Tag Archives: China

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Company directors sentenced to community service for wage offences and default on Labour Tribunal award

     Two directors of Bexpress Internet Logistics (Hong Kong) Limited were prosecuted by the Labour Department (LD) for failing to pay employees’ wages and defaulting on the sums awarded by the Labour Tribunal (LT) as required by the Employment Ordinance (EO). The two directors pleaded guilty at Kowloon City Magistrates’ Courts earlier and both were ordered to pay a sum of about $134,000 via the court to the four employees. The directors were each sentenced to 80 hours’ community service today (June 25).

     The company failed to pay two employees wages within seven days after the termination of employment. The company also failed to pay four employees (including the above-mentioned two employees) the awarded sum of about $134,000 in total within 14 days after the date set out by the terms of the LT award in accordance with the EO. The directors concerned were convicted for their consent, connivance or neglect in the above offences.

     “The ruling helps disseminate a strong message to all employers and responsible officers of companies that they have to pay wages to employees within the time limit stipulated in the EO and the awarded sums according to the terms of the awards of 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 LD said. read more

Update on cases of Legionnaires’ disease

     The Centre for Health Protection (CHP) of the Department of Health today (June 25) reported the latest number of cases of Legionnaires’ disease (LD), and stressed the importance of using and maintaining properly designed man-made water systems, and that susceptible groups should strictly observe relevant precautions.

     From June 17 to 23, one community-acquired case and one imported LD case were reported. Both patients have underlying illnesses.
 
     The first patient, a 57-year-old man, lives in Tower 3, the Capitol, Lohas Park, Tseung Kwan O, while the second patient, a 59-year-old man, was residing in the Mainland during the incubation period.

     “Epidemiological investigations are ongoing to identify potential sources of infection, high-risk exposure and clusters, if any,” a spokesman for the CHP said.

     As of June 23, 26 LD cases have been reported in 2018. In 2017 and 2016, there were 72 and 75 cases respectively.

     “Men, people aged over 50, smokers, alcoholics and persons with weakened immunity are more susceptible to LD. Some situations may also increase the risk of infection, including poor maintenance of water systems leading to stagnant water; living in areas with old water systems, cooling towers or fountains; using electric water heaters, whirlpools and spas or hot water spring spas; and recent stays in hotels or vessels,” the spokesman said.

     Legionellae are found in various environmental settings and grow well in warm water (20 to 45 degrees Celsius). They can be found in aqueous environments such as water tanks, hot and cold water systems, cooling towers, whirlpools and spas, water fountains and home apparatus which support breathing. People may get infected when they breathe in contaminated droplets (aerosols) and mist generated by artificial water systems, or when handling garden soil, compost and potting mixes.

     Immunocompromised persons should:
 

  • Use sterile or boiled water for drinking, tooth brushing and mouth rinsing;
  • Avoid using humidifiers, or other mist- or aerosol-generating devices. A shower may also generate small aerosols; and
  • If using these devices, fill the water tank with only sterile or cooled freshly boiled water, and not tap water. Also, clean and maintain them regularly according to manufacturers’ instructions. Never leave stagnant water. Empty the water tank, wipe all surfaces dry, and change the water daily.
     
     The public should observe the health advice below:
 
  • Observe personal hygiene;
  • Do not smoke and avoid alcohol;
  • Strainers in water taps and shower heads should be inspected, cleaned, descaled and disinfected regularly or at a frequency recommended by the manufacturer;
  • If a fresh water plumbing system is properly maintained, it is not necessary to install domestic water filters. Use of water filter is not encouraged as clogging occurs easily, which can promote growth of micro-organisms. In case water filters are used, the pore size should be 0.2 micrometres (µm) and the filter needs to be changed periodically according to the manufacturer’s recommendations;
  • Drain and clean water tanks of buildings at least quarterly;
  • Drain or purge for at least one minute the infrequently used water outlets (e.g. water taps, shower heads and hot water outlets) and stagnant points of the pipework weekly or before use;
  • Seek and follow medical advice regarding the use and maintenance of home respiratory devices and use only sterile (not distilled or tap) water to clean and fill the reservoir. Clean and maintain them regularly according to the manufacturer’s instructions. After cleaning/disinfection, rinse the device with sterile water, cooled freshly boiled water or water filtered with 0.2-µm filters. Never leave stagnant water. Empty the water tank, keep all surfaces dry, and change the water daily; and
  • When handling garden soil, compost and potting mixes:

     1. Water gardens and compost gently using low pressure;
     2. Open composted potting mixes slowly and make sure the opening is directed away from the face;
     3. Wet the soil to reduce dust when potting plants; and
     4. Avoid working in poorly ventilated places such as enclosed greenhouses.

     The public may visit the CHP’s LD page, the Code of Practice for Prevention of LD and the Housekeeping Guidelines for Cold and Hot Water Systems for Building Management of the Prevention of LD Committee, and the CHP’s risk-based strategy for prevention and control of LD. read more

Home Ownership Scheme applicant convicted by court for false statement

     An applicant for the purchase of a flat under the Home Ownership Scheme (HOS) was sentenced to a community service order of 80 hours today (June 25) for making a statement to the Hong Kong Housing Authority (HA) on the declaration form which he knew to be false or misleading as to a material particular by not declaring the net asset value of his non-residential property to the Housing Department (HD).
      
     In this case, the defendant, who applied for the purchase of a flat under the HOS by White Form in 2016, did not declare the net asset value of his land or landed properties on a declaration form. However, the HD found that he actually held a non-residential property jointly with a third party in the declaration period. Having considered his joint ownership of the said property, his concealed asset value was around $1.4 million. He was later prosecuted by the HD for making a statement to the HA which he knew to be false or misleading as to a material particular, contrary to Section 26(2) of the Housing Ordinance. The defendant was convicted at the Kowloon City Magistrates’ Courts on May 28. The magistrate considered a fine as punishment could not reflect the gravity of the offence. After making reference to the probation report, the defendant was sentenced to a community service order of 80 hours today.
      
     An HD spokesman said that the HD always spares no effort in combating false declaration made during application for subsidised housing. He reminded all subsidised sale flats applicants of the legislative requirements whereas if they make statements to the HA which they know to be false or misleading as to a material particular, contrary to Section 26(2) of the Housing Ordinance, they shall be guilty of an offence and shall be liable on conviction to a fine of $500,000 and to imprisonment for one year. If they have already purchased and completed the assignment of the subsidised sale flats, pursuant to Section 26B of the Housing Ordinance, the court may order the purchasers to forfeit to the Housing Authority a sum equivalent to the difference between the original purchase price of the flat and the market value at the date of the order. If the estate in which the subsidised sale flat is located is incomplete, the HA may rescind the Agreement for Sale and Purchase previously signed with the purchasers and forfeit the deposit paid by them in accordance with the related clause therein. read more

Contractors of carriageway resurfacing works in Siu Sai Wan Road convicted for illegally carrying out construction works at night

     The contractors of carriageway resurfacing works in Siu Sai Wan Road, Chiu Hing Construction & Transportation Company Limited and Wah Fung Engineering Company Limited, failed to comply with the requirements of the construction noise permit (CNP) and caused noise nuisance to nearby residents. They were fined a total of $20,000 by Eastern Magistrates’ Courts today (June 25) for contravening the Noise Control Ordinance (NCO).

     The Environmental Protection Department (EPD) received several reports from members of the public in January that the night time works at Siu Sai Wan Road caused noise nuisance. The EPD’s site inspection revealed that the contractor did not comply with the CNP requirements while carrying out carriageway resurfacing works during restricted hours, which included the use of multiple items of powered mechanical equipment concurrently and without using noise enclosures. The EPD immediately revoked the CNP of the construction site and informed the Highways Department. The two contractors concerned were then prosecuted by the EPD after evidence gathering.
      
     The NCO aims to protect the public from disturbance of rest. An EPD spokesman stressed that construction contractors should schedule works for the daytime and non-general holidays as far as possible, so as to minimise noise nuisance to the surroundings. If the construction 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), the contractor has to obtain prior approval from the EPD. 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. 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 conviction. read more