A main contractor and two subcontractors have been fined more than HK$900,000 each for their role in the death of a 38-year-old worker who was electrocuted while handling wiring for solar panels during wet weather at the Hong Kong Science Park three years ago.
Magistrate Jeffrey Sze Cho-yiu said China Power International Development, the main contractor for solar panel installation works at the park, had not conducted any on-site supervision “in the slightest”.
The project involved three subcontractors: A Kourage, Skynet Engineering Company and Towngas-China Power (HK) Integrated Energy Company – a joint venture between China Power and the Hong Kong and China Gas Company.
The magistrate said each tier had committed “serious negligence” by failing to ensure safety measures were in place.
He pointed out that Towngas-China Power, which was supposed to handle operational works, had not even inspected the sites or ensured workers had completed the relevant safety training.
The West Kowloon Court previously heard that the victim, an apprentice electrician, was asked to connect the wiring for the solar panels without wearing insulated gloves, a necessary safety item that was not provided by the employer.
The worker also did not have the qualifications to carry out such work.
While China Power, Towngas-China Power and A Kourage denied any role in the worker’s death, the court found them guilty of a total of more than 20 summary charges, including failing to take measures to prevent electrical hazards.
A Kourage was fined HK$904,250 while the other two companies were fined HK$908,000 each.
The charges against the companies all fall under the Factories and Industrial Undertakings Ordinance and the Occupational Safety and Health Ordinance.
Sze noted the two ordinances were amended in 2023 to increase the relevant penalties.
Under the legislation, offenders can face a fine of up to HK$10 million and a maximum prison sentence of two years.
The magistrate said that when determining the appropriate sentence, cases involving casualties carried a certain weight.
Looking at the evidence, Sze said China Power was only concerned about transferring the project to Towngas-China Power.
“There was never any intention to fulfil the duties of a main contractor right from the bidding stage,” he said.
Sze said China Power and the joint venture firm had committed serious negligence and had failed to report the incident to authorities within seven days of its occurrence.
He added that A Kourage had equally contributed to the serious negligence as it had not taken up any supervisory duties after commissioning Skynet Engineering and another company to hire electricians.
A Kourage also failed to ensure the two latter companies had exchanged communications about workplace safety, he added.
Sze also stressed that Skynet Engineering nonetheless bore the primary liability as it must have known that the deceased was not a registered electrical worker and should not have performed high-risk work.
Skynet Engineering pleaded guilty to ordering an unauthorised person to enter a designated area without supervision and several other charges before trial. It was fined HK$417,000 after the court applied a discount to reflect the plea.
Esther Tse Yan-yin, an organiser for the Association for the Rights of Industrial Accident Victims, welcomed the verdict and said the ruling reflected the gravity of fatal industrial accidents.
She noted that the penalty was “fairly heavy” compared with other fatal accidents that led to prosecutions and expressed hope that it would send a clear message that breaching occupational safety rules would lead to serious consequences. -- SOUTH CHINA MORNING POST
