Clause 5

Every employer to whom an order made under subsection (1) of section 4 of this Ordinance applies, who desires to employ an employee or employees specified in such order shall apply to the Director, in such form as the Director may require, for the nomination from the Register of a suitable person or persons for employment by him.

On receipt of the application from the employer as aforesaid, the Director shall nominate a suitable person or persons from among the persons whose names appear in the Register, and shall send him or them to the employer for employment. If any person so nominated is employed by the employer, the employer shall notify the Director in writing accordingly.

If, of the persons nominated by the Director, none is acceptable to the employer or if the Director informs the employer that he is unable to make any nomination, the employer may, after obtaining the written consent of the Director, be free to employ any other person to fill the vacancy in question.

If the Director refuses to give his consent to the employment of any other person in the circumstances set out in subsection (3) of this section, he shall notify the employer in writing of such refusal and his reasons therefor, and if the employer is dissatisfied with such refusal he may, within seven days of such refusal, appeal to the Appeals Board appointed under subsection (5) of this section.

For the purposes of hearing appeals under this section, the Minister shall appoint an Appeals Board consisting of such number of persons as he may think fit.

The decision of the Appeals Board on every appeal under this section shall be final and binding and shall not be called in question in any court.