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Criminal liability often requires law enforcement organizations to prove the criminal conduct and intent of the offender (i.e. the employer) to be convicted. However, under "strict liability offences", when it is proved that the employer or his representative, including the line managers or human resources manager, has committed a criminal act, even with no intention of committing a crime, careless mistakes or lacking legal knowledge cannot be used as a statutory defence, which may result in criminal conviction. In recent years, executive directors, managing staff, human resources managers, have been convicted of crimes due to reckless or ill-informed decisions, lacking legal knowledge or being misled by law enforcement organizations. For example, according to 2018 Immigration Department figures, there were 283 criminal offence cases for the wrongful employment of a person (Immigration Ordinance sections 17I and 17J), resulting in employers or managers being convicted on criminal offence relating to strict liability.

This seminar is aimed at raising awareness of employers and human resources professionals on "strict liability offences" in various human resources related legislations. It allows participants to understand potential risks concerned, and implement human resources measures ahead of time to justify and exonerate the potential legal liability in the event of related litigations.

Content:
1. What is a "strict liability offence"?

2. In the following human resources-related legislations, which part is strict legal liability (i.e. employers or human resources need to set higher standards and measures, and must not make mistakes)?

• Immigration Ordinance
• Employment Ordinance
• Employees' Compensation Ordinance
• Inland revenue Ordinance
• Personal Data Privacy Ordinance

3. Recent court case sharing on human resources/managers committing strict liability offences and resulting in employers to bear criminal responsibility

4. Statutory defence by employers and human resources

Most of the "strict liability offences" can be excused by the court before being convicted, i.e. whether the employer or human resources department has taken practical measures to prevent the offence as a statutory defence. What guidelines and lessons can be learnt from court cases from which employers or human resources need to take to avoid potential criminal liability?

5. Questions and Answers and Sharing


To minimize the risk of spreading the coronavirus, this informative session will be conducted in the format of a webinar. Upon successful registration, registrants will receive a confirmation email with a specific link to access the webinar 1 day before the event.

Speaker(s) Raymond Fung, Principal Consultant, Strategic Consulting Ltd
Raymond Fung has worked on various human resources management projects for over 250 US, European and Mainland corporate clients in the past 20 years. He has assisted clients in handling many human resources disputes and litigations with legal teams in the Labour Tribunal, the District Court and the High Court. He has a deep understanding of the law concerning human resources. Raymond has conducted over 250 public seminars on the laws relating to human resources in the past 20 years. He has also taught in different enterprises, local and overseas universities, tertiary institutions and professional organizations. All in all, he has trained more than 80,000 management and professionals, and is a three-time winner of the Award for Excellence in Training and Development.

Raymond graduated from several prestigious universities in the UK, with a Master of Industrial Relations and a Master of Business Administration. He has been the Director of Training, Director of Human Resources, and General Manager of different listed companies, and possesses extensive experience in human resources and corporate management.
Language Cantonese
Date and Time 2020/04/08 09:30 to 12:00
Venue This event will take place online
Media Closed to media
Enquiries Cathy Chan
Tel: 28231282
Email: cathy@chamber.org.hk
Fee Members @ HK$380 / Non-Members @ HK$770
+$50 for booking offline
This event accepts Chamber Coupon (terms and conditions)
Members enjoy 30% discount with BOC HKGCC VISA Card
Notes - Details about how to join the webinar will be sent by e-mail. Zoom is available on both desktop and mobile devices.
- Bookings are only confirmed upon receipt of payment, on a first come first served basis.
- Booking transfer is allowed for corporate members with advanced notice, walk-ins are normally not accepted.
- The Chamber reserves the right to decline any booking or cancel the event. In such case, a full refund of the participation fee will be issued.
- No refund will be made for last minute cancellations or no-shows. If the booking is cancelled at least 7 days before the event, and in such cases the refund will be subjected to a 10% administration fee, or HK$100 deduction, whichever is higher.
- Members paying with their BOC HKGCC Visa Card will enjoy a 30% discount on their reservation. The discount is only applicable to the card holder, and does not extend to their guests. The discount cannot be used in conjunction with Chamber Coupons.
- A $50 handling fee per person will be charged for all offline bookings (e.g. fax, e-mail, post) for all Chamber events. Go online today by downloading our app or registering on the HKGCC website to save the environment and money.
- Priority is given to corporate members. The decision to accept or decline any booking shall be at sole discretion of the Chamber.
- Participants agree to indemnify the Chamber and the hosting party all liabilities for property damage, physical injury or death in relation to this event. Participants are advised to take their own insurance against all risks.