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Two employees of a restaurant charged with making a false statutory declaration were sentenced to two months' jail, suspended for 12 months, and fined $2,500 each today (May 6) at the Eastern Magistrates' Courts.
The restaurant ceased operation without prior notice in May 2011, leaving wages and other termination payments to its employees unpaid. The employees subsequently applied for ex gratia payment from the Protection of Wages on Insolvency Fund (PWIF). During the verification of the PWIF applications, the Labour Department (LD) discovered that three of them had already received part of the wages owed and might be involved in defrauding the PWIF. The department then referred the case to the Police for investigation. Subsequently, the Police took out prosecution against the three for making a false statutory declaration pursuant to the Crimes Ordinance. Two defendants were convicted and the charge against the remaining employee was withdrawn.
The LD spokesperson said, "We endeavour to combat PWIF abuses. During our verification of PWIF applications, if any employer, employee or other person is suspected to be involved in abuses or fraud involving PWIF, or other suspected crimes or offences, we will refer the case to the Police or other appropriate law enforcement departments for action."
According to the Crimes Ordinance, the maximum penalty for making a false statutory declaration is two years' imprisonment and a fine.
Ends/Monday, May 6, 2013
Issued at HKT 16:01
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