【法规名称】
【法规编号】 79827 什么是编号？
【正 文】
第8页 CAP 509 OCCUPATIONAL SAFETY AND HEALTH ORDINANCE
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[接上页] (2) A person who- (a) without reasonable excuse, refuses to comply with a request made to the person under subsection (1); or (b) in response to such a request, provides information that the person knows or ought reasonably to know is false or misleading,commits an offence and is liable on conviction to a fine at level 5. (3) A person does not have a reasonable excuse for refusing to comply with a request made under subsection (1) only because provision of the information might tend to incriminate the person. However, neither the request nor the information is admissible in criminal proceedings (other than proceedings charging the person with having committed in relation to the provision of the information an offence under subsection (2))- (a) if, before complying with the request, the person claims that the information provided 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 request was complied with.(4) The power conferred by this section may be exercised whether or not the occupational safety officer concerned is on premises entered in accordance with section 22. Cap 509 s 25 Occupational safety officer may require responsible person to exhibit notice in workplace (1) An occupational safety officer may require the person responsible for a workplace to exhibit at the workplace any specified notice relevant to- (a) the operation of this Ordinance; or (b) any plant or substance installed or kept at the workplace; or (c) any commercial or industrial activity carried on at the workplace.(2) A requirement under this section must be in writing and may specify the period for which, and the manner and place in which, the relevant notice is to be exhibited. (3) If no such period is specified, the person responsible for the workplace must exhibit the notice for not less than 12 months. If no such place or manner is specified, that person must exhibit the notice conspicuously in a part of the workplace frequently visited by the employees concerned. (4) A person responsible for a workplace who, without reasonable excuse- (a) fails to comply with a requirement made under this section; or (b) contravenes subsection (3),commits an offence and is liable on conviction to a fine at level 5. Cap 509 s 26 Offence to obstruct occupational safety officers and others exercising or performing functions under Ordinance A person who- (a) without lawful excuse, resists, obstructs or delays an occupational safety officer who is exercising or performing or attempting to exercise or perform a function under this Ordinance; or (b) without lawful excuse, fails to comply with a requirement made to the person in accordance with section 23(1)(h) or (i); or (c) without lawful excuse, prevents, or attempts to prevent, another person from assisting an occupational safety officer in the exercise or performance of the officer's functions under this Ordinance; or (d) directly or indirectly, intimidates or threatens an occupational safety officer or person assisting such an officer in the exercise or performance of the officer's functions under this Ordinance,commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months. Cap 509 s 27 Offence to impersonate occupational safety officer A person who impersonates, or falsely represents that the person is, an occupational safety officer commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months. Cap 509 s 28 Public officers not personally liable for certain acts and omissions (1) A public officer, or a person assisting an occupational safety officer as provided by section 21(3)(a), is not personally liable for any act done or omitted to be done by the officer or person if the officer or person did or omitted to do the act in the honest belief that the act or omission was required or authorized by or under this Ordinance. (2) Subsection (1) does not affect any liability that the Government may have because a public officer or person has done or omitted to do an act to which that subsection applies. Cap 509 s 29 Offence for public officers and others to disclose certain information PART VI MISCELLANEOUS OFFENCES (1) A public officer commits an offence if, without lawful authority, the officer discloses to a person the name of, or any information that could identify, a person who has made a complaint- (a) alleging a contravention of this Ordinance or the Factories and Industrial Undertakings Ordinance (Cap 59); or (b) as a result of which the officer or any other public officer has become aware of such a contravention.(2) A public officer also commits an offence if, without lawful authority, the officer discloses- (a) to the occupier of a workplace, or to an agent or employee of the occupier; or (b) if the employer of employees employed at a workplace is not the occupier of that place, to the employer, or to an agent or employee of the employer,that a visit to the workplace was made as a result of a complaint of a kind referred to in subsection (1). |
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