【法规名称】
【法规编号】 79827 什么是编号？
【正 文】
第10页 CAP 509 OCCUPATIONAL SAFETY AND HEALTH ORDINANCE
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[接上页] Cap 509 s 37 Evidence of employer-employee relationship Evidence that a person is engaged or employed in a particular economic activity that is, or was at a relevant time, carried on by another person, or was engaged or employed in a business or undertaking of which another person is the proprietor, is, for the purposes of any legal proceedings arising under this Ordinance, evidence- (a) that the person so engaged or employed is, or was at that time, an employee of the other person; and (b) that the other person is, or was at that time, the employer of the person so engaged or employed. Cap 509 s 38 Onus on defendant to prove certain matters In proceedings for an offence against this Ordinance involving a failure- (a) to comply with a requirement or an obligation that has to be complied with only in so far as it is practicable or reasonably practicable to do so; or (b) to take steps, reasonable steps or reasonably practicable steps to comply with the requirement or obligation,the onus is on the defendant to establish that compliance with the requirement or obligation was not practicable or was not reasonably practicable, or that steps, reasonable steps or reasonably practicable steps were taken to comply with the requirement or obligation. Cap 509 s 39 Person not liable to be prosecuted twice for same act or omission A person who has been convicted or acquitted of having committed an offence under a provision of the Factories and Industrial Undertakings Ordinance (Cap 59) in relation to an act or omission is not liable to be proceeded against for an offence under a corresponding provision of this Ordinance relating to the same act or omission. Cap 509 s 40 Workplace codes of practice PART VIII WORKPLACE CODES AND SUBSIDIARY LEGISLATION (1) The Commissioner may issue codes of practice for the purpose of providing practical guidance to employers and employees, and to occupiers of workplaces who are not employers. (2) A workplace code of practice- (a) may consist of a code, standard, rule, specification or provision relating to occupational safety or health approved by the Commissioner; and (b) may apply, incorporate or refer to any document that has been formulated or published by a body or authority either as in force at the time when the document is approved by the Commissioner or as amended, formulated or published from time to time.(3) The Commissioner may amend or revoke a code of practice issued under this section. (4) The Commissioner is required to publish in both English and Chinese- (a) any code of practice issued under this section; and (b) if the code is subsequently amended, the amendments made to the code.The publication may be in such form as the Commissioner considers will communicate the contents of the code or of the amendments to the people affected. (5) Whenever a code of practice is issued under this section or the code is amended or revoked, the Commissioner is required to publish in the Gazette a notice of the issue, amendment or revocation. (6) The Commissioner is required to make available at the head office of the Labour Department, during ordinary business hours, all workplace codes of practice for inspection by members of the public. No charge is to be made for the inspection of a workplace code of practice. (7) A workplace code of practice takes effect on the date on which notice of the code is published in the Gazette or on such later date as is specified in the notice. (8) An amendment to a workplace code of practice takes effect on the date on which notice of the amendment is published in the Gazette or on such later date as is specified in the notice. (9) A workplace code of practice ceases to have effect on the date on which notice of revocation of the code is published in the Gazette or on such later date as is specified in the notice. Cap 509 s 41 Effect of workplace code of practice (1) A person does not incur a civil or criminal liability only because the person has contravened a provision of a workplace code of practice. (2) However, if, in any legal proceedings the court is satisfied that a workplace code of practice is relevant to determining a matter that is in issue in the proceedings- (a) the code of practice is admissible in evidence in the proceedings; and (b) proof that the person contravened or did not contravene a relevant provision of the code may be relied on by any party to the proceedings as tending to establish or negate that matter.(3) In any legal proceedings, a document that purports to be a copy of a workplace code of practice is, in the absence of evidence to the contrary, to be presumed to be a true copy of the code. (4) A workplace code of practice is not subsidiary legislation for the purposes of Part V of the Interpretation and General Clauses Ordinance (Cap 1). Cap 509 s 42 Commissioner may make regulations (1) The Commissioner may make regulations for or with respect to all or any of the following- (a) ensuring the safety and health of employees when they are at work; |
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