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Bosses to face $10M fines in bid to safeguard workers
Authorities plan to raise the maximum fine for employers who violate occupational safety laws - a fee that has remained unchanged for two decades - by a whopping 20 times to HK$10 million.
Secretary for Labour and Welfare Law Chi-kwong said deaths caused by industrial accidents have remained at a level of about 20 cases a year, but some of the cases involved a serious violation of occupational safety regulations, indicating that the current fine is "obviously too light."
Currently, employers who fail to comply with regulations face a fine of up to HK$500,000 and imprisonment of up to 12 months.
The new bill proposes that offenses under the general duty provisions for employers, proprietors and occupiers of premises should be tried through the indictable offenses procedure so that extremely serious Occupational Safety and Occupational Health offenses can be tried by a higher court.
The maximum fine and term of imprisonment for these serious offenses are set at HK$10 million and 24 months, with the turnover of the convicted employer to be also taken into account by the courts during sentencing.
The bill also proposes increasing the maximum fines for employer general duty provisions prosecuted summarily and employee general duty provisions to HK$3 million and HK$150,000.
The maximum fine levels for employer-related offenses are HK$25,000, HK$100,000 and HK$400,000 depending on the seriousness, and HK$10,000, HK$50,000 and HK$150,000 for employee-related offenses.
"The maximum penalty for employees was not increased," Law said. "However, as a total of 90 provisions concerning employees were increased in severity, the maximum penalty for the whole was increased by 2.2 times, compared with 2.4 times for employers."
The bill proposes extending the time limit for the prosecution of offenses from six months to a year so as to give the Labour Department sufficient time to conduct more in-depth investigations into serious cases and provide courts with sufficient evidence to consider whether to impose immediate imprisonment upon conviction.
Prosecutions would only be mounted in exceptional cases where deliberate or reckless breaches result in death or serious injury to workers, Law said, adding that the amendments to the regulations are needed to strengthen deterrence.
Law said the fines are too light for cases in which serious violations have resulted in death, adding that some of the offenders had committed serious accidents and repeated breaches.
The bill will be tabled at the Legislative Council for first reading on Wednesday.
Authorities have also proposed to amend the Factories and Industrial Undertakings Ordinance, which has not been changed since 1994.
Currently, employers who fail to comply with regulations face a fine of up to HK$500,000 and imprisonment of up to 12 months.
The new bill proposes that offenses under the general duty provisions for employers, proprietors and occupiers of premises should be tried through the indictable offenses procedure so that extremely serious Occupational Safety and Occupational Health offenses can be tried by a higher court.
The maximum fine and term of imprisonment for these serious offenses are set at HK$10 million and 24 months, with the turnover of the convicted employer to be also taken into account by the courts during sentencing.
The bill also proposes increasing the maximum fines for employer general duty provisions prosecuted summarily and employee general duty provisions to HK$3 million and HK$150,000.
The maximum fine levels for employer-related offenses are HK$25,000, HK$100,000 and HK$400,000 depending on the seriousness, and HK$10,000, HK$50,000 and HK$150,000 for employee-related offenses.
"The maximum penalty for employees was not increased," Law said. "However, as a total of 90 provisions concerning employees were increased in severity, the maximum penalty for the whole was increased by 2.2 times, compared with 2.4 times for employers."
The bill proposes extending the time limit for the prosecution of offenses from six months to a year so as to give the Labour Department sufficient time to conduct more in-depth investigations into serious cases and provide courts with sufficient evidence to consider whether to impose immediate imprisonment upon conviction.
Prosecutions would only be mounted in exceptional cases where deliberate or reckless breaches result in death or serious injury to workers, Law said, adding that the amendments to the regulations are needed to strengthen deterrence.
Law said the fines are too light for cases in which serious violations have resulted in death, adding that some of the offenders had committed serious accidents and repeated breaches.
The bill will be tabled at the Legislative Council for first reading on Wednesday.
Authorities have also proposed to amend the Factories and Industrial Undertakings Ordinance, which has not been changed since 1994.
