【法规名称】
【法规编号】 81849 什么是编号？
【正 文】
第5页 CAP 59 FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE
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[接上页] (b) if no such day is specified, on the expiration of 3 years after the day on which the certificate was issued.(7) On and after the appointed day, it shall be the duty of every relevant person employed at a relevant industrial undertaking who has been issued a relevant certificate which has not expired to- (a) carry the certificate with him while at work at the undertaking; (b) produce the certificate upon demand by- (i) subject to paragraph (c), the proprietor of the undertaking or an agent of the proprietor authorized by the proprietor for the purpose; or (ii) subject to paragraph (d), an occupational safety officer;(c) if unable to comply with a demand under paragraph (b)(i), make a statement- (i) subject to subparagraph (ii), in a register kept by the proprietor of the undertaking under subsection (8), that he has been issued the certificate and the certificate has not expired and containing such other particulars as are required by the register; and (ii) if and only if he has not made a like statement in that register on the day immediately preceding the day on which that demand is made;(d) if unable to comply with a demand under paragraph (b)(ii), produce the certificate at a place and within a period- (i) specified by the occupational safety officer who made the demand; and (ii) which are reasonable in all the circumstances.(8) On and after the appointed day, every proprietor of a relevant industrial undertaking shall- (a) establish and maintain a register or registers for the purposes of subsection (7)(c) in such form as is specified by the Commissioner; (b) not cause or permit any statement referred to in subsection (7)(c) made in any such register to be removed therefrom at any time before the expiration of 18 months from the date on which the statement was made in the register.(9) Where a relevant certificate which has not expired has been lost, defaced or destroyed, the relevant person to whom it was issued shall, unless he has ceased to be employed at a relevant industrial undertaking, as soon as is reasonably practicable make an application to the Commissioner to be issued a replacement relevant certificate in the same terms (and any such application may consist of, or require the accompaniment of, a statutory declaration made by the person as to the loss, defacement or destruction of the certificate). (10) The Commissioner shall issue or cause to be issued a replacement relevant certificate pursuant to an application under subsection (9) upon being satisfied that the relevant certificate which it will replace has in fact been lost, defaced or destroyed. (11) A replacement relevant certificate issued pursuant to an application under subsection (9) shall, for the purposes of this Ordinance, have the same effect as the relevant certificate which it replaces. (12) Subject to subsection (13), a proprietor who contravenes subsection (5) commits an offence and is liable to a fine at level 5. (13) It shall be a defence to a prosecution for an offence under subsection (12) for the proprietor to show that he believed, and that it was reasonable for him to believe, that the relevant person to whom the offence relates had been issued with a relevant certificate and that the certificate had not expired. (14) A relevant person employed at a relevant industrial undertaking who- (a) makes a statement referred to in subsection (7)(c); and (b) is not a person who has been issued a relevant certificate which has not expired at the time of making that statement,commits an offence and is liable to a fine at level 3. (15) A relevant person who, without reasonable excuse, contravenes subsection (7)(d) commits an offence and is liable to a fine at level 3. (16) A proprietor who contravenes subsection (8) commits an offence and is liable to a fine at level 3. *(17) The Secretary for Education and Manpower may, by notice in the Gazette, appoint a day for the purposes of subsections (5), (7) and (8). (18) A notice under subsection (17) is subsidiary legislation. (19) For the avoidance of doubt, it is hereby declared that subsection (5)(b) shall not operate to entitle an employer to terminate the contract of employment of an employee otherwise than in accordance with the provisions of the Employment Ordinance (Cap 57) in the case of an employee within the meaning of section 2(1) of that Ordinance. (Added 53 of 1999 s. 3)_____________________________________________________________________________ Note: * 1 May 2001 was the day appointed under this subsection - see Cap 59 sub. leg. AH. Cap 59 s 6C Meaning of "at work" () For the purposes of sections 6A, 6B and 6BA, a person is at work throughout the time when he is in the course of employment, but not otherwise. (Added 71 of 1989 s. 5. Amended 53 of 1999 s. 4) Cap 59 s 7 Power of Commissioner to make regulations, etc. (1) The Commissioner may in respect of industrial undertakings by regulation prescribe or provide for- (a) prohibiting or controlling the employment of all persons or any class of persons in dangerous trades or scheduled trades; |
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