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The Labour Department yesterday took the first step in appealing against a suspended jail sentence for an employer who was convicted of wage offences.

The move came in response to a public outcry that a one-month jail term, suspended for two years, was too light for restaurateur Chan Wing-fai,  who had failed to pay $36,500 in salaries to three former employees.

The application for a review was submitted yesterday to Kowloon City Court. If it is rejected by a magistrate, the Labour Department will still have the legal option of taking the appeal against the leniency of the sentence to the High Court.

Chan was the first employer to receive a custodial sentence for wage offences, which had until then  been dealt with by fines.

'The last sentence was too light and did not produce enough of a deterrent,'  said Yuen Fuk-woo, vice-chairman of Eating Establishment Employees General Union.

'The employer has been recognised as a black sheep in the catering industry and should be given an immediate jail sentence.'

In another court case, a printing company manager was on Monday convicted of wage offences and was fined $15,000 and sentenced to 14 days in jail, suspended for two years.

Lee Yuk-nam  of Creative Mind Printing Production Company had failed to pay an employee $60,900 worth of wages and annual leave pay.

A spokesman for the Labour Department said staff from the department were reviewing the sentence with the Department of Justice.

Separately, all the owners of the three restaurant chains that closed last month  have been located by the Labour Department. They all owe their employees  back-wages.

The owner of Shau Kei Wan's Royalty Restaurant  is to meet with the restaurant's 49 employees next week in a conciliation meeting, the department spokeswoman said.

Owners of Fook Sing  and Hang Ho restaurants said they  did not have the money to pay former employees.



Restaurateur's sentence to be appealed