3. Employment & Compensation
  5. Hong Kong: Increased penalties for breaching occupational safety and health requirements

Hong Kong: Increased penalties for breaching occupational safety and health requirements

02 May 2023    2 minute read
Occupational Safety and Health Increased FInes Heavier Penalties EC Featured Content

In brief

On 28 April 2023, the Occupational Safety and Occupational Health Legislation (Miscellaneous Amendments) Ordinance 2023 ("Ordinance") took effect upon gazettal. 

Employers who breach the statutory occupational safety and health requirements in Hong Kong will now be subject to significantly higher fines and imprisonment for up to two years.
 

Contents

Key takeaways

The Ordinance seeks to enhance the deterrent effect of the occupational safety and health offenses under the Factories and Industrial Undertakings Ordinance (Cap. 59) (FIUO) and the Occupational Safety and Health Ordinance (Cap. 509) (OSHO) by increasing the maximum fines for certain offenses. The key changes introduced by the Ordinance include the following:

  • The maximum liability of an employer that breaches the general duty under Section 6A FIUO and Section 6 OSHO to ensure its employees' health and safety at work has increased to a fine of HKD 3 million upon summary conviction, and to a fine of HKD 10 million upon indictment. Where the employer contravenes such general duty willfully and without reasonable excuse, the penalty on summary conviction is now HKD 3 million and imprisonment for 6 months and on conviction on indictment, HKD 10 million and two years' imprisonment. 
  • Where an employer is convicted on indictment, the court must consider the turnover of the employer's business and other financial information given by the employer in assessing the appropriate fine.
  • Other less serious offenses relating to occupational safety and health committed by employers are also subject to heavier fines. These summary offenses can be broadly grouped into three categories:
Categories/seriousness  Previous maximum fine  Amended maximum fine
Minor offenses (e.g., failure to provide sanitary conveniences in the workplace) HKD 10,000 
(Level 3 fine)		 HKD 25,000
(Level 4 fine)
Serious offenses (e.g., failure to report workplace accidents) HKD 50,000
(Level 5 fine)		 HKD 100,000
(Level 6 fine)
Very serious offenses (e.g., improper use of hoists on construction sites) HKD 200,000  HKD 400,000
  • The time limit for prosecution of summary offenses has been extended from six months to nine months.

A 28 April 2023 government press release explained that the Labour Department will continue to adopt a three-pronged approach to promote an occupational, safety and health culture through inspection and enforcement, publicity and promotion, as well as education and training, to reduce the occurrence of accidents.

For more information, please contact tess.lumsdaine@bakermckenzie.com.

Contact Information
Tess Lumsdaine
Partner
Hong Kong
Read my Bio
tess.lumsdaine@bakermckenzie.com
Sonia Wong
Special Counsel
Hong Kong
Read my Bio
sonia.wong@bakermckenzie.com
Shirley Lam
Associate
Hong Kong
Read my Bio
shirley.lam@bakermckenzie.com

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.

HighQ
Copyright Baker McKenzie 2024 | Disclaimers | Supplemental Privacy Statement