【法规名称】
【法规编号】 79827 什么是编号？
【正 文】
第6页 CAP 509 OCCUPATIONAL SAFETY AND HEALTH ORDINANCE
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[接上页] (iii) produces a document or other material evidence that is to the person's knowledge false or misleading,commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 months. (7) A person to whom a question is put at an inquiry is not excused from answering the question on the ground that the answer might tend to incriminate the person. (8) However, neither the question nor the answer is admissible in evidence against the person in criminal proceedings (other than proceedings charging the person with having committed in relation to the answer perjury under section 31 of the Crimes Ordinance (Cap 200) or an offence under subsection (6)(b)(ii))- (a) if the person claims before answering the question that the answer might tend to incriminate the person; or (b) if the person's entitlement to make such a claim was not brought to the person's attention before the question was answered.(9) A person giving evidence or producing a document or other material evidence at an inquiry is, subject to subsection (7), entitled to the same privileges and immunities as a witness in civil proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2) (10) A person who, at an inquiry, behaves in an insulting or threatening manner towards another person, commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 months. Cap 509 s 18 Coronial inquest not affected by inquiry under section 17 The holding of an inquiry under section 17 does not affect the holding of an inquiry under the Coroners Ordinance (Cap 14). Cap 509 s 19 Appointment of officers to administer Ordinance Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 PART V APPOINTMENT AND FUNCTIONS OF OFFICERS (1) The Chief Executive may appoint a Commissioner for Labour and such other officers as the Chief Executive considers necessary for the administration and enforcement of this Ordinance and the Factories and Industrial Undertakings Ordinance (Cap 59). (Amended 54 of 2000 s. 3) (2) Persons holding office under section 3 of the Factories and Industrial Undertakings Ordinance (Cap 59) immediately before the commencement of this section are taken to be appointed under subsection (1) on the same terms and with the same entitlements as those applicable to those persons immediately before that commencement. Cap 509 s 20 Commissioner may assign designations to officers (1) The Commissioner may designate as occupational safety officers any of the officers appointed or taken to be appointed under section 19. (2) The Commissioner may also assign ranks to those officers and designations and ranks to other officers so appointed or taken to be so appointed. (3) The Commissioner is, by virtue of holding office as such, an occupational safety officer. (4) Persons who are taken to be appointed under section 19 and who, immediately before the commencement of this section, were inspectors within the meaning of the Factories and Industrial Undertakings Ordinance (Cap 59) are taken to be occupational safety officers. (5) The following persons are also occupational safety officers- (a) every health officer; (b) any other public officer authorized in writing by the Commissioner, either generally or specially for a specific purpose or occasion, to exercise and perform the functions of an occupational safety officer. Cap 509 s 21 Exercise or performance of functions by occupational safety officers (1) The Commissioner is required to issue a certificate of authority to each occupational safety officer (other than the Commissioner or a health officer). (2) A certificate of authority must- (a) state that it is issued under this Ordinance; and (b) give the name of the person to whom it is issued; and (c) describe the nature of the functions conferred or imposed on the person; and (d) state that it is issued with the Commissioner's authority.(3) When exercising or performing a function under this Ordinance or any other Ordinance, an occupational safety officer- (a) may be accompanied and assisted by such persons as the officer reasonably requires in order to exercise or perform the function; and (b) must, if required to do so, produce for inspection the officer's certificate of authority.(4) Subsection (3)(b) does not apply to the Commissioner or a health officer, but, when exercising or performing a function of an occupational safety officer, the Commissioner or a health officer must, if required to do so, produce for inspection evidence of his or her appointment as such. Cap 509 s 22 Power to enter premises where workplace is located (1) An occupational safety officer may, without warrant, enter and inspect premises if the officer believes on reasonable grounds that- (a) the premises are being used as a workplace; or (b) a contravention of this Ordinance is being or has been committed on the premises.(2) A magistrate may, on the application of the Commissioner, issue a warrant authorizing an occupational safety officer to enter premises with such force as may be necessary if the magistrate is satisfied, on sworn information- |
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