person at an establishment in Hong Kong, where the purpose of that employment is to provide the person with training in skills which the person appears to the employer to intend to exercise wholly outside Hong Kong.
13. Exception for employment of person with special skills, knowledge or experience
(1) Nothing in section 10 renders unlawful any act done by an employer for the benefit of any person in or in connection with employing the person at an establishment in Hong Kong, where—
- (a) the employment requires special skills, knowledge or experience not readily available in Hong Kong;
- (b) the person—
- (i) possesses those skills, knowledge or experience; and
- (ii) is recruited or transferred from a place outside Hong Kong; and
- (c) the act is reasonably done for a person so recruited or transferred, having regard to—
- (i) the prevailing terms of employment offered to persons with those skills, knowledge or experience in places outside Hong Kong; and
- (ii) any other relevant circumstances (other than the race of the person).
(2) Where in an employment of a person to which subsection (1) or this subsection applies—
- (a) the employment terminates and is immediately followed by renewal or re-engagement (whether or not on the same terms);
- (b) the person is promoted; or
- (c) the person is transferred within the same group of companies,
nothing in section 10 renders unlawful any act done, by the employer or the employer upon transfer (as the case may be), for the benefit of the person in or in connection with the renewal, re-engagement, promotion or transfer, or in or in connection with the employment pursuant to it, so long as the act is reasonably done for the person having regard to the matters referred to in subsection (1)(c).
(3) In this section—
- (a) “group of companies” (公司集團) means a group of companies within the meaning of the Companies Ordinance (Cap. 32);
- (b) an employee is transferred within the same group of companies if the termination of the employment of the employee by one employer is immediately followed by the employment of the employee by another employer, both employers being at that time within the same group of companies; and a reference to
