7. Paragraphs 12 to 15 of the principal Order are deleted and the following paragraphs substituted therefor:“Levy payable by employer where percentage of foreign manufacturing workers does not exceed 40% |
12. Subject to paragraph 15, where at any time on or after 1st July 2005, the number of an employer’s foreign manufacturing workers expressed as a percentage of his total number of workers does not exceed the threshold percentage for those foreign manufacturing workers, the levy payable in respect of each foreign manufacturing worker shall be —(a) | at the rate of $240 for every calendar month; and | (b) | where the foreign manufacturing worker is employed for part of a month, at the rate of $8 for every day during which the foreign manufacturing worker is employed in that month, subject to a maximum of $240 in the aggregate. |
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Levy payable by employer where percentage of foreign manufacturing workers exceeds 40% but does not exceed 50% |
13. Subject to paragraphs 15A and 15B, where at any time on or after 1st July 2005, the number of an employer’s foreign manufacturing workers expressed as a percentage of his total number of workers exceeds the threshold percentage for those workers but does not exceed 50% —(a) | the levy payable in respect of each foreign manufacturing worker not exceeding the threshold percentage shall be at the rate specified in paragraph 12; and | (b) | the levy payable in respect of each foreign manufacturing worker exceeding the threshold percentage shall be —(i) | at the rate of $310 for every calendar month; and | (ii) | where the foreign manufacturing worker is employed for part of a month, at the rate of $11 for every day during which the foreign manufacturing worker is employed in that month, subject to a maximum of $310 in the aggregate. |
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Levy payable by employer where percentage of foreign manufacturing workers exceeds 50% |
14.—(1) Subject to paragraph 15B, where at any time on or after 1st July 2005, the number of an employer’s foreign manufacturing workers expressed as a percentage of his total number of workers exceeds 50% —(a) | the levy payable in respect of each foreign manufacturing worker not exceeding the threshold percentage shall be at the rate specified in paragraph 12; | (b) | the levy payable in respect of each foreign manufacturing worker exceeding the threshold percentage but not exceeding 50% of the employer’s total number of workers shall be at the rate specified in paragraph 13; and | (c) | unless the Controller otherwise allows under sub-paragraph (2), the levy payable in respect of each foreign manufacturing worker exceeding 50% of the employer’s total number of workers shall be —(i) | at the rate of $500 for every calendar month; and | (ii) | where the foreign manufacturing worker is employed for part of a month, at the rate of $17 for every day during which the foreign manufacturing worker is employed in that month, subject to a maximum of $500 in the aggregate. |
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(2) The Controller may, in his discretion, allow an employer to pay the levy at the rate specified in paragraph 12 or 13(b) regardless of the number of the employer’s foreign manufacturing workers when expressed as a percentage of his total number of workers. |
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Where percentage of foreign manufacturing workers is reduced to 40% or below |
15.—(1) The levy payable by an employer under paragraph 13(b) in respect of any of his foreign manufacturing worker shall continue unchanged in respect of that foreign manufacturing worker even though the number of his foreign manufacturing workers expressed as a percentage of his total number of workers subsequently falls below or is reduced to the threshold percentage for those foreign manufacturing workers, unless the Controller —(a) | renews the work permit of that foreign manufacturing worker; or | (b) | approves an application by the employer to pay the levy at the rate specified in paragraph 12 or 26 in respect of that foreign manufacturing worker. |
(2) Any change in the rate of levy permitted under sub-paragraph (1)(a) or (b) shall only take effect from the first day of the month following the month in which the work permit is renewed or the application to the Controller is approved, whichever first occurs. |
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Where percentage of foreign manufacturing workers is reduced to 50% or below |
15A.—(1) The levy payable by an employer under paragraph 14(1)(c) in respect of any of his foreign manufacturing worker shall continue unchanged in respect of that foreign manufacturing worker even though the number of his foreign manufacturing workers expressed as a percentage of his total number of workers subsequently falls below or is reduced to 50% of his total number of workers, unless the Controller —(a) | renews the work permit of that foreign manufacturing worker; or | (b) | approves an application by the employer to pay the levy at the rate specified in paragraph 12, 13(b) or 26 in respect of that foreign manufacturing worker. |
(2) Any change in the rate of levy permitted under sub-paragraph (1)(a) or (b) shall only take effect from the first day of the month following the month in which the work permit is renewed or the application to the Controller is approved, whichever first occurs. |
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Where percentage of foreign manufacturing workers exceeds 40% or 50% due to reduction in number of local workers |
15B.—(1) The levy payable by an employer under paragraph 12 or 13(b) in respect of any foreign manufacturing worker of his shall continue unchanged in respect of that foreign manufacturing worker even though the number of his foreign manufacturing workers expressed as a percentage of his total number of workers exceeds the threshold percentage or, as the case may be, 50% of his total number of workers because of a subsequent reduction in the number of his local workers, unless the Controller —(a) | renews the work permit of that foreign manufacturing worker; or | (b) | approves an application by the employer to pay the levy at the rate specified in paragraph 12, 13(b) or 26, as the case may be, in respect of that foreign manufacturing worker. |
(2) Any change in the rate of levy permitted under sub-paragraph (1)(a) or (b) shall only take effect from the first day of the month following the month in which the work permit is renewed or the application to the Controller is approved, whichever first occurs.”. |
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