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Director of AMJ Transportation Limited Mr Lam Kin-lan was sentenced at Kwun Tong Magistrates' Courts today (June 7) to four weeks' jail, suspended for 18 months for committing wage offences under the Employment Ordinance. The prosecution was taken out by the Labour Department.
A spokesman for the Labour Department welcomed the judgment, 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.
"This is the third case this year in which a custodial sentence has been imposed on a company director for wage offences. It shows that the courts are attaching more importance to such offences. Employers should not defy the law," he said.
AMJ Transportation Limited ceased operation in April last year with outstanding wages amounting to more than $150,000 for six employees. The employees then lodged claims with the Labour Tribunal and were given an award in their favour. However, the employer did not honour the award.
The Labour Department investigated the case and evidence showed that the wage offences were committed with the director, Mr Lam's consent or connivance.
"The Labour Department does not tolerate wage offences and spares no effort in prosecuting directors and employers who defy the law," the spokesman said.
According to Sections 23 and 25 of the Employment Ordinance, wages due upon expiry of the last day of the wage period or upon 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 commits an offence.
In addition, Section 64B of the 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.
Employees who are owed wages should call the Labour Department's complaint hotline, 2815 2200, immediately.
Ends/Thursday, June 7, 2007
Issued at HKT 17:41
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