【法规名称】
【法规编号】 81849 什么是编号？
【正 文】
第7页 CAP 59 FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE
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[接上页] (ii) prohibit or control the use of any material or process; and may impose duties on proprietors, contractors, employed persons and other persons. (Amended 52 of 1973 s. 3) (b) Special regulations so made may apply to all industrial undertakings in which the manufacture, machinery, plant, process, or description of manual labour is used or to any specified class or description of such undertaking, and may provide for the exemption of any specified class or description of undertaking either absolutely or subject to conditions.(3) All regulations made by the Commissioner shall be submitted to the Chief Executive, and shall be subject to the approval of the Legislative Council. (Amended 54 of 2000 s. 3) (4) The Commissioner in such cases as he shall think fit may, for such period and subject to such conditions as he may specify, exempt any industrial undertaking from any regulation made under this Ordinance and the Commissioner, or any officer authorized in writing by him, may order the adoption of special precautions in addition to any precautions required by any regulation made under this Ordinance. (Amended 7 of 1959 s. 2; 4 of 1969 s. 6; 6 of 1994 s. 36) (4A) Any person aggrieved by an exemption or order made under subsection (4) may, within 28 days of being notified of such exemption or order, appeal to the Administrative Appeals Board. (Added 6 of 1994 s. 36) (5) Regulations made under this section may provide that contravention of specified provisions of such regulations shall be an offence and may provide penalties therefor: Provided that no penalty so provided shall exceed a fine of $200000 and imprisonment for 12 months. (Amended 52 of 1973 s. 3; 57 of 1980 s. 2; 71 of 1989 s. 6; 81 of 1993 s. 5) (Amended 39 of 1997 s. 48) Cap 59 s 7A Codes of practice (1) For the purpose of providing practical guidance in respect of any one or more of the requirements of this Ordinance or of regulations under this Ordinance, the Commissioner may issue such codes of practice (whether prepared by the Commissioner or not) as the Commissioner considers appropriate. (2) The Commissioner may amend or revoke a code of practice issued by him under subsection (1). (3) Where the Commissioner exercises a power under subsection (1) or (2), he shall as soon as may be reasonably practicable publish notice thereof in the Gazette and the notice shall be in such form as the Commissioner considers appropriate. (4) A failure by any person to observe a provision of an approved code shall not of itself cause him to incur any criminal liability, but where- (a) in any criminal proceedings the defendant is alleged to have committed an offence either- (i) by reason of a contravention of or a failure to comply with, whether by act or omission, this Ordinance or regulations under this Ordinance; or (ii) by reason of a failure to discharge or perform a duty imposed by this Ordinance or such regulations; and(b) the matter to which the alleged contravention or failure relates is one to which, in the opinion of the court, an approved code relates,then subsection (5) shall apply as regards the proceedings. (5) In any criminal proceedings to which this subsection applies, the following, namely- (a) compliance with a provision of an approved code found by the court to be relevant to a matter to which a contravention or failure alleged in the proceedings relates; (b) a contravention or failure to comply with, whether by act or omission, any such provision so found,may be relied on by any party to the proceedings as tending to establish or to negative any liability which is in question in the proceedings. (6) In any criminal proceedings, any document which purports to be a copy of a particular approved code shall, in the absence of evidence to the contrary, be regarded by the court as being a true copy of that code. (Added 81 of 1993 s. 6) Cap 59 s 8 Commissioner may amend the Schedules (1) The Commissioner may by notice published in the Gazette amend the First, Second or Third Schedule. (Amended 53 of 1999 s. 6) (2) The Commissioner may, by notice in the Gazette and subject to the approval of the Legislative Council, amend the Fourth Schedule. (Added 53 of 1999 s. 6) (Replaced 81 of 1993 s. 7. Amended 39 of 1997 s. 48) Cap 59 s 9 Notification of workplaces (1) The person having the management or control of a notifiable workplace shall, before the first occasion on which any industrial process is commenced or any industrial operation is carried on in the notifiable workplace, notify the Commissioner in the prescribed form of such particulars relating to the workplace and the industrial process or industrial operation proposed to be carried on there as may be specified in the prescribed form. (2) The person having the management or control of a notifiable workplace in respect of which any change in the location or name of the notifiable workplace or in the nature of the industrial process or industrial operation carried on there is proposed shall notify the Commissioner in the prescribed form of the proposed change before it takes effect. |
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