【法规名称】
【法规编号】 81849 什么是编号？
【正 文】
第9页 CAP 59 FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE
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[接上页] (c) obstructs or delays any officer in the exercise of any of the powers conferred upon him by section 4,shall be guilty of an offence and shall be liable to a fine of $50000. (4) (Repealed 39 of 1997 s. 48) (4A) Any person who contravenes section 6 commits an offence and is liable on conviction to a fine of $50000. (Added 30 of 1992 s. 2) (5) The proprietor of a notifiable workplace shall be deemed to have complied with section 9(1) if before the commencement* of the Factories and Industrial Undertakings (Amendment) Ordinance 1985 (50 of 1985) the workplace was registered or provisionally registered under repealed section 9(5). (Added 50 of 1985 s. 6) (6) The proprietor of a notifiable workplace which before the commencement of Factories and Industrial Undertakings (Amendment) Ordinance 1985 (50 of 1985) was a registrable workplace under repealed section 9(1) but which was not registered or provisionally registered under repealed section 9(5) may be exempted from the requirements of section 9(1) by the Commissioner for Labour by notice in writing not later than 6 months after the commencement of that Ordinance. (Added 50 of 1985 s. 6. Amended L.N. 587 of 1995) (7) In this section "repealed" (已废除) means repealed by section 5 of the Factories and Industrial Undertakings (Amendment) Ordinance 1985 (50 of 1985). (Added 50 of 1985 s. 6) (8)-(9) (Repealed 39 of 1997 s. 48) (Replaced 19 of 1963 s. 3. Amended 4 of 1969 s. 8; 37 of 1983 s. 5; 81 of 1993 s. 8)_____________________________________________________________________________ Note: * Commencement date: 2 August 1985. Cap 59 s 11 (Repealed 51 of 1996 s. 4) (Repealed 51 of 1996 s. 4) Cap 59 s 11A (Repealed 39 of 1997 s. 48) (Repealed 39 of 1997 s. 48) ___________________________________________________________________ Note: Please see the savings and transitional provisions contained in s. 2 of Schedule 5 to the Occupational Safety and Health Ordinance (Cap 509). Cap 59 s 11B (Repealed 39 of 1997 s. 48) (Repealed 39 of 1997 s. 48) ___________________________________________________________________ Note: Please see the savings and transitional provisions contained in s. 2 of Schedule 5 to the Occupational Safety and Health Ordinance (Cap 509). Cap 59 s 11C (Repealed 39 of 1997 s. 48) (Repealed 39 of 1997 s. 48) Cap 59 s 12 Continuing offences Any person guilty of an offence against this Ordinance shall, in addition to any other penalty prescribed for such offence, be liable to a fine of $5000 for every day during the whole or any part of which such offence is knowingly and wilfully continued. (Amended 52 of 1973 s. 5; 37 of 1983 s.7) Cap 59 s 13 Liability of proprietor (1) Except as may be otherwise provided by regulations made under this Ordinance, the proprietor of every industrial undertaking in or in respect of which any offence against this Ordinance has been committed shall be guilty of a like offence, and shall be liable to the penalty prescribed for such offence. (2) It shall be no defence to a prosecution of the proprietor of an industrial undertaking for an offence against this Ordinance that the offence was committed without his knowledge or consent or that the actual offender has not been convicted of the offence. (3) Nothing in this section shall apply to an offence under section 6B or 6BA (15). (Added 71 of 1989 s. 9. Amended 53 of 1999 s. 7) Cap 59 s 14 Liability of directors, partners, etc. (1) Where the person convicted of an offence against this Ordinance is a company and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the company, the director, manager, secretary or other similar officer shall be guilty of the like offence. (2) Where the person convicted of an offence against this Ordinance is a firm and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any partner in the firm or any person concerned in the management of the firm, the partner or the person concerned in the management of the firm shall be guilty of the like offence. (Replaced 71 of 1989 s. 10) Cap 59 s 14A Protection of public officers Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) A public officer is not personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the exercise of any function, duty or power of his under this Ordinance. (2) The protection conferred on public officers by subsection (1) in respect of any act or omission shall not in any way affect any liability of the Government in tort for that act or omission. (Amended 54 of 2000 s. 3) (Added 71 of 1989 s. 11) Cap 59 s 15 Procedure (1) (a) Any summons relating to an offence against this Ordinance by a proprietor of an industrial undertaking may be served by leaving a copy of the summons with some person for him at the industrial undertaking mentioned in the summons. |
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