### Employment Ordinance 《僱傭條例》

43P. Offence of employer’s failure to pay any sum payable under award of tribunal
(1) If—
(a) an award of a tribunal provides, in whole or in part, for the payment by an employer of any specified entitlement (whether or not the specified entitlement is payable only on any condition being met); and (Amended 21 of 2018 s. 10)
(b) the employer wilfully and without reasonable excuse fails to pay—
(i) any sum payable under the award (other than a sum to which subparagraph (ii) applies) within 14 days after the date of the award; or
(ii) any sum payable under the award that is, by the terms of the award, payable otherwise than on the date of the award, within 14 days after the date on which the sum is, by those terms, payable,
the employer commits an offence and is liable on conviction to a fine of $350,000 and to imprisonment for 3 years.
(2) A reference in subsection (1)(b)(i) or (ii) to any sum payable under an award includes—
(a) any part of a sum payable under the award; and
(b) in the case of a sum payable by instalments, any instalment or part of an instalment.
(3) For the purposes of subsection (1), if—
(a) an award of a tribunal provides for the payment of a sum but does not indicate whether or not that sum includes any specified entitlement; and
(b) the claim to which the award relates consists, in whole or in part, of any specified entitlement,
then, unless there is evidence to the contrary, the award is to be treated as providing for the payment of a specified entitlement.
(4) Subsection (5) applies to an award that is an order for reinstatement or re-engagement made under section 32N (as varied under section 32PA or 32PC, if applicable) (which order (as so varied, if applicable) is referred to in subsection (5) as the order). (Added 21 of 2018 s. 10)
(5) Where the order specifies a date (specified payment date) as the date by which the employer must pay to the employee a sum if the employer fails to reinstate or re-engage the employee on the terms specified in the order by the date so specified, the specified payment date is, on that failure, the date on which the sum is, by the terms of the award, payable for the purposes of subsection (1)(b)(ii). (Added 21 of 2018 s. 10)

### Employment Ordinance 《僱傭條例》

43Q. Liability of directors, partners, etc. for offence under section 43P
(1) Where an offence under section 43P 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 commits the like offence.
(2) Where an offence under section 43P 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 other person concerned in the management of the firm, the other partner or the other person concerned in the management of the firm commits the like offence.
(3) An offence under section 43P committed by a body corporate is presumed to have been committed with the consent or connivance of, or to be attributable to the neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, if it is proved that, at the time the offence was committed, the director, manager, secretary or other similar officer—
(a) was concerned in the management of the body corporate; or
(b) knew or ought to have known that the award of the tribunal in respect of which the offence was committed had been made against the body corporate.
(4) An offence under section 43P committed by a partner in a firm is presumed to have been committed with the consent or connivance of, or to be attributable to the neglect on the part of—
(a) any other partner in the firm, if it is proved that, at the time the offence was committed, the other partner was concerned in the management of the firm; or
(b) any other partner in the firm or any other person concerned in the management of the firm, if it is proved that, at the time the offence was committed, the other partner or the other person knew or ought to have known that the award of the tribunal in respect of which the offence was committed had been made against the firm.
(5) The presumption under subsection (3) or (4) is rebutted by a person charged with an offence under section 43P by virtue of that subsection if—
(a) there is sufficient evidence to raise an issue that the offence was committed without the person’s consent or connivance and was not attributable to the person’s neglect; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.

43R. Proof of certain matters in proceedings for offence under section 43P
(1) For the purposes of proceedings for an offence under section 43P, a document (first-mentioned document

### Employment Ordinance 《僱傭條例》

43S. Prosecution of offence under section 43P
(1) No prosecution for an offence under section 43P may be commenced without the consent in writing of the Commissioner.
(2) Before giving consent to prosecute under subsection (1), the Commissioner must hear the person against whom the allegation is made, or give the person an opportunity of being heard.
(3) Subject to subsection (1), a prosecution for an offence under section 43P 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.
(4) Nothing in this section derogates from the powers of the Secretary for Justice in respect of the prosecution of criminal offences.

44. Information to persons entering employment
(1) Every employer shall inform each person in detail before such person enters his employment, in a manner intelligible to such person, of the conditions with regard to—
(a) the wages and the wage period;
(b) where Part IIA applies to such person, the end of year payment or proportion of the end of year payment and the payment period; and
(c) the length of notice required to terminate the proposed contract of employment,
under which he is to be employed. (Replaced 48 of 1984 s. 25)
(2) Where the contract of employment is not in writing, upon receipt, before such employment is entered into, of a written request therefor from such person the employer shall forthwith deliver to him a notice in writing containing such conditions. (Amended 41 of 1990 s. 19)
(3) Where the contract of employment is in writing, the employer shall provide such person with a copy of the contract immediately after it is signed or immediately after the procedure to validate the contract is completed where such procedure is required. (Added 41 of 1990 s. 19)