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.
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