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Editorial | Joint effort required to improve worker safety at Hong Kong construction sites

  • Despite amendments to the law that now impose tougher penalties, an unacceptable number of deaths continues to plague the industry in Hong Kong

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A construction worker works at a construction site under hot weather in Kowloon City on June 12, 2024. Photo: Yik Yeung-man

Tougher penalties for workplace safety offences came into force more than a year ago. But that has not, so far, led so far to fewer industrial fatalities. The numbers may be a raw statistic that does not yet reflect expectations of improved safety records in the longer term. But they leave open the question of just what it takes to have a deterrent effect and what is needed from all stakeholders to make a real difference.

The Labour Department recorded 29 industrial accident deaths in the 13 months to the end of May – or since the tougher penalties came into force – compared with 24 in calendar year 2023 and 25 the year before.

Lawmakers are critical of continuing light penalties and low conviction rates. This is after they passed amendments to the Occupational Safety and Health Ordinance that raised the maximum penalty for serious work safety breaches from HK$500,000 to HK$10 million, and a two-year jail term.

The Legislative Council heard that, out of 111 prosecutions linked to eight industrial accidents, there was only one case where the hearing was concluded. The two proprietors of a non-construction industrial concern were fined HK$50,000 each.

“There are very few convictions and the penalties are very light,” legislator Stanley Ng Chau-pei, also the president of the Hong Kong Federation of Trade Unions, said. Ng Called on the government to carry out studies of more targeted measures to cut the death and injury toll in industry. Such suggestions to enhance the deterrent effect of increased penalties should be taken seriously.

Secretary for Labour and Welfare Chris Sun Yuk-han told Legco that officials had explained to the courts the legislative amendment’s intent to see major increases in penalties. “But, eventually, it is still up to the court ,” he said. Perhaps it is too early to draw conclusions, but the community is entitled to wonder why the consequences still do not seem to address the frequency and seriousness of work accidents.

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