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工厂及工业经营条例英文版

来源: 时间:2018-11-23 16:23:06

工厂及工业经营条例(英文版)

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE (CHAPTER 59) CONTENTSSection1. Short title2. Interpretation3. Appointment of Commissioner and other officers4. Powers of officers5. Duty of public officers not to disclose source of complaint, etc.6. Employment not to be terminated, etc. by reason of fact that employee has given evidence in proceedings under Ordinance, etc.6A. General duties of a proprietor6B. General duties of persons employed6C. Meaning of "at work"7. Power of Commissioner for Labour to make regulations, etc.8. Governor in Council may amend the Schedules9. Notification of workplaces9A. Prohibition notices10. Offences and penalties11. Power to make orders as to dangerous conditions and practices11A. Inquiry by chief factory inspector in case of accident11B. Power of Commissioner or deputy commissioner to hold formal inquiry11C. Saving12. Continuing offences13. Liability of proprietor14. Liability of directors, partners, etc.14A. Protection of public officers15. Procedure16. Presumptions17. Prosecution of offences18. Onus of proving limits of what is practicable, etc.19. Civil liabilityFirst Schedule Dangerous tradesSecond Schedule Scheduled tradesThird Schedule Specified structures and worksTo amend the law relating to factories and industrial undertakings and tothe employment of women, young persons and children therein.[29 September 1955] Whole Document1. Short titleThis Ordinance may be cited as the Factories and Industrial UndertakingsOrdinance.2. Interpretation(1) In this Ordinance, unless the context otherwise requires-"bodily injury" includes injury to health;"child" has the meaning assigned to it in the Employment Ordinance (Cap.57); (Replaced 55 of 1979 s. 2)"Commissioner" means the Commissioner for Labour appointed under section3, and, except where the expression "Commissioner for Labour" is used,includes any deputy commissioner, any assistant commissioner and anyperson appointed as a senior labour officer, a labour officer, anoccupational health consultant, a senior occupational health officer, anoccupational health officer, an occupational hygienist, a chief factoryinspector, a deputy chief factory inspector, a superintendent of factoryinspectors or a divisional factory inspector; (Replaced 72 of 1970 s. ended 73 of 1977 s. 2; L. N. 248 of 1982; 37 of 1983 s. 2) "constructionwork" means-(a) the construction, erection, installation, reconstruction, repair,maintenance (including redecoration and external cleaning), renewal,removal, alteration, improvement, dismantling, or demolition of anystructure or works specified in the Third Schedule;(b) any work involved in preparing for any operation referred to inparagraph (a), including the laying of foundations and the excavation ofearth and rock prior to the laying of foundations;(c) the use of machinery, plant, tools, gear, and materials in connexionwith any operation referred to in paragraph (a) or (b); (Added 52 of 1973s. 2)"container" means an article of transport equipment-(a) of a permanent character and accordingly strong enough to be suitablefor repeated use;(b) specially designed to facilitate the transport of goods, by one ormore modes of transport, without intermediate reloading;(c) designed to be secured or readily handled or both and having cornerfittings for these purposes; and(d) of a size such that the area enclosed by the 4 outer bottom corners iseither-(i) at least 14 square metres; or(ii) at least 7 square metres if it is fitted with top corner fittings;(Added 32 of 1992 s. 2)"contractor", in relation to construction work, means any person or firmengaged in carrying out construction work by way of trade or business,either on his own account or pursuant to a contract or arrangement enteredinto with another person, including the Crown or any public body; (Added52 of 1973 s. 2)"corner fittings" means an arrangement of apertures and faces either atthe top or at the bottom or both at the top and the bottom of a containerfor the purposes of handling, stacking and securing or any of thesepurposes; (Added 32 of 1992 s. 2)"dangerous trade" means any trade, process or occupation specified in theFirst Schedule;"factory" means any premises or place, (other than a mine or quarry), inwhich articles are manufactured, altered, cleansed, repaired, ornamented,finished, adapted for sale, broken up or demolished or in which materialsare transformed, and within the close or curtilage or precincts of which-(Amended 4 of 1969 s. 2)(a) any machinery other than machinery worked entirely by hand is used; or(b) 20 or more persons are employed in manual labour; (Replaced 37 of 1983s. 2)"industrial undertaking" includes-(a) any factory;(b) any mine or quarry; (Amended 4 of 1969 s. 2)(c) any industry in which articles are manufactured, altered, cleansed,repaired, ornamented, finished, adapted for sale, broken up or demolished,or in which materials are transformed, including shipbuilding;(d) the generation, transformation, and transmission or electricity ormotive power of any kind;(e) any construction work; (Replaced 52 of 1973 s. 2)(f) the loading, unloading, or handling of goods or cargo at any dock,quay, wharf, warehouse or airport; (Replaced 52 of 1973s. 2 Amended 73 of1977 s. 2)(fa) the loading, unloading, handling, stacking, unstacking,storing, keeping or maintaining of containers; (Added 32 of 1992 s. 2) (g)the carriage of coal, building materials, or debris; (Added 52 of 1973 s.2)(h) the transport of passengers or goods by road, rail, cableway or aerialropeway; (Replaced 19 of 1976 s. 32. Amended 77 of 1990 s. 2)(ha) the preparation of food for consumption and sale on the premiseswhere it is prepared; (Added 77 of 1990 s. 2)(i) any premises or site in or upon which, and the machinery, plant,tools, gear and materials with Which, any of the foregoing industrialundertakings is carried on; (Added 37 of 1978 s. 2)"inspector" means any person appointed under section 3 as chief factoryinspector, a deputy chief factory inspector, a superintendent of factoryinspectors, a divisional factory inspector, a factory or an assistantfactory inspector, a chief labour inspector, a senior labour inspector ora labour inspector; (Replaced 10 of 1965 s. 2. Amended 73 of 1977 s. 2; 37of 1983 s. 2)"mine" means any works or system of works for the extraction of mineralsfrom the earth; (Replaced 4 of 1969 s. 2)"mineral" includes-(a) metalliferous ores and other substances in their natural state whichare obtainable only by mining or in the course of prospecting operations;(b) metalliferous ores and other substances in their natural state minedor obtained in the course of prospecting operations;(c) the valuable parts of such ores or other substances whenunmanufactured;(d) the product of treating or dressing such ores or other substances formarketing or export; and(e) kaolin, but does not include--(i) any clay other than kaolin;(ii) granite, porphyry, limestone or sand;(iii) any common mineral substance which the Governor by notice in theGazette under the Mining Ordinance (Cap. 285) has declared not to be amineral for the purposes of the provisions of that Ordinance other thansection 3 thereof, or(iv) any mineral oil; (Added 4 of 1969 s. 2)"notifiable workplace" means--(a) any factory, mine or quarry; and(b) any premises or place in which a dangerous trade or scheduled trade iscarried on or is proposed to be carried on,but does not include a construction site within the meaning of theConstruction Sites (Safety) Regulations (Cap. 59 sub. leg.); (Added 50 of1985 s. 2) "prohibition notice" means a notice issued under section 9A(1); (Added 50 of 1985 s. 2)"proprietor" in relation to any industrialundertaking or notifiable workplace includes the person for the time beinghaving the management or control of the business carried on in suchindustrial undertaking or notifiable workplace and includes a bodycorporate and a firm and also the occupier of any industrial undertakingor notifiable workplace and the agent of such occupier; (Amended 50 of1985 s. 2; 71 of 1989 s. 2)"quarry" means any works or system of works the principal purpose of whichis to extract from the earth for commercial purposes any granite, porphyryor limestone; (Added 4 of 1969 s. 2) "scheduled trade" means any trade,process or occupation specified in the Second Schedule;"young person" has the meaning assigned to it in the Employment Ordinance(Cap. 57). (Replaced 55 of 1979 s. 2)(2) A woman, young person or child who works in an industrial undertaking,whether for wages or not, either in a process or in cleaning any part ofthe industrial undertaking used for any process, or in cleaning or oilingany part of the machinery or plant, or in any other kind of workwhatsoever incidental to or connected with the process, or connected withthe article made or otherwise the subject of the process therein, shall bedeemed to be employed therein for the purposes of this Ordinance or anyproceedings thereunder. (Added 51 of 1961 s. 2)(3) None of the provisions of this Ordinance shall apply to- (Amended 73of 1977 s. 2; 11 of 1980 s. 2)(a) any undertaking which is not carried on by way of trade or forpurposes of gain; or(b) any agricultural operation. (Amended 77 of 1990s. 2)(c) (Repealed 77 of 1990 s. 2)(Amended 50 of 1985 s. 2)3. Appointment of Commissioner and other officersThe Governor may appoint a Commissioner for Labour, deputy commissionersfor labour, assistant commissioners for labour, senior labour officers,labour officers, assistant labour officers, occupational healthconsultants, senior occupational health officers, occupational healthofficers, assistant occupational health officers, occupational hygienists,assistant occupational hygienists, a chief factory inspector, deputy chieffactory inspectors, superintendents of factory inspectors, divisionalfactory inspectors, factory or assistant factory inspectors, chief labourinspectors, senior labour inspectors and labour inspectors and such otherofficers as he may consider necessary for carrying out the purpose of thisOrdinance.(Replaced 10 of 1965 s. 3. Amended 4 of 1969 s. 3; 72 of 1970 s. 3; 73 of1977 s. 3; L.N. 248 of 1982; 37 of 1983 s. 3; 71 of 1989 s. 3)4. Powers of officers(1) The Commissioner and any assistant labour or occupational healthofficer appointed under section 3, any occupational hygienist, anyinspector, and any other officer authorized in writing generally orparticularly by the Commissioner for Labour shall have the followingpowers-(Replaced 10 of 1965 s. 4. Amended 73 of 1977 s. 4; 71 of 1989 s.4)(a) to enter, inspect and examine at all reasonable times, by day andnight, any premises or place in which he knows or has reasonable cause tobelieve that an industrial undertaking is being carried on;(b) (Repealed 73 of 1977 s. 4)(c) to require the production of any register or other document requiredto be kept under this Ordinance and inspect, examine and copy the same;(d) to make such examination and inquiry as may be necessary to ascertainwhether the requirements of this Ordinance are complied with, and seizeanything which may appear to be evidence of an offence against thisOrdinance;(e) to examine, either alone or in the presence of any other person, as hethinks fit, respecting matters under this Ordinance, any person whom hefinds in any industrial undertaking or whom he has reasonable cause tobelieve has been within the preceding 2 months employed in any industrialundertaking, or require any such person to be so examined and to sign adeclaration of the truth of the matters respecting which he has been soexamined; (Amended 4 of 1969 s. 4)(f) to require any person who employs or has employed any woman, youngperson or child in an industrial undertaking or any agent or servant ofany such employer to give to him all information in the possession of suchperson, agent or servant with reference to such woman, young person orchild and to the labour conditions and treatment of every woman, youngperson and child employed by such employer;(g) to remove and detain for inquiries in a place of refuge appointedunder any Ordinance for the time being in force relating to women, youngpersons or children any young person or child whom he finds in any placein or in respect of which he has reasonable cause to suspect that anoffence against this Ordinance has been committed;(h) to require theposting up, in such place and manner and for such period as he may direct,of any notice in connexion with the provisions of this Ordinance or anymatter related to the manufacture carried out, or machinery, plant,process or persons employed in any industrial undertaking; and (Amended 11of 1980 s. 3)(i) any other powers which may be conferred by any regulation made underthis Ordinance.(2) Any Health Officer, any officer of the Fire ServicesDepartment with the written authority of the Director of Fire Services andany officer specially authorized by the Commissioner for Labour may,subject to such directions as the Commissioner for Labour may impose, atany time enter and inspect any industrial undertaking for the purpose ofascertaining whether the requirements of this Ordinance are complied with.(Amended 11 of 1980 s. 3)(i) any other powers which may be conferred by any regulation made underthis Ordinance.(2) Any Health Officer, any officer of the Fire ServicesDepartment with the write authority of the Director of Fire Services andany officer specially authorized by the Commissioner for Labour may,subject to such directions as the Commissioner for Labour may impose, atany time enter and inspect any industrial undertaking for the purpose ofascertaining whether the requirements of this Ordinance are complied with.(Amended 42 of 1961 s. 2; 4 of 1969 s. 4)(2A) An officer exercising any power conferred on him by subsection (1)may take with him any person, whether a public officer or not, whom he mayreasonably need to assist him in carrying out his duties under thisOrdinance and in particular may , for his assistance, take persons whohave been engaged by the Commissioner for Labour, on account of theirspecial expertise, to advise the Commissioner on the safety and health ofpersons employed in industrial undertakings. (Added 73 of 1977 s. 4)(2B) A person who accompanies an officer pursuant to subsection (2A)-(a) may give to the officer such assistance in the exercise of any powerconferred on him by subsection (1) as the officer may reasonably require;(b) shall be deemed to be a public officer for the purposes of sections 5and 6. (Added 73 of 1977 s. 4)(3) The powers conferred by this Ordinance on any officer shall be inaddition to and not in substitution for any other powers which suchofficer may possess.5. Duty of public officers not to disclose source of complaint, etc.(1) Save as provided in subsection (4), no public officer shall discloseto any person, other than another public officer in the course of officialduty, the name or identity of any person who has made a complaint alleginga contravention of any of the provisions of this Ordinance or as a resultof which a contravention of any such provision has come to his notice orto the notice of any other public officer. (Amended 11 of 1980 s. 4)(2) No public officer shall disclose to the proprietor of an industrialundertaking or his representative or to any other employer who is carryingon business in the industrial undertaking or his representative that avisit to the industrial undertaking was made in consequence of the receiptof any such complaint as is referred to in subsection (1).(3) Save as provided in subsection (4), where, arising out of, or inconnexion with, the enforcement of any of the provisions of thisOrdinance, any manufacturing or commercial secret or any working processcomes to the knowledge of a public officer, such officer shall not at anytime and notwithstanding that he is no longer a public officer disclosesuch secret or process to any person.(4) Where in any proceedings a court or a magistrate considers thatjustice so requires, the court or magistrate may order the disclosure ofthe name or identity of any person who has made any such complaint as isreferred to in subsection (1) or the disclosure of any such secret orprocess as is referred to in subsection (3).(Added 51 of 1961 s. 3)6. Employment not to be terminated, etc. by reason of fact that employeehas given evidence in proceedings under Ordinance, employer shall terminate, or threaten to terminate, the employment of,or in any way discriminate against, any of his employees by reason of thefact that the employee has-(a) given evidence, or agreed to give evidence, in any proceeding for theenforcement of any of the provisions of this Ordinance; or(b) given information to a public officer in any inquiry made by suchofficer for the purposes of or in connexion with the enforcement of any ofthe provisions of this Ordinance.(Added 51 of 1961 s. 3. Amended 4 of 1969 s. 5)6A. General duties of a proprietor(1) It shall be the duty of every proprietor of an industrial undertakingto ensure, so far as is reasonably practicable, the health and safety atwork of all persons employed by him at the industrial undertaking.(2) Without prejudice to the generality of a proprietor's duty undersubsection (1), the matters to which that duty extends include inparticular-(a) the provision and maintenance of plant and systems of work that are,so far as is reasonably practicable, safe and without risks to health; (b)arrangements for ensuring, so far as is reasonably practicable, safety andabsence of risks to health in connection with the use, handling, storageand transport of articles and substances;(c) the provision of such information, instruction, training andsupervision as is necessary to ensure, so far as is reasonablypracticable, the health and safety at work of all persons employed by himat the industrial undertaking;(d) so far as is reasonably practicable as regards any part of theindustrial undertaking under the proprietor's control, the maintenance ofit in a condition that is safe and without risks to health and theprovision and maintenance of means of access to and egress from it thatare safe and without such risks; and(e) the provision and maintenance of a working environment for all personsemployed by him at the industrial undertaking that is, so far as isreasonably practicable, safe, and without risks to health.(3) Subject to subsection (4), a proprietor of an industrial undertakingwho contravenes this section commits an offence and is liable to a fine of$ 30,000.(4) A proprietor of an industrial undertaking who contravenes this sectionwilfully and without reasonable excuse commits an offence and is liable toa fine of $ 30,000 and to imprisonment for 6 months.(Added 71 of 1989 s. 5)6B. General duties of persons employed(1) It shall be the duty of every person employed at an industrialundertaking while at work-(a) to take reasonable care for the health and safety of himself and ofother persons who may be affected by his acts or omissions at work; and(b) as regards any duty or requirement imposed on a proprietor of theindustrial undertaking or on any other person by this Ordinance forsecuring the health and safety of persons employed at the industrialundertaking, to co-operate with him so far as is necessary to enable thatduty or requirement to be performed or complied with.(2) A person whocontravenes subsection (1) commits an offence and is liable to a fine of$ 10,000.(3) A person employed at an industrial undertaking who wilfully andwithout reasonable excuse does anything while at work likely to endangerhimself or other persons commits an offence and is liable to a fine of$ 30,000 and to imprisonment for 6 months. (Added 71 of 1989 s. 5)6C. Meaning of "at work"For the purposes of sections 6A and 6B, a person is at work throughout thetime when he is in the course of employment, but not otherwise.(Added 71 of 1989 s. 5)7. Power of Commissioner for Labour to make regulations, etc.(1) The Commissioner for Labour may in respect of industrial undertakingsby regulation prescribe or provide for-(a) prohibiting or controlling the employment of all persons or any classof persons in dangerous trades or scheduled trades;(b) prohibiting or controlling the employment of women, young persons andchildren in industrial undertakings, and requiring registers to be kept ofwomen, young persons and children employed in industrial undertakings; (c)imposing obligations for securing compliance with the provisions of thisOrdinance upon persons who employ women, young persons or children inindustrial undertakings and upon the agents and servants of such persons;(d) defining the duties and powers of all officers appointed under section3; (Amended 10 of 1965 s. 5)(e) exempting any industrial undertaking from the operation of thisOrdinance or any part thereof;(f) the forms to be used for the purposes of this Ordinance and the mannerof publishing such forms; (Replaced 50 of 1985 s. 3)(g) means of securing hygienic conditions;(h) means of ensuring the safety of persons in industrial undertakings andof relieving persons suffering from the effects of accidents in industrialundertakings; (Replaced 4 of 1969 s. 6)(i) means of securing the removal of any danger or defect;(j) requiring notifications to be made in relation to accidents and suchdangerous occurrences as may be specified in the regulations;(k) precautions to be taken against fire and providing for means of escapefrom fire;(l) the taking for purposes of analysis of samples of materialsor substances used or handled;(m) requiring notifications to be made in relation to the occurrenceamongst person who have been or are employed in industrial undertakings ofsuch diseases as may be specified in such regulations;(n) requiring the medical inspection by a Health Officer or by a medicalpractitioner employed by the proprietor of the industrial undertakingconcerned of any person or of any class of person employed or intended tobe employed in any industrial undertaking, and the keeping of records ofany such inspections; (Amended 4 of 1969 s. 6)(o) imposing duties onproprietors, contractors and persons employed; (Amended 52 of 1973 s. 3)(p) generally, carrying into effect the provisions of this Ordinance.(2) (a) Where the Commissioner for Labour is satisfied that anymanufacture, machinery, plant, process or description of manual labour,used in industrial undertakings is of such a nature as to cause risk ofbodily injury to persons employed in connexion therewith, or any class ofthose persons, he may, without prejudice to the generality of the power tomake regulations under subsection (1), make such special regulations asappear to him to be reasonably practicable and to meet the necessity ofthe case and in particular such special regulations may-(i) prohibit or control the employment of all persons or any class ofpersons in connexion with any manufacture, machinery, plant, process, ordescription of manual labour; or(ii) prohibit or control the use of any material or process; and mayimpose duties on proprietors, contractors, employed persons and otherpersons. (Amended 52 of 1973 s. 3)(b) Special regulations so made mayapply to all industrial undertakings in which the manufacture, machinery,plant, process, or description of manual labour is used or to anyspecified class or description of such undertaking, and may provide forthe exemption of any specified class or description of undertaking eitherabsolutely or subject to conditions.(3) All regulations made by the Commissioner for Labour shall be submittedto the Governor, and shall be subject to the approval of the LegislativeCouncil.(4) The Commissioner for Labour in such cases as he shall thinkfit may, for such period and subject to such conditions as he may specify,exempt any industrial undertaking from any regulation made under thisOrdinance and the Commissioner for Labour, or any officer authorized inwriting by him, may order the adoption of special precautions in additionto any precautions required by any regulation made under this Ordinance:(Amended 7 of 1959 s. 2; 4 of 1969 s. 6)Provided that any person aggrieved by such exemption or order may within14 days of being notified of such exemption or order appeal by way ofpetition to the Governor in Council, whose decision shall be final.(Replaced 4 of 1969 s. 6)(5) Regulations made under this section may provide that contravention ofspecified provisions of such regulations shall be an offence and mayprovide penalties therefor: Provided that no penalty so provided shallexceed a fine of $ 50,000 and imprisonment for 12 months. (Amended 52 of1973 s. 3; 57 of 1980 s. 2; 71 of 1989 s. 6)8. Governor in Council may amend the SchedulesThe Governor in Council may by order amend the First, Second or ThirdSchedule. (Replaced 52 of 1973 s. 4. Amended 7 of 1976 s. 3; 50 of 1985s. 4)9. Notification of workplaces(1) The person having the management or control of a notifiable workplaceshall, before the first occasion on which any industrial process iscommenced or any industrial operation is carried on in the notifiableworkplace, notify the Commissioner for Labour in the prescribed form ofsuch particulars relating to the workplace and the industrial process orindustrial operation proposed to be carried on there as may be specifiedin the prescribed form.(2) The person having the management or control of a notifiable workplacein respect of which any change in the location or name of the notifiableworkplace or in the nature of the industrial process or industrialoperation carried on there is proposed shall notify the Commissioner forLabour in the prescribed form of the proposed change before it takeseffect.(3) Where there has been a change in the identity of the person having themanagement or control of a notifiable workplace, that person shall notifythe Commissioner for Labour of the fact of such change within 21 daysafter it takes effect. (Replaced 50 of 1985 s. 5)9A. Prohibition notices(1) If at any time the Commissioner for Labour considers that anynotifiable workplace, whether a notifiable workplace which has beennotified to him under section 9 or not, is not suitable--(a) for use as a factory, mine or quarry; or(b) for the carrying on therein of any dangerous trade or scheduled trade;or(c) for the carrying on therein of any industrial process or industrialoperation or any part thereof,he may issue to the proprietor of the notifiable workplace a notice in theprescribed form prohibiting--(i) its use as a factory, mine or quarry;(ii) the carrying on therein of any dangerous trade or scheduled trade; or(iii) the carrying on therein of such industrial process or industrialoperation, or such part thereof, as may be specified in the notice.(2)Upon issuing a prohibition notice in respect of any notifiableworkplace the Commissioner for Labour shall on the notice state thereasons for the issue of the notice and specify a date by which it is tobe complied with.(3) Where at any time after issuing a prohibition notice in respect of anotifiable workplace the Commissioner for Labour is satisfied that thematter leading to the issuing of the notice has been remedied, he may, andif so requested by the proprietor of the notifiable workplace shall,cancel the prohibition notice, but may upon doing so give directions inwriting to the proprietor of the notifiable workplace in respect of anymatter which led to the issuing of the notice.(4) Any proprietor of a notifiable workplace who is aggrieved by--(a) the issue of a prohibition notice in respect of that notifiableworkplace;(b) a refusal by the Commissioner for Labour to cancel a prohibitionnotice; or(c) the giving of any direction upon the cancellation of a prohibitionnotice, may, within 14 days of being notified of such issue, refusal ordirection, appeal against it by way of petition to the Governor inCouncil, whose decision thereon shall be final.(5) In this section-(a) "Commissioner for Labour" includes any person authorized by theCommissioner for Labour in writing for the purposes of this section;(b) "suitable" means,--(i) in the case of a notifiable workplace designed and constructed forindustrial use, suitable in respect of the safety, health and welfare ofpersons employed therein;(ii) in the case of a notifiable workplace notso designed and constructed, suitable in respect of the safety, health andwelfare of persons generally other than in respect of noise affectingpersons not employed therein. (Amended 75 of 1988 s. 40) (Added 50 of 1985s. 5)10. Offences and penalties(1) A person who contravenes section 9 commits an offence and is liable toa fine of $ 10,000.(Replaced 50 of 1985 s. 6)(1A) Subject to subsection (1C) a proprietor of a notifiable workplace whofails to comply with the terms of a prohibition notice relating to thatnotifiable workplace within the period specified in the prohibition noticecommits an offence and is liable to a fine of $ 30,000 and to imprisonmentfor 6 months. (Replaced 50 of 1985 s. 6. Amended 71 of 1989 s. 7)(1B) Where a proprietor has appealed to the Governor in Council undersection 9A (4), the period for compliance with the terms of a prohibitionnotice shall be as specified in the decision on the appeal or, if it isnot so specified, shall run from the date when the proprietor is notifiedof the result of the appeal. (Added 50 of 1985 s. 6)(1C) Where undersection 9A (3) the Commissioner for Labour has upon cancelling aprohibition notice issued in respect of a notifiable workplace given anydirections, a proprietor who carries on an industrial process orindustrial operation in the notifiable workplace without complying withthose directions commits an offence and is liable to a fine of $ 30,000and to imprisonment for 6 months. (Added 50 of 1985 s. 6. Amended 71 of1989 s. 7)(2) Any person who fails to comply with any order made under section 7 (4)or who fails to comply with any condition imposed on the grantingthereunder of any exemption shall be guilty of an offence and shall beliable to a fine of $ 30,000 and to imprisonment for 6 months. (Amended 71of 1989 s. 7)(3) Any person who--(a) fails to comply with a requirement made by any officer under section 4(1); or(b) wilfully or recklessly gives false information or withholdsinformation as to any of the matters in respect of which information isrequired to be given under section 4 (1); or(c) obstructs or delays any officer in the exercise of any of the powersconferred upon him by section 4,shall be guilty of an offence and shall be liable to a fine of $ 20,000.(4) Any person who contravenes any of the provisions of section 5 (1), (2)or (3) shall be guilty of an offence and shall be liable to a fine of$10,000.(4A) Any person who contravenes section 6 commits an offence and is liableon conviction to a fine of $ 20,000. (Added 30 of 1992 s. 2)(5) The proprietor of a notifiable workplace shall be deemed to havecomplied with section 9 (1) if before the commencement [1] of theFactories and Industrial Undertakings (Amendment) Ordinance 1985 (50 of1985) the workplace was registered or provisionally registered underrepealed section 9 (5). (Added 50 of 1985 s. 6)(6) The proprietor of a notifiable workplace which before the commencementof Factories and Industrial Undertakings (Amendment) Ordinance 1985 (50 of1985) was a registrable workplace under repealed section 9 (1) but whichwas not registered or provisionally registered under repealed section 9(5) may be exempted from the requirements of section 9 (1) by theCommissioner for Labour by notice in writing not later than 6 months afterthe commencement of that Ordinance.(Added 50 of 1985 s. 6)(7) In this section "repealed" means repealed by section 5 of theFactories and Industrial Undertakings (Amendment) Ordinance 1985 (50 of1985). (Added 50 of 1985 s. 6) (Replaced 19 of 1963 s. 3. Amended 4 of1969 s. 8; 37 of 1983 s. 5)11. Power to make orders as to dangerous conditions and practices(1) Notwithstanding the provisions of section 9A, if on complaint by aninspector a magistrate is satisfied either--(Amended 50 of 1985 s. 7)(a) that any part of the ways, works, machinery or plant used in anindustrial undertaking is in such condition or so constructed or so placedthat it cannot be used without risk of bodily injury; or(b) that any process or work is carried on or anything is or has been donein any industrial undertaking in such a manner as to cause risk or bodilyinjury, the magistrate shall, by order, as the case may require--(i) prohibit the use of that part of the ways, works, machinery or plant,or, if it is capable of repair or alteration, prohibit its use until it isduly repaired or altered;(ii) require the proprietor to take such stepsas may be specified in the order for remedying the danger complained of;or(iii) direct that such machinery or plant shall be secured by a seal, lockor other device by an inspector in such manner as the inspector may thinknecessary to prevent the operation of the machinery or plant without theseal, lock or other device being broken or removed, for such period as themagistrate may specify in such order.(2) Where a complaint is or hasbeen made under subsection (1) the magistrate may, on application ex parteby an inspector, and on receiving evidence that the use of any such partof the ways, works, machinery or plant, or, as the case may be, thecarrying on of any process or work or the doing of anything in such amanner as aforesaid, involves imminent risk of serious bodily injury, makean interim order prohibiting either absolutely or subject to conditions,the use, carrying on or doing thereof until the earliest opportunity forhearing and determining the complaint and may include in such interimorder a direction that any machinery or plant located in such industrialundertaking shall be secured by a seal, lock or other device by aninspector in such manner as the inspector may think necessary to preventthe operation of the machinery or plant without the seal, lock or otherdevice being broken or removed, and where such an interim order ordirection has been made, the magistrate may at any time rescind or varythe interim order or direction. (Amended 4 of 1969 s. 9)(3) In the event of any contravention of or failure to comply with anyorder made by a magistrate under this section or of any condition ordirection contained in such order the proprietor of the industrialundertaking in respect of which the order is made shall be guilty of anoffence and shall be liable to a fine of $ 50,000 and to imprisonment for12 months. (Amended 57 of 1980 s. 3; 71 of 1989 s. 8) (Added 19 of 1963 s.8)11A. Inquiry by chief factory inspector in case of accident(1) Whenever an accident whether or not involving injury to any personoccurs in an industrial undertaking, the Commissioner for Labour, if he isof the opinion that an inquiry into the cause and circumstances of theaccident should be held, shall direct the chief factory inspector to holdsuch inquiry.(2) An inquiry by the chief factory inspector shall be held informally inthe first instance in such manner as the chief factory inspector may thinkfit and the chief factory inspector shall record his findings in writingand submit the record to the Commissioner for Labour.(3) Where the chief factory inspector is of the opinion that an inquiry byhim under this section is likely to be frustrated or delayed owing to theunwillingness of any person to provide any information relating to theaccident or to produce books or records for inspection or to answer anyquestion, or for any other cause, the chief factory inspector shall submita statement in writing to the Commissioner for Labour to that effect.(Added 37 of 1983 s. 6)11B. Power of Commissioner or deputy commissioner to hold formal inquiry(1) Where a statement is submitted to the Commissioner for Labour undersection 11A (3) in respect of any accident, the Commissioner for Labour ora deputy commissioner for labour may hold an inquiry into the cause andcircumstances of the accident.(2) The Commissioner for Labour or adeputy commissioner for labour, for the purposes of holding an inquiry--(a) shall have all the powers of a magistrate to summon witnesses, to callfor the production of books and documents and examine witnesses and otherpersons concerned on oath; and(b) may, on application made to him in that behalf, hold the inquiryotherwise than in public to such extent as he considers necessary for thepurpose of hearing evidence, the giving of which is in his opinion likelyto disclose information relating to a trade secret.(3) Any person summoned to attend before an inquiry held under thissection or to produce books or documents as evidence in the inquiry whofails to do so, or who refuses to answer any question put to him by orwith the concurrence of the person holding the inquiry, shall be guilty ofan offence and be liable to a fine of $ 10,000 and to imprisonment for 3months:Provided that no person shall be bound to incriminate himself, and everywitness shall, in respect of any evidence given by him at such inquiry, beentitled to the same privileges to which he would be entitled inproceeding before a magistrate.(4) Any person who behaves in aninsulting manner or uses any threatening or insulting expression to or inthe presence of the person holding the inquiry commits an offence and isliable to a fine of $ 5,000 and to imprisonment for 3 months. (Added 37of 1983 s. 6)11C. SavingAny inquiry held by virtue of section 11B shall not derogate in any wayfrom the powers or jurisdiction exercisable by coroners under the CoronersOrdinance (Cap. 14). (Added 37 of 1983 s. 6)12. Continuing offencesAny person guilty of an offence against this Ordinance shall, in additionto any other penalty prescribed for such offence, be liable to a fine of $5,000 for every day during the whole or any part of which such offence isknowingly and wilfully continued. (Amended 52 of 1973 s. 5; 37 of 1983 s.7)13. Liability of proprietor(1) Except as may be otherwise provided by regulations made under thisOrdinance, the proprietor of every industrial undertaking in or in respectof which any offence against this Ordinance has been committed shall beguilty of a like offence, and shall be liable to the penalty prescribedfor such offence.(2) It shall be no defence to a prosecution of the proprietor of anindustrial undertaking for an offence against this Ordinance that theoffence was committed without his knowledge or consent or that the actualoffender has not been convicted of the offence.(3) Nothing in this section shall apply to an offence under section 6B.(Added 71 of 1989 s. 9)14. Liability of directors, partners, etc.(1) Where the person convicted of an offence against this Ordinance is acompany and it is proved that the offence was committed with the consentor connivance of, or was attributable to any neglect on the part or, anydirector, manager, secretary or other similar officer of the company, thedirector, manager, secretary or other similar officer shall be guilty ofthe like offence.(2) Where the person convicted of an offence against this Ordinance is afirm and it is proved that the offence was committed with the consent orconnivance of, or was attributable to any neglect on the part of, anypartner in the firm or any person concerned in the management of the firm,the partner or the person concerned in the management of the firm shall beguilty of the like offence. (Replaced 71 of 1989 s. 10)14A. Protection of public officers(1) A public officer is not personally liable in respect of any act oromission of his if it was done or made by him in the honest belief that itwas required or authorized in the exercise of any function, duty or powerof his under this Ordinance.(2) The protection conferred on publicofficers by subsection (1) in respect of any act or omission shall not inany way affect any liability of the Crown in tort for that act oromission.(Added 71 of 1989 s. 11)15. Procedure(1) (a) Any summons relating to an offence against this Ordinance by aproprietor of an industrial undertaking may be served by leaving a copy ofthe summons with some person for him at the industrial undertakingmentioned in the summons.(b) Any such summons may be addressed to the proprietor of an industrialundertaking without specifying the name of the proprietor.(c) If on the hearing of any such summons the offence is proved to thesatisfaction of the magistrate, he may, in addition to any other powerwhich he may possess, order that any fine imposed, if not duly paid, shallbe recovered by distress and sale of the machinery, goods and chattelsfound in the industrial undertaking in question, and the provisions of theMagistrates Ordinance (Cap. 227) shall apply in the case of such distressand sale as they apply to any distress and sale under that Ordinance.(2) Any summons relating to an offence against this Ordinance by a personemployed in an industrial undertaking may be served by leaving a copy ofthe summons either with some person for him at his last or most usualplace of abode or with some person for him at the industrial undertakingmentioned in the summons.16. PresumptionsIn any prosecution under this Ordinance-(a) if it appears to the magistrate that any person who is alleged in thecharge to have been a young person or child at the date of the allegedoffence was a young person or child at the said date, it shall, until thecontrary is proved, be presumed that such person was a young person orchild at the said date;(b) if it appears to the magistrate that any young person or child who isalleged in the charge to have been under any particular age at the date ofthe alleged offence was under that particular age at the said date, itshall, until the contrary is proved, be presumed that the said youngperson or child was under the said age at the said date;(c) if the chargealleges the contravention of any of the provisions of this Ordinanceprohibiting or controlling the employment of women, young persons orchildren and the defendant in such prosecution is the proprietor of theindustrial undertaking in or in respect of which the offence is alleged tohave been committed, it shall, until the contrary is proved, be presumedthat any woman, young person or child to whom the charge relates and whowas employed in the industrial undertaking on the day on which the offenceis alleged to have been committed was employed therein on that day by suchproprietor.(Added 51 of 1961 s. 5)17. Prosecution of offences(1) Prosecutions for offences against this Ordinance may be brought in thename of the Commissioner for Labour, and may be commenced and conducted byany officer of the Labour Department.(2) Save as is provided in subsection (1), no prosecution for an offenceagainst this Ordinance shall be commenced without the written consent ofthe Commissioner for Labour.(3) Nothing in this section shall be deemedto derogate from the powers of the Attorney General in relation to theprosecution of criminal offences.18. Onus of proving limits of what is practicable, etc.(1) In a proceeding for an offence under a provision in this Ordinanceconsisting of a failure to comply with a duty or requirement to dosomething so far as is necessary, where practicable, so far as isreasonably practicable, or so far as practicable or to take all reasonablesteps, all practicable steps, adequate steps or all reasonably practicablesteps to do something, the onus is on the accused to prove that it was notnecessary, not practicable or not reasonably practicable to do more thanwas in fact done to satisfy the duty or requirement, or that he has takenall reasonable steps, or practicable steps or done the appropriate thingto satisfy the duty or requirement.(2) In a proceeding for an offenceunder a provision in this Ordinance consisting of an exemption fromcompliance with a duty or requirement to do something where it isimpracticable, not reasonably practicable or rendered impracticable tocomply with that duty or requirement, the onus is on the accused to provethat it was impracticable or not reasonably practicable to do more thanwas in fact done to comply with the duty or requirement.(3) Subsections (1) and (2) do not apply where the offence is committed onor before the commencement [1] of this section.(Added 71 of 1989 s. 12)19. Civil liabilityThis Ordinance does not--(a) confer a right of action in civil proceedings in respect of a failureto comply with section 6A or 6B; and(b) affect the extent (if any) to which breach of any other provision isactionable. (Added 71 of 1989 s. 12) FIRST SCHEDULE [ss. 2 & 8] DANGEROUS TRADES1. Boiler chipping.2. (Repealed L. N. 222 of 1983)3. The manufacture of glass from basic raw materials. (Replaced L. N. 222of 1983)4. Manufacturing processes involving the use of arsenic, lead, manganese,mercury, phosphorus, or any compound of any of them. (Amended L. N. 222 of1983)5. Vermilion manufacture.6. Chromium plating.7. The machining or grinding of celluloid or magnesium, or of any articlewholly or partly made of celluloid or magnesium in any manufacturingprocess. (Replace L. N. 222 of 1983)8. The manufacture of hydrochloric, nitric or sulphuric acids. SECOND SCHEDULE [ss. 2 & 8] SCHEDULED TRADES1. Any industrial undertaking involving the use of any dangerous goodsspecified in Category 5 in the Schedule to the Dangerous Goods(Classification) Regulations (Cap. 295 sub. leg) and for which a licenceis required under the Dangerous Goods Ordinance (Cap. 295). (Amended L. N.222 of 1983)2. Any industrial undertaking involving the use of coal gas.3. Any industrial undertaking involving the use of electricity as motivepower or for heating or in any electrolytic process, other thanelectricity used solely for the ventilation, heating or lighting of abuilding.4. Any industrial undertaking involving the use of any X-ray orradioactive substance. (Added G. N. A. 62 of 1956) THIRD SCHEDULE [ss 2 & 8] SPECIFIED STRUCTURES AND WORKS1. Any building, edifice, wall, fence, or chimney, whether constructedwholly or partly above or below ground level.2. Any road, motorway, railway, tramway, cableway, aerial ropeway orcanal. (Amended 19 of 1976 s. 32)3. Any harbour works, dock, pier, sea defence work, or lighthouse.4. Any aqueduct, viaduct, bridge, or tunnel.5. Any sewer, sewage disposal works, or filter bed.6. Any airport or works connect with air navigation.7. Any dam, reservoir, well, pipeline, culvert, shaft, or reclamation,8. Any drainage, irrigation, or river control work.9. Any water, electrical, gas, telephonic, telegraphic, radio, ortelevision installation or works, or any other works designed for themanufacturing or transmission of power or the transmission or reception ofradio or sound waves.10. Any structure designed for the support of machinery, plant, or powertransmission lines.(Added 52 of 1973 s. 6)