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Author Archives: hksar gov

Employer fined for holiday pay offences and default on Labour Tribunal award

     Goldwell Engineering & Projects Limited was prosecuted by the Labour Department (LD) for failing to pay on time statutory holiday pay, annual leave pay and defaulting on a sum awarded by the Labour Tribunal (LT), in violation of the Employment Ordinance (EO). The employer pleaded guilty at Kwun Tong Magistrates’ Courts today (February 8) and was fined a total of $75,000. 

     The employer failed to pay five employees’ statutory holiday pay and annual leave pay totalling about $32,000 as required by the EO. The employer also failed to pay awarded sums of about $23,000 to those five employees within 14 days after the specified payment date of the LT award. 

     “The ruling helps disseminate a strong message to all employers that they have to pay statutory holiday pay and annual leave pay to employees within the time limit stipulated in the EO and awarded sums according to the terms of the awards of the LT or Minor Employment Claims Adjudication Board. The LD will not tolerate these offences and will continue to make dedicated efforts in enforcing the EO and safeguarding employees’ statutory rights,” a spokesman for the LD said. read more

Suspected MERS case reported

     The Centre for Health Protection (CHP) of the Department of Health today (February 8) reported a suspected case of Middle East Respiratory Syndrome (MERS), and again urged the public to pay special attention to safety during travel, taking due consideration of the health risks in the places they visit. The case is detailed below:
 

Sex Female
Age 40
Affected area involved Dubai, United Arab Emirates
High-risk exposure Nil
Hospital Prince of Wales Hospital
Condition Stable
MERS-Coronavirus preliminary test result Pending
 
     “Travellers to the Middle East should avoid going to farms, barns or markets with camels; avoid contact with sick persons and animals, especially camels, birds or poultry; and avoid unnecessary visits to healthcare facilities. We strongly advise travel agents organising tours to the Middle East to abstain from arranging camel rides and activities involving direct contact with camels, which are known risk factors for acquiring MERS-CoV,” a spokesman for the CHP said.

     Locally, the CHP’s surveillance with public and private hospitals, with practising doctors and at boundary control points is firmly in place. Inbound travellers and members of the public who recently visited the Middle East and developed fever or lower respiratory symptoms within 14 days will be classified as suspected MERS cases. They will be taken to public hospitals for isolation and management until their specimens test negative for MERS-Coronavirus (MERS-CoV).

     Travellers to affected areas should maintain vigilance, adopt appropriate health precautions and take heed of personal, food and environmental hygiene. The public may visit the MERS pages of the CHP and its Travel Health Service, MERS statistics in affected areas, the CHP’s Facebook Page and YouTube Channel, and the World Health Organization’s latest news for more information and health advice. Tour leaders and tour guides operating overseas tours are advised to refer to the CHP’s health advice on MERS. read more

Public views sought on proposed Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Bill and Rules

     The Department of Justice (DoJ) today (February 8) launched a public consultation to seek views on the proposed Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Bill (the Bill) and the proposed Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Rules (the Rules).
      
     In view of the increasing number of cross-boundary marriages and related matrimonial matters between the Hong Kong Special Administrative Region (HKSAR) and the Mainland, the Government of the HKSAR and the Supreme People’s Court signed the Arrangement on Reciprocal Recognition and Enforcement of Civil Judgments in Matrimonial and Family Cases by the Courts of the Mainland and of the HKSAR (the Arrangement) on June 20, 2017, so as to establish a mechanism for reciprocal recognition and enforcement of civil judgments in matrimonial and family cases between the two places.
      
     A spokesman of the DoJ said, “The Arrangement, when implemented, will provide better safeguards to families, in particular, parties to cross-boundary marriages and their children.”
      
     The Arrangement will be implemented in the HKSAR by legislation. For this purpose, the DoJ has prepared the draft Bill and draft Rules for public consultation.
      
     The draft Bill mainly seeks to establish mechanisms in the HKSAR for registration of specified orders contained in a Mainland judgment given in a matrimonial or family case, application for recognition in the HKSAR of a Mainland divorce certificate and certification by a HKSAR court of a HKSAR judgment given in a matrimonial or family case for the purpose of seeking recognition and enforcement of the judgment in the Mainland.
      
     The draft Rules lay down the practice and procedures relating to the applications made to a HKSAR court under the Bill, for example, the requirements for affidavit in support of a registration application.
      
     The Consultation Paper together with the draft Bill and draft Rules is now available on the DoJ’s website: www.doj.gov.hk/eng/public/pdf/2019/matrimonial_bill.pdf. The consultation period will end on March 8, 2019.
      
     All submissions may be sent to the China Law Unit, Legal Policy Division, Department of Justice: by mail to 5/F, East Wing, Justice Place, 18 Lower Albert Road, Central, Hong Kong; by fax to 3918 4799; or by email to matrimonialbill@doj.gov.hk. read more

Parent convicted of failure to register birth within prescribed period

     A Hong Kong resident who failed to register the birth of his child within the prescribed period was convicted at Shatin Magistrates’ Courts today (February 8).

     The Immigration Department (ImmD) investigated a case of failure to register a birth within the prescribed period. After investigation, it was found that a man failed to register his son born in June 2017. The man was charged at Shatin Magistrates’ Courts today with failure to register the birth of the baby within 42 days after the day of such birth. He pleaded guilty to the charge and was sentenced to a fine of $1,200. The birth registration of the baby boy was completed in August 2018.

     The ImmD spokesman reminded parents to fulfil their obligations under the law to register the birth of a child within 42 days of such birth so that the rights to medical treatment, education and welfare benefits to which their children are entitled won’t be harmed due to delays in following the relevant procedures. Failure to do so is an offence for which the maximum sentence upon summary conviction is a fine of $2,000 or six months’ imprisonment. read more