HONG KONG LEGISLATIVE COUNCIL -8 March 1989
香港立法局 ————-- 一九八九年三月八日
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taken would involve discussions with the police and with the Customs Department as well as with TELA, with a view to stepping up inspection as well as prosecution action.
Default in payment of wages and severance pay on removal of factories to China
7. 蘇周艷議員問:鑑於香港工業界人士將生產轉移入中國的情況有繼續增長的趨勢,政府可 否告知本局,遇有搬廠入中國的僱主蓄意拖欠工資或遣散費時,現行法例是否足以協助有關僱員
追討該等欠款?
SECRETARY FOR EDUCATION AND MANPOWER: Sir, as I said in reply to a similar question in this Council on 8 June last year, our legislation provides for five remedies for employees in cases where employers deliberately attempt to evade payment of wages or severance pay, whether or not because of a move of operations. The legal remedies are :
First, if the employer is still solvent but does not pay the wages, he can be prosecuted under section 63A(1) of the Employment Ordinance.
Secondly, any employee who is owed money by his employer and who has good grounds to believe that his employer is about to abscond or transfer his assets elsewhere, can apply to the court for a warrant of arrest under section 67 of the Employment Ordinance.
Thirdly, if the employer is an insolvent limited company subject to winding up, he is required under section 271 of the Companies Ordinance to deliver up all the properties of the company in his custody or under his control for disposal by the court.
Fourthly, if a company is being wound up and the liquidator obtains from the court a declaration that there has been a breach of trust or misfeasance involving assets of the company, the person responsible is liable to repay or restore the value of the assets or property under section 276 of the Companies Ordinance. These assets can be sold by the Official Receiver for the purpose of paying preferential and ordinary claims to employees.
Fifthly, section 224 of the Companies Ordinance also provides for the court to order the arrest of any responsible person of a company who has absconded or is about to leave Hong Kong to evade payment of personal debts due by him to the company, or of avoiding examination respecting the affairs of