The director was also ordered to pay approximately HK$93,000 in outstanding wages to the affected employees.
The Labour Department prosecuted the director and convicted her on the basis that the offences were committed with her consent, connivance, or neglect.
The sentence serves as a stark reminder that breaches of Hong Kong employment legislation can carry serious criminal consequences not just for the company but also its directors. Under section 63C of the EO, an employer who wilfully and without reasonable excuse fails to pay wages when they become due commits a criminal offence punishable by a fine of up to HK$350,000 and imprisonment for up to three years.
Crucially, corporate status provides no shield. Under section 64B of the EO, where an offence is committed by a corporate entity and it is proven to have been committed with the consent or connivance of, or to be attributable to the neglect of, any director, manager, or similar officer, that individual is personally liable for the offence and liable to the same penalties.
The Labour Department's enforcement activity is not merely theoretical. According to the Hong Kong Government's 2026–27 Budget estimates, the Labour Department pursued 2,756 prosecutions in respect of employees' rights and benefits in 2025, following 3,592 prosecutions in 2024, with an estimated 2,800 planned for 2026. These figures are supported by approximately 150,000 workplace inspections conducted annually.
The Labour Department regularly issues press releases publicising convictions of employers and directors for EO offences. In recent months there has been multiple convictions for the same core offending, namely failing to pay employees' wages and/or Labour Tribunal awards on time, with fines imposed ranging from HK$66,000 to HK$117,000 as well as a suspended sentence of imprisonment for a director in July 2026. The range of sentences reflects the courts' willingness to escalate penalties in line with the seriousness and persistence of the offending.
Directors and senior officers are reminded to ensure that wages, termination payments, and tribunal awards are paid within the statutory deadlines, and treat payroll compliance as a non-negotiable governance priority rather than an afterthought left to the accounts department.
