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[接上页] (b) as soon as practicable after the determination. Cap 59AF s 31 Publication of cancellation or suspension of registration Where the disciplinary board cancels registration under section 29(2)(b) or suspends registration under section 29(2)(c), the Commissioner shall cause notice thereof to be published in the Gazette- (a) if no appeal is made under section 30(1), on the expiry of the period of 28 days referred to in that section; (b) if an appeal is made under section 30(1), on the confirmation, if any, of its decision by the Administrative Appeals Board. Cap 59AF s 32 Duty of registered safety auditor, etc. not to disclose information PART VIII MISCELLANEOUS (1) A person who is or was a registered safety auditor or a safety review officer shall not, except in the circumstances specified in subsection (2), disclose or give to another person any information that has come to his knowledge or into his possession in the course of the performance of his functions under this Regulation. (2) A person who is or was a registered safety auditor or safety review officer may disclose or give any information referred to in subsection (1) to another person- (a) for the purpose of the performance of his functions under this Regulation; or (b) pursuant to an order of a magistrate or court under subsection (3).(3) Where in any proceedings a magistrate or court considers that the justice of the case so requires, the magistrate or court may order the disclosure or giving of any information referred to in subsection (1). Cap 59AF s 33 Commissioner may inspect safety audit, etc. (1) Subject to subsection (3), the Commissioner may inspect- (a) the conduct of any safety audit; (b) the conduct of any safety review; (c) the conduct of any scheme (including any written or oral examinations).(2) Subject to subsections (3) and (4), the Commissioner may, for the purposes of assessing the performance of a registered safety auditor or safety review officer, conduct a safety audit or safety review in relation to an industrial undertaking in respect of which the registered safety auditor or safety review officer has conducted a safety audit or safety review, as the case may be. (3) The Commissioner shall not exercise his power under subsection (1) or (2) in such a way as to unduly disrupt the operations of any industrial undertaking or scheme. (4) The Commissioner shall not exercise his power under subsection (2) unless he has given written notice- (a) of his intention to exercise the power; (b) to the proprietor or contractor concerned; and (c) not less than 14 days before exercising the power.(5) Where the Commissioner exercises his power under subsection (1) or (2), the proprietor, contractor or scheme operator concerned, shall, without charge, afford the Commissioner such assistance, facilities and information as the Commissioner may reasonably require for the purposes of the inspection, safety audit or safety review concerned. Cap 59AF s 34 Offences (1) A registered person who contravenes section 3(5) commits an offence and is liable on conviction to a fine at level 1. (2) Any person who contravenes any of the provisions of section 8, 13(1) or (2) or 19(1)(a) or (2) commits an offence and is liable on conviction to a fine of $200000 and to imprisonment for 6 months. (3) Any person who contravenes any of the provisions of section 9(1)(a) or (b), 10, 12, 14, 16(1)(a), 20, 22(1)(a), 24(2) or 32(1) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 3 months. (4) Any person who contravenes any of the provisions of section 9(1)(c) or (d) or (3), 11(1)(a) or (b) or (d), 15, 16(1)(c) or (d) or (3), 17, 18, 19(1)(b), 21, 22(1)(c) or (d) or (3), 23 or 33(5) commits an offence and is liable on conviction to a fine at level 5. (5) A proprietor or contractor who, without reasonable excuse, contravenes section 11(1)(c) commits an offence and is liable on conviction to a fine at level 5. (6) Any person who, without reasonable excuse, contravenes section 16(1)(b), 22(1)(b) or 29(1)(a) or (b) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 3 months. (7) Any person who obstructs a person authorized under section 29(1)(c) to carry out an inspection referred to in that section, or who obstructs the Commissioner in the exercise of his power under section 33(1) or (2), commits an offence and is liable on conviction to a fine at level 5. Cap 59AF s 35 Defence It shall be a defence for a proprietor or contractor charged with an offence under section 16(1)(b) or 22(1)(b) in any case where a recommendation specified in a safety audit report or safety review report has not been implemented or fully implemented to show that, in all the circumstances of the case- (a) it was impracticable (including economically impracticable) to implement or fully implement, as the case may be, the recommendation; and (b) the proprietor or contractor, as the case may be, took adequate steps to improve the safety management system to which the report relates in view of the concern with that system to which the recommendation relates. |