【法规名称】
【法规编号】 81849 什么是编号？
【正 文】
第10页 CAP 59 FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE
|
[接上页] (b) Any such summons may be addressed to the proprietor of an industrial undertaking without specifying the name of the proprietor. (c) If on the hearing of any such summons the offence is proved to the satisfaction of the magistrate, he may, in addition to any other power which he may possess, order that any fine imposed, if not duly paid, shall be recovered by distress and sale of the machinery, goods and chattels found in the industrial undertaking in question, and the provisions of the Magistrates Ordinance (Cap 227) shall apply in the case of such distress and sale as they apply to any distress and sale under that Ordinance.(2) Any summons relating to an offence against this Ordinance by a person employed in an industrial undertaking may be served by leaving a copy of the summons either with some person for him at his last or most usual place of abode or with some person for him at the industrial undertaking mentioned in the summons. Cap 59 s 16 Presumptions In any prosecution under this Ordinance- (a) if it appears to the magistrate that any person who is alleged in the charge to have been a young person or child at the date of the alleged offence was a young person or child at the said date, it shall, until the contrary is proved, be presumed that such person was a young person or child at the said date; (b) if it appears to the magistrate that any young person or child who is alleged in the charge to have been under any particular age at the date of the alleged offence was under that particular age at the said date, it shall, until the contrary is proved, be presumed that the said young person or child was under the said age at the said date; (c) if the charge alleges the contravention of any of the provisions of this Ordinance prohibiting or controlling the employment of women, young persons or children and the defendant in such prosecution is the proprietor of the industrial undertaking in or in respect of which the offence is alleged to have been committed, it shall, until the contrary is proved, be presumed that any woman, young person or child to whom the charge relates and who was employed in the industrial undertaking on the day on which the offence is alleged to have been committed was employed therein on that day by such proprietor. (Added 51 of 1961 s.5) Cap 59 s 17 Prosecution of offences (1) Prosecutions for offences against this Ordinance may be brought in the name of the Commissioner, and may be commenced and conducted by any officer of the Labour Department. (Amended 39 of 1997 s. 48) (2) Save as is provided in subsection (1), no prosecution for an offence against this Ordinance shall be commenced without the written consent of the Commissioner. (Amended 39 of 1997 s. 48) (3) Nothing in this section shall be deemed to derogate from the powers of the Secretary for Justice in relation to the prosecution of criminal offences. (Amended L.N. 362 of 1997) (4) A person who has been convicted or acquitted of having committed an offence under a provision of the Occupational Safety and Health Ordinance (Cap 509) in relation to an act or omission is not liable to be proceeded against for an offence under a corresponding provision of this Ordinance relating to the same act or omission. (Added 39 of 1997 s. 48) (5) Notwithstanding section 26 of the Magistrates Ordinance (Cap 227), prosecution under this Ordinance for any of the offences specified in the Fifth Schedule shall be commenced within 6 months from the offence being discovered by or coming to the notice of the Commissioner. (Added 11 of 2000 s. 2) Cap 59 s 18 Onus of proving limits of what is practicable, etc. (1) In a proceeding for an offence under a provision in this Ordinance consisting of a failure to comply with a duty or requirement to do something so far as is necessary, where practicable, so far as is reasonably practicable, or so far as practicable or to take all reasonable steps, all practicable steps, adequate steps or all reasonably practicable steps to do something, the onus is on the accused to prove that it was not necessary, not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that he has taken all reasonable steps, or practicable steps or done the appropriate thing to satisfy the duty or requirement. (2) In a proceeding for an offence under a provision in this Ordinance consisting of an exemption from compliance with a duty or requirement to do something where it is impracticable, not reasonably practicable or rendered impracticable to comply with that duty or requirement, the onus is on the accused to prove that it was impracticable or not reasonably practicable to do more than was in fact done to comply with the duty or requirement. (3) Subsections (1) and (2) do not apply where the offence is committed on or before the commencement* of this section. (Added 71 of 1989 s. 12)___________________________________________________________________ |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！