Tag Archives: China

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Woman fined for operating unlicensed guesthouse

     A woman was fined $10,000 at the Eastern Magistrates’ Courts today (July 24) for contravening the Hotel and Guesthouse Accommodation Ordinance.
           
     The courts heard that in December last year, officers of the Office of the Licensing Authority (OLA), Home Affairs Department, inspected a suspected unlicensed guesthouse on Chun Yeung Street in North Point. The OLA officers posed as lodgers and successfully rented a room in the guesthouse on a daily basis.
           
     According to the OLA’s records, the guesthouse did not possess a licence under the Ordinance on the day of inspection. The woman responsible for operating the premises was charged with contravening section 5(1) of the Ordinance.
           
     A department spokesman stressed that operating or managing an unlicensed guesthouse is a criminal offence and will lead to a criminal record. Upon conviction, the offender is liable to a maximum fine of $200,000 and two years’ imprisonment.
           
     The spokesman appealed to anyone with information about suspected unlicensed guesthouses to report it to the OLA through the hotline (Tel: 2881 7498), by email (hadlaenq@had.gov.hk), by fax (2504 5805) using the report form downloaded from the OLA website (www.hadla.gov.hk), or through the mobile application “Hong Kong Licensed Hotels and Guesthouses”. read more

Manager and operators fined for illegal club operation

     A man, a woman and a company were fined $1,000 to $4,500 at the Eastern Magistrates’ Courts today (July 24) for contravening the Clubs (Safety of Premises) Ordinance.

     The courts heard that in January this year, officers from the Office of the Licensing Authority (OLA) of the Home Affairs Department conducted inspections at two clubs on Queen’s Road Central and Elgin Street in Central, which had been operating with certificates of compliance (CoCs). 

     The staff of the club on Queen’s Road Central failed to show the registered drawings upon the OLA officers’ request. Condition 17 of the CoC was breached. The company, being the CoC holder of the club, was charged with contravening section 21(2) of the Ordinance.

     During the investigation in the club on Elgin Street, the OLA officers posed as customers and patronised the club for food and drinks without being asked to show their membership status or being invited to join the club as members. Also, the staff of the club failed to show the latest membership register and the registered drawings upon the OLA officers’ request. Conditions 17, 19 and 20 of the CoC were breached. The man and the woman, being the manager of the club and the CoC holder of the club respectively, were charged with contravening section 21(1) (a) and section 21(2) of the Ordinance.

     A spokesman for the department reminded all CoC holders to comply with the conditions as stipulated therein. Enforcement action will continue to be taken against illegal club operations. read more

Licence of employment agency revoked

     A spokesman for the Labour Department (LD) today (July 24) reminded operators of employment agencies (EAs) to conduct their business in compliance with the law and the Code of Practice for EAs at all times.
 
     The LD recently revoked the licence of Good Family Employment Agency Company Limited, an EA located in Kennedy Town, which failed to meet the standards set out in the Code by being involved in the financial matters of job seekers, failing to issue payment receipts to foreign domestic helpers (FDHs), and having its management fail to closely supervise all its staff. Despite repeated warnings given by the Employment Agencies Administration (EAA) of the LD, the EA was unable to rectify the irregularities detected. The Commissioner for Labour was satisfied that the licensee concerned was not a fit and proper person to operate an EA and revoked the licence on grounds under section 53(1)(c)(v) of the Employment Ordinance.
 
     The spokesman said, “The Code sets out the salient legislative requirements that EA operators must observe in operating their business, as well as the minimum standards which the Commissioner expects of EAs. The EAA conducts regular and surprise inspections of EAs and issues warning letters to EAs for contraventions of the Code, so as to rectify any irregularity detected.
 
     “According to the Employment (Amendment) Ordinance 2018 that came into effect on February 9, sections 53(1)(c)(iva), 53(1)(d)(iii) and 53(1)(e)(ii) further empower the Commissioner to refuse to issue or renew a licence, or to revoke a licence, if the licensee or the person intending to be the licensee, or a related person of or an individual employed by the licensee or the person intending to be the licensee, has not complied with a code of practice issued under section 62A(1) of the Ordinance.”
 
     This is the third case this year involving revocation of or refusal to renew an EA licence. Previously Tin Wai Employment Company Limited, an EA located in Mong Kok and Tuen Mun, had its licence revoked for contravening the Code and providing misleading information during the inspections and enquiries of the EAA. Another EA named JK Company in Mong Kok had its licence renewal refused because its licensee had contravened the Code by failing to draw up service agreements with FDHs and their employers.
 
     For enquiries or complaints about unlicensed operation, overcharging job seekers’ commission by EAs and the Code, please call the LD’s EAA at 2115 3667, or visit its office at Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon. read more

Sun Fook Kong Construction Limited convicted for illegal use of powered mechanical equipment to carry out refurbishment works on holiday

     Sun Fook Kong Construction Limited illegally used powered mechanical equipment to carry out refurbishment works at Tin Shui Sports Centre in Tin Shui Wai on a Sunday, which violated the regulation on noise control. The company was fined $25,000 by Fanling Magistrates’ Courts today (July 24) for contravening the Noise Control Ordinance (NCO).
 
     The Environmental Protection Department (EPD) received a complaint from members of the public in December last year about the noise generated by construction works at Tin Shui Sports Centre on a Sunday. EPD staff conducted investigation and confirmed that the contractor, without obtaining a construction noise permit (CNP) before the works commenced, carried out works using controlled powered mechanical equipment, including an electric elevator, at the sports centre on a Sunday illegally. The EPD initiated prosecution against the contractor in accordance with the NCO after the investigation and evidence collection.
 
     The NCO aims to protect the public from disturbance of rest. The EPD spokesman stressed that members of the construction industry should carry out works during daytime and non-general holidays as far as possible to minimise noise disturbance to the nearby residents. If the works have to be conducted during the restricted hours (between 7pm and 7am on the following day, or at any time on a general holiday), a permit must be obtained from the EPD. The construction works shall commence only when the CNP has been granted upon completion of assessment to support its compliance with regulatory requirements. Only specified powered mechanical equipment can be used for the construction works and contractors must also implement noise mitigation measures to minimise noise nuisance as stipulated by the CNP, including the erection of fences and noise barriers at the sites, to reduce the impact of noise to nearby residents as far as possible. Otherwise, it constitutes an offence. First-time offenders are liable to a maximum fine of $100,000. A maximum fine of $200,000 may be imposed on second or subsequent convictions. read more