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The director of Armed Forces Security (HK) Limited and Great Wall Security Consultants Limited was today (December 24) fined $30,000 at the Tsuen Wan Magistrates' Courts for wage offences under the Employment Ordinance. The prosecution was launched by the Labour Department.
The companies failed to pay wages to three employees within seven days after the due date of wage period and termination of employment as required by the ordinance. The director of the two companies was convicted for his consent, connivance or neglect in the wage offences.
According to Sections 23 and 25 of the Employment Ordinance, wages due upon expiry of wage periods and termination of employment shall be paid as soon as practicable, but not later than seven days. Any employer who fails to do so wilfully and without reasonable excuse is liable to a maximum fine of $350,000 and imprisonment for three years.
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. At present, the maximum penalty has been raised to a fine of $350,000 and imprisonment for three years upon conviction.
Company directors had a personal responsibility to ensure that wages were paid to employees in accordance with the Employment Ordinance, a spokesman for the Labour Department said.
The Labour Department will not tolerate wage offences and will spare no effort in bringing to justice directors and employers who defy the law.
Ends/Thursday, December 24, 2009
Issued at HKT 17:59
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