Employment Agency Regulations
[1 January 1974]
(Format changes—E.R. 2 of 2018)
These regulations may be cited as the Employment Agency Regulations.
An application for the issue or renewal of a licence under section 52 of the Ordinance shall—
be in writing in such form as the Commissioner may determine;
specify—
(Repealed L.N. 159 of 1992)
the place, or intended place, of business of the employment agency;
such other particulars of the applicant and the employment agency as the Commissioner may require to be furnished to him; and
be submitted to the Commissioner at such place and during such business hours as the Commissioner may determine.
An application for the issue of a licence shall be submitted to the Commissioner, together with two recent identical photographs of the applicant, not later than one month before the applicant intends to commence business.
An application for the renewal of a licence shall be submitted to the Commissioner not later than two months before the expiration thereof.
The fees specified in the Fifth Schedule shall be payable in respect of a licence issued or renewed under section 52 of the Ordinance. (L.N. 379 of 1992)
No refund of a fee paid under paragraph (1) shall be made by the Government if the licence in respect of which it is paid is revoked by the Commissioner. (L.N. 379 of 1992)
(Repealed L.N. 159 of 1992)
(Repealed L.N. 159 of 1992)
No person other than the licensee shall use or make use of, directly or indirectly, a licence.
A licensee shall not lend, transfer or assign his licence to another person.
A company to which a licence is issued shall notify the Commissioner in writing of the name of an individual who is— (8 of 2018 s. 9)
an associate (as defined by section 50(1) of the Ordinance) of the company; and
appointed by the company to operate, manage or assist in the management of the employment agency in respect of which the licence is issued. (8 of 2018 s. 9)
A company to which a licence is issued shall, within 14 days after any change in the management of its employment agency, notify the Commissioner in writing full particulars of the change. (E.R. 2 of 2018)
When an employment agency ceases to operate as a business the licensee shall, within 7 days— (E.R. 2 of 2018)
notify the Commissioner in writing that the employment agency has ceased to operate as a business; and
deliver his licence to the Commissioner.
On receipt of a notification and licence under paragraph (1) the Commissioner shall cancel the licence.
If a licensee wishes to change the place of business of his employment agency he shall, not less than 14 days before the change— (E.R. 2 of 2018)
notify the Commissioner in writing full particulars of the change; and
submit his licence to the Commissioner.
On receipt of a notification and licence under paragraph (1) the Commissioner shall—
endorse the change of address of the employment agency on the licence; and
return the licence to the licensee.
(Repealed L.N. 159 of 1992)
The maximum commission which may be charged and received by an employment agency in connexion with the employment of any person shall be that set out in Part II of the Second Schedule. (8 of 2018 s. 10)
A licensee shall cause Part II of the Second Schedule, written both in English and in Chinese characters, to be displayed at all times in a conspicuous position at the place of business of his employment agency. (L.N. 159 of 1992)
(Repealed L.N. 159 of 1992)
(Repealed L.N. 159 of 1992)
An application for the exemption of an employment agency from the provisions of Part XII of the Ordinance shall—
be in writing in such form as the Commissioner may determine;
specify—
the place, or intended place, of business of the employment agency; and
such other particulars of the applicant and the employment agency as the Commissioner may require to be furnished to him; and
be submitted to the Commissioner at such place and during such business hours as the Commissioner may determine.
(Repealed L.N. 159 of 1992)
Regulations 6, 7, 8 and 9 shall apply in the case of a person to whom the Commissioner grants exemption under section 54 of the Ordinance as if any reference in these regulations— (L.N. 159 of 1992)
to a licence were to a certificate of exemption;
to a licensee were to a holder of certificate of exemption; and
to a licensed employment agency were to an employment agency exempted under section 54 of the Ordinance.
The Commissioner shall at least once a year publish in the Gazette—
the name of each person to whom a licence or a certificate of exemption has been issued;
particulars of all licences which the Commissioner has revoked or has refused to renew; and
such other particulars as the Commissioner may determine.
Any licensee who contravenes regulation 10(3) shall be guilty of an offence and shall be liable on conviction to a fine at level 3. (L.N. 159 of 1992)
Any person who contravenes regulation 6(1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine at level 3.
Any licensee who contravenes regulation 7(1) or (2), 8(1) or 9(1) shall be guilty of an offence and shall be liable on conviction to a fine at level 3.
(Repealed L.N. 159 of 1992)
(Repealed L.N. 159 of 1992)
The maximum commission which may be received by an employment agency shall be—
from each person applying to the employment agency for employment, work or contract or hire of his services, an amount not exceeding a sum equal to ten per cent of the first month’s wages received by such person after he has been placed in employment by the employment agency.
(Repealed L.N. 159 of 1992)
(Repealed L.N. 159 of 1992)
(Repealed L.N. 159 of 1992)
| Item | Particulars | Fee$ |
| 1. | For the issue of a licence | 2,000 |
| 2. | For the renewal of a licence | 2,000 |
| 3. | For the issue of a duplicate licence | 385 |
(L.N. 379 of 1992; L.N. 439 of 1993; L.N. 542 of 1994; L.N. 509 of 1996; L.N. 576 of 1997)