Originally published 28 May 2010

Keywords: employment, amendment, Ordinance 2010, tribunal awards

The Employment (Amendment) Ordinance 2010, which was passed by the Legislative Council on 28 April 2010, has been gazetted to come into force on 29 October 2010.

Under the Ordinance, an employer who wilfully and without reasonable excuse fails to pay any sum awarded, comprising wages and entitlements, by the Labour Tribunal and Minor Employment Claims Adjudication Board within 14 days of its due date, will be liable to prosecution.

The maximum penalty for the new offence will be HK$350,000 and three years' imprisonment.

If an offence committed by a corporate body is proved to have been committed with the consent, connivance or neglect of a director or responsible person of the body corporate, the director or responsible person commits the same offence.

For the background to the introduction of the new offence, see our previous Legal Update - Employment (Amendment) Bill 2009 - Criminal Consequence for Non-Payment of Tribunal Awards.

The Ordinance will come into force on a day to be appointed by the Secretary for Labour and Welfare by notice published in the gazette.

Learn more about our Hong Kong office and Employment & Benefits practice.

Visit us at www.mayerbrownjsm.com

Copyright 2010. JSM, Mayer Brown International LLP and/or Mayer Brown LLP. All rights reserved. Mayer Brown is a global legal services organization comprising legal practices that are separate entities ("Mayer Brown Practices"). The Mayer Brown Practices are: JSM, a Hong Kong partnership, and its associated entities in Asia; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales; and Mayer Brown LLP, a limited liability partnership established in the United States. The Mayer Brown Practices are known as Mayer Brown JSM in Asia.

This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein. Please also read the JSM legal publications Disclaimer.