ENG-2004 — Page 193

Employment | 159

The Employees Compensation Assistance Scheme provides a safety net for injured employees or family members of deceased employees so that they can receive assistance from the scheme in cases where employers default payment of compensation for work-related injuries. The scheme is financed by a levy imposed on all employees' compensation insurance policies taken out by employers.

Minor Employment Claims Adjudication Board

The Minor Employment Claims Adjudication Board adjudicates claims under the Employment Ordinance and in accordance with individual employment contracts. The board hears and determines employment claims involving not more than 10 claimants for a sum of money not exceeding $8,000 per claimant. During the year, the board concluded 2 594 cases and made awards amounting to $5.9 million.

Labour Tribunal

The Labour Tribunal is part of the Judiciary and provides a quick, inexpensive and informal method of adjudicating disputes between employees and employers, which are not within the exclusive jurisdiction of the Minor Employment Claims Adjudication Board.

In 2004, there were 8 273 cases filed in the tribunal, of which 8 210 were initiated by employees and 63 by employers. Of these, 87.5 per cent were referred by the Labour Relations Division of the Labour Department after unsuccessful conciliation attempts. During the year, the tribunal dealt with 8 622 cases and made awards amounting to more than $488 million, down by 2 763 cases and $217 million compared to 2003.

Stepping Up Enforcement Against Wage Offences

To expedite investigation and prosecution of wage offences, the Labour Department has a dedicated division to conduct in-depth and prompt investigation into suspected breaches of the Employment Ordinance. In 2004, the department secured convictions for 504 summonses on wage offences, representing an increase. of 13.3 per cent over 445 summonses in 2003. The highest fine recorded in a case involving wage offences in 2004 was $140,000, compared with $50,000 in 2003. The department has taken swift action to detect wage offences through inspections of targeted workplaces. It has also strengthened its educational and promotional efforts to remind employers of their statutory obligations to pay wages on time and to educate employees on the right to lodge claims and the importance of serving as prosecution witnesses.

Imported Workers

General Policy on Entry for Employment

The Immigration Department is responsible for handling matters relating to the entry of foreigners for employment. Foreigners may work or invest in Hong Kong if they possess special skills, knowledge or experience of value to and not readily. available in Hong Kong and are employed with a remuneration broadly commensurate with the market level, or they can make a substantial contribution to the economy.