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Among other changes, this development sees the maximum fines being raised to HK$10mn.
Hong Kong’s Legislative Council (LegCo) passed the third reading of the Occupational Safety and Occupational Health Legislation (Miscellaneous Amendments) Bill 2022 last Wednesday (19 April 2023). Upon the amendment, the maximum fines and imprisonment terms for extremely serious occupational safety and health (OSH) offences have been raised to HK$10mn and two years respectively.
The amended Ordinance is published in the Gazette and comes into effect on 28 April 2023 (Friday). This development comes at a momentous time, on a occasion of World Day for Safety and Health at Work 2023 that is marked by International Labour Organization (ILO) on 28 April.
This move comes with the aim to amend the Factories and Industrial Undertakings Ordinance (Cap. 59) and the Occupational Safety and Health Ordinance (Cap. 509), as well as their subsidiary legislation, to increase the penalties for OSH offences so as to enhance their deterrent effect for better protection of workers' OSH.
The changes include the following:
- Make offences under the general duty (GD) provisions for employers, proprietors and occupiers of premises (employer GD provisions) of the relevant legislation triable as 'indictable offences';
- Extremely serious OSH offences can be tried at higher levels of court, the maximum fines and imprisonment terms are raised to HK$10mn and two years respectively. The courts are also required to take into account the turnover of the convicted entities in determining the levels of fines;
- Increase the maximum fines for employer GD provisions prosecuted summarily to HK$3mn;
- Increase the maximum fines for employee GD provisions prosecuted summarily to HK$150,000;
- According to the seriousness, the maximum fines for other summary offences for employer-related offences are adjusted to HK$25,000, HK$100,000, and HK$400,000 respectively;
- According to the seriousness, the maximum fines for other summary offences for employee-related offences are adjusted to HK$10,000, HK$50,000, and HK$150,000 respectively;
- Extend the time limit for prosecution for offences triable summarily from six months to nine months to allow sufficient time for the Labour Department (LD) to conduct more in-depth investigations into serious cases.
New penalties under the Ordinance have no retrospective effect and there is no grace period.
Secretary for Labour and Welfare Chris Sun said, after the amended Ordinance takes effect, the government will launch extensive publicity to raise awareness in industries and the public of the new penalties and the serious consequences of OSH offences, so that everyone will pay more attention to the precautionary measures.
He added: "The LD will continue to adopt a multi-pronged approach, including inspection and enforcement, publicity and promotion, as well as education and training, to promote an OSH culture and reduce accidents."
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Photo / HKSAR Government Press Releases
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