 s. 3)
"quota" (配額) means a quota allocated under section 14(4);
"retraining allowance" (再培訓津貼) means the retraining allowance referred to in section 21(4);
"retraining course" (再培訓課程) means a course provided or conducted by a training body for the purpose of
training or retraining trainees to acquire new or enhanced vocational skills;
"Secretary" (局長) means the Secretary for Labour and Welfare; (Replaced L.N. 130 of 2007)
"supplementary retraining programme" (附屬培訓計劃) means a programme approved by the Board and provided or
conducted by a training provider for the purpose of training or retraining eligible employees to acquire new or
enhanced vocational skills or to facilitate their employment; (Added 102 of 1994 s. 2. Amended 5 of 1997 s. 3)
"trainee" (受訓僱員 ) means an applicant invited to attend a retraining course or a supplementary retraining
programme under section 19(2); (Amended 102 of 1994 s. 2)
"training body" (培訓機構) means a body specified in Schedule 2;
"training provider" (附屬培訓機構) means a body or person appointed under section 4; (Added 102 of 1994 s. 2)
"visa" (簽證) means a visa issued under section 61 of the Immigration Ordinance (Cap 115);
"vocational skills" (職業技能) means any skills leading or related to employment. (Added 102 of 1994 s. 2)
(Amended 102 of 1994 s. 2; 5 of 1997 s. 3)
Part: II ESTABLISHMENT OF THE EMPLOYEES
RETRAINING BOARD
30/06/1997
Section: 3 Establishment of the Board 56 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 56 of 2000 s. 3
(1) There is established a body corporate, to be called the Employees Retraining Board, which shall have such
powers and functions as are conferred and imposed on it under this Ordinance.
(2) The Board shall-
(a) consist of-
(i) a Chairman;
(ii) a Vice-Chairman;
(iii) not more than 4 other members not being public officers who, in the opinion of the Chief
Executive, represent employers;
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(iv) not more than 4 other members not being public officers who, in the opinion of the Chief
Executive, represent employees; and
(v) not more than 4 other members not being public officers who, in the opinion of the Chief
Executive, include persons who are connected with vocational training and retraining or
manpower planning,
who shall be appointed by the Chief Executive for a term not exceeding 3 years; and
(b) consist of not more than 3 other members being public officers each of whom shall be appointed by the
Chief Executive and hold office at the discretion of the Chief Executive. (Amended 56 of 2000 s. 3)
(3) The members of the Board appointed under subsection (2) shall be the governing body of the Board and
shall, in the name of the Board, exercise and perform the powers and functions conferred and imposed on the Board
under this Ordinance.
(4) Schedule 1 shall have effect as respects the Board and the members thereof.
(5) Notice of any appointment made under this section shall be published in the Gazette.
Section: 4 Functions of the Board 30/06/1997
The functions of the Board are-
(a) to hold the Fund upon trust to administer the Fund in accordance with the objects of this Ordinance;
(b) to receive the levy imposed on employers and remitted by the Director;
(c) to consider the provision, administration and availability of retraining courses and supplementary
retraining programmes intended or designed for the benefit of eligible employees in adjusting to
changes in the employment market by acquiring new or enhanced vocational skills; (Amended 5 of
1997 s. 4)
(d) to identify particular occupations or classes of occupation that have high vacancy rates and in respect
of which eligible employees may secure employment or re-employment by attending retraining
courses or supplementary retraining programmes as trainees to acquire new or enhanced vocational
skills; (Amended 5 of 1997 s. 4)
(e) to liaise with training bodies, other related organizations and Government departments with respect to
the design, administration and availability of retraining courses and supplementary retraining
programmes;
(f) to determine the requirements to be satisfied by eligible employees for the purposes of applying to
attend retraining courses or supplementary retraining programmes and receive retraining allowances,
and the amount of retraining allowances to be paid to those eligible employees as trainees; (Amended
5 of 1997 s. 4)
(g) to pay retraining allowances to trainees;
(h) to engage the services of training bodies for the purpose of providing or conducting retraining courses;
(i) to defray the costs of the provision of retraining courses and supplementary retraining programmes;
(j) to perform such other functions as are imposed on the Board under this Ordinance; and
(k) to appoint, by notice in the Gazette, a training provider whose function is to provide training or
retraining under a supplementary retraining programme. (Added 102 of 1994 s. 5)
(Amended 102 of 1994 s. 5)
Section: 5 General powers of the Board 30/06/1997
(1) The Board may do such things as are expedient for or conducive to the attainment of its functions or which,
in the opinion of the Board, are necessary to facilitate the proper carrying out of the functions of the Board.
(2) Without restricting the generality of subsection (1) the Board may-
(a) hold, acquire or take on lease movable and immovable property and sell, let or otherwise dispose of or
deal with such property;
(b) appoint such employees as it may determine on such terms and conditions of service as the Board
thinks fit including the payment of allowances, benefits, gratuities, pensions and remuneration;
(c) make or provide ex gratia payments in respect of any employee of the Board or to the personal
representative of a deceased employee of the Board;
(d) engage the services of such technical and professional advisers as the Board thinks fit including the
determination of all matters relating to their remuneration and terms and conditions of engagement;
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(e) subject to section 8, invest the moneys of the Fund in such manner and to such extent as it considers
expedient and prudent;
(f) subject to the approval of the Financial Secretary, borrow moneys, in such manner and on such
securities or terms as it considers expedient and prudent, for payment into the Fund;
(g) exercise any of its powers either alone or in association with any person or persons;
(h) publicise the Fund and the criteria for eligibility for payment of retraining allowances and the amounts
thereof;
(i) publicise the availability of retraining courses and supplementary retraining programmes and the
training bodies and training providers providing or conducting such courses or programmes;
(Replaced 102 of 1994 s. 6)
(j) accept gifts whether subject to any trust or not;
(k) accumulate any income of the Fund; and
(l) subject to section 10, write off debts due to the Board.
Part: III FINANCIAL PROVISIONS 30/06/1997
Section: 6 Employees Retraining Fund 30/06/1997
(1) There is established a fund to be known as the Employees Retraining Fund which is vested in the Board.
(2) The Fund shall be used to make provision for the payment of retraining allowances in respect of trainees
attending retraining courses or supplementary retraining programmes and to defray the costs of those courses and
programmes. (Amended 102 of 1994 s. 7)
(3) The Fund shall consist of-
(a) subject to any fees that may be charged under section 30, all amounts of levy imposed under section
14(1) and remitted to and received by the Board;
(b) all other moneys, including grants, loans, fees, and interest from whatever source paid to and received
by the Board for or in connection with the carrying out of its functions;
(c) interest and other income derived from the moneys and investments included in the Fund;
(d) all moneys received by the Board as gifts; and
(e) all other moneys lawfully paid to and received by the Board including any moneys provided by the
Government for the purposes of the Fund.
Section: 7 Payments from the Fund 30/06/1997
The Board may pay from the Fund-
(a) payments to training bodies or training providers in respect of trainees eligible under Part V to receive
retraining allowances;
(b) expenses incurred by the Board for the purposes of this Ordinance;
(c) capital, interest and charges in respect of any loan; and
(d) any other sums required or permitted to be paid under this Ordinance.
(Amended 102 of 1994 s. 8)
Section: 8 Bank account and investment of surplus funds 30/06/1997
(1) The Board shall open and maintain an account in the name of the Fund with a bank within the meaning of
section 2 of the Banking Ordinance (Cap 155). (Amended 49 of 1995 s. 53)
(2) Subject to subsection (3), the Board shall pay all moneys comprising the Fund into the account referred to
in subsection (1).
(3) All moneys of the Fund that are not immediately required to be expended shall be-
(a) deposited in a bank within the meaning of section 2 of the Banking Ordinance (Cap 155) on fixed term
or call deposits or in a savings account; or (Amended 49 of 1995 s. 53)
(b) invested in such other forms of investments approved by the Financial Secretary, either generally or in
the particular case, for the purpose.
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Section: 9 Financial year and estimates 30/06/1997
(1) Subject to section 33(3), the Board shall fix any period of 12 months to be the financial year of the Board.
(2) The Board shall, in each financial year, adopt estimates of income and expenditure in respect of the
following financial year and, before a date to be appointed by the Secretary, send them to the Secretary for his
approval together with a programme of its activities for that following financial year.
(3) The Secretary may require the resubmission of estimates of income and expenditure or the programme of
activities referred to in subsection (2), modified as he may direct.
Section: 10 Accounts and statements 56 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 56 of 2000 s. 3
(1) The Board shall keep proper books or records of account, vouchers, receipts and other records in relation to
the accounts and shall cause to be prepared for each financial year a statement of the accounts of the Board which
shall-
(a) include an income and expenditure account and balance sheet; and
(b) be signed by the Chairman.
(2) The signed statement of the accounts of the Board shall be submitted by the Chairman to the auditor
appointed by the Board under section 11 not later than 6 months following the end of the financial year to which it
relates or by such later date as the Chief Executive may allow. (Amended 56 of 2000 s. 3)
(3) For the purposes of this section the Board may write off the whole or any part of any debt due to the Board
which it reasonably considers irrecoverable.
(4) Any write off under subsection (3) shall not extinguish any right of the Board to recover the debt which has
been written off.
Section: 11 Auditor 56 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 56 of 2000 s. 3
(1) The Board shall appoint an auditor, who shall be entitled at any time-
(a) to have access to all books or records of account, vouchers, receipts and other records of the Board
referred in section 10; and
(b) to require such information and explanations,
as he considers necessary to discharge his functions.
(2) The auditor shall, as soon as is practicable and in any case within the period of 4 months, or such longer
period as the Chief Executive may determine, after the receipt of the signed statement of the accounts of the Board
under section 10(2), audit the accounts prepared under section 10(1) and shall submit a report on the accounts to the
Board. (Amended 56 of 2000 s. 3)
Section: 12 Director of Audit's examination 30/06/1997
(1) Notwithstanding the appointment of an auditor under section 11, the Director of Audit may carry out such
examination as he thinks fit into the economy, efficiency and effectiveness with which the Board has used its
resources in discharging its functions and exercising its powers.
(2) The Director of Audit shall have a right of access at all reasonable times to all such documents in the
custody or under the control of the Board as he may reasonably require for the purpose of carrying out any
examination under subsection (1) and shall be entitled to require from any person holding or accountable for any such
document such information and explanations (if any) as are reasonably necessary for that purpose.
(3) The Director of Audit may report to the President of the Legislative Council the results of any examination
carried out by him under subsection (1). (Amended 19 of 1993 s. 6)
(4) The President of the Legislative Council shall, within the period of 1 month, or such longer period as he
Cap 423 - EMPLOYEES RETRAINING ORDINANCE 6
may determine, after the receipt of the report (if any) from the Director of Audit under subsection (3), cause a copy of
the report to be laid on the table of the Legislative Council. (Amended 19 of 1993 s. 6)
(5) Subsection (1) does not entitle the Director of Audit to question the merits of the policy objectives of the
Board.
Section: 13 Annual report 56 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 56 of 2000 s. 3
The Board shall, not later than 3 months after receipt by the Board of the signed statement of the accounts of the
Board as audited by the auditor under section 11(2) or such longer period as the Chief Executive may determine,
submit-
(a) a report on the activities and affairs of the Board for that year including the administration of the Fund;
(b) a copy of its statement of the accounts therefor; and
(c) the auditor's report on the accounts,
to the Chief Executive who shall cause the same, together with any report the Chief Executive may see fit to make
thereon, to be laid on the table of the Legislative Council.
(Amended 56 of 2000 s. 3)
Part: IV IMPOSITION AND PAYMENT OF LEVY 30/06/1997
Section: 14 Imposition of levy 56 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 56 of 2000 s. 3
(1) A levy, to be known as the Employees Retraining Levy, shall be payable by an employer to the Director in
respect of each imported employee to be employed by him under a contract of employment and granted a visa under
subsection (4).
(2) Subject to section 15, the amount of levy payable under subsection (1) in respect of each imported
employee employed by an employer shall be the sum specified in Schedule 3 multiplied by the number of months
specified in the contract of employment entered into between that employer and that imported employee.
(3) For the purposes of this section, the Chief Executive in Council may, from time to time, approve a scheme
("labour importation scheme") under the terms of which a levy shall be payable by employers in accordance with this
Part. (Amended 56 of 2000 s. 3)
(4) An employer may, under the terms of the labour importation scheme, apply to the Director for permission
to employ such persons as imported employees as the Director may, in accordance with a quota allocated by or with
the authority of the Secretary in respect of that employer under that scheme, grant visas to those imported employees
for that purpose.
Section: 15 Payment of levy 30/06/1997
(1) The amount of levy payable under section 14 shall be paid by an employer to the Director at such place and
within such period ("payment period") as may be specified by the Director by notice in writing to the employer.
(2) Any levy, or any part thereof, ("relevant balance") paid by an employer to the Director in respect of an
imported employee ("defaulting employee") who fails to arrive in Hong Kong after being granted a visa by the
Director under section 14(4), or who having arrived in Hong Kong fails for whatever reason to complete his contract
of employment with his employer, shall not be repaid or refunded to the employer, but the relevant balance shall,
subject to subsection (3), be taken into account by the Director for the purposes of any subsequent application that that
employer may make to the Director under section 14(4) to employ an imported employee by way of a replacement for
the defaulting employee.
(3) The relevant balance referred to in subsection (2) shall only be taken into account by the Director if the
subsequent application by the employer to the Director under section 14(4) is made within a period of 4 months from
Cap 423 - EMPLOYEES RETRAINING ORDINANCE 7
the date the failure of the defaulting employee to arrive in Hong Kong, or complete his contract of employment, as the
case may be, first came or should have first come to the attention of that employer.
Section: 16 Director to receive and remit levy to Board 30/06/1997
Where during any payment period (within the meaning of section 15(1)) a levy is paid under that section, the
Director shall-
(a) receive the levy;
(b) deposit the levy in an account established for that purpose; and
(c) subject to section 30, remit the levy (together with any interest accrued thereon) to the Board as soon
as practicable.
Part: V SELECTION OF TRAINEES AND PAYMENT OF
RETRAINING ALLOWANCES
30/06/1997
Section: 17 Application by eligible employee to attend retraining
course, etc.
30/06/1997
(1) An eligible employee may apply to the Executive Director to attend a retraining course or supplementary
retraining programme approved by the Board from time to time. (Amended 5 of 1997 s. 5)
(2) The Executive Director shall consider the application and carry out such inquiries as he considers necessary
to make a determination under section 18.
(3) It is the duty of every applicant to assist the Executive Director in carrying out inquiries under this section,
and where the applicant fails without reasonable excuse so to assist, the Executive Director may, notwithstanding any
other provision, determine that the applicant shall not be entitled to attend the retraining course or supplementary
retraining programme for which he has applied.
(4) For the purpose of carrying out inquiries under this section the Executive Director may-
(a) require the applicant to furnish such information or particulars relating to the application; and
(b) make such inquiries from any other person or body (including a training body or training provider)
connected or associated with the application,
as he considers necessary.
(Amended 102 of 1994 s. 9)
Section: 18 Determination of applications by Executive Director 30/06/1997
(1) The Executive Director shall, in respect of an application made under section 17, determine-
(a) whether or not he is satisfied as to the applicant's status as an eligible employee, and his entitlement to
apply, under that section; (Amended 5 of 1997 s. 6)
(b) whether or not he is satisfied that the applicant meets such requirements as to matters of priority
between applicants, or classes of applicant, and such other requirements (if any) as the Board may
specify from time to time;
(c) whether or not the applicant meets the entry requirements (if any) applicable to the retraining course or
supplementary retraining programme to which the application relates; and
(d) his general suitability for retraining,
and shall advise the applicant of his determinations. (Replaced 102 of 1994 s. 10)
(2) Where the Executive Director is satisfied as to the applicant's status as an eligible employee, and his
entitlement to apply, under section 17 and that he meets the requirements (if any) specified by the Board under
subsection (1)(b) the Executive Director shall refer the applicant to the training body or training provider that provides
or conducts a retraining course or supplementary retraining programme to which the application relates. (Amended
102 of 1994 s. 10; 5 of 1997 s. 6)
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Section: 19 Determination of applications by training bodies, etc. 30/06/1997
(1) The training body or training provider to which an applicant is referred by the Executive Director under
section 18(2) shall consider the application of that applicant and determine whether or not the applicant meets the
entry requirements (if any) applicable to the retraining course or supplementary retraining programme to which the
application relates and shall advise the applicant of its determinations. (Amended 102 of 1994 s. 11)
(2) Where a training body or training provider is satisfied that an applicant meets the entry requirements
referred to in subsection (1) it may invite the applicant to attend the retraining course or supplementary retraining
programme as a trainee subject to such conditions as it may specify and, in the case of such an invitation, it shall
advise the applicant to apply for payment of a retraining allowance. (Replaced 102 of 1994 s. 11)
Section: 20 Eligibility of applicant to receive a retraining allowance 30/06/1997
(1) Subject to section 22(3), an applicant referred to in section 19(2) shall be eligible to receive a retraining
allowance as a trainee if he-
(a) has been referred to a training body or training provider under section 18(2);
(b) has been invited to attend a retraining course or supplementary retraining programme as a trainee by
that training body or training provider under section 19(2);
(c) complies with such attendance and other requirements for trainees as may be specified by that training
body or training provider in respect of that retraining course or supplementary retraining programme;
and
(d) is not receiving at the same time a retraining allowance or some other similar payment however
described ("existing payment") as a trainee or otherwise in respect of another retraining course or
supplementary retraining programme or any other course however described unless the Board decides,
in the special circumstances of the case, to disregard that existing payment.
(2) Where an applicant is eligible to receive a retraining allowance as a trainee in respect of his attendance at a
retraining course or supplementary retraining programme under subsection (1) but, at the same time, he is receiving
from whatever source a retraining allowance or some other similar payment however described as a trainee or
otherwise in respect of that retraining course or supplementary retraining programme then the applicant shall be
eligible to receive the first mentioned retraining allowance only if he forgoes the second mentioned retraining
allowance or other similar payment.
(Amended 102 of 1994 s. 12)
Section: 21 Application by trainee for payment of retraining allowance 30/06/1997
(1) Subject to subsection (2), a trainee who considers that he is eligible to receive a retraining allowance under
section 20(1) may apply to the Board in accordance with section 22 for payment from the Fund of such an allowance
in respect of his attendance or intended attendance at a retraining course or supplementary retraining programme
provided or conducted by a training body or training provider.
(2) An application by the trainee under subsection (1) shall be submitted by the training body or training
provider to the Board.
(3) Subject to section 22(3), the Board shall determine the application in accordance with section 23 and may
approve the payment of a retraining allowance to the training body or training provider for distribution to the trainee
under subsection (5).
(4) The maximum amount of the retraining allowance payable monthly in respect of the trainee under
subsection (3) shall be the sum specified in Schedule 4, but where the trainee attends a retraining course or
supplementary retraining programme for a period of less than 1 month, only a proportion of that retraining allowance
shall be so payable, as calculated in accordance with guidelines approved by the Board from time to time.
(5) Subject to subsection (6), on the receipt by the training body or training provider of a retraining allowance
under subsection (3) the training body or training provider shall, as soon as practicable and without making any
deduction therefrom unless such deduction is approved by the Board, distribute that retraining allowance to the trainee
making the application under subsection (1).
(6) Where a training body or training provider pays, or has paid, a trainee who is attending a retraining course
or supplementary retraining programme provided or conducted by that training body or training provider a sum of
money equivalent to the retraining allowance in respect of that trainee and in respect of which that training body or
Cap 423 - EMPLOYEES RETRAINING ORDINANCE 9
training provider has submitted an application under subsection (2) to the Board, then that training body or training
provider may reimburse itself the amount of that sum on the receipt of that retraining allowance.
(Amended 102 of 1994 s. 13)
Section: 22 Applications to the Board 30/06/1997
(1) An application by a trainee to the Board under section 21(1) for payment from the Fund of a retraining
allowance shall be made in the manner and form specified by the Board.
(2) Upon receipt of the application referred to in subsection (1) and submitted by a training body or training
provider under section 21(2), the Board shall carry out such inquiries as it considers necessary to make a
determination under section 23. (Amended 102 of 1994 s. 14)
(3) It is the duty of every trainee to assist the Board in carrying out inquiries under this section, and where the
trainee fails without reasonable excuse so to assist, the Board may, notwithstanding any other provision, determine
that the trainee shall not be entitled to the payment of a retraining allowance from the Fund under section 21.
(4) For the purpose of carrying out inquiries under this section the Board may-
(a) require the trainee to furnish such information or particulars relating to the application; and
(b) make such inquiries from any other person or body (including a training body) connected or associated
with the application,
as the Board considers necessary.
Section: 23 Determination of applications by the Board 30/06/1997
The Board shall in respect of an application by a trainee under section 21(1) and submitted by a training body or
training provider under section 21(2) determine-
(a) whether or not it is satisfied as to the trainee's eligibility under section 20(1) to receive a retraining
allowance; and
(b) if so, and taking into account sections 20(2) and 21(4), what amount of retraining allowance should be
payable to the training body or training provider from the Fund for distribution to that trainee under
section 21(5),
and shall advise that training body or training provider by written notice of its determinations in respect of the
application.
(Amended 102 of 1994 s. 15)
Section: 24 Review of determinations 30/06/1997
(1) Any person aggrieved ("aggrieved person") by-
(a) a determination of the Executive Director under section 18; or
(b) a determination of a training body or training provider under section 19,
may by notice in writing lodged with a committee ("review committee") created by the Board under Schedule 1 for
that purpose, and within such period as the review committee may determine, object to that determination. (Amended
102 of 1994 s. 16)
(2) An objection lodged with the review committee under subsection (1) shall be considered by that committee
as soon as practicable.
(3) On consideration of an objection lodged under this section the review committee may-
(a) in the case of a determination under section 18, recommend that the Executive Director; or
(b) in the case of a determination under section 19, recommend that the training body or training provider,
confirm, vary or reverse the determination or substitute therefor such other determination as the review committee
thinks fit. (Amended 102 of 1994 s. 16)
(4) The failure of the Executive Director, training body or training provider, as the case may be, to act upon any
recommendation of the review committee under subsection (3)(a) or (b) in respect of a determination under section 18
or 19, shall not of itself entitle the aggrieved person to object to the review committee under this section. (Amended
102 of 1994 s. 16)
Cap 423 - EMPLOYEES RETRAINING ORDINANCE 10
Part: VI MISCELLANEOUS 30/06/1997
Section: 25 Offences 30/06/1997
Any person who-
(a) lodges, produces, supplies or sends for the purposes of this Ordinance or otherwise makes use for those
purposes of any application, declaration or other document, or record, which to his knowledge is false
in a material particular; or
(b) in providing any information for the purposes of this Ordinance, including any inquiry under this
Ordinance, makes any statement which he knows to be false, or does not believe to be true, in a
material particular or recklessly makes a statement which is false in a material particular,
commits an offence and is liable to a fine of $20000.
Section: 26 Evidence by certificate 30/06/1997
A certificate purporting to be signed by the Chairman or any member authorized by the Board that any notice
served under this Ordinance has or has not been complied with or has or has not been complied with at any date shall
be sufficient evidence of that fact until the contrary is proved.
Section: 27 Chief Executive may give directions 56 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 56 of 2000 s. 3
(1) The Chief Executive may give to the Board such directions as he thinks fit in relation to the performance of
the Board's functions or the exercise of the Board's powers and the Board shall comply with those directions.
(2) Where in the opinion of the Chief Executive any assets of the Fund under section 6(3) are no longer
required by the Board for the purposes of the Fund, the Chief Executive may direct the Board to transfer such assets
from the Fund to the general revenue, and the Board shall comply with that direction.
(Amended 56 of 2000 s. 3)
Section: 28 Power of delegation 30/06/1997
(1) The Executive Director may, in writing, authorize any employee of the Board, a training body or training
provider to exercise any of his powers or perform any of his duties under this Ordinance. (Amended 102 of 1994 s.
17)
(2) The Director may, in writing, authorize any officer of the Immigration Department to exercise any of his
powers or perform any of his duties under this Ordinance.
(3) In this Ordinance but not in subsection (1) or (2) "Executive Director" or "Director", as the case may be,
includes any person authorized by the Executive Director or the Director, respectively, under this section. (Amended
102 of 1994 s. 17)
Section: 29 Service by post 30/06/1997
Any document required to be served under this Ordinance may be served by post.
Section: 30 Financial Secretary may charge fees 30/06/1997
(1) The Financial Secretary may charge fees for any service provided to the Board by the Government.
(2) Fees may be charged under subsection (1) in respect of any handling costs incurred by the Director in
receiving levies from employers under Part IV and remitting those levies to the Board under that Part.
Cap 423 - EMPLOYEES RETRAINING ORDINANCE 11
Section: 31 Amendment of Schedules 56 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 56 of 2000 s. 3
(1) The Chief Executive in Council may, by notice in the Gazette, amend Schedule 3. (Amended 56 of 2000 s.
3)
(2) The Board may, by notice in the Gazette, amend Schedules 1, 2 and 4.
Section: 32 Protection of members and employees of Board 30/06/1997
(1) No-
(a) member of the Board;
(b) member of any committee of the Board;
(c) employee of the Board;
(d) person exercising powers in association with the Board under section 5(2)(g),
acting in good faith shall be personally liable for any act done or default made by-
(i) the Board;
(ii) any committee of the Board; or
(iii) any such member, employee or person,
in the exercise and performance (or the purported exercise and performance) of the powers and functions conferred
and imposed on the Board under this Ordinance.
(2) The protection afforded under subsection (1) to any member, employee or other person in respect of any act
or default shall not affect any liability of the Board for that act or default.
Section: 33 Transitional L.N. 130 of 2007 01/07/2007
Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
(1) Where, immediately before the commencement of this Ordinance under section 1(2), there was in existence
a scheme relating to the importation of labour the terms of which included an obligation on the part of employers to
pay to the Director a levy in respect of employees granted visas by the Director under that scheme in accordance with
quotas allocated by the Secretary for Education and Manpower to those employers in respect of those employees, that
scheme shall, on and from that commencement, be deemed to be a labour importation scheme within the meaning of
section 2. (Amended L.N. 130 of 2007)
(2) (Repealed 5 of 1997 s. 7)
(3) The first financial year of the Board (which year may run for a period of more than 12 months) shall be
deemed to have commenced on 9 January 1992 and shall end on such date as the Board may determine.
Schedule: 1 PROVISIONS AS RESPECTS THE BOARD AND THE
MEMBERS THEREOF
23 of 2002 19/07/2002
[sections 3(4), 24 & 31]
Seal and status
1. The Board shall have a common seal.
2. The Board shall not be regarded as a servant or agent of the Government or as enjoying any status, immunity or
privilege of the Government.
(Amended 23 of 2002 s. 37)
Members
Cap 423 - EMPLOYEES RETRAINING ORDINANCE 12
3. (1) Subject to subsection (3), a member of the Board shall hold and vacate his office in accordance with the
terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.
(2) Any member appointed under section 3(2)(a) of this Ordinance may at any time-
(a) resign his office by notice in writing to the Chief Executive; or
(b) be removed from office by the Chief Executive for permanent incapacity or other sufficient cause,
and upon such resignation or removal the term for which he was appointed shall be deemed to have expired.
(3) Where any member appointed under section 3(2)(a) of this Ordinance is precluded by temporary incapacity
or other cause from exercising his functions as a member for any period, the Chief Executive may appoint another
person to act in place of that member during that period.
(4) Where any question arises under subsection (2)(b) or (3) as to whether any incapacity or cause exists or
whether any incapacity is temporary or permanent or any cause sufficient, the decision of the Chief Executive shall be
final.
(Amended 56 of 2000 s. 3)
4. If the Chief Executive is satisfied that a member of the Board appointed under section 3(2)(a) of this Ordinance-
(a) has failed to attend 3 consecutive meetings of the Board without the permission of the Board; or
(b) has become bankrupt or made an arrangement with his creditors; or
(c) is incapacitated by physical or mental illness; or
(d) is otherwise unable or unfit to discharge the functions of a member,
the Chief Executive may declare his office as a member of the Board to be vacant, and shall notify that fact in such
manner as the Chief Executive thinks fit and upon such declaration the office shall become vacant.
(Amended 56 of 2000 s. 3)
Meetings
5. The quorum of the Board shall, in the absence of a quorum decided by the Board, be 7 and, while a member is
disqualified from taking part in a decision or deliberation of the Board in respect of a matter, he shall be disregarded
for the purposes of constituting a quorum of the Board for deciding, or deliberating on, that matter.
6. (1) Subject to the foregoing provisions of this Schedule and to subsections (2) to (5), the Board shall have
power to regulate its own procedure including the manner in which decisions of the Board may be made by a quorum
of its members otherwise than at a meeting of the Board.
(2) Meetings of the Board shall be held at such times and places as the Chairman may appoint.
(3) The Chairman shall preside at any meeting of the Board.
(4) If the Chairman is absent from any meeting of the Board, the Vice-Chairman shall act as Chairman in his
place, and in the absence of the Vice-Chairman the members present at the meeting shall elect one of their number to
act as Chairman.
(5) The person presiding at any meeting of the Board shall have a deliberative vote on all matters coming before
the Board and in the case of an equality of votes he shall also have a casting vote.
Transaction of business
7. (1) The Board may transact any of its business by circulation of papers amongst members whether any such
member is in or outside Hong Kong, and a resolution in writing which is approved in writing by a majority of the
members shall be as valid and effectual as if it had been passed at a meeting of the Board.
(2) The date of a resolution referred to in subsection (1) shall be deemed to be the latest date on which the
resolution, or any written approval in relation to that resolution, was signed or endorsed by a member.
Committees
8. (1) The Board may create, and appoint the members of, such committees for the better carrying out of the
powers and functions of the Board as it thinks fit.
(2) Persons who are not members of the Board may be appointed as members of committees.
(3) The Chairman of a committee created under subsection (1) shall be appointed by the Board and the number
Cap 423 - EMPLOYEES RETRAINING ORDINANCE 13
of members of a committee shall be determined by the Board.
(4) Subject to the terms of any delegation by the Board or to any directions of the Board, a committee-
(a) may exercise and perform the delegated powers and functions with the same effect as if it were the
Board itself;
(b) shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to
the contrary; and
(c) may regulate its own procedure.
(5) The proceedings of any committee created under subsection (1) shall not be invalidated by any defect in the
appointment of any member thereof, the absence of any member from the meeting at which any such proceeding
occurred or any vacancy amongst such members.
9. (1) Subject to subsection (2), the Board may, with or without restrictions or conditions as it thinks fit, delegate
in writing any of its powers to any committee created under section 8(1).
(2) The Board shall not delegate the power-
(a) to create any committee;
(b) to determine matters relating to the remuneration and terms and conditions of appointment or
employment of the employees of the Board;
(c) to establish, manage and control, or enter into an arrangement for the establishment, management and
control of, any fund or scheme for the purpose of providing for the payment of allowances, benefits,
gratuities, pensions and remuneration to the employees of the Board; or
(d) to furnish after the expiry of the financial year, a report on the activities and affairs of the Board for
that year, a copy of its statement of accounts therefor and the auditor's report on the accounts.
Documents
10. Every document purporting to be an instrument made or issued by or on behalf of the Board and to be duly
executed under the seal of the Board or to be signed or executed by a person authorized by the Board to act in that
behalf, shall, in the absence of evidence to the contrary, be received in evidence and deemed, without further proof, to
be so made or issued.
Schedule: 2 Training Bodies L.N. 1 of 2016 08/01/2016
[sections 2 & 31]
Item Body
1. Vocational Training Council
2. (Repealed 12 of 2006 s. 84)
3. Clothing Industry Training Authority
4. HKCT Group Limited (Amended L.N. 59 of 2011)
5. Caritas-Hong Kong
6. Hong Kong Young Women's Christian Association
7. Hong Kong Federation of Trade Unions, The
8. (Repealed L.N. 142 of 2014)
9. Hong Kong Confederation of Trade Unions, The
10. (Repealed L.N. 271 of 2003)
11. Hong Kong Sheng Kung Hui Lady MacLehose Centre (Amended L.N. 71 of 2006)
12. Association for Engineering and Medical Volunteer Services
13. The Hong Kong Society for Rehabilitation
14. (Repealed L.N. 142 of 2014)
15. Hong Kong Workers' Health Centre Limited
16. New Life Psychiatric Rehabilitation Association
17. Yang Memorial Methodist Social Service
18. Yan Oi Tong Limited
19. Baptist Oi Kwan Social Service (Amended L.N. 76 of 2010)
Cap 423 - EMPLOYEES RETRAINING ORDINANCE 14
20. Hong Kong and Kowloon Electrical Engineering and Appliances Trade Workers Union
21. (Repealed L.N. 214 of 2001)
22-23. (Repealed L.N. 271 of 2003)
24. (Repealed L.N. 99 of 2001)
25. Hong Kong Federation of Women Limited (Amended L.N. 149 of 2002)
26. The Industrial Evangelistic Fellowship Limited
27. Methodist Centre
28. (Repealed L.N. 142 of 2014)
29. Christian Action
30. (Repealed L.N. 173 of 2010)
31. Heung To College of Professional Studies
32. (Repealed L.N. 271 of 2003)
33. (Repealed L.N. 99 of 2001)
34. (Repealed L.N. 214 of 2001)
35. The Scout Association of Hong Kong-The Friends of Scouting
36. S.K.H. Holy Carpenter Church Community Centre (Amended L.N. 271 of 2003)
37. St. James' Settlement
38. Kwai Chung Hospital-Hospital Authority
39. Queen Elizabeth Hospital-Hospital Authority
40. Hong Kong Rehabilitation Power (Amended L.N. 214 of 2001)
41. (Repealed L.N. 173 of 2010)
42. (Repealed L.N. 99 of 2001)
43. Hong Kong Travel & Tourism Training Centre Limited
44. (Repealed L.N. 99 of 2001)
45. KCRA Community Education Enhancement Center Limited (Amended L.N. 76 of 2010)
46. Princess Margaret Hospital
47. (Repealed L.N. 99 of 2001)
48. (Repealed L.N. 49 of 2012)
49. Hong Kong Red Cross
50. Hong Kong Federation of Women's Centres (Amended L.N. 173 of 2010)
51. The Federation of Hong Kong and Kowloon Labour Unions
52. Neighbourhood & Worker's Service Centre
53. The Young Men's Christian Association of Hong Kong
54-55. (Repealed L.N. 71 of 2006)
56. (Repealed L.N. 142 of 2014)
57. Hong Kong St. John Ambulance
58. Hong Kong Association for Democracy and People's Livelihood
59. (Repealed L.N. 142 of 2014)
60. (Repealed L.N. 99 of 2001)
61. The Evangelical Lutheran Church of Hongkong
62. (Repealed L.N. 76 of 2010)
63. (Repealed L.N. 71 of 2008)
64. Hong Kong Association of Gerontology (Added L.N. 214 of 2001)
65. Hong Kong Employment Development Service Limited (Added L.N. 67 of 2003)
66. New Territories Association Retraining Centre Limited (Added L.N. 67 of 2003)
67. College of Nursing, Hong Kong (Added L.N. 86 of 2003)
68. (Repealed L.N. 142 of 2014)
69. Hong Kong Federation of Handicapped Youth (Added L.N. 67 of 2004)
70. The Society of Rehabilitation and Crime Prevention, Hong Kong (Added L.N. 67 of 2004)
71. The Mental Health Association of Hong Kong (Added L.N. 71 of 2006)
72. (Repealed L.N. 142 of 2014)
73. The Neighbourhood Advice-Action Council (Added L.N. 216 of 2007)
74. Lingnan Institute of Further Education (Added L.N. 71 of 2008)
75. (Repealed L.N. 173 of 2010)
76. School of Continuing and Professional Education, City University of Hong Kong (Added L.N. 71 of 2008)
Cap 423 - EMPLOYEES RETRAINING ORDINANCE 15
77. Li Ka Shing Institute of Professional and Continuing Education, The Open University of Hong Kong (Added
L.N. 71 of 2008)
78. School of Continuing and Professional Studies, The Chinese University of Hong Kong (Added L.N. 71 of
2008)
79. (Repealed L.N. 142 of 2014)
80. Hong Kong Institute of Technology (Added L.N. 71 of 2008)
81. (Repealed L.N. 173 of 2010)
82. The Hong Kong Federation of Youth Groups (Added L.N. 71 of 2008)
83. OIWA Limited (Replaced L.N. 69 of 2013)
84. Vassar International Chinese Medical Society Limited (Added L.N. 224 of 2008)
85. Institute for Entrepreneurship, The Hong Kong Polytechnic University (Replaced L.N. 142 of 2014)
86. Farida Hair & Beauty Education Centre (Added L.N. 224 of 2008)
87. (Repealed L.N. 60 of 2009)
88. Aberdeen Kai-fong Welfare Association Limited (Added L.N. 279 of 2008)
89. Asia-Pacific Institute of Ageing Studies, Lingnan University (Added L.N. 60 of 2009)
90. Monita Hair & Beauty Academy (Added L.N. 221 of 2009)
91. Hospital & Clinic Nurses Association (Added L.N. 221 of 2009)
92 (Repealed L.N. 142 of 2014)
93. Occupational Safety and Health Council (Added L.N. 221 of 2009)
94. Pivot Point College…Hong Kong (Added L.N. 75 of 2010)
95. Leo Hair & Beauty Training Centre (Added L.N. 75 of 2010)
96. (Repealed L.N. 49 of 2012)
97. (Repealed L.N. 142 of 2014)
98. (Repealed L.N. 49 of 2012)
99. (Repealed L.N. 142 of 2014)
100. Electronic Communication Technical Staff Union (Added L.N. 75 of 2010)
101. Fire and Security Engineering Employees Association (Added L.N. 75 of 2010)
102. Union of Hong Kong Electrical and Mechanical Engineering Assistants (Added L.N. 75 of 2010)
103. Hong Kong Electrical & Mechanical College (Evening School) (Added L.N. 75 of 2010)
104. The Federation of Hong Kong Electrical & Mechanical Industries Trade Unions (Added L.N. 75 of 2010)
105. Hong Kong Air-conditioning and Refrigerating Trades Workers General Union (Added L.N. 75 of 2010)
106. (Repealed L.N. 142 of 2014)
107. (Repealed L.N. 49 of 2012)
108. YMCA College of Careers (Added L.N. 99 of 2010)
109-112. (Repealed L.N. 69 of 2013)
113. Travel Industry Council of Hong Kong (Added L.N. 99 of 2010)
114. Pui Ching Academy (Added L.N. 173 of 2010)
115. (Repealed L.N. 142 of 2014)
116. Royal International College (Added L.N. 173 of 2010)
117. Knowledge Education Centre (Added L.N. 173 of 2010)
118. Hongkong School of Commerce (Added L.N. 173 of 2010)
119. (Repealed L.N. 142 of 2014)
120-122. (Repealed L.N. 69 of 2013)
123. The Hong Kong Marble & Granite Merchants Association, Limited (Added L.N. 173 of 2010)
124. (Repealed L.N. 142 of 2014)
125. (Repealed L.N. 69 of 2013)
126. (Repealed L.N. 1 of 2016)
127. (Repealed L.N. 69 of 2013)
128. Hong Kong Association of Registered Tour Co-ordinators Limited (Added L.N. 173 of 2010)
129. Hong Kong Tour Guides General Union (Added L.N. 173 of 2010)
130. (Repealed L.N. 1 of 2016)
131. (Repealed L.N. 142 of 2014)
132. Xianggang Putonghua Yanxishe (Added L.N. 173 of 2010)
133. (Repealed L.N. 69 of 2013)
134. (Repealed L.N. 1 of 2016)
Cap 423 - EMPLOYEES RETRAINING ORDINANCE 16
135. (Repealed L.N. 110 of 2011)
136. Li Fai Centre of Wushu (Added L.N. 173 of 2010)
137. (Repealed L.N. 1 of 2016)
138. Hong Kong Ballroom Dancing Council Limited (Added L.N. 173 of 2010)
139. Hong Kong and Kowloon Gold Ornaments and Jewellery Trade Workers' Union (Added L.N. 173 of 2010)
140-142. (Repealed L.N. 69 of 2013)
143. Advanced Printing Technology Centre Limited (Added L.N. 173 of 2010)
144. (Repealed L.N. 69 of 2013)
145. The Hong Kong School of Motoring Limited (Added L.N. 173 of 2010)
146. (Repealed L.N. 69 of 2013)
147. (Repealed L.N. 142 of 2014)
148. Hong Kong Storehouses, Transportation & Logistics Staff Association (Added L.N. 173 of 2010)
149. Logistics Cargo Supervisors Association (Added L.N. 173 of 2010)
150. Kwan Sang Catering Professional Employees Association (Added L.N. 59 of 2011)
151. (Repealed L.N. 1 of 2016)
152. Fu Hong Society Training Department (Added L.N. 49 of 2012)
153. New Home Association Limited (Added L.N. 49 of 2012)
154. Hong Kong Manpower Development Centre Limited (Added L.N. 69 of 2013)
155. Silence Limited (Added L.N. 69 of 2013)
156. The Association of Electrical and Mechanical Engineering(Hong Kong) Limited (Added L.N. 69 of 2013)
157. Hong Kong Sheng Kung Hui Welfare Council Limited (Added L.N. 142 of 2014)
158. Institute of Active Ageing, The Hong Kong Polytechnic University (Added L.N. 142 of 2014)
159. Star Chef Management School operated by Star Chef Management School Company Limited (Added L.N.
142 of 2014)
160. Haven of Hope Christian Service (Added L.N. 142 of 2014)
161. The Free Methodist Church of Hong Kong (Added L.N. 1 of 2016)
(Schedule 2 replaced L.N. 269 of 1999)
(Format changes—E.R. 2 of 2012)
Schedule: 3 Amount of Levy Specified for the Purposes of Section 14(2) L.N. 244 of 2008 01/08/2013
[sections 14 & 31]
$400
(Amended L.N. 208 of 2008; L.N. 244 of 2008)
(Format changes—E.R. 2 of 2012)
Schedule: 4 Maximum Amount of Retraining Allowance Specified for
the Purposes of Section 21(4)
E.R. 2 of 2012 02/08/2012
[sections 21 & 31]
$4000
(Amended L.N. 139 of 1993; L.N. 236 of 1994; L.N. 312 of 1995)
(Format changes—E.R. 2 of 2012)
