【法规名称】
【法规编号】 79827 什么是编号？
【正 文】
第9页 CAP 509 OCCUPATIONAL SAFETY AND HEALTH ORDINANCE
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[接上页] (3) A person who is or was formerly employed as a public officer commits an offence if, without lawful authority, the person discloses to another person- (a) information relating to manufacturing or commercial secrets or working processes that was obtained through the exercise or performance of a function under this Ordinance or the Factories and Industrial Undertakings Ordinance (Cap 59); or (b) information notified by a medical practitioner in accordance with section 15.(4) For the purposes of this section, a person has lawful authority to disclose information if the disclosure- (a) is made in connection with the administration of this Ordinance (or the Factories and Industrial Undertakings Ordinance (Cap 59)); or (b) is made for the purpose of complying with a requirement of another Ordinance; or (c) is ordered by a court, or by a person authorized by law to examine witnesses, in connection with the hearing or determination of any matter by the court or person.(5) A person who is convicted of an offence against this section is liable to a fine at level 3. (6) This section applies to a person who has accompanied or assisted an occupational safety officer as referred to in section 21(3)(a) or section 4(2A) of the Factories and Industrial Undertakings Ordinance (Cap 59) as if the person were such an officer. Cap 509 s 30 Offence for person to interfere with or misuse article provided for safety or health of employees A person who intentionally or recklessly interferes with, or misuses, an article provided at a workplace in the interests of the safety or health of employees employed at the workplace commits an offence and is liable on conviction to a fine at level 5. Cap 509 s 31 Offence for employer to charge employees for anything done to fulfil statutory requirement An employer who- (a) imposes or attempts to impose; or (b) authorizes the imposition of,a charge on any of the employer's employees for anything done or provided under or for the purposes of this Ordinance commits an offence and is liable on conviction to a fine at level 5. Cap 509 s 32 Offence to prevent aid from being given to employee at workplace A person who, by intimidation or by any other act or any omission, intentionally or recklessly prevents, obstructs or delays, without lawful authority or other reasonable excuse, the giving or receiving of aid in respect of an illness or injury of an employee at a workplace commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months. Cap 509 s 33 Liability of directors, partners, etc. (1) Where the person convicted of an offence against this Ordinance is a company and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the company, the director, manager, secretary or other similar officer shall be guilty of the like offence. (2) Where the person convicted of an offence against this Ordinance is a firm and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any partner in the firm or any person concerned in the management of the firm, the partner or the person concerned in the management of the firm shall be guilty of the like offence. Cap 509 s 34 Prosecution for offence may be brought in Commissioner's name PART VII PROCEEDINGS FOR OFFENCES (1) An occupational safety officer may, in the name of the Commissioner, bring and conduct a prosecution for any offence against this Ordinance. (2) Subsection (1) applies despite section 12 of the Magistrates Ordinance (Cap 227), but nothing in this section limits the functions of the Secretary for Justice under that Ordinance with respect to the prosecution of offences. (Amended L.N. 362 of 1997) Cap 509 s 35 Not necessary to specify certain matters in summons for offence (1) A summons relating to an offence against this Ordinance may be addressed to the occupier of premises where a specified workplace is located without actually naming that occupier. (2) In a summons for an offence against this Ordinance alleging a failure to comply with a requirement or an obligation that has to be complied with only in so far as it is practicable or is reasonably practicable to do so, it is not necessary to aver that it was practicable, or was reasonably practicable, for the defendant to comply with the requirement or obligation. Cap 509 s 36 Evidentiary statements (1) In proceedings for an offence against this Ordinance, a statement, purporting to be signed by the Commissioner, is admissible in all legal proceedings as evidence of the matters contained in the statement if the statement- (a) relates to- (i) a record kept by the Commissioner for the purposes of this Ordinance; or (ii) any other matter relating to occupational safety or health at work contained in an official document of a kind prescribed by a regulation; and(b) certifies that the contents of the statement are in accordance with particulars contained in the record or document.(2) It is unnecessary to prove the signature of the Commissioner in a statement admissible under this section. |
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