About the Speakers

Alvin's practice focuses on the contentious aspects of infrastructure projects and regulatory actions in the construction sector concerning Health and Safety, Environment and Disciplinary issues.  He provides client with advices on all aspects of investigations and proceedings commenced by the Labour Department, ICAC and other law enforcement agencies.  Alvin's extensive experience acting on disputes arising from infrastructure projects for both contractors and employers gives Alvin an excellent insight of what is required to defend contractors and individuals in these regulatory proceedings. 

Hinson specialises in contentious construction law and health and safety proceedings. Hinson was a quantity surveyor before joining the legal profession. He is experienced in working with experts of various fields. Hinson regularly advises both international and local contractors, from the accident investigation stage, up to conclusion of the subsequent legal proceedings. He has handled many large and complex health and safety proceedings and is experienced in advising clients how to handle on the relevant statutory enforcement departments, such as the Labour Department and the Environmental Protection Department.

Abstract

Following the recent spate of high-profile industrial accidents, the employers, contractors and the public are becoming more concerned with protection of the health and safety ("H&S") of workers in the construction industry. The Labour Department and other law enforcement agencies have also stepped up and taken vigorous enforcement actions to punish violation of occupational safety and health by issuing suspension notices and initiating prosecutions.

As a result, handling H&S and other regulatory prosecutions has become an indispensable part of those working in Hong Kong building and construction industry. Given the profound effect that H&S prosecutions and convictions had on a contractor's reputation and ability to tender for new public projects, effective measures to defend and manage these prosecutions are essential.

This CPD will provide an overview of the Hong Kong H&S regime; the workflow from accidents to prosecutions and the challenges commonly faced by employers and contractors in defending these summonses. It will also provide the practical dos and don’ts in dealing with the enforcement agencies during the investigation stage. As a construction professional handling Hong Kong projects, you should attend this talk to understand these summonses and their impact.