Committee

Mr Speaker: Committee stage, what day?

Mr Lim Yew Hock: Now, Sir.

Bill considered in Committee.

[Mr SPEAKER in the Chair]

3.56 p.m.

Clause 2-

The Chairman: The first is clause 2. Will the Hon. the Minister move his amendment?

Mr Lim Yew Hock: Sir, may I speak on it now?

The Chairman: Yes, take both amendments together unless of course any Member has any other amendment intervening.

Mr Lim Yew Hock: Mr Chairman, Sir, I beg to move,

In page 3, line 16, after "shop" to insert "or theatre" and in page 3, line 18, after "shop" to insert "or theatre".

Sir, owing to an oversight, the definition of "employer" was related only to shops and not to theatres. It is obviously necessary to relate it also to theatres in order that employers of ushers, ticket collectors, etc, will be bound by the provisions of this Bill. Members will have noted that the definition of "shop assistants" already includes ushers, ticket collectors, etc. in theatres. Sir, I beg to move.

Amendments agreed to.

Clause 2, as amended, ordered to stand part of the Bill.

Clause 6-

Mr Butterfield: Mr Chairman, Sir, I have to move,

In page 6, lines 1 to 5, to leave out all words after "6." to the end and insert-

"Subject to the provisions of section 7 of this Ordinance, all contracts of service valid and in force on the date on which this Ordinance comes into force shall continue to be in force after such date and the parties thereto shall be subject to and entitled to the benefits of the provisions of this Ordinance."

I do not wish to add anything to what has already been said in relation to clause 6 of the Clerks Employment Bill which has just been dealt with; the reasons for this amendment are identical with those given for that one.

Amendment agreed to.

Clause 6, as amended, ordered to stand part of the Bill.

4.00 p.m.

Clause 7-

Mr Butterfield: Mr Chairman, I beg to move,

In page 6, lines 7 to 11, to leave out all words after "7." to the end and insert-

"Every term of a contract of service whether made before or after the date on which this Ordinance comes into force which provides a condition of service which is less favourable to an employee than any of the conditions of service prescribed by this Ordinance shall be illegal, null and void to the extent that it is so less favourable."

Here again, Sir, the reasons for this amendment are identical with those which were discussed when clause 7 of the Clerks Employment Bill was being debated. Sir, I beg to move.

Amendment agreed to.

Clause 7, as amended, ordered to stand part of the Bill.

Clause 14-

Mr Butterfield: Mr Chairman, Sir, I have to move,

In page 7, line 33, after "misconduct", to insert "inconsistent with the fulfilment of the express or implied conditions of his service".

Here again, Sir, the reasons for this, amendment have already been discussed in Committee on the Clerks Employment Bill, when clause 14 of that Bill was considered.

Amendment agreed to.

Clause 14, as amended, ordered to stand part of the Bill.

Clause 28-

Mr Lim Yew Hock: Mr Chairman, Sir, I beg to move,

In page 10, line 28, after "of", to insert "subsection (1) of".

Sir, this is a formal amendment for improved drafting.

Amendment agreed to.

Clause 28, as amended, ordered to stand part of the Bill.

Clause 29-

Mr Lim Yew Hock: Mr Chairman, Sir, I beg to move,

In page 11, line 5, after "of", to insert "subsection (1) of".

This is a formal amendment, Sir.

Amendment agreed to.

Clause 29, as amended, ordered to stand part of the Bill.

Clause 30-

Mr Lim Yew Hock: Mr Chairman, Sir, I beg to move,

In page 11, line 16, after "of", to insert "subsection (1) of".

This is another formal amendment.

Amendment agreed to.

Clause 30, as amended, ordered to stand part of the Bill.

Clause 34-

Mr Lim Yew Hock: Mr Chairman, Sir, I rise to move,

In page 12, lines 2 to 4, to leave out "which shall be the day on which the shop is required to remain closed in pursuance of the provisions of section 35 of this Ordinance".

Sir, the clause, as worded, is too inflexible. It says that "rest day" shall be the day on which the shop is required to close. As theatres and shops in the Schedule are not required to close, it is obviously impossible for shop assistants in such shops and theatres to have their rest day on a closing day. The clause as re-worded will enable this anomaly to be avoided and make the provision much more flexible.

Amendment agreed to.

Clause 34, as amended, ordered to stand part of the Bill.

Clause 42-

Mr Butterfield: Mr Chairman, Sir, I have to move,

In page 15, line 29, after "employer", to insert "or in default of such appointment by any duly registered medical practitioner".

Sir, this follows the amendment which was made to clause 38 of the Clerks Employment Bill and I have nothing to add to what I said on that occasion.

Amendment agreed to.

Clause 42, as amended, ordered to stand part of the Bill.

Clause 50-

The Chairman: The two amendments are complementary. We will deal with them as we have in the past - take the second amendment first, unless any Member has an amendment to move to the clause itself.

Mr Lim Yew Hock: Mr Chairman, Sir, I beg to move,

In page 17, after line 32, to add a new sub-clause numbered (2) as follows: -

"(2) No answer which a person shall be legally bound to give under the provisions of paragraph (a) of the preceding subsection shall be proved against him in any criminal proceeding, except on a prosecution for giving false evidence by such answer."

Sir, I have already explained the reason for this amendment when moving a similar amendment to a similar clause in the Clerks Employment Bill.

Amendment agreed to.

The Chairman: Amendment (i) -

[In page 17, line 14, after "50.", to insert "-(1) "]-

will be made as a matter of course.

Clause 50, as amended, ordered to stand part of the Bill.

Mr Lim Yew Hock: Sir, I move,

That the Bill, as amended on recommittal, be reported to the Assembly.

Question put, and agreed to.

Bill reported, with Amendments.

4.10 p.m.

Third Reading

Mr Speaker: Third Reading, what day?

Mr Lim Yew Hock: Now, Sir. Sir, I beg to move, "That the Bill, as amended, be now read the Third time."

Mr Chew Swee Kee: I second it.

Question put, and agreed to.

Bill, as amended, accordingly read the Third time.

4.11 p.m.