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[接上页] Cap 509 s 44 Commissioner may grant exemptions from operation of Ordinance PART IX SUPPLEMENTARY (1) The Commissioner may, by notice in writing, exempt a person from the operation of a specified requirement of this Ordinance if the Commissioner is satisfied that- (a) it is not reasonably practicable for the person to comply with the requirement; and (b) having regard to the relevant circumstances, it is reasonable that the person should be exempted from the requirement.(2) The Commissioner may, in granting such an exemption, impose conditions on the exempted person. (3) An exemption granted under this section ceases to have effect if any condition imposed under this section on the exempted person is contravened. In that event this Ordinance applies to the person as if the exemption had not been granted. (4) The power conferred by this section must be exercised by the Commissioner personally or by a public officer specifically designated by the Commissioner for the purpose. (5) The Commissioner must keep a register of exemptions and ensure that every exemption granted in accordance with this section is recorded in the register. The Commissioner must also ensure that the register- (a) is kept at the head office of the Labour Department; and (b) is made available for inspection by members of the public without charge during the ordinary business hours of that office.(6) The Commissioner may at any time, by notice in writing served on the exempted person, revoke an exemption granted under this section or vary any condition to which such an exemption is subject. Cap 509 s 45 Requirements imposed by Ordinance on 2 or more different persons (1) A requirement imposed by or under this Ordinance on 2 or more different persons is taken to have been complied with by each of those persons if any one of them has fully complied with the requirement. (2) This section is subject to any express provision of this Ordinance to the contrary. Cap 509 s 46 Regulations and codes of practice under Ordinance to prevail (1) A provision of a regulation made under this Ordinance is to prevail over any inconsistent provision of a regulation made under the Factories and Industrial Undertakings Ordinance (Cap 59). (2) A provision of a code of practice issued under this Ordinance is to prevail over any inconsistent provision of a code of practice issued under the Factories and Industrial Undertakings Ordinance (Cap 59). Cap 509 s 47 How documents are to be served for purposes of Ordinance A document to be served for the purposes of this Ordinance may be served- (a) in the case of a person other than a body corporate or partnership- (i) by delivering it to the person personally; or (ii) by sending it by registered post in a letter addressed to the person at the person's usual place of residence or business or, if the person's address is unknown, addressed to the person's last known place of residence or business; or(b) in the case of a body corporate- (i) by delivering it to any place in Hong Kong at which the body carries on business and giving it to a person apparently concerned in the management of, or apparently employed by, the body; or (ii) by sending it to the body by registered post by letter addressed to the body at its registered office in Hong Kong or at any place in Hong Kong at which the body carries on business; or(c) in the case of a partnership- (i) by delivering it to any place in Hong Kong at which the partnership carries on business and giving it to a person apparently concerned in the management of, or apparently employed by, the partnership; or (ii) by sending it to the partnership by registered post by letter addressed to the partnership at any place in Hong Kong at which the partnership carries on business. Cap 509 s 48 (Omitted as spent) (Omitted as spent) Cap 509 s 49 (Omitted as spent) (Omitted as spent) Cap 509 s 50 (Omitted as spent) (Omitted as spent) Cap 509 s 51 Savings and transitional provisions Schedule 5 (containing savings and transitional provisions) has effect. Cap 509 Sched 1 DANGEROUS OCCURRENCES [sections 3 & 43] 1. The disintegration of a revolving vessel, wheel, grindstone or grinding wheel that is operated by mechanical power. 2. The collapse or failure of a lifting appliance (except the breakage of chain or rope slings). 3. An explosion or fire that- (a) causes damage to the structure of any workplace, or to any plant or substance at a workplace; and (b) prevents the continuation of ordinary work at the workplace.4. An electrical short circuit or electrical failure of electrical plant that- (a) is followed by, or associated with, an explosion or fire; or (b) causes structural damage to the plant,being a short circuit, failure, explosion, fire or damage that stops the operation of the plant or prevents it from being used. 5. An explosion of a receiver or container used for the storage at a pressure greater than atmospheric pressure or of any gas or gases (including air) or any liquid or solid resulting from the compression of gases. |