### Employment Ordinance 《僱傭條例》

63CA. Offences relating to interest on late payment of wages
Any employer who wilfully and without reasonable excuse contravenes section 25A commits an offence and is liable to a fine at level 3.
(Added 74 of 1997 s. 16. Amended L.N. 312 of 1998)

63D. Minor offences
(1) Any person who contravenes section 18(2), 26, 27, 28(2), 29, 30, 41AA(4) or (5), 41F(1), 41G, 44, 45, 47(1), 49A or 72A(1) or (2) shall be guilty of an offence.
(2) A person who is guilty of an offence under this section is liable on conviction to a fine at level 3.
(Added 103 of 1995 s. 22)

64. Prosecution of offences
(1) No prosecution for an offence under section 31RA(6) or section 63(1) or (3) or 63A(1) or 63B or 63C shall be commenced without the consent in writing of the Commissioner. (Amended 71 of 1970 s. 4A; 24 of 1988 s. 2; 52 of 1988 s. 16; 31 of 1992 s. 5)
(2) Before the Commissioner gives his consent to prosecute under subsection (1) he shall hear the person against whom the allegation is made, or give him an opportunity of being heard.
(3) Subject to subsection (1), a prosecution for any offence under this Ordinance may be brought in the name of the Commissioner and may be commenced and conducted by any officer of the Labour Department authorized in that behalf in writing by the Commissioner. (Replaced 48 of 1984 s. 27)
(4) Nothing in this section shall derogate from the powers of the Secretary for Justice in respect of the prosecution of criminal offences. (Amended L.N. 362 of 1997)

### Employment Ordinance 《僱傭條例》

64A. Service of summons
(1) Any summons relating to an offence alleged to have been committed under this Ordinance by an employer may be served by leaving a copy of the summons with some person for him at the place of employment mentioned in the summons.
(2) Any such summons may be addressed to “the employer” without specifying the name of the employer.
(3) Any summons relating to an offence alleged to have been committed under this Ordinance by an employee may be served by leaving a copy of the summons either with some person for him at his last or usual place of abode or with some person for him at his place of employment mentioned in the summons.
(4) Any summons relating to an offence alleged to have been committed under this Ordinance by a company may be served by leaving a copy of the summons at, or sending it by registered post to, the registered office of the company.
(Added 48 of 1984 s. 28)

64B. Liability of directors, partners, etc.
(1) Where an offence under section 63B or 63C committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, the director, manager, secretary or other similar officer shall be guilty of the like offence.
(2) Where an offence under section 63B or 63C committed by a partner in a firm is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any other partner in the firm or any person concerned in the management of the firm, that partner or the person concerned in the management of the firm shall be guilty of the like offence.
(Added 31 of 1992 s. 6)

65. Liability for outstanding wages
(1) An employer convicted of an offence under this Ordinance shall, in addition to any fine imposed under this Ordinance, if the court before which the conviction was obtained so orders, pay any wages or other sum outstanding at the time of the conviction and in respect of which the offence was committed.
(2) Where the employer is acquitted of an offence under this Ordinance on grounds that his default was not wilful or not without reasonable excuse, the court may, if it finds that any wages or other sums in respect of which the charge was brought are due, order the employer to pay such wages or other sums.
(Amended 31 of 1992 s. 7)

### Employment Ordinance 《僱傭條例》

66. Wages not to be attached
No order for the attachment of wages, or, in the case of an employee to whom Part IIA applies, any end of year payment or proportion thereof, of an employee shall be made by any court:
Provided that a civil debt due to the Government under any enactment may be recovered from the wages of an employee by attachment or otherwise.(Amended 48 of 1984 s. 29; 56 of 2000 s. 3)

67. Application for apprehension of absconding employer
(1) If an employer or former employer is about to leave Hong Kong with intent to evade payment of— (Amended 48 of 1984 s. 30)
(a) any wages earned by any of his employees and owed by the employer, whether or not the payment of such wages is yet due; or
(b) any other moneys owed by the employer under a contract of employment to any of his employees,
any of his employees may apply to a District Judge to issue a warrant in accordance with the Second Schedule, and in respect of any such application the Second Schedule shall apply.
(2) No person shall make an application under subsection (1) unless he has reasonable grounds for making such application.
(Added 71 of 1970 s. 5)

67A. Amendment of limitation imposed on severance payment and long service payment
The Legislative Council may, by resolution published in the Gazette, amend the references to $22,500 in sections 31G and 31V and in this section by substituting a different amount specified in the resolution.
(Replaced 41 of 1990 s. 22. Amended L.N. 264 of 1995)

68. Amendment of forms
The Chief Executive may, by order published in the Gazette, amend Part II of the Second Schedule.
(Added 44 of 1971 s. 5. Amended 56 of 2000 s. 3)

68A. Commissioner may amend Schedule 12
The Commissioner may, by notice published in the Gazette, amend Schedule 12.
(Added 5 of 2022 s. 10)