The Hong Kong Government has laid out its intentions to raise the maximum fine for employers who violate occupational health and safety laws by a staggering 20 times to a maximum of HK$ 10 million. Under the current legislation, employers who fail to comply with regulations face a fine of up to HK$ 500 thousand and imprisonment of up to 12 months.
Under the new bill, the maximum fine and term of imprisonment for serious offences will be set at HK$ 10 million and 24 months, with the turnover of the employer to be also considered by the courts. The bill also proposes that offences under the general duty of provisions for employers should be tried through the indictable offences procedure so that serious violations may be tried by a higher court.
Secretary for Labour and Welfare, Law Chi-kwong, said that deaths by industrial accidents have remained stable at around 20 incidents per annum but noted that the current fine system is “too light.” Law also added that some of the serious violations have resulted in death and that some of the offenders had repeatedly committed serious health and safety breaches.
Under the proposed amendments, prosecutions would be pursued in exceptional cases where there was evidence of deliberate or reckless breaches resulting in death or serious injuries to workers. The time limit for the prosecution of offences would also be extended from six months to a year to give the Labour Department more time to conduct in-depth investigations and compile sufficient evidence.
Paul Arkwright
Publisher
