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[接上页] (3) Where there has been a change in the identity of the person having the management or control of a notifiable workplace, that person shall notify the Commissioner of the fact of such change within 21 days after it takes effect. (Replaced 50 of 1985 s. 5. Amended 39 of 1997 s. 48) Cap 59 s 9A Prohibition notices (1) If at any time the Commissioner considers that any notifiable workplace, whether a notifiable workplace which has been notified to him under section 9 or not, is not suitable- (a) for use as a factory, mine or quarry; or (b) for the carrying on therein of any dangerous trade or scheduled trade; or (c) for the carrying on therein of any industrial process or industrial operation or any part thereof,he may issue to the proprietor of the notifiable workplace a notice in the prescribed form prohibiting- (i) its use as a factory, mine or quarry; (ii) the carrying on therein of any dangerous trade or scheduled trade; or (iii) the carrying on therein of such industrial process or industrial operation, or such part thereof, as may be specified in the notice.(2) Upon issuing a prohibition notice in respect of any notifiable workplace the Commissioner shall on the notice state the reasons for the issue of the notice and specify a date by which it is to be complied with. (3) Where at any time after issuing a prohibition notice in respect of a notifiable workplace the Commissioner is satisfied that the matter leading to the issuing of the notice has been remedied, he may, and if so requested by the proprietor of the notifiable workplace shall, cancel the prohibition notice, but may upon doing so give directions in writing to the proprietor of the notifiable workplace in respect of any matter which led to the issuing of the notice. (4) Any proprietor of a notifiable workplace who is aggrieved by- (a) the issue of a prohibition notice in respect of that notifiable workplace; (b) a refusal by the Commissioner to cancel a prohibition notice; or (c) the giving of any direction upon the cancellation of a prohibition notice,may, within 28 days of being notified of such issue, refusal or direction, appeal against it to the Administrative Appeals Board. (Amended 6 of 1994 s. 36) (5) In this section- (a) "Commissioner" (处长) includes any person authorized by the Commissioner in writing for the purposes of this section; (b) "suitable" (适宜) means,- (i) in the case of a notifiable workplace designed and constructed for industrial use, suitable in respect of the safety, health and welfare of persons employed therein; (ii) in the case of a notifiable workplace not so designed and constructed, suitable in respect of the safety, health and welfare of persons generally other than in respect of noise affecting persons not employed therein. (Amended 75 of 1988 s. 40) (Added 50 of 1985 s. 5. Amended 39 of 1997 s. 48) Cap 59 s 9B (Repealed 39 of 1997 s. 48) (Repealed 39 of 1997 s. 48) Cap 59 s 9C (Repealed 39 of 1997 s. 48) (Repealed 39 of 1997 s. 48) Cap 59 s 9D (Repealed 39 of 1997 s. 48) (Repealed 39 of 1997 s. 48) Cap 59 s 10 Offences and penalties (1) A person who contravenes section 9 commits an offence and is liable to a fine of $10000. (Replaced 50 of 1985 s. 6) (1A) Subject to subsection (1C) a proprietor of a notifiable workplace who fails to comply with the terms of a prohibition notice relating to that notifiable workplace within the period specified in the prohibition notice commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months. (Replaced 50 of 1985 s. 6. Amended 71 of 1989 s. 7) (1B) Where a proprietor has appealed to the Administrative Appeals Board under section 9A(4), the period for compliance with the terms of a prohibition notice shall be as specified in the decision on the appeal or, if it is not so specified, shall run from the date when the proprietor is notified of the result of the appeal. (Added 50 of 1985 s. 6. Amended 6 of 1994 s. 36) (1C) Where under section 9A(3) the Commissioner has upon cancelling a prohibition notice issued in respect of a notifiable workplace given any directions, a proprietor who carries on an industrial process or industrial operation in the notifiable workplace without complying with those directions commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months. (Added 50 of 1985 s.6. Amended 71 of 1989 s. 7; 39 of 1997 s. 48) (2) Any person who fails to comply with any order made under section 7(4) or who fails to comply with any condition imposed on the granting thereunder of any exemption shall be guilty of an offence and shall be liable to a fine of $200000 and to imprisonment for 6 months. (Amended 71 of 1989 s. 7) (3) Any person who- (a) fails to comply with a requirement made by any officer under section 4(1); or (b) wilfully or recklessly gives false information or withholds information as to any of the matters in respect of which information is required to be given under section 4(1); or |