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In response to media enquiries about the hearing on the suspected offences of Asia Television Limited (ATV) and its director under Employment Ordinance, a spokesman for the Labour Department (LD) today (January 30) gave the following reply:
"Regarding the suspected offences of late payment of wages under the Employment Ordinance committed by ATV, LD, as a law enforcement agency, has conducted prompt follow-up actions and investigation. We have laid two batches of summonses, totalling 76, against ATV and the concerned director on December 31, 2014 and January 27, 2015.
"As regards ATV's default on payment of employees' wages for November 2014, LD has, in accordance with established procedures, sought to apply for issuing of summonses against ATV and the director concerned on January 27 through the computer system of the Judiciary. We also issued on the same day 'Letters of Intent to Prosecute' to inform them of our decision to take prosecution actions against them and to request them to attend the hearing according to the instruction on the summonses which will be issued to them directly by the court.
"Under the Magistrates Ordinance, summonses of cases heard at Magistrates' Courts are served to defendants by the court. We must point out that LD is not responsible for delivering such summonses. In addition, it is the court's decision with regard to the time set for the hearings, and when and how the cases are tried. The Government must respect the arrangement of the court and LD does not have the right to interfere neither.
"As regards the defence's request to apply for adjournment of the case for the 76 summonses in two batches to be heard in the same court session, the prosecution has clearly indicated the Government's readiness for the hearing immediately. The defence's application was subsequently approved by the court and LD will obey the court's instruction. As legal proceedings are in progress, it is not appropriate for LD to make any comments with regard to individual cases.
"We would like to emphasise that LD's investigation and prosecution teams have all along been making dedicated efforts in taking vigilant enforcement actions and will not tolerate any wage default by employers.On ATV's suspected offences of late payment of wages under the Employment Ordinance, LD started investigation promptly when we learnt about the non-payment of September wages in early October 2014. LD's enforcement staff visited the work premises of ATV employees seven times during the course of investigation before prosecution action was taken, during which we took surveillance actions, interviewed both the management and the employees, took evidence and inspected wage payment and employment records. We have also closely monitored the situation and taken proactive follow up actions regarding ATV's payment of wages.
"Thereafter, LD staff took surveillance and evidence collecting actions for 12 times with regard to ATV's late payment of wages for the months of November and December with a view to taking prosecution actions against ATV and the responsible person. We consider it unacceptable for ATV to have been breaching the provisions under the Employment Ordinance continuously in a blatant manner, defaulting on payment of employees' wages and failing to pay employees wages due.
"LD reiterates that our staff will take enforcement actions stringently. As regards the suspected offences committed by ATV for its default on payment of employees' wages for December 2014, our investigation is largely complete. We will continue to work closely with the Department of Justice and initiate further prosecution actions against ATV and/or its director(s) after obtaining legal advice from the Department of Justice.
"In addition, LD has spared no efforts within our purview to provide necessary assistance to affected employees. These include arranging for staff representatives to meet with ATV's management and its new manager appointed by the High Court to facilitate direct exchange between the two sides. We have also assisted individual employees to file claims with the Labour Tribunal at their wish to seek payment of their wages and other compensations. We will continue to urge ATV's management to resolve the overdue wages owed to their staff promptly and at source."
Ends/Friday, January 30, 2015
Issued at HKT 22:43
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