【法规名称】
【法规编号】 79989 什么是编号？
【正 文】
第8页 CAP 59AF FACTORIES AND INDUSTRIAL UNDERTAKINGS (SAFETY MANAGEMENT) REGULATION
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[接上页] Cap 59AF s 36 Power of Commissioner to specify forms (1) Subject to subsection (2), the Commissioner may specify the form of any document required under this Regulation to be in the approved form and the form of such other documents required for the purposes of this Regulation as he thinks fit. (2) The Commissioner's power under subsection (1) shall be subject to any express requirement under this Regulation for a form, whether approved or otherwise, to comply with that requirement, but that requirement shall not restrict the exercise of that power in respect of that form to the extent that, in the opinion of the Commissioner, his exercise of that power in respect of that form does not contravene that requirement. (3) The Commissioner's power under subsection (1) may be exercised in such a way as to- (a) include in the specified form of any document referred to in that subsection a statutory declaration- (i) to be made by the person completing the form; and (ii) as to whether the particulars contained in the form are true and correct to the best of that person's knowledge and belief;(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the Commissioner thinks fit.(4) A form specified under this section shall be- (a) completed in accordance with such directions and instructions as are specified in the form; (b) accompanied by such documents as are specified in the form; and (c) if the completed form is required to be provided to- (i) the Commissioner; (ii) another person on behalf of the Commissioner; or (iii) any other person, so provided in the manner, if any, specified in the form. Cap 59AF s 37 Service of notices A notice (howsoever described) which is required to be served under this Regulation, or which may be served under this Regulation, on a person (howsoever described) shall, in the absence of evidence to the contrary, be deemed to be so served if- (a) in the case of an individual, it is- (i) delivered to him; (ii) left at his last known address for service, or at his last known place of residence or business, in Hong Kong; (iii) sent by post to him at his last known address for service, or at his last known postal address, in Hong Kong; or (iv) sent by telex, facsimile transmission or other similar method to him at his last known address for service, or at his last known postal address, or at his last known place of residence or business, in Hong Kong;(b) in the case of a company, it is- (i) given to or served on an officer of the company; (ii) left at the company's last known address for service, or at its last known place of business, in Hong Kong; (iii) sent by post to the company at its last known address for service, or at its last known postal address, in Hong Kong; or (iv) sent by telex, facsimile transmission or other similar method to the company at its last known address for service, or at its last known postal address, or at its last known place of business, in Hong Kong;(c) in the case of a partnership, it is- (i) delivered, left or sent in accordance with paragraph (a) in respect of any partner who is an individual; or (ii) given, served, left or sent in accordance with paragraph (b) in respect of any partner which is a company;(d) in the case of a person ("attorney") holding a power of attorney under which the attorney is authorized to accept service in respect of another person, it is- (i) delivered, left or sent in accordance with paragraph (a) where the attorney is an individual; (ii) given, served, left or sent in accordance with paragraph (b) where the attorney is a company; (iii) delivered, left or sent in accordance with paragraph (a) in respect of any partner who is an individual where the attorney is a partnership; or (iv) given, served, left or sent in accordance with paragraph (b) in respect of any partner which is a company where the attorney is a partnership. Cap 59AF s 38 (Omitted as spent) (Omitted as spent) Cap 59AF Sched 1 ELIGIBILITY TO BE REGISTERED AS SAFETY AUDITOR [section 4(1)] 1. Subject to section 3, the person shall- (a) be a registered safety officer under the Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations (Cap. 59 sub. leg. Z); (b) have not less than 3 years' full-time experience, in the 5 years period immediately preceding the application concerned under section 5 of this Regulation, in a managerial post responsible for industrial safety and health matters in respect of an industrial undertaking; (c) subject to section 2, occupy, at the time of the application concerned under section 5 of this Regulation, the managerial post referred to in paragraph (b), or a like post; (d) have successfully completed- (i) a scheme conducted by a registered scheme operator; or (ii) before the commencement of this Schedule, a scheme recognized by the Commissioner for the purposes of this Schedule; and(e) understand the requirements under legislation in Hong Kong relating to industrial safety and health matters.2. The Commissioner may, by written notice, exempt a person from the requirement of section 1(c). |
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