Travel company director given suspended jail sentence for wage offences - Hong Kong

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The director of Vacation Travel Company Limited, Mr Yeung Tak-shing, Marco, was sentenced in the Kwun Tong Magistrates' Court on March 16 to four months jail, suspended for two years, for wage offences under the Employment Ordinance. The prosecution was taken out by the Labour Department.

Mr Yeung failed to pay wages to six employees within seven days of the termination of employment. The amount of wages involved was about $110,000. In addition to the imprisonment sentence, the employer was ordered to clear the outstanding wages within six months. This was the seventh time that a jail sentence had been imposed on an employer or a company director for wage offences.

The Vacation Travel Company Limited ceased operation in January last year. The Labour Department took out the prosecution in respect of six workers who came forward as prosecution witnesses for their wage arrears. The department prosecuted Mr Yeung as evidence indicated that the wage offences were committed with his consent or connivance.

Section 64B of the Employment Ordinance stipulates that where any wage payment offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, the director, manager, secretary or other similar officer shall be guilty of the like offence.

According to Section 25 of the Employment Ordinance, wages due upon termination of employment shall be paid as soon as practicable, but not later than seven days. Any employer or company director who fails to do so wilfully and without reasonable excuse is liable to a maximum fine of $350,000 and imprisonment for three years. Link

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