Hong Kong – FEHD cancels licence of food factory in Sha Tin

FEHD cancels licence of food factory in Sha Tin

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     ​The Director of Food and Environmental Hygiene today (March 29) cancelled the licence of a food factory in Sha Tin, as the operator repeatedly breached the Food Business Regulation (FBR) by extending the business area illegally. The premises concerned have had to cease operation with immediate effect.
      
     The premises are located at Shop C on the ground floor of 32 Chik Chuen Street in Tai Wai.
      
     “Four convictions for the above-mentioned breach were recorded against the shop operator between October last year and January this year. A total fine of $10,100 was levied by the court and 90 demerit points were registered against the licensee under the department’s demerit points system. The contraventions resulted in the cancellation of the licence,” a spokesman for the Food and Environmental Hygiene Department (FEHD) said.
      
     The licensee concerned had a record of four convictions for the same offence between April and September last year. A total fine of $6,600 was levied and 60 demerit points were also registered, resulting in a seven-day and a 14-day licence suspension from August to September and December last year respectively.
      
     The spokesman reminded the licensees of food premises to comply with the FBR and other relevant regulations, or their licences could be suspended or cancelled.
      
     Licensed food premises are required to exhibit a sign at a conspicuous place near the main entrance, indicating that the premises have been licensed. A list of licensed food premises is available on the FEHD website (www.fehd.gov.hk/english/licensing/index.html).

Hong Kong – Licence of employment agency revoked

Licence of employment agency revoked

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     ​The Labour Department (LD) today (June 3) reminded operators of employment agencies (EAs) to conduct their business in compliance with the law and the requirements of the Code of Practice (CoP) for EAs at all times.
      
     The LD has revoked the EA licence of Best Ka Hei Employment Agency located in Kowloon City. The EA failed to meet the requirements as set out in the CoP, including failing to draw up service agreements with employers; failing to include all required items in the service agreements drawn up with employers and foreign domestic helpers (FDHs); failing to provide receipts after receiving payments from FDHs; failing to include all required items in the payment receipts issued to employers; failing to arrange for employers to sign an acknowledgement on receipt of publications and sample forms, and for them to be fully briefed by EAs about their rights and obligations; and failing to keep records relating to the dealings of employers and FDHs, including acknowledgement regarding their receipt of the signed standard employment contract.
      
     Under section 53(1)(c)(iva) of the Employment Ordinance (EO), the Commissioner for Labour may revoke the licence of an EA if he is satisfied that the licensee concerned has not complied with the CoP.
      
     An LD spokesman said, “The CoP sets out the salient legal requirements that EA operators must observe in operating their business, as well as the standards which the Commissioner expects from EAs. The Employment (Amendment) Ordinance 2018, which came into effect on February 9, 2018, stipulates that the Commissioner may refuse to issue or renew a licence, or may revoke a licence, if he is satisfied on reasonable grounds that the licensee or the person intending to be the licensee of an EA, or a related person of or an individual employed by the licensee or the person intending to be the licensee, has contravened any provision of Part XII or any regulation made under section 62 of the EO, such as overcharging job seekers or operating an EA without a licence, or has not complied with the CoP issued under section 62A(1) of the EO.”
      
     The LD has revoked the licences of a total of seven EAs since 2020, including the above case.
      
     For enquiries about matters related to EAs or complaints about alleged malpractices, please call the Employment Agencies Administration of the LD at 2115 3667, or visit its office at Unit 906, 9/F, One Mong Kok Road Commercial Centre, 1 Mong Kok Road, Kowloon.