Lawmaker slams new penalties for occupational health and safety offenses just a slap on the wrist

A lawmaker on Wednesday slammed Hong Kong’s increased penalties for occupational health and safety offenses as just a slap on the wrist, after two employers connected to a fatal industrial accident were each fined only HK$50,000.

This came as Secretary for Labour and Welfare Chris Sun Yuk-han told LegCo today that the Labour Department took out 111 prosecutions against the duty holders in respect of eight fatal industrial accidents since amending legislation to increase the penalties for occupational health and safety offenses in April last year.

Since the Occupational Safety and Occupational Health Legislation (Miscellaneous Amendments) Ordinance 2023 came into effect on April 28, 2023, the city has recorded 29 industrial fatalities.

One of the eight cases was concluded in court, said Sun, adding that two proprietors of a non-construction industrial undertaking were each fined HK$50,000 by the court.

Chau Siu-chung, from the Federation of Hong Kong and Kowloon Labour Unions, said the fine is too lenient. His view is echoed by his fellow party member Lam Chun-sing, who said the penalties have an insufficient deterrent effect.

In response, Sun noted that the SAR government had considered whether to file a review or appeal against the sentences, yet it considered the sentence not wrong in principle or manifestly inadequate after careful deliberation of all the relevant circumstances of the case, and therefore made no application for a review or appeal.

The labor chief also said there is currently no consensus in the construction industry on regulating Design for Safety by legislative means, with authorities considering that a more pragmatic strategy is to continue working with the Construction Industry Council and other stakeholders to promote a wider adoption of Design for Safety in the construction industry, instead of legislative means.