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Ms Ng Chau-lan, director of Firstwide Holdings Limited trading as Fook Chun Seafood Restaurant, was sentenced to 160 hours of community service for committing wage offences under the Employment Ordinance at the Kwun Tong Magistrates' Courts today (January 7). Ng was also ordered to clear the outstanding wages via the court. The prosecution was launched by the Labour Department.
A spokesman for the Labour Department welcomed the judgement, adding that it would send a strong message to company directors that they had a personal responsibility to ensure that wages were paid to employees in accordance with the Employment Ordinance.
The restaurant ceased operation suddenly in May 2007. The nine employees involved in this case were owed wages for the last month of employment of over $55,000. The employees lodged claims with the Labour Tribunal. The employer was absent at the hearing. The tribunal awarded in the employees' favour. The employer failed to comply with the award and make payment.
The Labour Department investigated the case and evidence showed that the wage offences were committed with the director, Ms Ng Chau-lan's consent, connivance or neglect. The Labour Department launched a prosecution against her.
Section 64B of the Employment Ordinance stipulates that where any wage payment offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, the director, manager, secretary or other similar officer shall be guilty of a like offence. Offenders are liable to prosecution and, upon conviction, to a maximum penalty of a fine of $350,000 and imprisonment for three years.
In addition, according to Section 25 of the Employment Ordinance, wages due upon termination of employment shall be paid as soon as practicable, but not later than seven days after termination. Any employer who fails to comply wilfully and without reasonable excuse commits an offence.
"The Labour Department does not tolerate wage offences and spares no effort in prosecuting directors and employers who defy the law," the spokesman said.
Employees who are owed wages should call the Labour Department's complaint hotline, 2815 2200, immediately.
Ends/Monday, January 7, 2008
Issued at HKT 18:27
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