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A director of View Point Shipping Company Limited, was today (May 21) sentenced to four months' jail, suspended for one year, for wage offences under the Employment Ordinance. He was also ordered by Kwun Tong Magistrates' Courts to clear the outstanding wages. The prosecution was launched by the Labour Department.
The company failed to pay wages of around $220,000 to two employees within seven days after the expiry of wage period and the termination of employment as required by the Employment Ordinance. The Labour Department investigated the case and evidence showed that the wage offences were committed with the director's consent, connivance or attributable to his neglect.
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 must 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 attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, they shall be guilty of a like offence. Offenders are liable to prosecution and a maximum penalty of a fine of $350,000 and imprisonment for three years.
A spokesman for the Labour Department said that the judgment would send a strong message to directors or responsible persons of limited companies that they had personal responsibility to ensure that wages were paid to employees in accordance with the Employment Ordinance. "The Labour Department does not tolerate wage offences and spares no effort in prosecuting employers and directors or responsible persons of limited companies who defy the law," the spokesman said.
Employees who are owed wages should call the Labour Department's complaint hotline, 2815 2200, immediately.
Ends/Thursday, May 21, 2009
Issued at HKT 17:28
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