你可以做什麼？（2007年9月更新內容）

2007/09/07

羅主席：

To Mr Victor Lo Chung Wing
Chairman and CEO
Gold Peak Industries (Holdings) Limited
8/F Gold Peak Building, 30 Kwai Wing Road
Kwai Chung, Hong Kong SAR
+ 852 2480 5912

貴集團轄下的金山電池，由於長期忽略生產安全，導致大陸三間工廠和香港的廠房分別有11個和3個工人中毒，400多個和21個工人鎘超標。

事件發生至今兩年多，金山工業集團仍然沒有負起責任：

In 2004, due to GP's long-term negligence on occupational safety, some 400 workers from at least four GP factories (three in China and one in Hong Kong) have been found to have excessive cadmium levels while today 21 workers have already been diagnosed as having cadmium poisoning. However, until today GP has not taken full responsibility.

金山集團仍然認為那一筆三千至八千元已經是法律以外的額外「補助」，至今集團再沒有對工人作出賠償。許多鎘超標的工人離職以後都找不到工作，生活困難，要求恢復勞動關係。但是到5月底為止廠方只同意把達到中毒的工人先恢復勞動關係，而超標的離職工人一個也未被接納。其實恢復中毒工人的勞動關係對於金山集團來說不會增加額外的負擔，因為達到中毒程度的工人，廠方一定要負擔他們的醫療費，誤工費和營養費等等，我們認為恢復那些超標的離職工人的勞動關係更重要，因為他們受歧視找不到工作，沒有收入，生活最艱難。對於這一批工人，到6月底為止廠方只是拋出一句﹕如果工人願意復工，要按新員工算。但工人不願意接受這個條件而復工。
The affected workers suffer from many kinds of health problems. Many have found it hard to get employment from other factories because of their excessive cadmium levels. Workers suffered from physical, spiritual and economical losses. However, the victims have not received any compensation except a small sum of 'subsidy' ranging from 3000-8000 Yuan.
Many have found it hard to get employment from other factories because of their excessive cadmium levels. Workers suffered from physical, spiritual and GP still refused to pay any compensation to the workers. Many affected workers face economic difficulty after leaving GP because they could not find a new job. Now workers demand reinstatement. In May 2007, GP only promised to reinstate those being diagnosed as having cadmium poisoning though no actual action was taken until today. However, workers with excessive cadmium levels are the most needed group to be reinstated as many are in dire situation, i.e. they are discriminated to get a job and no income, etc. In September, GP rejected the option of reinstatement.
On February 27, 2006 Guangdong Hospital for Treatment and Prevention of Occupational Diseases diagnosed that Xiang Zhiqing, a female ex-GP, as having cadmium poisoning. However she has not been able to get any workplace injury compensation.
Starting from March 2007, after fighting with GP for more than one year, Ms. Xiang was finally given back all the benefits a worker with cadmium poisoning should get such as delayed wages, phone card, milk and nutrition fee and in June 2007, she also received the workplace injury status. This is the result of her uncompromising strength to fight for her legal right as a patient of an occupational disease.
148案件是指超標工人早在2005年底因廠方提供的不合法體檢而做過抗議沒有成功而訴之於法律的一個案件。2006年9月，工人把超霸公司告上法庭。在2006年12月26日，工人和廠方達成協定，超標工人2007年初開始分五批在惠州市職防院做檢查，誤工費、伙食費、路費全額報銷。現在體檢是在有規格的醫院及在醫務人員監視下脫衣洗澡和取尿樣。這是工人運用法律來維護自己的權益的一次小勝利。
GP workers (mostly women) have been humiliated while undergoing annual check ups by being ordered to undress and take showers, under the surveillance of unidentified persons, before taking urine samples.
Through a collective (148 workers) court case with GP in September 2006, the worker representatives came up with an agreement with GP in December 06: GP should provide annual check ups for the affected workers with proper procedures in a qualified hospital. In addition, workers' meals, wages and travel expenses during the check ups will be reimbursed.
After the worker poisoning was exposed, GP claimed they stopped cadmium-nickel battery production. In fact, GP only sub-contracted the cadmium-nickel battery production to another factory in Hunan which reportedly has substandard health and safety measures and does not tell workers that cadmium is poisonous.
GP never responds to this point.
雖然工人之後再沒有集體去上訪了，但是工人還是不斷收到來自官方的警告和忠告﹕例如“雖然你們去國外沒有說政府的壞話，但是你們把這些事到國外說就是出國家的醜，是與國家過不去啊，家醜不可外揚。你們好自為之吧。”“你們跑到哪里去最終還是要到惠州解決。你們不要給自己和政府找麻煩!”(25.7.2006) 等等威嚇性的言詞。
GP denied the legitimate right of the workers to petition. In September 2004, GP colluded with the mainland local government to issue a statement which threatened to prosecute the workers with criminal charges if they dared petition the central authority again.
Either GP or the Huizhou local authority never respond to this point but workers and their representatives are always being warned and threatened by the government officials during the meetings: "Though you did not bad-mouth the government, it is already a shame for the state by bringing the case abroad. This is an act against the state and you need to think twice before you do this." "No matter where you go, you have to come back to Huizhou to solve your problem. You should create trouble for yourself and the government!” (more in attachment)
現在捷霸留下來的觀察對象和中毒的共15人（包括住省職防院的兩名工人），其他都離職了。最後捷霸方案跟2004年惠州超霸及先進工人的賠償方案一樣，但離職的捷霸工人收到工會額外送贈的5000元慰問金。捷霸對留下來的觀察對象的體檢問題採取拖延的態度，為了工作工人也不得要領。
Recently, workers in GP’s Shenzhen plant JetPower were also found with excessive cadmium levels. However, GP's offer for the affected workers was extremely unreasonable. The workers could only get some 'subsidy' if they agreed to quit the job in a very short deadline. However, from the very beginning, GP should not impose such conditionality for any compensation. Such conditionality only means to get rid of the workers.
Today only around 15 workers still keep the employment relationship with JetPower plant. Among them, 10 are working and 5 with cadmium poisoning are being hospitalized. Most of the workers got the same deal like the Huizhou PP and ABT had before, plus an extra amount of 5000 Yuan paid by the Shenzhen ACFTU. Among the five workers with cadmium poisoning, three went back to their own town to get their body check ups due to the deliberate delay of JetPower management.