Reform to Hong Kong’s occupational safety regime has long been seen as the solution to reducing industrial accidents. In April 2023, the Occupational Safety and Occupational Health Legislation (Miscellaneous Amendments) Bill 2022 was passed, bringing sweeping changes to the consequences of persons convicted of occupational safety and health offences (“OSH offences”).
The new regime means penalties for both employers and employees have taken a great leap and, together with the reform the Labour Department has also pledged to step-up enforcement in pursuing individual liability (including director’s and co-workers’ liability). The most drastic changes would be the introduction of indictment, meaning OSH offences can be tried in the District or even High Court. Under the reform, consultants and construction practitioners are no longer “immune” from being prosecuted (whether as a firm or as individual) of OSH offences, and are therefore exposed to the risk faced by contractors.
The presentation will also discuss how the reform is relevant to quantity surveyors and construction managers, what they can do to protect themselves as professional individuals and to the corporate that they work in.
Hong Kong Institute of Construction Managers (HKICM)
The Hong Kong Institute of Surveyors (Quantity Surveying Division)
|28 February 2024 (Wednesday)
|7:00 pm - 8:30 pm
|【Face-to-Face】Surveyors Learning Centre, Room 1207, 12/F, Wing On Centre, 111 Connaught Road Central, Sheung Wan, Hong Kong
Hinson CHEUNG (Partner, Pinsent Masons)
Hinson specialises in construction and engineering law. He is also dual qualified as quantity surveyor with 20 years’ experience in construction administration and law. Hinson is a full member of the HKIS, Fellow of the Chartered Institute of Arbitrators and the Hong Kong Institute of Arbitrators, and is a member of the HKIA & HKIS Joint Panel of Arbitrators and HKIS Panel of Adjudicator. Hinson is a Solicitor Advocates meaning that Hinson has been granted Higher Rights of Audience from the judiciary, to advocate with recognised competence and advocacy rights comparable to barristers in the Hong Kong courts. He is also a part-time lecture at the Department of Real Estate and Construction, HKU, delivering construction and arbitration law lectures to post-graduate. Hinson’s practice also includes an established track record of health and safety and regulatory cases and has handled more than 300 summonses including the most high-profile cases, and various Magistracy appeals.
Bernice SHANG (Associate, Pinsent Masons)
Bernice’s practice focuses on contentious legal work on construction and civil engineering projects. She has assisted in high value local and international arbitrations, and defended contractors in health and safety prosecutions. Bernice holds a Diploma in International Commercial Arbitration and is also a Fellow of the Chartered Institute of Arbitrators and Hong Kong Institute of Arbitrators.
|Cantonese supplemented by English
|HKICM and HKIS members; first-come-first-served
|HKICM and HKIS Member - HK$150.00
Non-member HK$ 210.00
|21 February 2024 (Wednesday)