【法规名称】
【法规编号】 79827 什么是编号？
【正 文】
CAP 509 OCCUPATIONAL SAFETY AND HEALTH ORDINANCE
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An Ordinance to ensure the safety and health of persons when they are at work, to provide for related matters, and to consequentially amend the Factories and Industrial Undertakings Ordinance and the Administrative Appeals Board Ordinance. [The Ordinance, other than sections 6, 7 and 8］ 23 May 1997 L.N. 281 of 1997 Sections 6, 7 and 8 ［1 June 1998 L.N. 230 of 1998] (Originally 39 of 1997) Cap 509 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Occupational Safety and Health Ordinance. (2) (Omitted as spent) Cap 509 s 2 Purposes of Ordinance The purposes of this Ordinance are as follows- (a) to ensure the safety and health of employees when they are at work; (b) to prescribe measures that will contribute to making the workplaces of employees safer and healthier for them; (c) to improve the safety and health standards applicable to certain hazardous processes, plant and substances used or kept in workplaces; (d) generally to improve the safety and health aspects of working environments of employees. Cap 509 s 3 Interpretation Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) In this Ordinance, unless the context otherwise requires- "activity" (活动) includes operation and process; "Appeal Board" (上诉委员会) means the Administrative Appeals Board established under section 5 of the Administrative Appeals Board Ordinance (Cap 442); "bodily injury" (身体伤害) includes injury to health; "Commissioner" (处长) means the Commissioner for Labour; "court" (法庭) includes a magistrate; "dangerous occurrence" (危险事故) means an occurrence of a kind specified in Schedule 1; "domestic premises" (住宅处所) means premises occupied as a private dwelling; "domestic servant" (家庭佣工) has the same meaning as in the Employment Ordinance (Cap 57); "employee" (雇员) means a natural person who works under a contract of employment or apprenticeship, but does not include a domestic servant; "employer" (雇主) means a person who employs natural persons under contracts of employment or apprenticeship; "function" (职能) includes a power and a duty; "identity card" (身分证) means an identity card issued under the Registration of Persons Ordinance (Cap 177); "improvement notice" (敦促改善通知书) means a notice served under section 9; "occupational safety officer" (职业安全主任) means a public officer designated as such under section 20 or a person taken to be so designated because of that section; "occupier" (占用人), in relation to any premises or workplace, includes a person who has any degree of control over the premises or workplace and, in particular, includes a person to whom subsection (5) or (6) applies; "offence of strict liability" (严格法律责任罪行) means an offence in relation to the prosecution of which it is not necessary for the prosecutor to prove- (a) that the defendant did the act or omission constituting the offence intentionally, knowingly or recklessly; or (b) that the defendant had knowledge of any specific ingredient of the offence;"person responsible" (负责人), in relation to a workplace, has the meaning given by subsection (2); "plant" (作业装置) includes machinery, equipment, appliances, furniture, furnishings and fittings; "premises" (处所) includes any vehicle and any public place, and also includes a part of particular premises; "public analyst" (公职分析员) means the Government Chemist, the Government Pathologist or any analyst appointed in writing by the Chief Executive for the purposes of this Ordinance; (Amended 54 of 2000 s. 3) "public place" (公众地方) means- (a) any public street, pier or public garden; or (b) the permanent way of a railway; or (c) any part of the territorial sea or any publicly navigable waterway; or (d) any part of the airspace above Hong Kong; or (e) any other place to which people are entitled to have access whether with or without payment;"record" (纪录) includes information recorded in electronic form; "regulation" (规例) means a regulation under this Ordinance; "serious bodily injury" (严重身体伤害), in relation to a person, includes any bodily injury that results in the person's admission at a hospital or clinic for treatment or observation; "substance" (物质) means a natural or artificial substance, whether in the form of a solid, liquid, gas or vapour; "suspension notice" (暂时停工通知书) means a notice served under section 10; "vessel" (船只) has the same meaning as in section 2 of the Shipping and Port Control Ordinance (Cap 313); "work" (工作) means work as an employee; "workplace" (工作地点) means any place where employees work, but does not include any of the following- (a) an aircraft or vessel when located in a public place; (b) when a vehicle that is designed or used for the carriage of people, animals or goods is located in a public place, the seat or position normally occupied by the driver of the vehicle; |
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