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<![CDATA[Historical Laws of Hong Kong Online]]> https://oelawhk.lib.hku.hk/items/browse/page/31?output=rss2 Mon, 08 Jun 2026 06:55:09 +0800 webadmin@lib.hku.hk (Historical Laws of Hong Kong Online) Zend_Feed http://blogs.law.harvard.edu/tech/rss <![CDATA[RESOLUTIONS OF THE LEGISLATIVE COUNCIL]]> https://oelawhk.lib.hku.hk/items/show/2366

Title

RESOLUTIONS OF THE LEGISLATIVE COUNCIL

Description






RESOLUTIONS OF THE LEGISLATIVE COUNCIL

1. Resolution made and passed by the Legislative Council under
section 3(1) of the Loans Ordinance on the 18th June 1975.

RESOLVED, in exercise of the powers conferred by section 3(1) of
the Loans Ordinance, that the Government be authorized to
borrow for the purposes of general revenue a sum or sums not
exceeding in total the equivalent of

2. Resolution made and passed by the Legislative Council under
section 3(1) of the Loans Ordinance on the Ist October 1975.

RESOLVED, in exercise of the powers conferred by section 3(1) of
the Loans Ordinance and in substitution for the Resolution
passed by this Council on the 13th August 1975 and
published as Legal Notice 197 of 1975, that the Government be
authorized to borrow for the purposes of general revenue a
sum or sums not exceeding in total the equivalent of US$60
million.
L.N. 151/75. L.N. 231/75.

Abstract

L.N. 151/75. L.N. 231/75.

Identifier

https://oelawhk.lib.hku.hk/items/show/2366

Edition

1964

Volume

v6

Subsequent Cap No.

61

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:06:20 +0800
<![CDATA[LOANS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2365

Title

LOANS ORDINANCE

Description






LAWS OF HONG KONG

LOANS ORDINANCE

CHAPTER 61





CHAPTER 61

LOANS

To make provision for the raising of loans and for matters connected therewith.

[23rd May, 1975.1

1. This Ordinance may be cited as the Loans Ordinance.

2. In this Ordinance, unless the context otherwise requires

'borrow' includes the power to draw upon a credit facility;

'lender' means any person from whom the Government borrows money
under this Ordinance.

3. (1) The Government may, in such manner and on such terms and
subject to such conditions as may be agreed between the Government
and any person, borrow from such person such sum or sums and for
such purposes as may be approved by resolution of the Legislative
Council.

(2) Any agreement between the Government and a lender in respect
of sums borrowed under the powers conferred by subsection (1) shall be
made in the name of the Government of Hong Kong and may be signed
on behalf of the Government by the Financial Secretary, or by any
person authorized by him in writing.

(3) As soon as practicable after the execution of an agreement
under this section, the Financial Secretary shall cause a copy of the
agreement to be laid on the table of the Legislative Council.

4. (1) The Government may issue such bonds, promissory notes or
other instruments on such terms and conditions as may be necessary for
the purpose of giving effect to the terms of any agreement which may be
entered into by it with a lender in respect of any borrowing under this
Ordinance.

(2) Any bond, promissory note or other instrument issued by the
Government under subsection (1) may be signed on behalf of the
Government by the Financial Secretary or by any person authorized by
him in writing.

5. (1) Any sums borrowed by the Government under this Ordinance
shall, except in the case of sums borrowed for the purposes of the
general revenue, be applied and are appropriated to the purposes for
which they were borrowed:

Provided that any part of such a sum which cannot be applied to
those purposes may be applied to such other purposes as may be
approved by the Financial Secretary.





(2) Where sums borrowed under this Ordinance are not im-
mediately available and expenditure in respect of the purpose for
which they were borrowed must be met, such expenditure shall be
charged as an advance pending reimbursement and the maximum
amount which may be so advanced in any financial year in con-
nexion with any purpose shall be approved by resolution of the
Legislative Council.

(3) Any sum borrowed under this Ordinance and all interest
and other charges thereon are hereby charged upon and shall be
payable out of the general revenues and assets of Hong Kong.

(4) Any expenses of or incidental to the raising of a loan may
be defrayed from the sums borrowed.

ion 6. (1) Notwithstanding anything contained in any other law,
an agreement concluded with a lender in respect of any borrowing
under this Ordinance and any bond, promissory note or other
instrument issued pursuant to any such agreement and any under-
taking given in respect of any such agreement, bond, promissory
note or instrument by the Government shall be valid and enforceable
and have full force and effect in accordance with their respective
terms.
(2) The Governor may, by order published in the Gazette,
provide for the remission of any tax, duty, charge or fee payable
under any Ordinance in respect of any agreement, bond, promissory
note or instrument concluded with a lender or issued in connexion
with any borrowing under this Ordinance or in respect of any
payment of interest or otherwise under any such agreement, bond,
promissory note or instrument.
Originally 39 of 1975. Short title. Interpretation. Power to borrow. Power to issue instruments including bonds. Appropriation and charge of loans. Implementation of obligations under agreements.

Abstract

Originally 39 of 1975. Short title. Interpretation. Power to borrow. Power to issue instruments including bonds. Appropriation and charge of loans. Implementation of obligations under agreements.

Identifier

https://oelawhk.lib.hku.hk/items/show/2365

Edition

1964

Volume

v6

Subsequent Cap No.

61

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:06:19 +0800
<![CDATA[IMPORT PROHIBITION (SOUTH AFRICA) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2364

Title

IMPORT PROHIBITION (SOUTH AFRICA) REGULATIONS

Description






IMPORT PROHIBITION (SOUTH AFRICA) REGULATIONS

(Cap. 60, section 31)

[21 November 1986.]

1. These regulations may be cited as the Import Prohibition (South
Africa) Regulations.

2. (1) No person may import any article specified in the Schedule
from the Republic of South Africa except under and in accordance with
a licence issued under section 3 of the Ordinance.

(2) Any person who contravenes paragraph (1) commits an offence
and is liable to a fine of $500,000 and to imprisonment for 2 years.

SCHEDULE

[reg. 2.1

1. Gold coins minted in the Republic of South Africa.

2.Pig iron, spiegeleisen, sponge iron, iron and steel powders and shot, and ferro-
alloys.

3. Ingots and other primary forms of iron or steel.

4. Iron and steel bars, rods, angles, shapes and sections (including sheet piling).

5.

6.

7.

8.

Universal plates and sheets of iron or steel. Hoop and strip of iron or steel.
Rails and railway track construction material of iron or steel. Iron and steel
wire (excluding wire rod), whether or not coated, but not insulated.

9. Tubes, pipes and fittings of iron or steel.

10.Iron and steel castings, forgings and stampings, in the rough state, not
included above.

11. Waste and scrap metal of iron or steel.
L.N. 276/86. Citation. Prohibition of imports from the Republic of South Africa. Schedule. (Cap. 60.)

Abstract

L.N. 276/86. Citation. Prohibition of imports from the Republic of South Africa. Schedule. (Cap. 60.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2364

Edition

1964

Volume

v6

Subsequent Cap No.

60

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:06:19 +0800
<![CDATA[PLACES FOR LODGING IMPORT OR EXPORT DECLARATIONS NOTICE]]> https://oelawhk.lib.hku.hk/items/show/2363

Title

PLACES FOR LODGING IMPORT OR EXPORT DECLARATIONS NOTICE

Description






PLACES FOR LODGING IMPORT OR EXPORT
DECLARATIONS NOTICE

(Import and Export (Registration) Regulations, regulation 6)

[1 November 1987.1

1. This notice may be cited as the Places for Lodging Import or
Export Declarations Notice.

2. Import or export declarations required to be lodged under
regulation 4 or 5 of the Import and Export (Registration) Regulations
may be lodged

(a) in person, at either of the following offices

(i)Customs and Excise Department, Collection Office
(Kowloon), Star House, 2nd Floor, 3 Salisbury Road,
Tsim Sha Tsui, Kowloon.

(ii)Customs and Excise Department, Collection Office Hong
Kong; Harbour Building, 2nd Floor, 38 Pier Road, Central,
Hong Kong;

(b) by sending by pre-paid post to---
Customs and Excise Department, Harbour Building, 8th
Floor, 38 Pier Road, Central, Hong Kong;
G.N. 4048/87. Citation. Places for lodging declarations.

Abstract

G.N. 4048/87. Citation. Places for lodging declarations.

Identifier

https://oelawhk.lib.hku.hk/items/show/2363

Edition

1964

Volume

v6

Subsequent Cap No.

60

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:06:18 +0800
<![CDATA[IMPORT (RADIATION) (PROHIBITION) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2362

Title

IMPORT (RADIATION) (PROHIBITION) REGULATIONS

Description






IMPORT (RADIATION) (PROHIBITION) REGULATIONS*

(Cap. 60, section 31)

[20 November 1959.]

1. These regulations may be cited as the Import (Radiation)

(Prohibition) Regulations.

2. (1) No person shall import any article specified in the

Schedule except under and in accordance with an import licence granted
by the Director.

(2) Any person who contravenes the provisions of paragraph

(1) shall be guilty of an offence and shall be liable to a fine of $10,000
and to imprisonment for 1 year.

SCHEDULE

1. Any substance containing the following

Radium (2) Radon (3) Radium D (4) Radium
E (5) Polonium (6) Mesothorium I (Radium-
228) (7) Radiothorium

Actinium (2) Americium (3) Antimony
(4) Argon (5) Arsenic (6) Barium (7)
Berkelium (8) Beryllium (9) Bismuth
(10) Bromine (11) Cadmium (12)
Caesium (13) Calcium (14) Californium
(15) Carbon (16) Cerium (17) Chlorine
(18) Chromium (19) Cobalt

in whatever form

(8)Mesothorium II
(9) Thorium X
(10) Thorium B
(11) Thorium and other
Thorium Compounds
(12) Uranium
(13) Radioactive luminous
paints and powders.

chemical elements-

(20) Copper
(21) Curium
(22) Dysprosium
(23) Erbium
(24) Europium
(25) Flourine
(26) Gadolinium
(27) Gallium
(28) Germanium
(29) Gold
(30) Hafnium
(31) Holmium
(32) Hydrogen (Tritium)
(33) Indium






(34) Iridium
(35) Iron
(36) Iodine
(37) Krypton
(38) Lanthanum

These regulations were formerly cited
hibition) (Radiation) Regulations.

as

the Importation (Pro-





(39) Lead
(40) Lutecium
(41) Manganese
(42) Mercury
(43) Molybdenum
(44) Neodymium
(45) Neptunium
(46) Nickel
(47) Niobium
(48) Osmium
(49) Palladium
(50) Phosphorus
(51) Platinum
(52) Plutonium
(53) Potassium
(54) Praseodymium
(55) Promethium
(56) Protoactinium
(57) Rhenium
(58) Rhodium
(59) Rubidium
(60) Ruthenium

(61) Samarium
(62) Scandium
(63) Selenium
(64) Silicon

(65) Silver
(66) Sodium

(67) Strontium
(68) Sulphur

(69) Tantalum

(70) Technetium
(71) Tellurium

(72) Terbium
(73) Thallium
(74) Thulium
(75) Tin

(76) Tungsten

(77) Vanadium
(78) Xenon

(79) Ytterbium
(80) Yttrium

(81) Zinc
(82) Zirconium

2. Any apparatus capable of producing ionising radiations (with the exception
of ultra-violet radiation) of any prescribed type, or capable of accelerating atomic
or subatomic particles under any prescribed conditions, such as the following

(A)X-ray machines or tubes of any type or description used for whatever
purpose.

(B)Linear Accelerators, Betatrons, Synchrotrons, Cyclotrons, Synch-
Bevatrons, Van der Graaf Generators and like apparatuses capable of
accelerating atomic or subatomic particles.






G.N.A. 73/59. L.N. 253/80. Citation. Prohibition of import of articles in Schedule except under licence. L.N. 253/80.

Abstract

G.N.A. 73/59. L.N. 253/80. Citation. Prohibition of import of articles in Schedule except under licence. L.N. 253/80.

Identifier

https://oelawhk.lib.hku.hk/items/show/2362

Edition

1964

Volume

v6

Subsequent Cap No.

60

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:06:17 +0800
<![CDATA[EXPORT (CERTIFICATES OF ORIGIN AND COMMONWEALTH PREFERENCE CERTIFICATES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2361

Title

EXPORT (CERTIFICATES OF ORIGIN AND COMMONWEALTH PREFERENCE CERTIFICATES) REGULATIONS

Description






EXPORT (CERTIFICATES OF ORIGIN AND COMNW)NWE*t
~pftFE'NCE CEItTIHC*T' REGULATIONS

ARRANGENIENT OF REGULATIONS

Regulation

1. Citation ........................... ... ... ... ... ... ... ...
2. Interpretation ..................... ... ... ... ... ... ... ... ...

3. Power to appoint approved accountants ... ... ... ... ... ...

4. Revocation of appointment of approved accountant ... ... ... ...
5. Suspension of appointment of approved accountant ... ... ... ...

6. Power to issue certificates ........ ... ... ... ... ... ... ...
7. Power to maintain register ......... ... ... ... ... ... ... ...

8. Method of making application and power to call for evidence in support
9. Restrictions on publication of information obtained under regulation 9

10..............Power to issue, etc . .... ... ... ... ... ... ... ... ... ... ...

11.........................Records to be kept and inspection thereof ... ... ... ... ... ...

12.........Offences ................... ... ... ... ... ... ... ... ... ...

13. Liability of principals ... ... ... ... ... ... ... ... ... ... ...

Page
H 2 H
2 H 2
H 2 H
3 H 3
H 4 H
4 H 5
H 5 H
6 H 6
H 8





EXPORT (CERTIFICATES OF ORIGIN AND
COMMONWEALTH PREFERENCE CERTIFICATES)
REGULATIONS

(Cap. 60, section 31)

[13th January, 1961.]

1. These regulations may be cited as the Export (Certificates
of Origin and Commonwealth Preference Certificates) Regulations.

2. In these regulations, unless the context otherwise requires

'approved accountant- means any person appointed by the Director
under regulation 3;

'certificate' means any Certificate of Origin, Commonwealth
Preference Certificate, letter of support other certificate or
letter and any material or thing securely attached thereto issued
under regulation 6 on the application or request of a
manufacturer, processor, producer or exporter of goods
specified in the certificate;

'Commonwealth or Hong Kong; content' means that proportion or
percentage of manufacturirg costs of any article or articles
attributable to Commonwealth or Hong Kong; expenditure
calculated according to the methods and principles laid down in
Notice No. 27A of the Commissioners of Customs and Excise in
London on Commonwealth Preference regarding goods imported
into the United Kingdom as varied or extended by the Director from
time to time;

'to tissue' includes to endorse and to countersign;

'to use a certificate' means to do or to cause to be done any act
which by itself or together with other acts is calculated to
lead to the belief that a certificate relates to any article manu-
factured, processed or produced in the Colony or exported or
to be exported from the Colony.

3. The Director may appoint in writing any professional
accountant holding a practising certificate as provided in the
Professional Accountants Ordinance to be an approved accountant
for the purposes of these regulations.

4. The Director may revoke the appointment of any person to be an
approved accountant-

(a) where he is satisfied that such person has not, for a period
of 3 years, engaged in the work of an






approved accountant for the purposes of these regulations or
in work for the purposes of any claim for Commonwealth
Preference rates of duty:

Provided that the period during which the appointment of
any person as an approved accoutant has been
suspended under the provisions of regulation 5(1) shall
not be taken into account in determining for the purposes of
this paragraph whether or not the appointment of such
person to be an approved accountant shall be revoked;

(b)where he is satisfied that such person is no longer a professional
accountant holding a practising certificates as provided in the
Professional Accountants Ordinance; or

(c)at the request of such person

5. (1) Where he is satisfied that the work ofany approved
accountant is not satisfactory either for the purposes of these
regulations or for the purposes of any claim for Commonwealth
Preference rates of duty, the Director may suspend the appointment
of such accountant:

Provided that, notwithstanding the suspension of his appointment,
the Director may accept any information or document prepared
and certified by such accountant if such information or
document relates to work which such accountant had commenced
before the suspension of his appointment.

(2) Every such suspensign shall be for a period of 3 years
from the day on which such appointment was suspended

(3) Where, under the provisions of paragraph (1), the appointment
of an approved accountant has been suspended, the Director
shall forthwith send to such accountant by registered post a notice in
writing of such suspension, specifying the date on which his
appointment was suspended.


6. (1) The Director and any authorized officer may issue a
certificate in respect of any article manufactured, processed or pro-
duced in the Colony which has been or is to be exported from the Colony.

(2) Such certificate may specify or contain-

(a)the manner in which such article has been manufactured,
processed or produced;

(b) particulars of the persons concerned in the manufacture,
processing, production or exportation of such article;

(c) particulars prepared by an approved accountant and
certified by him as being correct regarding the manner
in which such article has been manufactured, processed





or produced or the Commonwealth or Hong Kong content
present in the article to which the certificate relates;

(d) such other particulars as regards origin or Commonwealth
or Hong Kong content of the article to which the certificate relates
or of teh materials or parts of which the article is composed or which
were use during the manufacture, processing or production of the articles,
the method of shipment and such other details as may identify the article
or in the case of a Certificate of Origin may generally facilitate its
importation into any country or in the case of a Commonwealth Preference
duties of customs may be claimed or obtained in the Commonwealth in respect
of articles exported or to be exported from the Colony,

and such certificate shall be in suc form as the Director may determine
and shall be subject to such conditions as may be endorsed therein.

7. (1) The Director may maintain a register in such form as he may
determine containing the names, addresses and business of those
persons who are approved by him or an authorized officer as being
eligible to receive certificates under these regulations.

(2) The Director may, before issuing a certificate under regulation 6,
require the applicant for the certificate to be registered under paragraph (1)
the name of any person.

(3) The Director may, without assigning any reason therefor,
enter in, refuse to enter in, delete from or restore to the register
maintained under paragraph (1) the name of any person.

(4) The Director may publish the name and address of any person
whose name is entered in, deleted from or restored to the register.

8. (1) Any person or group of persons who wish to be entered upon
the register maintained under the provisions of regulation 7 or who wish
to be issued with a certificate shall apply to the Director in such manner
and in such form as the Director may determine.

(2) For the purposes of registration or continuation of registration
or the issue of a certificate, the Director or an authorized officer may
require an applicant to maintain or to furnish in such form as he may
provide such records or information as he may specify relating to the
manufacture, processing or production and sale of goods by such applicant
whether or not such goods have been exported or are to be
exported and whether or not such goods are included or have been
included or are to be included on any





certificate under these regulations and may further require any information
so furnished to be prepared or certified or both prepared and certified
by an approvel accountant.

(3) As a condition precedent to registration and as a condition of
continuation of registration the Director may require an applicant to give
such undertaking as to the conduct of his business as the Director may
require.

9. (1) No person shall publish any information obtained by the
Director or an authorized officer under regulation 8 which information
discloses the identity of any person or the nature of any goods
manufactured, processed, produced, sold or exported by any person,
unless the Director gives permission for publication of the information.

(2) The Director shall not give permission for the publication of any
information under paragraph (1) unless

(a)publication is limited to the name and address of the person
identifiable by the information or to whom the information
relates and the fact that he is engaged in the manufacture,
processing, production, sale or exportation of a particular
product, and is made for the purpose of

(i) replying to a trade inquiry; or

(ii) furnishing information to a chamber of commerceor other body
for the time being specified in the Schedule to the Protection of
Non-Government Certificates of Origin Ordinance or to any other
person or organization engaged in trade promotion or similar
activities;

(b)in the opinion of the Director, such publication is desirable for
the purposes of

(i) enforcing a provision of these regulations;

(ii) investigating a suspected offence against these
regulations; or

(iii) investigating a suspected offence in respect of a
certificate or an application for or use of a certificate; or

(e)the person identifiable by the information or to whom the
information relates consents in writing to publication of the
information.

10. The Director or an authorized officer may without assigning any
reason therefor

(a) issue or refuse to issue a certificate;

(b)impose such conditions on the issue of any certificate or type
of certificate or in respect of any class or type of





goods for which a certificate may be issued as he may decide;
and

(c) revoke any certificate issued under regulation 6.

11. (1) Without prejudice to regulation 8(2), a person whose name
is entered in a register maintained under regulation 7 shall keep

(a) accurate and up-to-date records containing particulars of-

(i) wages paid to his employees;

(ii) purchases of materials used in the manufacture,
processing or production of any article;

(iii) the use of any such materials;

(iv) the daily production of articles manufactured, processed
or produced by him;

(v) sales of articles manufactured, processed or produced
by him or another person for him and his stock of such
articles;

(vi) any work, being work consisting of the manufacture,
processing or production of any article, being carried out for
him by another person;

(b) a cash book showing a record of cash and bank receipts and
payments;

(c)such other records and documents as the Director may require.

(2) The record containing particulars of wages paid to employees
shall contain an acknowledgment by each employee of the receipt of his
wages.

(3) Any record kept under paragraph (1) shall be retained by such
person for not less than 2 years after the date of the last entry
therein.

12.(1) Any person who without lawful authority-

(a)uses a certificate in respect of an article other than an article of
the origin, description, quality or Commonwealth or Hong
Kong; content specified in such certificate;

(b)exports an article which is the subject matter of a certificate to
a place or in a manner other than specified in the application
pursuant to which such certificate has been issued;

(c)makes or causes to be made to any certificate issued under
these regulations any alteration whether by addition,
insertion, obliteration, erasure, removal or otherwise;





(d)substitutes or permits, suffers, or allows any other person to
substitute any article whatsoever for any other article in respect
of which a certificate has been issued under these regulations,

shall be guilty of an offence and shall be liable on summary convic-
impri 0

tion to a fine of $100,000 and to imprisonment for 1 year.

(2) Any person who-

(a) with intent to deceive makes or gives or causes to be made or
given any false or incorrect statement in any declaration or
any information whatsoever whether verbal or in writing
required by the Director or an authorized officer under these
regulations;

(b)with intent to deceive makes or gives or causes to be made or
given any false or incorrect information in any document which
he knows or has reason to believe may be used in support of an
application for registration or for. the issue of a certificate made
under the provisions of regulation 8;

(ba) furnishes or causes to be furnished to any other person a
document which

(i) be knows or has reason to believe may be used in support
of an application for the issue of a certificate made under the
provisions of regulation 8; and

(ii) has been signed by him in blank or with the material
particulars incomplete;


(c)is in breach of any undertaking or part thereof given under the
provisions of regulation 8;

. (d) contravenes any of the provisions of regulation 11 ; or

(e)makes in any record kept under regulation 11(1) any statement
which he knows or reasonably ought to know to he false in a
material particular,

shall be quilty of an offence and shall be liable on summary con-
viction to a fine of $50,000 and to imprisonment for 1 year.

(3) Where a person convicted of an offence under these regula-
tions is a company, every director and every officer concerned in the
management of the company shall be guilty of the like offence unless he
proves that the act constituting the offence took place without his
knowledge or consent.



(4) For the purposes of paragraph (2)(ba), the following shall be
material particulars-





(a)particulars of the place at which an article was manu-
factured, processed or produced;

(b)particulars of the principal materials used in the manu-
facture, processing or production of an article and the
source thereof;

(c)particulars of the manner in which in substance an article
has been manufactured, processed or produced;

(d)a description of an article including any brand name or
trade mark; and

(e) particulars of the quantity or weight of an article.

13. Any person who authorizes another person (hereinafter
referred to as the agent) to act for him in relation to anything
required to be done under any of these regulations shall be liable
for the acts and omissions of the agent, and may accordingly be
prosecuted for any offence committed by the agent with respect to
any such act or omission in the same manner as if he had himself
committed the offence, but shall not be sentenced to imprisonment
unless he actually consented to the commission of the offence:

Provided that nothing herein shall relieve the agent from
liability to prosecution.
G.N.A. 1/61. L.N. 19/70. L.N. 170/71. 76 of 1973. L.N. 139/74. Citation. Interpretation. L.N. 170/71. Power to appoint approved accountants. L.N. 170/71. 76 of 1973, s. 3. (Cap. 50.) Revocation of appointment of approved accountant. 76 of 1973, s. 3. (Cap. 50.) Suspension of appointment of approved accountant. L.N. 170/71. Power to issue certificates. L.N. 170/71. L.N. 170/71. Power to maintain register. L.N. 170/71. Method of making application and power to call for evidence in support. L.N. 170/71. Restrictions on publication of information obtained under regulation 8. L.N. 19/70. (Cap. 324.) Power to issue, etc. L.N. 170/71. Records to be kept and inspection thereof. L.N. 170/71. Offences. L.N. 139/74. L.N. 170/71. L.N. 139/74. Liability of principals.

Abstract

G.N.A. 1/61. L.N. 19/70. L.N. 170/71. 76 of 1973. L.N. 139/74. Citation. Interpretation. L.N. 170/71. Power to appoint approved accountants. L.N. 170/71. 76 of 1973, s. 3. (Cap. 50.) Revocation of appointment of approved accountant. 76 of 1973, s. 3. (Cap. 50.) Suspension of appointment of approved accountant. L.N. 170/71. Power to issue certificates. L.N. 170/71. L.N. 170/71. Power to maintain register. L.N. 170/71. Method of making application and power to call for evidence in support. L.N. 170/71. Restrictions on publication of information obtained under regulation 8. L.N. 19/70. (Cap. 324.) Power to issue, etc. L.N. 170/71. Records to be kept and inspection thereof. L.N. 170/71. Offences. L.N. 139/74. L.N. 170/71. L.N. 139/74. Liability of principals.

Identifier

https://oelawhk.lib.hku.hk/items/show/2361

Edition

1964

Volume

v6

Subsequent Cap No.

60

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:06:17 +0800
<![CDATA[IMPORT AND EXPORT (STRATEGIC COMMODITIES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2360

Title

IMPORT AND EXPORT (STRATEGIC COMMODITIES) REGULATIONS

Description






IMPORT AND EXPORT (STRATEGIC COMMODITIES)
REGULATIONS*

(Cap. 60, section 31)

[24 December 1965]

L.N. 154165 -L.N. 35168, L.N. 183171, L.N. 252179, L.N. 411182, L.N. 261183, L.N. 325185,
L.N. 346187, L.N. 194188

Citation

1. These regulations may be cited as the Import and Export (Strategic
Commodities) Regulations.

Prohibition of importation or exportation of articles in
Schedule except under licence

2. No person shall import or export any article specified in the Schedule except
under and in accordance with an import or export licence granted b the Director.

Offences and penalty

3. Any person who contravenes regulation 2 shall be guilty of a offence and
shall be liable on summary conviction to a fine of $500,000 and imprisonment for 2
years.

(L.N. 261183)

Power to amend Schedule

4. The Director may by order amend the Schedule.

SCHEDULE
STRATEGIC COMMODITIES
MUNITIONS LIST

Note: For computer-related terms, see Item II, 1565 or 1566.

ML 1 Small arms and machine guns, as follows --

(a) Rifles, carbines, revolvers, pistols, machine pistols and machine guns, except
antique small arms dated earlier than 1890 and their reproductions;

(b) Smooth-bore weapons specially designed for military use;

(c) Specially designed components therefor, e.g. barrels, cylinders and breeches.

Technical Note:

Smooth-bore weapons specially designed for military use as specified in sub-item (b)
above are those which:

These regulations were formerly cited as the Importation and Exportation (Strategic
Commodities) Regulations.





[reg. 2]

ONS LIST

1565 or 1566.







llows-
tols, machine pistols and machine guns, except
r than 1890 and their reproductions;
designed for military use;
therefor, e.g. barrels, cylinders and breeches.

signed for military use as specified in sub-item (b)

as the Importation and Exportation (Strategic


(a) Are proof tested at presures greater than 1 300 bars (19 117 psi); and
(b) Operate normally and safely at pressures greater than 1 000 bars (14 706 psi); and
(c) Are capable of accepting ammunition greater than 76.2 mm in length
(i.e. commercial 12-gaauge magnum shot gun shells).
The parameters in this Technical note are to be measured according to the standards
of the Commission International Permanente.

Notes:

1. Not used.

2. This Item does not embargo smooth-bore weapons used for hunting or sporting
purposes. These weapons must not be specially designed for military use or of
the fully auto automatic firing type.

3. This Item does not embargo firearms specially designed for dummy ammunition and
which are incapable of firing any embargoed ammunition.

ML2 Large calibre armament or weapons and projectors, as follows, and specially designed
components and 'specially designed software' therefor--
(a) Guns, howitzers, cannon, mortars, tank destroyers, projectile and rocket
launchers, military flame throwers, recoilless riftes;
(b) Military smoke, gas and pyrotechnic projectors.

ML3 Ammunition, and specially designed components and 'specially designed software'
therefor, for the weapons enumerated under Item 1 and 2.

Notes:
1. Specially designed components are understood to include:

(a) Metal or Plastic fabrications such as primer anvils, bullet cups, cartridge links,
rotating bands and munitions metal parts;

(b) Safing and arming devices, fuses and exploding bridge wire connectors;
(c) Power supplies with high one-time operational output.

2. This Item does not cover ammunition crimped without a projectile (blank star) and dummy
ammunition with a pierced powder chamber.

ML 4 Bombs, torpedoes , rockets and missiles guided and unguided, as follows, and 'specially
designed software' therefor--

(a) Bombs, torpedoes, grendaes (including smoke grenades), smoke canisters, rockets,
mines, missiles guided or unguided, depth charges, fire bombs, incendiary bombs
and military demolition charges, devices and kits, pyrotechnic flare signals for
military use, cartridges and simulators; and specially designed components therefor;

(b)Apparatus and devices specially designed for the handling, control, activation,
launching, laying, sweeping, discharging, detonation or detection of items
enumerated in sub-item (a); and specially designed components therefor;

(c) Military fuel thickeners, including but not limited to compounds (e.g. octal) or
mixtures of such compounds (e.g. napalm) specially formulated for the purpose
of producing materials which, when added to petroleum products, provide a
gel-type incendiary material for use in bombs, projectiles, flamethrowers or other
implements of war.


Note:
Specially designed components in sub-item (a) and (b) above include:
(a) Guided missile propulsion systems;
(b) Metal or plastic fabrications such as primer anvils, bullet cups and other munition
metal parts;
(c) Safing and arming devices, fuses and exploding bridge wire connectors;
(d) Power supplies with high one-time operational output.

ML 5 Fire control equipment and range finders, as follows, and specially designed
components, accessories and 'specially designed software' therefor---

(a) Fire control, gun laying, night sighting, missile tracking and guidance equipment;





(b)Range, position and height finders, and spotting instruments specially designed for
military purposes;

(c)Aiming devices, electronic, gyroscopic, acoustic and optical, specially designed
for military purposes;

(d)Bomb sights, bombing computers, gun sights and periscopes, specially designed for
military purposes;

(e) Television sighting units specially designed for military use.

ML 6 Tanks and vehicles specially designed for military purposes, as follows, and specially
designed components and 'specially designed software' therefor--
(a) Tanks and self-propelled guns;
(b) Military type armed or armoured vehicles, and vehicles fitted with mounting
for arms;
(c) Armoured railway trains;
(d) Military half-tracks;

(e) Military type recovery vehicles.,
(f) Gun-carriers and tractors specially designed for towing artillery;
(g) Trailers specially designed to carry ammunition;
(h) Amphibious and deep water fording military vehicles;
(i) Military mobile repair shops specially designed to service military equipment;
(j) All other specially designed military vehicles.

ML 7 Toxicological agents and tear gas and related equipment, as follows, and 'specially
designed software' therefor-
(a) Biological, chemical and radioactive materials adapted for use in war to produce
casualties in men or animals, or to damage crops;
(b) Equipment specifically designed and intended for the dissemination of the materials
described in sub-item (a);
(c) Equipment specifically designed and intended for defence against the materials
described in sub-item (a), and for their detection and identification;
(d) Components specially designed for the ite s listed in (b) and (c) above.

Note:

Sub-item (c) does not include personal radiation monitoring dosimeters.

ML 8 Military explosives and fuels, as follows, additives, precursors and stabilizers therefor,
and 'specially designed software' therefor---
Technical Notes:
1 . Additives are substances used in explosive formulations to improve their properties;
2. Stabilizers are substances used in explosive formulations to improve their
shelf-life;
3. Precursors are speciality chemicals used in the manufacture of military explosives.
Except as they may be proscribed elsewhere, the term is not intended to cover
industrial chemicals that are widely available in international markets;

(a) Military high explosives;

Technical Note:
Military high explosives are solid liquid or gaseous substances or mixtures of
substances which, in their aplication as primary, booster, or main charges in
warheads, demolition and other military applications, are required to detonate.

id or gaseous substances or mixtures of as
primary, booster, or main charges in i ry
applications, are required to detonate.

(b) Military propellants;

Technical Note:
Military propellants are solid, liquid or gaseous substances or mixtures of
substances used for propelling projectiles missiles, or to generate gases for
powering auxiliary devices for embargoed military equipment which, when ignited,
burn or deflagrate to produce quantities of gas capable of performing work, but
in their application these quantities are required not to undergo a deflagration to
detonation transition.





(e) Military pyrotechnics;

Technical Note:

Military pyrotechnics are mixtures of solid or liquid fuels and oxidizers which,
when ignited, undergo an energetic chemical reaction at a controlled rate intended
to produce specific time delays, or quantities of heat, noise, smoke, visible light
or infrared radiation. Pyrophorics are a subclass of pyrotechnics, which contain
no oxidizers but ignite spontaneously on contact with air.

(d)Military high-energy solid or liquid fuels, including aircraft fuels specially
formulated for military purposes;

Note:
It is understood that this sub-item covers finished products only and does not
cover constituents.

ML9 Vessels of war and special naval equipment, as follows, and 'specially designed
software' therefor-
(a) Combatant vessels or vessels designed for offensive or defensive action (surface or
underwater) whether or not converted to non-military use and regardless of current
state of repair or operating condition, and hulls or parts of hulls for such vessels;

(b) Engines, as follows

(1) Diesel engines of 1 500 h.p. and over with rotary speed of 700 r.p.m. or over,
specially designed for submarines;
(2) Electric motors specially designed for submarines, i.e. over 1000 h.p., quick
reversing type, liquid cooled and totally enclosed;

(3)Non-magnetic diesel engines, 50 h.p. and over, specially designed for military
purposes;

Note:

An engine shall be presumed to be specially designed for military purposes if.

(a)It has non-magnetic parts other than crankcase, block, head, pistons, covers,
end plates, valve facings, gaskets, and fuel, lubrication and other supply lines;
or

(b) Its non-magnetic content exceeds 75 per cent of total weight.

(c) Magnetic, pressure, and acoustic underwater detection devices specially designed
for military purposes; controls and components thereof;

(d) Submarine and torpedo nets;

(e) Compasses and equipment therefor and ship's course indicators, specially
designed for submarines.

(f) Specially designed components, accessories and attachments to the foregoing, such
as turrets, naval gun mounts, submarine batteries and catapults;

(g)Hull penetrators and connectors specially designed for military purposes that
enable interaction with equipment external to a vessel;

(h) Silent bearings for military purposes and equipment containing those bearings.

ML 10 Aircraft and helicopters, of the pilot or pilotless types, and aero-engines and aircraft
or helicopter equipment, associated equipment and components, specially designed for
military purposes, as follows, and 'specially designed software' therefor---
(a) Combat aircraft a d helicopters and other aircraft and helicopters specially
designed for military purposes, including military reconnaissance, assault, military
training and logistic support, and all aircraft and helicopters having special
structural features such as multiple hatches, special doors, ramps, reinforced floors
and the like, for transporting and airdropping troops, military equipment and
supplies; aero-engines specially designed or adapted for use with such aircraft and

helicopters, with the exception of aero-engines excepted under Item IL 1460(d)
on these Lists; and specially designed components therefor;

(b)Airborne equipment, including airborne refuelling equipment, equipment specially
designed for use with the aircraft and helicopters and the engines of the types of
aircraft and helicopters covered by sub-item (a) and specially designed
components therefor;





(c)Pressure refuellers, pressure refuelling equipment, equipment specially designed
to facilitate operations in confined areas and ground equipment, not elsewhere
specified, developed specially for aircraft and helicopters, an aircraft and helicopter
engines covered by sub-item (a);

(d)Pressurized breathing equipment and partial pressure suits fo use in aircraft and
helicopters, anti-'g' suits, military crash helmets, parachutes used for combat
personnel, cargo-dropping, and aircraft deceleration, liquid oxygen converters used
for aircraft, helicopters and missiles, catapults and cartridge actuated devices
utilized in emergency escape of personnel from aircraft and helicopters.

ML 11 Electronic equipment specially designed for military use and specially designed
components and 'specially designed software' therefor.

ML 12 Photographic and electro-optical imaging equipment as follwos, and specially designed
components and 'specially designed software' therefor--

(a) (1)Air reconnaisance cameras and associated equipment designed for military
purposes;
(2) Film processing and printing machine designed for military purposes;

(b)Other cameras and electro-optical imaging devices, including infrared and imaging
radar sensors, whether recording, or transmiting via data link, designed for
military (including reconnaissance) purposes;

(c) Specialized equipment for the cameras a electro-optical imaging devices
embargoed by sub-item (b) above designed make the recorded or transmitted
information militarily useful.

Note:
Specialized equipment covered by sub-item (c) above which relate to electro-optical
imaging devices and imaging radar sensors includes but is not limited to digital
image processors and softcopy imagery isplay devices.

(See also Munitions List Item ML 15).

ML 13 Special armoured equipment, as follow

(a) Armoured plate;

(b)Combinations and constructions of metallic or non-metallic materials specially
designed to provide ballistic protection for military systems;

(c) Military helmets-

Note:

This sub-item is not intended to embargo conventional steel helmets not equipped
with, modified or designed to accept any type of accessory device;

(d) Body armour, flak suits and specially designed components therefor.

ML 14 Specialized military training equipment and specially designed components and
accessories and 'specially designed software' therefor.
ML 15 Military infrared and thermal imaging equipment and image intensifier equipment, and
specially designed components 'specially designed software' therefor.
(See also Items IL 1502, 1555 and 1556.)

ML 16 Forgings, castings and semi-finished products specially designed for the products
embargoed by Items ML 1,2,3,4 and 6 on this List.
ML 17 Miscellaneous equipment and materials, and 'specially designed software' therefor,
as follows-
(a) Self-contained diving and underwater swimming apparatus, as follows:

(1) Closed and semi-closed circuit (rebreathing) apparatus;

(2)Specially designed components for use in the conversion of open-circuit
apparatus to military use;

(3)Articles exclusively designed for military use with self-contained diving and
underwater swimming apparatus;





(b) Fire arms silencers (mufflers);

(c)Power-controlled searchlights and control units therefor, designed for military use
and 'specially designed software' therefor;

(d)Construction equipment built to military specifications, specially designed for
airborne transport.

ML 18 Equipment and technology for the 'production' of items referred to in this List,
as follows, and 'specially designed software' therefor--

(a) Specially designed 'production' equipment;
(b) Components specially designed for equipment embargoed by (a) above;
(c) 'Production' equipment embargoed elsewhere on these Lists including that subject
to national discretion;
(d) Specific 'production' technology, even if the equipment with which such
technology is to be used is unembargoed;
(e) Technology specific to the design o the assembly of components into, and the
operation, maintenance and repair of complete 'production' installations even if
the components themselves are unembargoed.

Note:

'Production' includes design, examination, manufacture, testing and checking.

ML 19 Environmental chambers capable of pressures below 0.133 microbar (10-4 Torr) and
specially designed components the therefor.
Note:
This item is not intended to cover equipment fitted with such industrial machinery as
is not embargoed by the Lists, for instance coating machinery, not elsewhere specified,
and equipment for the casting of plastics.

ML 20 Cyrogenic and superconductive equipment and components, and 'specially designed
software' therefor, as follows-

(a) Equipment specially designed or configured to be installed in a vehicle for military
ground, marine, airborne or space application and capable of operating while
in motion and of producing or maintaining temperatures below 103K (- 170 o C,
-274 o F), and specially designed accessories and components and 'specially
designed software' therefor;

(b) Superconductive electrical equipment (rotating machinery and transformers)
designed for operation at termperatures below 103K (- 170 o C, - 274 o F), and that
are specially designed or configured to be installed in a vehicle for military ground,
marine, airborne or space applications and capable of operating while in motion,
except direct-current hybrid homopolar generators that have single-pole normal
metal armature, which rotate in a magnetic field produced by super-conducting
windings, provided those windings are the only superconducting component in the
generator, and specially designed accessories and components and 'specially
designed soflware' therefor.

ML 22 Electrically triggered shutters of the carbon injection or photochromic function type
having a shutter speed of less than 100 microseconds, and 'specially designed software'
therefor; except shutter which are an essential part of a high-speed camera.

ML 23 Directed engergy weapons systems, as follows, and 'specially designed software'
therefor-
(a) laser system specially designed for destruction or effecting mission-abort of
a target;
(b)Particle beam and microwave systems capable of destruction or effecting
missionabort of a target;

(c)Specially designed components for systems embargoed by (a) and (b) above,
including but not limited to:

(1)Prime power generation, engergy storage and switching, and fuel-handling
equipment;

(2) Target acquisition and tracking sub-systems;





(3) Sub-systems capable of damage assessment;
(4) Beam-handling and projection equipment;
(5) Equipment with rapid beam slew capability for rapid multiple target pc tions;
(6) Specially designed components for the equipment embargoed by (1) to (5)
above.

Note:
See Item IL 1522 for embargo parameters of lasers and associated laser components.

ML 24 'Software' (as defined in Item IL 1566), as follows-

(a)'Software' specially designed for the modelling, simulation or evaluation of
military weapons systems; and

(b)'Software' for determining the effects of conventional, unclear, chemical or
biological warfare weapons.


ATOMIC ENGERY LIST

A NUCLEAR MATERIALS

A 1 Special and other fissile materials, the following-

(a) Plutonium, all isotopes, alloys, compounds and any material containing any of the
foregoing;

(b) Uranium 233, uranium enriched in the isotop 235 or 233, alloys, compounds
and any material containing any of the foregoing;
(c) Previously separated americiurn-242m, curium-245 and -247, and californium-249
and -251 and any material containing the foregoing.

Note:
'Uranium enriched in the isotopes 235 or 233' is defined as uranium containing the
isotopes 235 or 233, or both, in an amount such that the abundance ratio of the sum
of these isotopes to the isotope 238 is more than the ratio of the isotope 235 to the
isotope 238 occurring in nature (isotopic ratio:0.72 per cent).

A2 Natural and depleted uranium, in any form or incorporated in any substance in which
the concentration of uranium exceeds 0.05 per cent by weight, except-

(i) Shipments having a natural uranium content of-
(1) 10 kg or less for any application, or
(2) 100 kg or less for civil non-nuclear applications;

(ii) Uranium depleted in the isotope 235 in which the uranium 235 isotope comprises
less than 0.35 per cent of the total uranium assay;

(iii) Depleted uranium specially fabricated for the following civil applications:
(1) Shielding;
(2) Packaging;
(3) Ballasts;
(4) Counter-weights,

A 3 Deuterium, heavy water, deuterated paraffins and other organic and inorganic
compounds, mixtures and solutions containing deuterium, in which the isotopic ratio
of deuterium to hydrogen exceeds 1:5 000, except shipments of the above having a
deuterium content of 10 kg or less.

A4 Zirconium metal; alloys containing more than 50 per cent zirconium by weight;
compounds, in which the ratio of hafnium to zirconium is less than 1:500 parts by
weight, and manufactures wholly thereof; except

(i) Zirconium metal and alloy in shipments of 5 kg or less;
(ii) Zirconium in the form of foil or strip having a thickness not exceeding 0.025 mm
(0.00095 in.) and specially fabricated and intended for use in photo flash bulbs, in
shipments of 200 kg or less.





A 5 Nickel powder and porous nickel metal, as follows

(a)Powder with a nickel purity content of 99 per cent or more and a mean particle size
of less than 10 micrometres measured by the ASTM B.330 standard;

(b) Porous nickel metal produced from materials embargoed by sub-item (a) above
except single porous nickel metal sheets not exceeding 930 cm2 intended for use in
batteries for civil applications.

Note:

1.Sub-item (b) above refers to porou nickel metal manufactured from nickel powder
defined in sub-item (a) above which has been compacted and sintered to form a metal
material with fine pores interconnected throughout the structure.

A6 Nuclear-grade graphite, i.e. graphite having a purity level of less than five parts per
million boron equivalent and with a density greater than 1.5 g/cm3, except individual
shipments of 100 kg or less.

A7 Lithium, as follows

(a) Metal, hydrides or alloys containing lithium enriched in the 6 isotope to a
concentration higher than the one existing in nature (7.5 per cent on an atom
percentage basis);

(b)Any other materials containing lithium enriched in the 6 isotope (including
compounds, mixtures and concentrates), except lithium enriched in the 6 isotope
incorporated in thermoluminesce dosimeters.

(For the deuteride of natural lithiu or of lithium enriched in the 7 isotope, see Item
A3.).

A8 Hafnium, as follows: metal, alloys and compounds of hafnium containing more than
60 per cent hafnium by weight, and manufactures thereof, except shipments of the
above having a hafnium content of kg or less.

A9 Beryllium, as follows: metail, alloys containing more than 50 per cent beryllium by
weight, compounds containing beryllium. and manufacturers thereof, except-
(i) Metal windows for X-ray machines;
(ii) Oxide shapes in fabricated or semi-fabricated forms specially designed for electronic
component parts or as substrates for electronic circuits;
(iii) Shipments of 500 g or less of beryllium having a purity of 99 per cent or less, or
100 g or less of beryllium having a purity of greater than 99 per cent, provided
shipments exclude sigle crystals;
(iv) Shipments of 5 kg or less of beryllium contained in compounds with a purity of less
than 99 per cent,

A12 Tritium, compound anxtures containing tritium in which the ratio of tritium to
hydrogen by atom exceeds 1 part in 1000, and products containing one or more of the
foregoing, except

(i)Shipments of tritium, compounds, mixtures and individual products containing one
or more of the foregoing substances not exceeding 100 curies;

(ii) Tritium contained in luminous paint, self-luminous products, gas and aerosol
detectors, electron tubes, lightning or static elimination devices, ion generating
tubes, detect cells of gas chromatography devices, and calibration standards;

(iii) Compounds an d mixtures of tritium, where the separation of the constituents
cannot result in the evolution of an isotopic mixture of hydrogen in which the
ratio of tritium to hyrogen by atoms exceeds 1 part in 1000.

A 13 Materials for nulcear heat sources, as follows-
(a) Plutonium in any form with a plutonium isotopic assay of plutonium-238 of more
than 50 per cent, except:
(i) Shipments with a plutonium content of one gramme or less;
(ii) Shipments, of three effective grammes or less when contained in a sensing
component in instruments;
(iii) Plutonium-238 contained in heart pacemakers;





(b)'Previously separated' neptunium-237 in any form, except shipments with a
neptunium-237 content of one gramme or less.

Technical Note:
For the purpose of this Item, 'previously separated' is defined as the application of
any process intended to increase the concentration of the controlled isotope.

A14 Specially designed or prepared materials for the separation of isotopes of natural
uranium, depleted uranium and special and other fisile material , including specially
designed chemical exchange resins.

B NUCLEAR FACILITIES

B1 Plants for the separation of isotopes of natural ur j m and depleted uranium,
special and other fissile materials, and specially designed or prepared equipment and
components therefor, including---
(a) Units specially designed for separating isotopes of natural uranium and depleted
uranium, special or other fissile materials, such as:

(1) Gas centrifuges;

(2) Jet nozzle separation units;

(3) Vortex separation units;

(4) Laser isotopic separation units;

(5) Chemical exchange separation unit

(6) Electromagnetic separation units;

(7) Plasma separation units.

(8) Gaseous diffusion separation units;

(b) Specially designed components for the above, including:

(1)Valves wholly made of or lined with aluminium, aluminium alloys, nickel or
alloy containing 60 per cen or more nickel, 0.5 cm or greater in diameter,
with bellows seals, except valves not so defined;

(2)Blowers and compressor (turbo, centrifugal and axial flow types) wholly made
of or lined with aluminium, aluminium alloy, nickel or alloy containing 60 per
cent or more nickel and having a capacity of 1700 litres (1.7 m3) per minute or
greater including compressor seals, except blowers and compressors not so defined;

(3) Gaseous diffusion barriers;

(4) Gaseous diffusion hoousings;

(5)Heat exchangers made of aluminium, copper, nickel or alloys containing
more than 60 per cent nickel, or combinations of these metals as clad tubes,
designed to operate at subatmospheric pressure with a leak rate of less than 10
pascal (0.1 millibar) per hour under a pressure differential of 105 pascal (1
bar), except heat exchangers not so defined.

(For specially design or prepared materials for the separation of isotopes, see Item A
14.)

B2 Plants for the reprocessing of irradiated nuclear reactor fuel elements, and specially
designed or prepared equipment and components therefor, including-
(a) Fuel element chopping or shredding machines, i.e. remotely operated equipment
to cut, chop, shred or shear irradiated nuclear reactor fuel assemblies, bundles
or rods;

b)Criticality safe tanks (e.g. small diameter, annular or slab tanks) specially designed
or prepared for the dissolution of irradiated nuclear reactor fuel, which are capable
of withstanding hot, highly corrosive liquids, and which can be remotely loaded
and maintained;

(c)Counter-current solvent extractors and ion-exchange processing equipment
specially designed and prepared for use in a plant for the reprocessing of irradiated
natural uranium, depleted uranium or special and other fissile materials;


(d)Process control instrumentation specially designed or prepared for monitoring
or controlling the reprocessing of irradiated source and special and other fissile
materials.

Note:

A plant for the reprocessing of irradiate nuclear reactor fuel elements includes
equipment and components which normally come into direct contact with and
directly control the irradiated fuel and the major nuclear material and fission product
processing streams.

Nuclear reactors, i.e. reactors capable of operation so as to maintain a controlled,
self-sustaining fission chain reaction, and equipment and components specially
designed or prepared for use in connection with a nuclear reactor, including

(a)Pressure vessels, i.e. metal vessels as complete units or as major shop-fabricated
parts therefor, which are specially designed or prepared to contain the core of a
nuclear reactor and are capable of withstanding the operating pressure of the
primary coolant, including the top plate a reactor pressure vessel;

(b) Fuel element handling equipment, including reactor fuel charging and discharging
machines;

(c) Control rods, i.e. rods specially designed or prepared for the control of the
reaction rate in a nuclear reactor, including the neutron absorbing part and the
support or suspension structures therefor, and control rod guide tubes;

(d)Electronic controls for controlling the power levels in nuclear reactors, including
reactor control rod drive mechanisms and radiation detection and measuring
instruments to determine neutro flux levels;

(e) Pressure tubes, i.e. tubes specially designed or prepared to contain fuel elements
and the primary coolant in nuclear reactor at an operating pressure in excess of
50 bars (atmospheres);

(f) Coolant pumps i. e. pumps specially designed or prepared for circulating the
primary coolant of nuclear reactors;


(g) Internals specially designed or prepared for the operation of a nuclear reactor,
including but not limited to core support structures, thermal shields, baffles, core
grid plates and diffuser plates;

(h) Heat exchangers.



Note:

A 'nuclear reactor' includes the items within or attached directly to the reactor vessel,
the equipment which controls the level of power in the core, and the components which
normally contain or come into direct contact with or control the primary coolant of
the reactor core.

B4 Plants specially designed for the fabrication of nuclear reactor fuel elements and
specially designed equipment therefor.

B5 Plants for the production of heavy water, deuterium, or deuterium compounds, and
specially designed or prepared equipment and components therefor.

B6 Plants for the production of uranium hexatluoride (UF6) and specially designed or
prepared equipment (including UF6 purification equipment) and components therefor.

C NUCLEAR-RELATED EQUIPMENT

C1 Neutron generating systems, including tubes, designed for operation without an external
vacuum system and utilizing electrostatic acceleration to induce a tritium-deuterium
nuclear reaction.

C2 Power generation or propulsion equipment specially designed for use with military,
space, marine or mobile nuclear reactors.

C3 Electrolytic cells for the production of fluorine with a production capacity greater
than 250 g of fluorine per hour.

C4 Equipment specially designed for the separation of isotopes of lithium.

C5 Equipment specially designed for the production or recovery of tritium.





C 6 Frequency changers (converters or invertors) specially designed or prepare to supply
motor stators for gas centrifuge enrichment, having all of the following characteristics,
and specially designed components therefor:

(a) A multiphase output of 600 Hz to 2 kHZ:
(b) Frequency control better than 0. 1 per cent;
(e) Harmonic distortion of less than 2 per cent; and
(d) An efficiency greater than 80 per cent.
(See also Item B 1 on this List.)

INDUSTRIAL LIST

GROUP A

METAL-WORKING MACHINERY

IL 1001 Technology for metal-working manufacturing Processes and specially designed
'software', as follows-

I. Definitions of terms used in this Item-

(a) 'Hot die forging' is a deformation process where die temperatures are at the
same nominal temperature as the workpiece and exceed 850K (577 o C, 1070 o F);

(b) 'Superplastic forming' is a deformation process using heat for metals that are
normally characterised by low values of elongation (less than 20 per cent) at the
breaking point as determined at room temperature by conventional tensile
strength-testing, in order to achieve elongations during processing which are at
least 2 times those values;

(c)'Diffusion bonding' is a solid-state molecular joining of at least two separate
metals into a single piece with a joint strength equivalent to that of the weakest
material;

(d)'Metal powder compaction' is a process capable of yielding parts having a density
of 98 per cent or more of the theoretical maximum density;

(e)'Direct-acting hydraulic pressing'' is a deformation process which uses a fluid-
filled flexible bladder in direct contact with the workpiece;

(f) 'Hot isostatic densification', is a process of pressurizing a casting at temperatures
exceeding 375K (102 o C, 215.6 o F) in a closed cavity through various media (gas,
liquid, solid particles etc.) to create equal force in all directions to
reduce or eliminate internal voids in the casting;

(g) 'Vacuum hot pressing ' is a process which uses a press with heated dies to
consolidate metal powder under reduced atmospheric pressure into a part;

(h)'High pressure extrusion' is a process yielding a single-pass reduction ratio of 4
to 1 or greater in cross-sectional area of the resulting part;

(i) 'isostatic pressing' is a process which uses a pressurizing medium (gas, liquid, solid particles, etc) in a
solid particles, etc) in a closed cavity to create equal force in all direction upon a metal powder-filled
container for consolidating the powder into a part.

11. Listed as follows

(a) Technology for the design of tools, dies and fixtures specially designed for the
following processes
(1) 'Hot die forging';
(2) 'Superplastic forming';
(3) 'Diffusion bonding';
(4) 'Metal powder compaction' using
(i) 'Vacuum hot pressing';
(ii) 'High-Pressure extrusion'; or
(iii) 'Isostatic pressing';
(5) 'Direct-acting hydraulic pressing';





(b) Technical data consisting of process parameters as listed below used to control--

(1) 'Hot die forging';
(i) Temperature;
(ii) Strain rate;

(2) 'Superplastic forming' of aluminium alloys, titanium alloys and superalloys
(i) Surface preparation; (ii) Strain rate;

(iii) Temperature;

(iv) Pressure;

(3) 'Diffusion bonding' of superalloys and titanium alloys
(i) Surface preparation;
(ii) Temperature;
(iii) Pressure;

(4) 'Metal powder compaction' using
(i) 'Vacuum hot pressing'
(a)Temperature;
(b) Pressure;
(c)Cycle time;
(ii) 'High pressure extrusion'
(a) Temperature;
(b) Pressure;
(c) Cycle time;
(iii) 'Isostatic pressing'-
(a) Temperature;
(b) Pressure,-
(c) Cycle time;

(5) 'Direct-acting hydraulic pressing' of aluminium alloys, and titanium alloys
(i) Pressure; (ii) Cycle time;

(6) 'Hot isostatic densification' of titanium alloys, aluminium alloys and
superalloys-

(i) Temperature;
(ii) Pressure;
(iii)Cycle time.

IL 1075 Spin-forming and flow-formin machines specially designed or adapted for use with
numerical or computer controls and specially designed components and 'specially
designed software' therefor.

IL 1080 (I) Specially designed equipment, tooling and fixtures for the manufacture or
measuring of gas turbine blades or vanes, as follows, and specially designed components
and accessories and 'specially designed software' for the equipment, components and
accessories--

(a) Blade or vane aerofoil or root automatic measuring equipment;

(b) Precision vacuum investment casting equipment, including core-making
equipment;

(c) Small-hole drilling equipment for producing holes having depths more than four
times their diameter and less than 0.03 inch (0.76 mm) in diameter;





(d) Directional solidification casting equipment and directional recrystallization
equipment;
(e) Segmented cast blade or vane bonding equipment;
(f) Integral blade-and-disc casting equipment;

(g) Blade or vane coating equipment, except furnaces, molten-metal baths and
ion-plating baths;
(h) Ceramic blade or vane moulding and finishing machines;
(i) Moulds, cores and tooling for the manufacture and finishing of:
(1) Cast hollow turbine blades or vanes;
(2) Turbine blades or vanes produced by powder compaction,
(j) Composite metal turbine blade or vane moulding and finishin machines;
(k) Inertial blade or vane welding machines.

(II)Technology (except installation, operation and maintenance technology) for use
of the following unembargoed equipment-
(a) Blade or vane belt grinding machines;
(b) Blade or vane edge radiusing machines;
(c)Blade or vane aerofoil milling or grinding machines;
(d)Blade or vane blank preforming machines;
(e) Blade or vane rolling machines;
(f) Blade or vane aerofoil shaping machines except metal removing types;
(g) Blade or vane root grinding machines;
(h)Blade or vane aerofoil scribing equipment.
Explanatory Notes:
1.Manufacture (making) includes refurbishing.
2.This definition also covers machinery and equipment for the manufacture of
blades or vanes in the compressor section of aircraft or aircraft-derived gas turbine
engines where the technology is the same as for the manufacture of blades or
vanes in the turbine section.

IL 1081 Specially designed or modified equipment, tools, dies, moulds and fixtures for the
manufacture or inspection of aircraft, airframe structures or aircraft fasteners, as
follows, and specially designed components and accessories and 'specially designed software'
for the equipment, components and accessories --
(a) Equipment, tools, dies, moulds or fixtures for:
(1) Hydraulic stretch forming:

(i) Whose machine motions or forces are digitally controlled or controlled
by electrical analogue devices; or

(ii) Which are capable of thermal-conditioning the workpiece;
(2) The milling of aircraft skin or spars;
(b) Tools, dies, moulds or fixtures for:
(1) 'Diffusion bonding';
(2) 'Superplastic forming';
(3) 'Hot die forging';
(4) Metal powder compaction by vacuum hot pressing, high-pressure extrusion or
isostatic pressing;

(5) Direct-acting hydraulic pressing of aluminium alloys and titanium alloys;

(6)The manufacture, inspection, inserting or securing of specially designed high-
strength aircraft fasteners.

Note:
For the definition of the processes and control of the metal-working
manufacturing technologies mentioned above, see Item IL 1001.



IL 1086 Specially designed or modified equipment, tools, dies, moulds, fixtures and gauges for
the manufacture or inspection of aircraft and aircraft-derived gas turbine engines, as
follows, and specially designed components and accessories and 'specially designed
software' for the equipment, components and accessories-

(a) Equipment, tools, dies, moulds, fixtures and gauges:

(1) For automated production inspection;

(2) For automated welding;

(b) Tools, dies, fixtures and gauges:

(1) For solid-state joining by inertial welding or th thermal bonding

(2) For manufacture and inspection of high-performance gas turbine bearings;

(3) For rolling specially configured rings such as nacelle rings;

(4) For forming and finishing turbine discs;

(c) Compressor or turbine disc broaching machines
Note:
This sub-item embargoes only broaching machines specially designed for the
manufacture of aircraft or aircraft derived gas turbine engines, and not general
purpose broaching machines specially adapted for that purpose.

IL 1088 Gear making or finishing machinery, as follows

(a) Bevel gear making machinery:

(1) Gear grinding machinery (non-generating type);

(2) Other machinery capable of the production of bevel gears of module finer
than 0.5 mm (diametral pitch finer than 48) and meeting a quality standard
better than DIN 58405 Class 6;

Technical Note:
If not rated in AGMA standards, DIN 3963 Class 4 shall be considered to be the equivalent of
DIN 58405 Class 6 '

(b)Machinery capable of producing gears in excess of AGMA quality level 13 or
equivalent.

Technical Note:

If not rated in AGMA standards, DIN 3963 Class 4 shall be considered equivalent
to AGMA quality level 13.

IL 1091 Numerical control units, nurmerically controlled machine-tools, dimensional inspection
machines, direct numerical control systems, specially designed sub-assemblies, and
specially designed 'software', as follows--

(a)Units for numerically controlling simultaneously coordinated (contouring and
continuous path) movements of machine-tools and dimensional inspection
machines in two or more axes, except those having all of the following
characteristics:

(i)No more than two contouring interpolating (any mathematical function
including linear and circular) axes can be simultaneously coordinated. Units
may have:

(1)One or more additional axes for which rate of movement is not
coordinated, varied or modulated with that of another axis;

(2)One additional set of two contouring axes provided a separate feed rate
number standard or optional, does not control more than any two
contouring axes; or

(3) Two contouring axes switchable out of any number of axes;
(ii) Minimum programmable increment equal to or greater than 0.001 mm;
(iii) Interfaces limited as follows:

(1) No integral interface designed to meet ANSI/IEEE standard 488-1978,
IEC publication 625-1; or any equivalent standard; and

(2)No more than two interfaces meeting EIA standard RS-232-C or any
equivalent standard;





(iv) On-line (real-time) modification of the tool path, feed rate and spindle data

limited to the following:

(1) Cutter diameter compensation normal to the centreline path;

(2)Automatic acceleration and deceleration for starting, cornering and
stopping;

(3)Axis transducer compensation including lead screw pitch compensation
(measurements on one axis may not compensate another axis);

(4) Constant surface speed with or without limits;

(5) Spindle growth compensation;
(6) Manual feed rate and spindle speed override;
(7) Fixed and repetitive cycles (does 1 ot include automatic cut vec
generation);

(8) Tool and fixture offset;

(9) Part programme tape editing, excluding source programme language
and centreline location data (CLDATA);

(10) Tool length compensation;

(11) Part programme storage;

(12) Variable pitch threading;

(13) Inch/metric conversion;

(14) Feed rate override based on spark voltage for electrical discharge
machines;

(Y) Word size equal to or less than 16 bits (excluding parity bit(s));

(vi)'Software' or 'firmware', including 'software' or 'firmware' of any
programmable unit or device furnished, shall not exceed control unit
functions as provided in (i) to (v) above, and is restricted as follows:

(1)Only the following application programmes can be furnished which shall
be executable without further compilation, assembly, interpretation, or
processing, other than control unit parameter initialization, and
memory storage loading, and each shall be supplied as an entity rather
than in modular form:

(a) An operatyng progamme to allow the unit to perform its normal

functions;

(b) One or ore diagnostic programmes to verify control or machine

performance and permit localization of hardware malfunctions;

(c) A translator programme with which the end-user can programme
the control-to-machine interface;

(2) Programme documentation for application programmes shall not
contain the following:

(a) Listing of programme instructions (except that necessary for
diagnostics for routine hardware maintenance);

(b) Description of programme organization or function beyond that
required for programme use and for maintenance of hardware with which these programmes operate;

(c) Flow charts, logic diagrams or the algorithms employed (except those
necessary for use of diagnostic for routine hardware maintenance);

(d) Any reference to specific memory storage locations (except those
necessary for use of diagnostics for routine hardware maintenance);

(e)Any other information about the design or function of the
'software' which would assist in the analysis or modification of all or
part of it.





Explanatory Notes:

1. For 'digital computers' either 'incorporated' in or 'associated' with, but
not 'embedded' in, controllers, see Item IL 1565.

2. Technology for the design and production (except assembly and testing)
of two-axis numerical control units with an 'embedded' computer
remains embargoed.

(b) Machine-tools and dimensional-inspection machines which, according to the
manufacturer's technical specifications, can be equipped with numerical control
units covered by sub-item (a) above, except:

(i) Boring mills, milling machines, and machining centres having all of the following characteristics:

(1) (a) Not more than three axe capable of simultaneously coordinated
contouring motion, ie the total number of linear plus rotary con-touring
axes cannot exceed three. (A secondary parallel contouring axis, eg
W axis on horizontal boring mills, is not counted in the total of
three contouring axe . A secondary rotary table, the centreline of
which is parallel to the primary rotary table, is also not counted in
the total of three contouring axes. Machines may have noncontouring
parallel or non-contouring, non-parallel rotary axes in addition to the
three axe capable of simultaneously coordinated contouring
motion. Machines having the capability of being simultaneously coordinated
in more than three axes are not excluded from embargo even if the numerical control unit attached to the machine
limits it to three simultaneously coordinated contouring axes. For
example, a machine with a control unit switchable between any
three out of four contouring axes is not excluded from embargo); or

(b) Not more than three linear axes plus one rotary axis, but no tilting
axis, capable of simultaneously coordinated contouring motion, ie
the total number of linear plus rotary contouring axes cannot exceed
four. (A secondary parallel contouring axis, eg W axis on horizontal
boring mills, is not counted as an additional contouring axis. A
secondary rotary table, the centreline of which is parallel to the
primary rotary table, is also not counted as an additional contouring
axis. Machines may have non-contouring parallel or non-contouring,
non-parallel rotary axes in addition to the four axes capable of
simultaneously coordinated contouring motion. Machines having
the capability of being simultaneously coordinated in more than
four axes are not excluded from embargo even if the numerical control
unit attached to the machine limits it to three simultaneously
coordinated contouring axes. For example, a machine
with a control unit switchable between any three out of five contouring axes is not
excluded form embargo);

(2) Maximum slide travel in any axis equal to or less than 3 000 mm;

(3) Spindle drive motor power equal to or less than 35 kW;
(4) Single wording spindle (the machine may have multiple tool heads or turrets as standard or optional,
but only one working spindle may be operative at a time).
A spindle capable of driving a multiple drill head is
considered as a single spindle;

(5) Axial and radial motion measured at the spindle axis in one revolution
of spindle equal to or greater than D x 2 x 10-5 mm TIR (peak-to-
peak) where D is the spindle diameter in mm;

(6) An incremental positioning accuracy equal to or greater (coarser) than
+ 0.002 mm in any 200 mm of travel;

(7) Overall position accuracy in any axis equal to or greater (coarser)than--

(a) +0.01mm for machines with total length of axis travel equal to or less than 300 mm;
(b) +(0.01 mm + (0.0025/300 x (L - 300))) mm for machines with a total
length of axis travel, L, greater than 300 mm and equal to or less
than 3 300 mm;

(c) +0.035 mm for machines with a total length of axis travel greater
than 3 300 mm.





Technical Note:

Positioning accuracy is that accuracy which would be obtained in a temperature-
controlled environment of 20oC+2oC with any mechanical compensation
techniques shipped with the machine or any electronic compensation
described in sub-item (a)(iv). Positioning accuracy of machines shipped without
numerical control units will be that attained with a control unit used during
checkout of the machine and with feedback systems identical to those
that will be used with the machine, or by accuracy previously obtained with
an identical machine and feedback system and control unit which will be
connected to the machine. (See Technical Note 6 .)

(ii) Jig grinders having all of the following characteristics;

(1)Overall positioning accuracy in any axis equal to or greater (coarser)
than:

(a) +0.005 mm for machines with total length of axis travel equal to or
less than 300 mm;

(b) +(0.005+(0.002/300) (L-300)) mm for machines with total length
of axis travel, L, greater than 300 mm;

(2) Not more than two axes capable of simultaneously coordinated contouring
motion;

(iii) Machine-tools (other than boring mills, milling machines and machining
centres and jig grinders described (i) and (ii) above and dimensional-
inspection machines described in (iv) below), having all of the following
characteristics-

(1) Radial-axis motion measured the spindle axis equal to or greater than
0.0008 mm TIR (peak-to-peak) in one revolution of the spindle (for
lathes, turning machines, contour grinding machines, etc.);

(2) Meeting the requirements of (i)(1)(a), (i)(6) and (i)(7) above;

(iv) Dimensional inspection machines, having all of the following characteristics:
(1) A linear positioning accuracy equal to or worse than:
(a) +(3 + L/ 300)micrometre for L shorter than or equal to 3 300 mm;
(b) + 14 micrometre for L longer than 3 300 mm;

(2) A rotary accuracy of qual to or worse than 5 second in every 90 degrees;
and

(3) Meeting the requirements of (i)(1) above;

(For high precision turning machinery, see also Item IL 1370.)

(c) 'Direct numerical control systems' (DNC) consisting of a dedicated stored
programme computer acting, as a host computer and controlling, on-line or off-
line, one or more numerically controlled machine-tools or inspection machines,
as defined in sub-item (b) above, related 'software', and interface and
communication equipment for data transfer between the host computer memory,
the interpolation functions, and the numerically machine-tools;
(d) Specially designed sub-assembiles and software which according to the manu-
factuer's technical specifications, can upgrade the capabilities of numerical control
units and machine-tools either so that they would cease to be eligible for
consideration for export at national discretion.

Note:
Specially designed printed circuit board sub-assemblies are embargoed by this
sub-item.
(For machine-tool parts and components, see also Item IL 1093.)

Technical Notes:

1. 'Numberical control' is defined as the 'automatic control of a process performed
by a device that makes use of numeric data usually introduced as the operation
is in progress' (R . ISO 2382).

2.'Contouring control' is defined as: 'two or more numerically controlled motions
operating in accordance with instructions that specify the next required position
and the required feed rates to that position. These feed rates are varied in relation
to each other so that a desired contour is generated' (Ref. ISO/DIS 2806).





3. For computer-related terms, see Item IL 1565 or IL 1566.

4. A 'direct numerical control system' (DNC) is defined a system connecting a set
of numerically controlled machines to a common memory for part programme or
machine programme storage with provision for on-demand distribution of data
to the machines' (Ref. ISO/DIS 2806.2).
5. Axis nomenclature shall he in acordance with international standard ISO 841,
'Numerical Control Machines-Axis and Motion Nomenclature'.
6. The value of the positioning accuracy does not include the width of backlash.
The value is determined by the usual statistical methods (random tests);
ie by approaching from only one direction of a minimum of 5 measurement points
up to a maximum of 25 measurement positions as random tests along one axis.
National standards may be used for this measuring method, eg the German standard VDI
'Statistical testing of the operational and positioning accuracy of machine-tools
VDI----DGQ3441, March 1977'.

7. A tilting axis s defined as an axis which alters the angular position of the rotary
table centreline with respect to the spindle centreline during the machining process.

IL 1093 Components and specially-designed parts machine tools and dimensional inspection
machines embargoed by Item IL 1091, as follows--

(a) Spindle assemblies, consisting of spindles and bearings as a minimal assembly,
except those assemblies with axial and radial axis motion measured along the
spindle axis in one revolution of the spindle equal to or greater (coarser) than
the following-

(i) 0.0008 nun TIR (peak-to-peak) for lathes and turning machines; or
(ii) D x 2 x 10-5 mm TIR (peak-to-peak), where D is the spindle diameter in
millimetres, for milling machines, boring mills, jig grinders, and machining
centres;

(b) Lead screws including ball nut screws, except those having all of the following
characteristics--
(i) Accuracy equal to or greater (coarser) than 0.004 mm/300 mm;
(ii) Overall accuracy equal to or greater (coarser) than (0.0025+5 x 10-6 x L)mm,
where L is the effective length in millimetres of the screw;

(iii) Concentricity of the centre line of the journal bearing surface and the centre
line of the major diameter of the screw equal to or greater (coarser) than
0.005 mm. TIR (peak-to-peak) at a distance of three times the diameter of
the screw or less from the journal bearing surface;

(c)Linear and rotary position feedback units including inductive type devices, graduated
scales and laser systems, except

(i) Linear types having an accuracy equal to or greater (coarser) than (0.0004+13
x, 10-6 X L) mm, for L equal to or less than 100 mm and (0.0015+2x10-6xL)mm,
for L greater than 100mm, where L is the effective length
millimetres of the linear measurement; and

(ii) Rotary types having an accuracy equal to or greater (coarser) than two
seconds of arc;

(d) Linear induction motors used as drives for slides, having all the following
characteristics-
(1) Stroke greater than 200mm;
(2) Nominal force rating greater than 45 N;
(3) Minimum controlled incremental movement less than 0.001 mm

GROUP B

CHEMICAL AND PETROLEUM EQUIPMENT
IL 1110 Equipment for the production of liquid fluorine, and specially designed components
therefor.



IL 1129 Vacuum pump systems, as follows, and specially designed components, controls and
accessories therefor

(a)Cryopump systems (i.e. systems in which the circulation of cooled or liquefied
gas is used to achieve a vacuum, static or dynamic, by lowering the temperature
of the environment) designed to operate at temperatures of less than - 200oC (-
328oF) measured at atmospheric pressure;

(b)Vacuum pump systems capable of evacuating a chamber of volume greater than
one (1) litre to pressures below 10-8 torr (1.3 x 10-6 pascals) while the
temperature in the chamber is maintained above 800oC (1 472oF).

Note:

See Items IL 1565 or 1566 for computer related
terms.

IL 1131 Pumps (except vacuum pumps-see Item 1129) having any of the following
characteristics-

(a) Designed to move molten metals by electro-magnetic forces; or

(b) Having all flow contact surfaces made of 90 per cent or more tantalum, titanium
or zirconium, either separately or combined, except when such surfaces are made
of materials containing more than 97 per cent and less than 99.7 per cent
titanium.

(see also Item IL 1131)

IL 1133 Valves, cocks and pressure regulators, having all flow contact surfaces made of 90 per
cent or more tantalum, titanium or zirconium, either separately or combined, except
when such surfaces are made of materials containing more than 97 per cent and less
than 99.7 per cent titanium.

(See also Item B 1 on the Atomic Energy List and Item IL 1131)

IL 1142 Tubing, as follows-

(a)Made of, lined with, or covered with any of the fluorocarbon materials covered
by sub-item IL 1754 (b)(2), unreinforced, heat shrinkable and having an inner
diameter (before shrinkage) of less than 28.57 nun (1 1/8 inches);


(b) Reinforced tubing (including connectors and fittings for usage with such tubing)
incorporating coagulated dispersion grades of polytetrafluoroethylene,
copolymers of tetrafluoroethylen and hexafiuoropropylene; or any of the
fluorocarbon materials covered by sub-item IL 1754 (b)(2) and designed for operating (working) pressures
of 210.9 kg/cm2: (3000 psi) or greater, whether or not specially processed to
make the flow surface ectrically conductive.
IL 1145 Containers, jacketed only, specially designed for the storage or transportation of liquid
fluorine.

GROUP C

ELECTRICAL AND POWER-GENERATING EQUIPMENT

IL 1203 Electric furnaces, as follows, specially designed components and controls therefor, and
'specially designed software' for such furnaces, components or controls

(a)Consumable electrode vacuum are furnaces with a capacity in excess of 20 000 kg
(44 092 lb);
(b) Skull type vacuum arc furnaces;

(c) 'Vacuum induction furnaces' allowing the molten metal to be poured into a mould
within the same vacuum chamber without breaking the vacuum and having all of
the following characteristies----

(1) A capacit in excess of 2 275 kg (5 014 lb);
(2) Designed to operate at pressures lower than 6.67 Pa (0.0667 mbar); and
(3) Designed to operate at temperatures in excess of 1373 K (1 100'C)

Note:
'Vacuum induction furnaces' include all portions of the furnace system within the
vacuum chamber.





(d) Induction furnaces having both of the following characteristics--

(1) A diameter inside the induction coil of 155mm or more (6.1 inches or
more)-

and

(2)Designed to heat a workpicce with a diameter of 130 mm or more (5.1 inches
or more) to a temperature in excess of 2 273K (2000 o C);

Note:

1.This item does not embargo susceptors made graphite not embargoed elsewhere
in these Lists.

2.This item also covers vacuum furnaces capable of operating with protective
atmospheres.

(See also Items IL 1080 and IL 1301).

IL 1205 Electro-chemical, semi-conductor and radioactive devices for the direct conversion of
chemical, solar or nuclear energy to electrical energy, as follows-
(a) Electro-chernical devices, as follows, and specially designed components therefor---

(1) Fuel cells operating at temperatures of 523K (250 o C, 482 o F) or less, including
regenerative cells, i.e. cells for generating electric power, to which all the
consumable components are supplied from outside the cell--

Note:

The temperature of 523K or less is intended to refer to the fuel cell and not to the
fuel conditioning equipment which may be either an ancillary or an integral part
of the fuel cell battery and which may operate at over 523K.

(2) Primary cells and batteries having any of the following characteristics-

(i) Reserve (water, electrolyte or thermally activated) batteries possessing a
means of activation and having a rated unactivated storage life of three
years or more at an ambient temperature of 297K (24 oC, 75 oF);

(ii) Utilizing lithium or calcium (including alloys in which lithium or calcium are
constitnts) as electrodes and having an energy density at a discharge
current equal to C/24 hours (C being the nominal capacity at 297K (24 o C,
75 o F) in amperehours) of more than 250 watt-hours per kilogramme (114
watt-hours per pound) at 297K (24 o C, 75 o F) and more than 80 watt-hours per kilogramme
(36 watt-hours per pound) at 244K (-29 oC, -20 o F);

Note:

Energy density is obtained by multiplying the average power in watts
(average voltage in volts times average current in amperes) by the
duration of the discharge in hours to 80 per cent of the open-circuit
voltage an dividing by the total mass of the cell (or battery) in kilogrammes;


(iii) Using an air electrode together with either lithium or aluminium
counter-electrodes and having a power output of 5 kilowatts or more or an
energy output of 5 kilowatt-hours or more;

(3) Secondary (rechargeable) cells and batteries having any of the following
characteristics after more than 20 charge/discharge cycles at a discharge
current equal to C/5 hours (C being the nominal capacity in ampere hours);

(i)Utilizing nickel and hydrogen as the active constituents and having an energy
density of 55 watt-hours per kilogramme (25 watt-hours per pound) or
more at 297K (24 o C, 75 o F);

(ii) Utilizing lithium or sodium as electrodes or reactants and having an energy
density of 55 watt-hours per kilogramme (25 watt-hours per pound) or
more at the rated operating temperature;

Note: Energy density is obtained by multiplying the average power in watts (average
voltage in volts times average current in amperes) by the duration of
the discharge in hours to 75 per cent of the open-circuit voltage and
divided by the total mass of the cell (or battery) in kilogrammes.

(4)Molten salt electrolyte cells and batteries which normally operate at
temperatures of 773K (500 o C, 932 o F) or below;





(b) Photo-voltaic cells as follows, and specially designed components therefor-

(1)With a power output of 14 mW or more per sq cm under 100 mW per sq cm
tungsten 2 800K (2 527 oC, 4 581 oF) illumination; or

(2)All gallium arsenide photo-voltaic cells excluding those having a power
output of less than 4 mW measured by the above techniques; or

(3)With a power output of 450 mW or more per sq cm under 10 watts per sq
cm silicon carbide at 1 750K (1 477 oC, 2 691 oF) illumination;

(4) Electromagnetic (including laser) and ionized particleradiation resistant;

(c) Power sources based on radio-active materials systems other than nuclear reactors,

except

(i) Those having an output power of less than 0.5 W and a total weight (force)
of more than 890 N (90.7 kg, 200 lb);

(ii) Those specially designed and developed for medical use within the human
body;

Note:

1. See also Item IL 1570.

2. This Item does not embargo the following cells and power source devices, and
specially designed component therefor (nothing in this Note shall be construed as
permitting the export of technology for such cells, power source devices or specially
designed components)--
(a) Fuel cells embargoed by sub-item (a)(1) above, provided they are not
'space qualified', with a maximum output power more than 10 kilowatts and which
use gaseous pure hydrogen and oxygen/air reactants, alkaline electrolyte and
a catalyst supported by carbon either pressed on a metal mesh electrode or
attached to a conducting porous plastic;
(b) Lithium primary cells or batteries embargoed by sub-item (a)(2)(ii) which-
(1) Are specially designed for consumer applications and used in
watches, pacemakers, calculators or hearing aids; or
(2) Are specially designed for consumer or civil industrial applications
and have a nominal capacity less than or equal to 35 ampere-hours and
discharge current of less than C/10 hours (C as defined in (a)(2)(ii));
(c) Lithium secondary (rechargeable) cells and batteries embargoed by
sub-item (a)(3)(ii) above which--

(1) Are specially designed for consumer applications which will have been
previously determyied by the Trade Department, or

(2)Have a nominal capacity less than or equal to 0.5 ampere-hour and an
energy density of less than 40 watt-hours per kilogramme (18 watt-hours
per pound) at 273K (O oC, 32 o F) and a discharge current of less than C/
10 hours (C as defined in (a)(3));

(d) Sodium secondary (rechargeable) cells and batteries embargoed by sub-
item (a)(3)(ii) above which are specially designed for consumer or civil
industrial applications which are not 'space qualified'.

N.B.
The term 'space qualified' used in this Item refers to products which are
stated by the manufacturer as designed and tested to meet the special
electrical, mechanical or environmental requirements for use in rockets, satellites
or high-altitude flight systems operating at altitudes of 100 km or more.


IL 1206 Electric arc device (or plasma torches) and equipment, as follows, and specially
designed components, accessories, and controls and 'specially designed software-
therefor-

(a)Electric are devices for generating a flow of ionized gas in which the are column is
constricted except

(i) Devices using less than 100 kW arc power for welding, melting, plating or
spraying; or

(ii) Devices with less than 235 kW are power for cutting;





(b)Equipment incorporating electric are devices with a constricted are column and
capable of having a programmable increment (for the continuous movement of
the device) less (finer) than 0.01 mm;

(c)Test equipment incorporating electric are devices embargoed by sub-item (a)
above.

Note:
This Item does not embargo plasma torches for industrial gas heating which use a
non-constricted are column with an operating pressure of 1 to 15 bar inclusive.

GROUP D


GENERAL INDUSTRIAL EQUIPMENT


IL 1301 Equipment and technology for the production of 'superalloys', as follows-

(a) Equipment specially designed for the production of 'superalloys';

Notes:

(1) Sub-item (a) does not include the following equipment--

(a) Electric are and induction furnaces, basic oxygen furnaces and remelting
equipment using other techniques for the production of carbon steels,
low-alloy steels and stainless steels;

(b) Degassing equipment used for the production of carbon steels, low-alloy
steels and stainless steels;

(c) Hot and cold rolling mills, extrusion presses, and swaging and forging
machines;

(d) Decarburizing and annealing and pickling equipment,

(e) Surface finishing equipment;

(f) Slitting and cutting equipment.

(2) Vacuum induction furnaces used in the production of superalloy powders,
however, are embargoed by this sub-Item.

(3) For the embargo status of other electric vacuum furnaces, see Item IL 1203;

(b) Technology specific to the production of 'superalloys', regardless of the type of

equipment with which it may be intended to use such technology.

Notes:

1. Sub-item (b) does not include technology on the equipment excluded by

Note 1 to sub-item (a) above.

2. Melting, remelting and degassing technology specific to the production of
superalloys, however, is embargoed by sub-item (b).

3. This item embargoes equipment specially designed for and technology specific
to the production of 'super-alloys' in the crude and semi-fabricated forms
listed below-

CRUDE FORMS--

Anodes, balls, bars (including notched bars and wire bars), billets, blocks,
blooms, brickets, cakes, cathodes, crystals, cubes, dice, grains, granules, ingots,
lumps, pellets, pigs, powders, rondelles, shot, slabs, slugs, sponge, sticks.

SEMI-FABRICATED FORMS (whether or not coated, plated, drilled or
punched)

(i) Wrought or worked materials fabricated by rolling, drawing, extruding,
forging, impact extruding, pressing, graining, atomising and grinding, i.e.,
angles channels, circles, discs, dust, flakes, foils and leaf, forging, plate,
powder, pressings, and stampings, ribbons, rings, rods (including bare
welding rods, wire rods, and rolled wire), sections, shapes, sheets, strip, pipe
an tubes (including tube rounds, squares, and hollows), drawn or extruded
wire.

(ii) Cast material produced by casting in sand, die, metal, plaster or other
types of moulds, including high pressure casting, sintered forms, and
forms made by powder metallurgy.





4.For materials and manufacturing processes at later stages in the production
process, see also other items, for example, Items IL 1431 and 1460 for gas
turbine engines.

Technical Note:
'Superalloys' are nickel-, cobalt-, or iron-base alloys having strengths superior to the
AISI 300 series (as of the 1st May 1982) at temperatures over 922K (649 oC under
severe-environmental and operating conditions. Excluded are carbon steels, low-alloy
steels and stainless steels having strengths inferior to the AISI 300 series (as of the 1st May 1982).

Metal rolling mills, as follows, and specially designed components, accessories and t
controls and 'specially designed software' therefor--
(a)Isothermal rolling mills, except those capable of operating only at ambient
temperatures

Technical Note:

In an isothermal rolling mill a constant instantaneous temperature profile is
maintained in the contact area between the workpiece and the rolls.

(b)Other mills specially designed or re-designed for the rolling of metals and alloys
with a melting point exceeding 1 900'C (3 452'F).
IL 1312'Isostatic presses', as follows, and specially designed dies and moulds (except those used in
'isostatic presses' operating ambient temperatures), components, accessories and
controls and 'specially designed software' therefor--

(a)Capable of achieving a maximum working pressure of 138MPa (20 000 psi) or
more and possessing a chamber cavity with an inside diameter in excess of 406 mm
(16 inches); or

(b)Having a controlled thermal environment within the closed cavity and possessing a
chamber cavity with an inside diameter of 127 mm (5 inches) or more.

Technical Note:

'Isostatic presses' are equipment capable of pressurizing a closed cavity through
various media (gas, liquid, solid particles, etc.) to create equal pressure in all directions
within the cavity upon a workpiece or material.

IL 1352 Nozzles, dies and extruder barrels specially designed for the processing of the fluoro-
carbon material covered by Item IL 1754 (b)(2).

IL 1353 Equipment specially designed for the manufacture of cable and optical fibres embargoed
by Item IL 1526.

IL 1354 Equipment designed for the manufacture or testing of printed circuit boards, as follows,
and specially designed components and accessories, and 'specially designed software'
therefor--

(a)Equipment specially designed for removal of resists or printed circuit board
materials by dry (e.g. plasma) methods;

(b) Computer-aided design (CAD) equipment for printed circuit boards, having any
of the following functions---
(1) Generation of artwork design with an interactive capability;
(2) Generation of test string lists for multi-layer boards;
(3)Generation of data or 'programmes' for 'stored-programme controlled' printed
circuit board drilling equipment;

(4)Generation of data or 'programmes' for 'stored-programme controlled'
printed circuit board shaping and profiling equipment; or

(5)Generation of data for control of the sequencing of processes of the
equipment for printed circuit board manufacture embargoed by (c) below;

(c)High-speed automated continuous panel processors for plating capable of
delivering more than or equal to 860 A/m2 (80 A/ft2) of plate current. (This
does not include processors specially designed for, and restricted to, plating tab
(edge) connectors);





(d)'Stored-programme controlled' inspection equipment for the detection of defects
in printed circuit boards using optical pattern comparison or other machine
scanning techniques;

(e)'Stored-prograrnme controlled' electrical test equipment for the identification of
open and short circuits on bare printed circuit boards, capable of

(1)Continuity testing (less than or equal 4 ohm) at a rate of 2 500 or more
measurements per second; or

(2)High voltage testing (greater than or equal to 50 volts) at a rate of 10 000 or
more measurements per minute;

(f) 'Stored-programme controlled' multi-spindle drills and routers having any of the
following characteristics

(1) Absolute positioning accuracy of +10 micrometres (0.0004 inch) or better;

(2) Minimum time needed for drill bit changes less than or equal to 5 seconds; or

(3)X and Y positioning speeds higher than or equal to 0.125 m/sec (300 inch/min)
for drilling or for routing;

(g)'Stored-programme controlled' cyclic voltametric stripping equipment
specially designed for printed circuit board plating bath monitoring and analysis.

Technical Note:

'Stored-programme controlled' is efined as a control using instructions stored in an
electronic storage which a processor can execute in order to direct the performance of
predetermined functions.

N.B.

Equipment may be 'stored-programme controlled' whether the electronic storage is
internal or external to the equipment.

Note:

See also Item IL 1522(b) for the embargo of printed circuit board manufacturing
equipment incorporating a laser.

IL 1355 Equipment for the manufacture or testing of electronic components and materials, as
follows, and specially designed components, accessories and 'specially designed
software' therefor--

(a) Equipment specially designed for the manufacture or testing of electron tubes, 1
optical element and specially designed components therefor embargoed by Items
IL 1541, 1542, 1555, 1556, 1558 or 1559;

(b)Equipment speciall designed for the manufacture or testing of semiconductor
devices, integrated circuits and 'assemblies', as follows, and systems incorporating
or having the characteristics of such equipment--

(1) Equipment for the processing of materials for the manufacture of devices and
components as specificed in the heading of this sub-item;
Note:
This item does not embargo quartz crucibles specially designed for equipment
embargoed by (b)(1);

(2) Masks, mask substrates, mask-making equipment and image-transfer equip-
ment for the manufacture of devices and components as specified in the
heading of his sub-item;

Technical ote:

The term 'masks' refers to those used in electron beam lithography, X-ray
lithography, and for ultra-violet lithography, as well as the usual ultra-violet
and visible photolithography.

(3) 'Stored-programme controlled' inspection equipment for the detection of
defects in processed wafers, substrates or chips using optical pattern
comparison or other machine scanning techniques;

Technical Note:

Conventional scanning electron microscopes, except when specially
designed and instrumented for automatic pattern inspection, are not
embargoed by this sub-item.




(4) Specially designed 'stored-programme controlled' measuring and analysis
equipment;
(5) Equipment for the assembly of integrated circuits;
(6) 'Stored-programme controlled' wafer probing equipment;
(7) Test equipment as follows (for standard test instruments, see Item IL 1529):

(i) 'Stored-programme controlled' equipment specially designed for
testing discrete semi-conductor devices and unencapsulated dice, capable of ,
performing any of the following functions--

(a) Measurement of time intervals of less than 10 nanoseconds;

(b) Measurement of parameters (e.g. fT, S-parameters, noise figure) at
frequencies greater than 250 MHz;

(c) Resolution of currents of less than 100 pico-amperes;

(d) Measurements of spectral response at wavelengths outside
the range from 450 to 950 nanometres;

Technical Note:
Discrete semi-conductor devices include, for example, diodes, transistors,
thyristors, photocells, and solar cells.

(ii) 'Stored-programme controlled' equipment specially designed for testing
integrated circuits, and assemblies thereof, capable of performing any of
the following functions-

(a) Functional (truth table) testing at a pattern rate greater than 2 MHz;

(b) Resolution of currents of less than 1 nanoampere;

(c) Testing of integrated circuits (not mounted on circuit boards) in
packages having more than a total of 24 terminals; or

Note:

(b) (7)(ii)(c) does not embargo equipment specially designed for and
dedicated to the testing of integrated circuits not embargoed by
Item IL 1564

(d) Measurement of rise times, fall times and edge placement times with
a resolution of less than 20 nanoseconds;

Technical Notes:

The terms 'integrated circuits' and 'assembly' are defined in Item IL 1564.

Notes:

1.Test equipment which is not of a general-purpose nature and which is
specially designed for, and dedicated to, testing 'assemblies' or a class
of 'assemblies' for home and entertainment applications is not
embargoed by (b)(7)(ii).

2. Test equipment which is not of a general-purpose nature and which is
specially designed for, and dedicated to, testing electronic com-
ponents 'assemblies' or integrated circuits specifically excluded by IL 1564
is not embargoed by (b)(7)(ii), provided such test equipment does not
incorporate computing facilities with user-accessible programming
capabilities;

(iii) Equipment specially designed for determining the performance of focal
plane arrays at wavelengths greater than 1200 nanometres, using 'stored-
programme controlled' measurements or computer-aided evaluation and
having any of the following characteristics--

(a) Using scanning light spot diameters of less than 0.12 mm (0.005 inch);
(b) Designed for measuring photosensitive performance parameters and for
evaluating frequency response, modulation transfer function,
uniformity of responsivity or noise;

(c)Designed for evaluating arrays capable of creating images of greater
than 32 x 32 line elements;

(iv) Specially designed for bubble memories;








(8)Class 10 filters capable of providing an environment of 10 or less particles
of 0.3 micrometer or more per cubic foot and filter materials therefor;

Note:
This sub-item also embargoes such equipment used or modified for use in the
manufacture or testing or other devices such as imaging devices, electro-optical
devices, acoustic wave devices, film memory devices.

Notes:

(1)For equipment which is used in the manufacture and processing of semiconductors
and semi-conductor materials and which is specially designed to employ lasers
or laser technology, see Item IL 1522.

(2)For the purpose of this item 'stored-programme controlled' is defined as a
control using instructions stored in an electronic storage which a processor
can execute in order to direct the performance of predetermined functions.

N.B.

Equipment may be 'stored-programme controlled' whether the electronic
storage is internal or external to the equipment;

(3) Equipment embargoed by sub-item (b)(1) above is defined as follows-

(a) Equipment for producing polyerystalline silicon embargoed by Item
IL 1757(f) having & purity of 99.99 per cent or more in the form of
rods (ingots, boule), pellets, sheets, tubes or small particles;

(b) Equipment specially designed for purifying or processing III-V and II-VI
semiconductor miaterials covered by Item IL 1757, except crystal
pullers, for which see (c) belows;

(c) Crystal pullers, furnaces, and gas systems, as follows-

(1) Types with specially designed 'stored-programme controlled'
temperature, power input or gas, liquid or vapour flow;

(2) Diffusion, oxidation and annealing furnaces for operation at
pressures above 1 atmosphere (nominal);

(3) Annealing or re-crystallizing equipment other than constant
temperature furnaces employing high rates of energy transfer
capable of processing wafers at a rate greater than 50 square
centimetres per minute;

(4) Plasma-enhanced or photo-enhanced chemical reactor equipment;

(5)Equipment for automatic control of crystal taper and diameter,
except taper and diameter control mechanisms using any of the
following equipment techniques--

(i) Radiation pyrometers;
(ii) Thermocouples;

(iii) RF power sensors; or

(iv) Mass weighing (without digital or anomaly control permitting
the growth of semi-conductors);

(6) Crystal pullers having any of the following characteristics.

(i) Rechargeable without replacing the crucible container;

(ii) Capable of operation at pressures above or below 10 5 pascals (1
atmosphere absolute);

(iii) Capable of pulling crystals of a diameter greater than 76.2mm
(3 inches);

(iv) Specially designed to minimize convection currents in the
melt by the use of magnetic fields or multiple crucibles;
(v) Capable of pulling sheet or ribbon crystals;

(7) Vacuum induction-heated zone-refining equipment for operation
at a pressure of 0.01 pascal or less;

(d)Equipment for epitaxial growth having any of the following
characteristics--







(1) Operation at pressures below 10 5 pascals (1 atmosphere absolute);
(2) 'Stored-prograrmme controlled';
(3) Rotating vertical-support, radiant-heated reactors;
(4) Specially designed for processing bubble memories
(5) Metal-organic chemical vapour deposition reactors;
(6) For liquid phase epitaxy;

(e) Molecular beam epitaxial growth equipment;

(f) 'Magnetically-enhanced' sputtering equipment;

Technical Note:

'Magnetically-enhanced' refers to equipment incorporating a cathode
assembly having an integral magnetic struture for enhancing the plasma
intensity.

(g)Equipment designed for ion implantation, or for ion-enhanced or
photo-enhanced diffusion;

(h) Equipment for selective or non-selective removal by dry methods of
passivation layers, dielectrics, semi-conductor materials, resists or metals
except horizontal, cylindrical, plasma etchers without 'stored-programme
controlled', end-point detection, utomatic loading or rotating mecha-
semiconductor device manufacture;

N.B.
This sub-paragraph does not include vacuum sputtering equipment
designed to operate in the spitter etch mode.

(i)Equipment for semi-conductor device fabrication operating below 10 5
pascals (1 atmosphere absolute) for the chemical vapour deposition of
oxides, nitrides, metals and polysilicon;

N.B.
This sub-paragraph does not cover reactive sputtering equipment.

(j) Electron beam systems (including scanning electron microscopes), capable
of mask making or semi-conductor device processing and having any of
the following characteristics--

(1) Electrostatic beam deflection;

(2) Shaped, non-Gaussian beam profile;

(3) Beam blanking capability;

(4) Digital-to-analogue conversion rate greater than 3 MHz;

(5) Digital-to-analogue conversion accuracy greater than 12 bit;

(6)Target-to-beam position feedback control precision of 1 micrometre
or fine;

N.B.

This sub-paragraph does not cover electron beam depositionn systems,
and (3) above does not cover scanning electron microscopes equipped for
Auger analysis.

(k) Surface finishing equipment, specially designed for the processing of
semiconductor wafers and having any of the following characteristics-

(i) Waxless or non-adhesive mounting;

(ii) Double-sided simultaneous polishing or lapping;

(iii) Capable of polishing and lapping wafers exceeding 76.2 mm (3
inches) in diameter;

(iv) Lapping or polishing in two stages on the same machine;

(l)Interconnection equipment which may include common single or
multiple vacuum chambers specially designed to permit the integration
of equipment embargoed by this item into a complete system.






(4) Equipment embargoed by sub-item (b)(2) above is defined as follows-

(a) Finished masks, reticles and designs, theyefor;

(b) Hard surface (e.g. chromium, silicon, iron oxide) coated 'substrates'
(e.g. glass, quartz, sapphire) for the preparation of masks having
dimensions exceeding 76.2 x 76.2 mm (3 x 3 inches);

(e)Computer-aided design (CAD) equipment, for transforming schematic or logic
diagrams into designs for producing semiconductor devices or
integrated circuits, having any of the following functions

(1) Storage of pattern cells for subdivision of integrated circuits;
(2) Scaling, positioning, or rotation of pattern cells;
(3) Interactive graphic capabilities;
(4) Design rule and circuit checking;
(5) Circuit layout modification of the arrangement of the elements;
N.B.

'Software' which performs any of the functions in this sub-paragraph,
or which can be used for transient analysis, for logic analysis or logic
checking, for automatic routing or cell placement, for the generation of
test vectors or for process simulation is 'specially designed software'
embargoed by the heading of this Item.

(d) Mask fabrication machines using photo-optical methods as follows-

(1)Step and repeat cameras capable of producing arrays larger than 63.5
x 63.5 mm (2.5 x 2.5 inches), or capable of producing a single
exposure larger than 3.75 x 3.75 mm (0.15 x 0.15 inch) in the focal
plane, or capable of producing useful line widths of 3.5 micrometres
or less;

(2)Pattern generators specially designed for the generation and/or
manufacture of masks or the creation of patterns in photosensitive layers
and with placement precision finer than 10 micrometres;

(3)Mask fabrication equipment containing automatic adjustment of
focus or adjustment of the mask material into the focal plane;

(4)Equipment and holders for altering masks or reticles or adding
pellicles to remove defects;
(For electron-beam systems, see note (3)(j) above.)

(e) Mask, reticle pellicle inspection equipment as follows-

(1)For comparison with a precision of 0.75 micrometre or finer over an
area of 63.5 x63.5 mm (2.5x2.5 inches) or more;

(2)'Stored programme controlled' equipment with a resolution of 0.25
micrometre or finer and with a precision of 0.75 micrometre or
finer over a distance in one or two coordinates of 63.5 mm (2.5
inches) or more;

(3) :Stored-programme controlled' defect inspection equipment;

N.B.

Conventional scanning electron microscopes, excep when specially
designed and instrumented for automatic pattern inspection, are not
covered by this sub-paragraph.

(f) Align and expose equipment using photo-optical methods, including
projection image transfer equipment, capable of performing any of the
following functions--

(1) Production of a useful pattern size of less than 5 micrometres;
(2) Alignment with a precision finer than 1 micro-metre;
(3) Field coverage exceeding 76.2 x 76.2 mm (3 x 3 inches);
(4) Wafer backside alignment;
(5) Automatic alignment by the sensing of patterns or index marks on
the substrate;





(6)Projection image transfer for processing slices (wafers) of 50.8mm
(2 inches ) or larger in diameter;

N.B.

Non-contacting (proximity) image transfer equipment is embargoed
only by (1) to (5) above.

(g) Electron beam, ion beam, or X-ray equipment for projection image
transfer;

(For laser equipment, see Note 1 above).

(h)Photo-optical or non-photo-optical step and repeat or partial field
equipment for the transfer of the image onto the wafer;

(i)Mask contact image transfer equipment for imaging a field larger than
76.2 x 76.2 mm (3 x 3 inches).

(5) Equipment embargoed by sub-item (b)(4) above as defined as follows-

(a) Specially designed for the measurement of oxygen or carbon content in
semiconductor materials;

(b) Equipment for concurrent etching and doping profile analysis (employing
capacitance-voltage or current-voitage analysis techniques);

(c) Equipment for line-width measurement with a resolution of 1.0 micro-
metre or finer;

(d) Specially designed flatness measurement instruments capable of measuring
deviations from flatness of 10 micrometres of less with a resolution of
1.0 micrometre or finer.

(6) Equipment embargoed by sub-item (b)(5) above is defined as follows-

(a) 'Stored-programme controlled' die (chip) mounters and bonders with a
positioning accuracy finer then 50 micrometres or incremental steps
finer than 6.4 micrometres;

(b)'Stored-programme controlled' wire bonders and welders for performing
consecutive bonding operations;

(c)Equipment for produofng multiple bonds in a single operation (e.g. beam
lead bonders, chip carrier bonders, tape bonders).

(d)Semi-automatic or automatic hot cap scalers, in which the cap is heated
locally to a higher temperature than the body of the package, specially
designed for cerardic microcircuit packages embargoed by Item 1564 (b)
and which have a throughput equal to one package per minute or more.

N.B.

1 .General purpose resistance type spot welders are not covered by subitem
IL 1355 (b)(5).

2.Thermal compression bonders, also known as nailhead bonders, are
embargoed under the terms of this item.

(7) Equipment covered by sub-item (b)(6) above is defined as that which has any
of the following

(a)Positioning accuracy finer than 50 micrometres, or incremental steps
finer than 6.4 micrometres;

(b) Individual die location read-out (X-Y position information) during
testing;

(e) Capability of testing devices having more than a total of 24 terminals;

(d) Auto tic slice (wafer) alignment.

(8) Not used.
(9) Not used.

IL 1356 Equipment specially designed or incorporating modifications for the continuous
coating of polyester-base magnetic tape embargoed by Item IL 1572, and specially designed
components therefor.
Note:
This Item does not embargo general purpose continuous coating equipment.



IL 1357Equipment, technical data and procedures for the production of fibres covered by Item IL
1763 or their composites, as follows, and specially designed components and accessories
and 'specially designed software' therefor--

(a) Filament winding machines of which the motions for positioning, wrapping and
winding fibres are coordinated and programmed in three or more axes, specially
designed to fabricate composite structures or laminates from fibrous and
filamentary materials; coordinating and programming controls therefor;

(b)Tape-laying machines of which the motions for positioning and laying tape and
sheets are coordinated and programmed in two or more axes, specially designed for
the manufacture of composite airframes and missile structures;

(c) Interlacing machines, including adapters and modification kits, for weaving,
interlacing or braiding fibres to fabricate composite structures, except textile
machinery which has not been modified for the above end-uses;

(d)Specially designed or adapted equipment for the production of fibrous and
filamentary materials covered by sub-items IL 1763 (a) and (b), as follows:

(1)Equipment for converting polymeric fibre (such as polyacrylonitrile, rayon,
or polycarbosilane) including special provision to strain the fibre during
heating;

(2)Equipment for the vapour deposition of elements or compounds on heated
filamentary substrates; and

(3)Equipment for the wet-spinning of refractory ceramics (such as aluminium
oxide);

(e) Specially designed or adapted equipment for special fibre surface treatment or for
producing prepregs and preforms covered by Item IL 1763 (c);

Note:

Equipment covered by this sub-item, includes but is not limited to rollers, tension
stretchers, coating equipment, cutting equipment and clicker dies.

(f) Technical data (including processing conditions) and procedures for the
regulation of temperature, pressure or atmosphere in autoclaves when used for
the production of composites or partially processed composites using materials
covered by Item IL 1763.

Explanatory Note:

Specially designed or adapted components and accessories for the machines
covered by this item include, but are not limited to, moulds, mandrels, dies,
fixtures and tooling for preform pressing, curing, casting, sintering or bonding of
composite structures or laminates covered by Item IL 1763 (d).


IL 1358 Equipment specially designed for the manufacture or testing of devices and assemblies
thereof embargoed by Item 1588 or magnetic recording media described in Item IL
1572, as follows, and specially designed components and 'specially designed software'
therefor--

Technical Note:
For this item, single aperture forms described in Item IL 1588 (b) with a maximum
dimension less than 0.76 mm (30 mils) are considered embargoed types.

(a) Equipment for the manufacture of single and multi-aperture forms embargoed by
sub-items IL 1588 (b), (c) or (d), as follows:

(1) 'Automatic' presses to produce embargoed types;

(2) Press dies to produce embargoed types;

(3) 'Automati / for monitoring, grading, sorting, exercising or testing

(b)Equipment for the manufacture of thin film memory storage or switching devices
having square hysteresis loops and 'automatic' equipment for monitoring, grading,
sorting, exercising or testing devices embargoed by sub-item IL 1588 (e).

(c)'Automatic' equipment for monitoring, exercising or testing assemblies of
devices embargoed by sub-items IL 1588 (b), (c), (d) or (e);





(d)Equipment which incorporates specially designed modifications for the
application of magnetic coating to flexible disk recording media with a 'packing
density' exceeding 2 460 bit per cm (6 250 bit per inch);

Note:
This Item does not embargo general purpose coating equipment.

(e) Equipment specially designed for the application of magnetic coating to non-
flexible (rigid) disk type recording media as described in Item IL 1572 (d);

(f) Stored programme controlled equipment for monitoring, grading, exercising or
testing recording media, other than tape, embargoed by Item IL 1572 (d).

Note:

The term 'automatic' refers to machinery not required the assistance of a human
operator to complete its 'function(s)' during each complete cycle of operations.

N.B.

The term 'function(s)' does not include the initial loading or final unloading of
material from the machine.

IL 1359 Specially designed tooling and fixtures for the manufacture of fibre-optic connectors
and couplers embargoed by Item IL 1526 (f).
IL 1360 'Stored-programme controlled' equipment capable of automatic X-ray orientation and
angle correction of double-rotated stess-compensated (SC) quartz crystals embargoed
by Item IL 1587 with a tolerance of 10 seconds of arc maintained simultaneously in
both angles of rotation.
(For the definition of 'stored-programme controlled' see Item IL 1355.)
IL 1361 Test facilities and equipment for the design or development of aircraft or gas turbine
acro-engines, as follows, and specially designed components, accessories and 'specially
designed software' therefor--
i
(a) Supersonic (Mach 1.4 to Mach 5), hypersonic (Mach 5 to Mach 15) and hyper-
velocity (above Mach 15) wind tunnels, except wind tunnels specially designed for
educational purposes and having a 'test section size' (measured internally) of less
than 25 cm (10 inches), (By 'test section size' is understood the diameter of the
circle, or the side of the square, or the longest side of the rectangle constituting
possible shapes of the test section);
a

(b)Devices for simulating flow-environments of Mach 5 and above, regardless of the
actual Mach number at which the devices operate, including hot shot tunnels,
plasma are tunnels, shock tubes, shock tunnels, gas tunnels and light gas guns;

(c)Wind tunnels and devices, other than two dimensional (2-D) sections, that have
unique capapilities for simulating Reynolds number flow in excess of 25 x 10 6, at
transonic velocities;

(d) Automated control systems, instrumentation (including sensors), and automated
data-acauisition equipment, specially designed for use with wind tunnels and
devices embargoed by (a), (b) or (c) above;

(e) Models, specially designed for use with wind tunnels or with the devices covered
by (b) or (c) above, of embargoed aircraft, helicopters, airfoils, spacecraft, space-
launch vehicles, rockets or surface-effect vehicles.


Note:

Specically designed models are those equipped with sensors and a means of transmitting
data from the sensors to the data-acquisition system, or equipped with
features for using non-intrusive sensors (i.e. not directly connected to the model
or not located in the flow adjacent to the model).


(f)Specially designed electromagnetic interference and electromagnetic pulse
(EMI/EMP) simulators;

(g)Specially designed test facilities and equipment for the development of gas turbine
aero-engines and components, as follows:

(1)Special test facilities capable of applying dynamic flight loads, measuring
performance or simulating the design operating environments for rotating
assemblies or acro-engines;





(2) Test facilities, test rigs and simulators for measuring combustion system and hot
gas flow path performance heat transfer and durability for static
assemblies and acro-engine components;

(3)Specially designed test rigs, equipment or modified gas turbine engines which
are utilized for development of gas turbine aero-engine internal flow systems
(gas path seals, air-oil seals and disc cavity flow fields).

IL 1362 Vibration test equipment as follows-

(a) Vibration test equipment using dligial control techniques and specially designed
ancillary equipment and 'specially designed software' therefor, except:

(i) Individual exciters (thrusters) with a maximum thrust of less than 100 kN
(22 500 lb);

(ii) Analogue equipment;

(iii) Mechanical and pneumatic exciters (thrusters);
(iv) Vibrometers;
(v) Ancillary equipment not covered by Items IL 1529, 1531, 1565, or 1568;

(b)High intensity acoustic test equipment capable of producing an overall sound
pressure level of 140 dB or greater (referenced to 2 x 10 - 5 N/m2) or with a rated
output of 4 kW or greater and specially designed ancillary equipment and 'specially
designed software' therefor, except:

(i) Analogue equipment;

(ii) Ancillary equipment not covered by Items IL 1529, 1531, 1565 or 1568;

(c) Ground vibration (including modal survey) test equipment that uses digital
control techniques and specially designed ancillary equipment and 'specially
designed software' therefor, except

(i) Analogue equipment;

(ii) Ancillary equipment not covered by Items IL 1529, 1531, 1565 or 1568;

Explanatory Notes:

Vibration and acoustic test systems typically consist of one or more exciters (thrusters),
or acoustic noise generators, together with ancillary equipment for instrumentation,
control, data acquisition and analysis. This Item covers only the vibration and acoustic
test equipment itself. The ancillary equipment, e.g. digital and logic instrumentation,
computers, FFT's, etc, are to be judged in their own right against the relevant items of
these Lists.

IL 1363 Specially designed water tunnel equipment, components, accessories and 'databases'
for the design and development of vessels, as follows, and 'specially designed software'
therefor-
(a) Automated control systems, instrumentation (including sensors) and data
acquisition equipment specially designed for water tunnels;

(b) Automated equipment to control air pressure acting on the surface of the water
in the test section during the operation of the water tunnel;

(c) Components and accessories for water tunnels, as follows-
(1) Balance and support systems;

(2) Automated flow or noise measuring devices; and

(3) Models of hydrofoil vessels, surface-effect vehicles, SWATH vessels and
specially designed equipment and components embargoed by Item IL 1416
(a), (b), (c), (e), (f), (g) and (h) for use in water tunnels;

(d) 'Databases' generated by use of equipment embargoed by this Item.

Explanatory Note:

The water tunnels referred to in this Item are used for the hydrodynamic testing of
a fixed model, using a moving fluid.

IL 1364 Machinery and equipment for the manufacture of hydrofoil vessel and surface-effect
vehicle and SWATH vessel structures and components, as follows, and specially
designed components and accessories therefor-





(a) Specially designed equipment for manufacturing anisotropic, orthotropic or
sandwich structures embargoed by Item IL 1416 (h)(3);

Technical Notes:
1 . Anisotropic construction is the use of fibre reinforcing members aligned so
that the load-carrying ability of the structure can be primarily orientated in
the direction of expected stress.

2. Orthotropic construction is a means of stiffening plates in which the structural
members are at right angles to each other.

3.Sandwich construction is the use of structural members or plates which are
fabricated and permanently affixed in layers to enhance their strength and
reduce their weight.

(b) Specially designed equipment for the production and testing of flexible materials
for skirts, seals, air curtains, bags and figure for surface-effect vehicles;

(c)Specially designed equipment for the production of water-screw propellers and hub
assemblies and water-screw propellar systems embargoed by Item IL 1416 (e) and
(f);

(d)Specially designed equipment for the production, dynamic balancing and
automated testing and inspection of lift fans for surface-effect vehicles;

(e) Specially designed equipment for the production of water-jet propulsion pumps
rated at 3 000 lip or greater, multiple-pump system equivalents thereof;

(f) Specially designed equipment for the production, dynamic balancing and automatic
testing of AC-AC synchronous and AC-DC systems, sectored disc and
concentric-drum rotors for DC homopolar machines.
(See also Item IL 1416.)

IL 1365 Equipment specially designed for in-service monitoring of acoustic emissions in
airborne vehicles, or under vehicles embargoed by Item IL 1418, capable of
discriminating acoustic emissions related to crack growth from innocuous noise
sources and capable of spatial location of the crack, and specially designed
components, accessories and 'specially designed software' therefor.

Technical Note:

The methods used for discriminating acoustic emissions from innocuous noise sources
include pattern-recognition techniques.

IL 1370 Machine-tools for generating optical quality surfaces, specially designed components
and accessories therefor, as follows, and 'specially designed software' therefor

(a)Turning machines using a single point cutting tool and having all of the following
characteristics:

(1) Slide positioning accuracy less (finer) than 0.0005 mm per 300 mm of
travel, TIR (peak-to-peak);

(2)Slide positioning repeatability less (finer) than 0.00025 mm per 300 mm of
travel,TIR (peak-to-peak);

(3) Spindle run-out (radial and axial) less than 0.0004 min TIR (peak-to-peak);

(4) Angular deviation of the slide movement (yaw, pitch and roll) less (finer) than 2
seconds of are (peak-to-peak) over full travels;

(5) Slide perpendicularity less than 0.001 mm per 300 mm of travel, TIR
(peak-to-peak);

(b) Fly cutting machines having both of the following characteristics-

(1) Spindle run-out (radial and axial) less than 0.0004 mm TIR (peak-to-peak);


(2) Angular deviation of slide movement (yaw, pitch and roll) less (finer) than
2 seconds of arc (peak-to-peak) over full travel;

(c) Specially designed components, as follows:

(1)Spindle assemblies, consisting of spindles and bearing as a minimal assembly,
except those assemblies with axial and radial axis motion measured along the
spindle axis in one revolution of the spindle equal to or greater (coarser) than
0.0008 mm TIR (peak-to-peak);





(2) Linear induction motors used as drives for slides, having all of the following
characteristics:

(i) Stroke greater than 200 mm;

(ii) Nominal force rating greater than 45 N;

(iii) Minimum controlled incremental movement less than 0.001 mm;

(d) Specially designed accessories, i.e. single point dismond cutting tool inserts
having all of the following characteristics-

(1) Flawless and chip-free cutting edge when magnified 400 times in any direction;
(2) Cutting radius between 0.1 and 5 mm;
(3) Cutting radius out-of-roundness less than 0.002 mm TIR (peak-to-peak).

Technical Note:
Machines will be evaluated under the conditions yielding the most accurate values,
including but not limited to the incorporation of control systems which permit
mechanical, electronic and 'software' compensation.

IL 1371 Anti-friction bearings, as follows-

(a) Ball and roller bearings having an inner bore diameter of 10 mm or less and
tolerances of ABEC 5, RBEC 5 (or national equivalents) or better and either of the
following characteristics

(1) Made of special materials, i.e. with rings, balls or rollers made from any steel
alloy or other material (including not limited to high-speed tool steels,
Monel metal, beryllium, metalloids, ceramics and sintered metal composites),
except the following: low-carbon steel, SEA-52100 high carbon chromium
steel, SAE-4615 nickel molybdenum steel, AISI-440C (SAE-5144OC) stainless
steel (or national equivalents);
(2) Manufacture for use at normal operating temperatures over 15O'C (302'F)
either by use of special materials or by special heat treatment;

(b) Ball and roller bearing (exclusive of separable ball bearings and thrust ball
bearings) having an inner bore diameter exceeding 10 mm and having tolerances of
ABEC 7, RBEC 7 (or national equivalents) or better and either of the following
characteristics:

(1)Made of special materials, i.e. with rings, balls or rollers made from any steel alloy
or other material (including but not limited to high-speed tool steels, Monel
metal, beryllium, metalloids, ceramics and sintered metal composites), except
the following : low-carbon steel, SAE-52100 high carbon chromium steel, SAE-
4615 nickel molybdenum steel, AISI-440C (SAE-5144OC) stainless steel (or
national equivalents);

(2) Manufactured for use at normal operating temperatures over 150'C (302'F)
either by use of special materials or by special heat treatment;
(e) Ball and roller bearing having tolerances better than ABEC 7 (or national
equivalents);

(d) Gas-lubricated foil bearings;

(e)Bearing parts usable only for bearings covered by this item, as follows: outer rings,
inner rings, retainer , balls, rollers and sub-assemblies.

Note:

This item is not intended to cover hollow bearings.

Explanatory Notes:
A Balls as covered by Item IL 1371 (e) may be identified among
balls manufactured to the tolerances in table 1 or closer;

B Rollers are covered by Item IL 1371 (e) may be identified among non-standard
rollers, that is, rollers falling outside of the tolerances for graded rollers for
standard bearings which are shown in table 2;

The above explanatory note applies to the rollers for bearings covered by sub-
items (a)(2) and (b)(2). It does not apply to rollers for bearings covered by sub-
itern (a)(1) and (b)(1), because these are indicated by virtue of materials used.

Illustrative examples of tolerances for graded rollers for non-standard bearings
are shown in table 3;





C Separable ball bearings are not viewed as including those bearings, one part of
which serves as an integral part of the equipment incorporating the beaning;

D Ceramic bearing as covered by Item IL 1371 consist of bearing elements (e.g.
balls, rollers or races) made from ceramic or hyorid (ceramic plus metal)
materials and designed to operate at temperatures over 150 oC and at DN
values equal to or greater than 1.5 x 10 6;

N.B.

DN is defined as the product of the bearing hore diameter in millimetres and
the bearing rotational velocity in revolutions per minute.

Tablel (see IL 1371, explanatory note A)

Sphericity of diameter variation per ball is the geometric quality which indicates the maximum permissible variation from
absolute roundness in all plant through the centre of the ball.


Diameter toleranre per unit container is the maximum degree to which the average diameter of the largest ball and
average diameter of the smallest ball, within the unit container, may vary from the specific size for indicated grade.

Diameter toleiance per shipment is the maximum permissible deviation from the specific size within the shipment, for the
grade indicated.

Table 2 (see IL 1371, explanatory note B)


Table 3 (see IL 1371, explanatory note B)






IL 1372 Techology for industrial gas turbine engines, as follows-

(a)Techology common to industrial gas turbine engines and gas turbine aero-engines is
covered by item IL 1460.

(b)Technology common to industrial gas turbine engines and marine gas turbine
engines is covered by Item IL 1431.

Explanatory Notes:

1 . Core-section modules and specially designed components of industrial gas turbine
engines dervied from gas turbine aero-engines embargoed by Item IL 1460 or
marine gas turbine engines embargoed by Item II, 1431 shall be treated under the
provisions of those respective items.

2. Industrial gas turbine engines adapted as marine gas turbine engines are covered by
Item IL 1431.

IL 1385 Specially designed production equipment for compasses, gyroscopes (gyros), accelero-
meters and inertial equipment embargoed by Item IL 1485.
Technical Note:

Production equipment embargoed by this Item includes the following---
(a) For ring laser gyro equipment, the following equipment used to characterize
mirrors, having the threshold accuracy shown or better---
(1) Rectilinear scatterometer (10 ppm);
(2) Polar scatterorneter (10 ppm);
(3) Reflectometer (50 ppm);
(4) Profilometer (5 angstroms);
(b) For other inertial equipment -
(1) Intertial Measurement Unit (IMU) module tester;
(2) IMU platform tester;

(3) IMU stable element handling fixture;

(4) IMU platform balance fixture;
(5) Gyro tuning test station;

(6) Gyro dynamic balance station;
(7) Gyro run-in/motor test station;
(8) Gyro evacuation and fill station;
(9) Centrifuge fixture for gyro bearings;
(10) Accelerometer axis align station;
(11) Acceleromete test station.


IL 1389 Technology for application to non-electronic devices to achieve---

-inorganic overlay coatings or inorganic surface modification coatings, specified in
column 3 of the Table below;
-on substrates speified in column 2 of the Table below;
-by processes as defined in Technical Note (a) to (h) and specified in column 1 of
the Table below:
and specially designed 'software' therefor.

TABLE

1. Coating
process[1]






1. Coating
process(l)




1. Coating
process [1]




1. Coating

process(1)

Footnotes:

(1) Coating proess includes coating repair and refurbishing as well as original coating.
(2)Multiple-stage coatings in which an element or elements are deposited prior to
application of the aluminide coating, even if these elements are deposited by
another coating process, are included in the term 'alloyed aluminide' coating, but
the multiple use of single' stage 'pack cementation' processes to achieve alloyed
aluminides is not included in the term 'alloyed alunlinide' coating.

(3) Multiple-stage coatings in which the noble metal or noble metals are laid down
by some other coating process prior to application of the aluminide coating are
included in the term 'noble metal modified alurninide' coating.

(4)Mixtures consist of infiltrated material, graded compositions, co-deposits and
multilayer deposits and are obtained by one or more of the coating processes
specified in this table.

(5)MCrAIX refers to an alloy where M equals cobalt, iron, nickel or combinations
thereof and X equals hafnium, yttrium, silicon or other minor additons in various
proportions and combinations.

(6) Aluminium alloys as a substrate in this Table refers to alloys usable at temperatures
above 500K (227oC).

(7)Corrosion resistant steel refers to AISI (American Iron and Steel Institute) 300
series or equivalent national standard steels.

(8)Refractory metals as a substrate in this Table consist of the following metals and
their alloys: niobium (columbium), molybdenum, tungsten and tantalum.

(9)This Item does not embargo technology for single-stage 'pack cementation' of
solid airfoils.





Technical Note:
The definitions of processes specified in column 1 of the Table are as follows:

(a) 'Chemical Vapour Deposition' (CVD) is an overlay coating or surface
modification coating process wherein a metal, alloy, composite or ceramic is
deposited upon a heated substrate. Gaseous reactants are reduced or cembined in
the vicinity of a substrate resulting in the deposition of the desired elemental, alloyed or
compounded materials on the substrate. Energy for this decomposition or chemical reaction
process is provided by the heat of the substrate.

N.B. T
1. CVD includes the following processes-out-of-'pack', pulsating, controlled
nucleation thermal decomposition (CNTD) plasma enhanced or plasma
assisted.

2. 'Pack' denotes a substrate immersed in a powder mixture.

3. The gaseous material utilized in the out-of-'pack' process is produced using the
same basic reactions and parameters as the 'pack cementation' process,
except that the substrate to be coated is not in contact with the powder
mixture.


(b) 'Electron-Beam Physical Vapour Deposition' (EB-PVD) is an overlay coating
process conducted in a vacuum chamber, wherein an electron beam is directed
onto the surface of a coating material causing vapourization of the material and
resulting in condensation of the resultant vapours onto a substrate positioned
appropriately.

N.B.

The addition of gases to the chamber during the processing is an ordinary
modification to the process.

(c)'Electrophoretic Deposition' is a surface modification coating or overlay coating
process in which finely divided particles of a coating material suspended in a liquid
dielectric medium migrate under the influence of an electrostatic field and are
deposited on an electrically conducting substrate.
N.B.
Heat treatment of parts after coating materials have been deposited on the
substrate, in order to obtain the desired coating, is an essential step in the process.
(d) 'Pack Cementation' is a surface modification coating or overlay coating process
wherein a substrate is immersed in a powder mixture, a so-called 'pack', that
consists of:
(1) The metallic powders that are to be deposited (usually aluminium, chromium,
Silicon or combinations thereof);
(2) An activator (normally a halide salt); and
(3) An inert powder, most frequently alumina.


The substrate and powder mixture is contained within a retort which is heated to
between 1 030K to 1 375K for sufficient time to deposit the coating.

(e) 'Plasma Spaying' is an overlay coating process wherein a gun (spray torch), which
produces and controls a plasma, accepts powdered coating materials, melts
them and prope them towards a substrate, whereon an integrally bonded coating
is formed.

N.B.
1 . High velocit means more than 750 metres per second.

2. Low pressure means less than ambient atmospheric pressure.

(f) 'Slurry Deposition' is a surface modification coating or overlay coating process
wherein a metalic or ceramic powder with an organic binder is suspended in a
liquid and is applied to a substrate by either spraying, dipping or painting;
subsequently air or oven dried, and heat treated to obtain the desired coating.

(g) 'Sputtering' is an overlay coating process wherein positively charged ions are
acelerated by an electric field towards the surface of a target (coating material).
The kinetic energy of the impacting ions is sufficient to cause target surface
atoms to be released and deposited on the substrate.

N.B.
Triode, magnetron or radio frequency sputtering to increase adhesion of coating
and rate of deposition are ordinary modifications to the process.




(h) 'Ion implantation' is a surface modification coating process in which the element
to be alloyed is ionized, accelerated through a potential gradient and implanted
into the surface region of the substrate. The definition includes processes in which
the source of the ions is a plasma surrounding the substrate and processes in
which ion implantation is performed simultaneously with 'electron beam physical
vapour deposition' or 'sputtering'.

IL 1391 'Robots', 'robot' controllers and 'robot' 'end-effectors',
as follows, and specially
designed components and 'specially designed software' therefor--

(a)'Robots' having any of the following characteristics, and specially designed
components therefor:

Note:

'Robot' mechanical structures are included in specially designed components for the
above.

(1) Capable of employing feedback information on-line (real-time) from one or
more 'sensors' to generate 'programmes' or modify programmed instructions
or numerical programme data, except those using information derived only
from 'sensors' used to measure;

(i) The internal state of the 'robot', i.e. velocity, position (other than
inertial position measuring systems), drive motor current, voltage, fluid
or gas pressure or temperature;

(ii) Through-the-arc current (or voltage) for weld seam tracking; or
(iii) Binary or scalar values for:
(a) Position, via photo-electric, inductive or capacitive proximity
'sensors';

(b) Tool drive motor voltage or current or hydraulic/pneumatic
pressure
for determination of force or torque; and

(c) External safety functions;

(2)Specially designed to comply with national safety standards applicable to
expIosive munitions environments;

(3) Incorporating means of protecting hydraulic lines against externally induced

punctures caused by ballistic fragments (e.g. incorporating self-sealing lines)
and designed to use hydraulic fluids with flash points higher than 839K
(566 oC, 1050'F);

(4)Specially designed for underwater use (i.e. incorporating special techniques or
components for sealing, pressure compensation or corrosion resistance);

(5) Operable at altitudes exceeding 30 000 metres;

(6)Specially designed for outdoor applications and meeting military
specifications therefor;

(7)Specially designed or rated for operating in an electromagnetic pulse (EMP)
environment;

(8) Specially designed or rated as radiation-hardened beyond that necessary to
withstand normal industrial (i.e. non-nuclear industry) ionising radiation;

(9) Equipped with 'robot' manipulator arms which contain titanium-based
alloys covered by Item IL 1671 or fibrous and filamentary materials
covered by Item IL 1763;

(10) Equipped with precision measuring devices covered by Item IL 1532;

(11) Specially designed to move autonomously its entire structure through
threedimensional space in a simultaneously coordinated manner, except
systems in which the 'robot' moves on a fixed track;

Note:

This sub-item does not embargo 'robots' specially designed for household
use or those modified from household 'robots' for educational purposes
(pro-university) if not embargoed by the other provisions of this Item.







(b) Electronic controllers having any of the following characteristics:

Notes:

1 .For controllers capable of controlling numerically controlled machine-tools
or dimensional-inspection machines, see Item IL 1091.

2.For 'digital computers' either 'incorporated in' or 'associated with' but not
'embedded in' controllers, see Item IL 1565.

(1) Controllers specially designed to be part of a 'robot' embargoed by (a)(2)
to (8), (a)(10) or (11) above;
(2) Minimum programmable increment less (finer) than 0.001 mm per linear axis;
(3) Having more than one integral interface which meets or exceeds ANSI/IEEE
standard 488-1978, IEC publication 625-1 or any equivalent standard for
parallel data exchange;

(4) Capable of being programmed by means other than lead-through, key-in or
teach-pendant techniques;
(5) Word size exceeds 16 bit (excluding parity bit(s));
(6) Incorporating interpolation algorithms for an order of interpolation higher
than linear or circular;

(7)Permitting on-line (real-time) generation or modification of the programmed
path, velocity and functions other than the following:

(i) Manual velocity override;
(ii) Fixed linear or rotary axis offset;

(iii) Manual 'robot' path editing (including manual path compensation)
excluding 'source language' used to programme automatically the
'robot' path, velocity or function;

(iv) Branching to pre-programmed modification of 'robot' path, velocity or
function;

(v) Fixed cycles (e.g. macro instructions or pre-programmed sub-routines);
(vi) Key-in or teach-in modifications.

(e) 'End-effectors' having any of the following characteristics:

(1)Equipped with one or more 'sensors', except those used to measure the
parameters or values specified in (a)(1) (i), (ii) or (iii) above;

(2) Having integrated computer-aided data processing, except those using
'sensors' used to measure the parameters or values specified in (a)(1) (i),
(ii) or (iii) above;

(3) Equipped with an integral interface which meets or exceeds ANSI/IEEE
Standard 488-1978, IEC publication 625-1, or any equivalent
standard for parallel data exchange;

(4) Having any of the characteristics in (a)(2) to (8) and (a)(10) above.

(For other underwater manipulator mechanisms, see Item IL 1417).

Notes:

1 . Definitions of the terms used in this Item:

(a)A 'robot' is a manipulation mechanism which is reprogrammable,
multifunctional and capable of positioning or orientating material, parts,
tools or special devices through variable movements in three-
dimensional space. 'Robots' incorporate two or more closed or open loop
servo-devices (including stepping motors). They are reprogrammed by means
of the teach/playback method, an electronic computer or a
programmable logic controller. 'Robots' may be of the continuous path
or point-to-point variety and may use 'sensors'.

NB:
The above definition does not include the following devices:

(1)Manipulation mechanisms which are only manually/tele-operator
controllable;





(2)Fixed sequence manipulation mechanisms which are automated
moving devices, operating according to mechanically fixed
programmed motions. The programme is mechanically limited by
fixed stops, such as pins or cams. The sequence of motions and the
selection of paths or angles are not variable or changeable by
mechanical, electronic or electrical means;

(3)Mechanically controlled variable sequence manipulation mechanisms
which are automated moving devices, operating according to
mechanically fixed programmed motions. The programme is
mechanically limited by fixed, but adjustable stops, such as pins or
cams. The sequence of motions and the selection of paths or angles
are variable within the fixed programme pattern. Variations or
modifications of the programme pattern (e.g. changes of pins or
exchanges of cams) in one or more motion axes are accomplished
only through mechanical operations;

(4) Non-servo-controlled variable sequence manipulation mechanisms
which are automated moving devices, operating according to
mechanically fixed programmed motions. The programme is variable
but the sequence proceeds only by the binary signal from
mechanically
fixed electrical binary devices or adjustable stops;

(5)Stacker cranes defined as Cartesian coordinate manipulator systems
manufactured as an integral part of a vertical array of storage bins
and designed to access the contents of those bins for storage or retieval.

(b)'End-effectors', include grippers, 'active tooling units' and any other
tooling that is attached to the baseplate on the end of the 'robot's'
manipulator arm(s);

NB:

An 'active tooling unit' is a device for applying motive power, process
energy or sensing to the workpicce.

(c)For the purposes of this Item, a 'sensor' is defined as a detector of a
physical phenomenon, the output of which (after conversion into a
signal that can be interpreted by a controller) is able to generate
'programmes' or modify programmed instructions or numerical
programme data. This include 'sensors' with machine vision, infrared
imaging, acoustical imaging tactile feel, inertial position measuring,
optical or acoustic ranging or force or torque measuring capabilities.

NB:

See ltem IL 1565 or 1566 for computer related terms.

2. Not used.

3. Not used.

IL 1399 'Software' and technology for 'automatically controlled industrial systems', as
follows, to produce assemblies or discrete parts-

(a) 'Software' with all the following characteristics:

(1)Specially designed for 'automatically controlled industrial systems' which
include at least eight pieces of the equipment enumerated in Technical
Note (b)(1) to (9) below;

Notes:
1 .The 'digital computers' of the 'automatically controlled industrial
system' do not share a common 'main storage' but exchange
information by transmitting messages through a 'local area network'.

2. This sub-item does not release 'software' in source code.

(2)Integrating, in a hierarchical manner, while having access to data which
may be stored outside the supervisory 'digital computer', the
manufacturing processes with:

(i) Design functions; or

(ii) Planning and scheduling functions; and




(3) (i)Automatically generating and verifying the manufacturing data and
instructions, including selection of equipment and sequences of
manufacturing operations, for the manufacturing processes, fr orn
design and manufacturing data; or

(ii) Automatically reconfiguring the 'automatically controlled industrial
system' through re-electing equipment and/sequences of manufacturing
operation by 'real-time processing' of data pertaining to anticipated
but unscheduled events; and

This sub-item does not embargo 'software' which only provides rescheduling
of functionally identical equipment within 'flexible manufacturing units' using
prestored 'part' programmes and a prestored strategy for the distribution of the
'part' programmes.

(b)Technology for the design of 'automatically controlled industrial systems' which
will be used with the 'software' embargoed by (a) above, regardless of whether or
not the conditions of (a)(1) are met.

Technical Note:

For the purposes of this Item:

(a) An 'automatically controlled industrial system' is a combination of:

(1) One or more 'flexible manufacturing units'; and

(2)A supervisory 'digital computer' for coordination of the independent
sequences of computer instructions to, from and within the 'flexible
manufacturing units';

(b) A 'flexible manufacturing unit' is an entity which comprises a combination of
a 'digital computer' including its own 'main storage' and its own 'related
equipment', and at least one of the following:

(1) A machine tool or a dimensional inspection machine embargoed by
Item IL 1091 or 1370;

(2) A 'robot' embargoed by Item IL 1391;

(3) A digitally controlled spin-forming or flow-forming machine embargoed by

Item IL 1075;

(4) A digitally controlled equipment embargoed by Item IL 1080, 1081, 1086 or
1088;

(5) Digitally controlled electric arc device embargoed by Item IL 1206;

(6) Digitally controlled equipment embargoed by Item IL 1354 or 1355(b);

(7) Digitally contrlle equipment embargoed by Item IL 1357;

(8) Digitally controll electronic equipment embargoed by Item IL 1529; or

(9) A digitally controlled measuring system embargoed by Item IL 1532;

NB:
For the definitions of other terms in quotation marks, see Item IL1391, 1565 or 1566.

Explanatory Note: 1
Sub-item (a) above does not embargo 'software' (in 'machine executable form' only)
for industrial sectors other than nuclear, aerospace, shipbuilding, heavy vehicles,
machine building, microelectronics and electronics. It is also understood that this Note
does not release design technology specified in sub-item (b) above.

GROUP E

TRANSPORTATION EQUIPMENT

IL 1401 Reciprocating diesel engine development and production technologies, including
'specially designed software', as follows:

(a) Development and production technology, including 'specially designed software',
for reciprocating, diesel engine ground vehicle propulsion systems having all of
the following specifications-

(1) A box volume of 1.2 m3 or less;

(2)An overall power output of more than 750 kW based on 80/1269/EEC, ISO 2534 or national equivalents;

(3) A power density of more than 700 kW/m3 of box volume.





Technical Note:
The box volume is defined as the product of three perpendicular dimensions
measured in the following way:
Length: The length of the crankshaft from front flange to flywheel face;
Width: The greatest of the following:
(a) The outside dimension from valve cover to valve cover;
(b) The dimension of the outside edges of the cylinder heads; or

(c) The diameter of the flywheel housing;

Height: The greater of the following:

(a) The dimension of the crankshaft centreline to the top plane of the valve cover
(or cylinder head) plus 2 times the stroke; or

(b) The diameter of the flywheel housing.

(b)Development and production technology for solid or dry film cylinder wall
lubrication permitting operation at temperatures in excess of 723K (450'C) measured
on the cylinder wall at the top limit of travel of the top ring of the piston.

IL 1416Vessels, surface-effect vehicles, water-screw propellers and hub assemblies, water-screw
propeller systems, moisture and particulate separator systems and specially designed
components, as follows-
(a) Hydrofoil vessels with automatically controlled foil systems which are capable of
speeds of above 40 knots in rough water (Sea State Five);
(b) Surface-effect vehicles, i.e. hovercraft, air cushion vehicles (both sidewall and
skirted varieties) and all variations of vehicles using the wing-in-ground effect for
positive lift;

(e)Small waterplane area twin-hull (SWATH) vessels having underwater hulls whose
cross-sectional area varies along the longitudinal axis between points two major
diameters from the bow and two major diameters from the stern;

Technical Note:

SWATH vessels are those which maintain buoyancy by means of submerged hulls
using slender struts to support the deck and superstructure of the vessel above the
waterline.

(d) Vessels incorporating:

(1)Equipment covered by any Munitions List Item, or by any of the
following Items IL 1485, 1501, 1502 and 1510;

(2) Degaussing facilities; or


(3)Close ventilation systems designed into the vessel which are designed to maintain
air purity and positive pressure regardless of the conditions external to the
vessel except where those closed ventilation systems are specially designed for and
incorporated in the vessel's medical facilities only;

Note:
This sub-item does not apply to vessels containing equipment covered by Items
1485, 1501, 1502 or 15 10 whose export has been previously authorized.

(e) Water-screw propellers and hub assemblies, as follows:

(1) Supercavitating propellers rated as greater than 10 000 hp;

(2)Controllable-pitch propellers and hub assemblies rated at above 40 000 hp
capacity;

(f) Water-screw propeller systems, as follows:
(1) Contrarotating propeller systems rated at greater than 20 000 hp,

(2) Ventilated, base-ventilated and super-ventilated propeller systems;

(3)Systems employing pre-swirl and post-swirl techniques for smoothing the
flow into a propeller so as to improve propulsive efficiency of

(i) SWATH vessels, hydrofoil vessels, and surface-effect vehicles; or

(ii) Other vessels whose propeller rotational speed is above 200 rpm, or
having propellers with a rating exceeding 50 000 hp per shaft;





(g)Moisture and particulate separator systems which are capable of removing 99.9
per cent of particles larger than 2 micrometres in diameter with a Maximum
pressure loss of 1.6 kPa (16 millibar) for gas turbine engine air inlets

Note:

Technology control for the moisture and particulate separator systems covered by
this sub-item above is limited to the following:

(1) Technology for preventing water leakage around the filter stages; and
(2) Technology for integrating the components of such a system.

(h) Specially designe ocomponents for vessels covered by sub-items (a), (b) and (c)
above, as follows:

(1) Advanced hull forms which incorporate any of the following:

(i) Stepped hulls for hydrofoil vessels

(ii) Hulls for air cushion vehicles with trapezoidal planforms;
(iii) Hulls for surface-effect vehicles with catamaran-like sidewalls;
(iv) Hulls for wing-in-ground effect vehicles;

(v) Underwater hulls and struts for SWATH vessels;
(2) Fully submerged subcavitating or supercavitating hydrofoils;

(3) Lightweight structural components for SWATH vessels, hydrofoil vessels and
surface-effect vehicles, constructed using anisotropic, orthotropic or sandwich
construction methods.

Technical Notes:

1 . Anisotrctipic construction methods relate to the use of fibre reinforcing
members aligned so that the load-carrying ability of the structure can be
primarily orientated in the direction of expected stress.

2.Orthotropic construction methods relate to means of stiffening plates, in
which the structural members are at right angles to each other.

3. Sandwich construction methods relate to the use of structural members
or plates which are fabricated and permanently affixed in layers to
enhance their strength and reduce their weight.

(4) Flexible skirts, seals and fingers for surface-effect vehicles;

(5) Systems for automatically controlling the stability of SWATH vessels,

hydrofoil vessels or surface-effect vehicles;

(6) Power transmission shaft systems which incorporate composite material

components, for SWATH vessels, hydrofoil vessels or surface-effect vehicles;

(7) Lightweight, high capacity (K factor greater than 150) gearing (planetary,
cross-connect and multiple input/output gears and bearings) for SWATH
vessels, hydrofoil vessels and surface-effect vehicles;

Technical Note:
For the K factor, see AGMA tables of K factor values (based on tooth profile,
pinion and gear materials and surface endurance limits).

(8)Water-cooled eletrical propulsion machinery (motor and generator),
including AC-AC synchronous and AC-DC systems, sectored-disc and concentric-
drum rotors for DC homopolar machines, for SWATH vessels, hydrofoil vessels,
and surface-effect vehicles;

(9)Superconducting electrical propulsion machinery for SWATH vessels,
hydrofoil vessels and surface-effect vehicles;

(10) Lift fans for surface-effect vehicles, rated at greater than 400
hp;


(11) Waterjet propulsor systems rated at 3 000 input hp or greater for hydrofoil
vessels and surface-effect vehicles;

(See also Item ML, 9 on the Munitions List.)

(For marine gas turbine engines, see also Item IL 1431.)





specially designed components therefor:

(a) Automatically-controlled atmosphere-regeneration systems specially designed or
modified for submersible vehicles which, in a single chemical-reation cycle, ensure
carbon dioxide removal and oxygen renewal;
(b) Systems specially designed or modified for the automated control of the motion
of a submersible vehicle using navigation data and having closed-loop servo-
control(s) so as to:

(1) Enable the vehicle to move within ten metres of a predetermined point in the
water column;
(2) Maintain the position of the vehicle within ten metres of a predetermined
point in the water column; or
(3) Maintain the position of the vehicle within ten metres while following a cable
on or under the sea bed;
(c) Underwater vision systems, as follows:
(1) Television systems (comprising camera, lights, monitor and signal transmis-
sion equipment) specially designed or modified for remote operation with
a submersible vehicle, having a 'limiting resolution', when measured in the
air, more than 500 lines, using IEEE Standard 208/1960 or any equivalent
standard;

Technical Note:

'Limiting resolution' in television is a measure of resolution usually expressed
in terms of the maximum number of lines per picture height discriminated on a
test chart.

(2) Systems specially designed or modified for remote operation with a sub-
mersible vehicle employing techniques to minimize the effects of back-scatter,
such as range-gat illuminators;

(d)Remotely controlled articulated manipulators specially designed or modified for use
with submersible vehicles and having any of the following characteristics;

(1)Systems which control the manipulator using information from sensors which
measure force or torque applied to an external object, distance from an
external object, or tactile sense between the manipulator and an external
object;

(2) Controlled by proportional master-slave techniques or by using a dedicated
stored-programme computer; or

(3) Capabl of exerting a force of 250 Newtons or more or a torque of
250 Newton-metres or more and using titanium based alloys or fibrous and
filamentary composite materials in their structural members;

(e) Photographic cameras and associated equipment specially designed or modified for
use nderwater, having a film format of 35 mm or larger, and capable of any of
the following:

(1) File advancement of more than 5 frames per second;
(2) Annotating the film with data provided
by a source external to the camera;
(3) Taking more than 250 full frame exposures without
changing the film;
(4) Autofocusing specially designed or modified for use underwater; or
(5) Operating
at depths of more than 1000 metres;

(f) Light systems specially designed or modified for use underwater, as follows:

(1) Stroboscopic lights capable of-

(i) ight output energy of more than 150 joules per flash; or

(ii)Flash rates of more than 5 flashes per second at a light output energy of
more than 10 joules per flash;
(2) Other lights and associated equipment, capable of operating at depths of more
than 1000 metres;

(For underwater 'robots', see Item IL 1391).





Notes:
1. This item does not embargo specially designed components for equipment which
would not have been embargoed had it not been modified.

2. Sub-item (a) above embargoes equipment using light metal peroxides such as K02
without covering the shipment of KO2 itself.
12 nS

3. Sub-item (b) above does not embargo automated control systems incorporated in
underwater bulldozers or trench-cutters not capable of operating at depths greater
than 100 metres and possessing only negative buoyancy.

4.sub-item (c) above does not embargo television cameras used merely through a
porthole.

5. Sub-item (d)(1) above does not embargo systems where force or torque are only
measured and then displayed to the operator.

IL 1418 Deep submergence vehicles, manned or unmanned, tethered or untethered, capable of
operating at depths exceeding 1000 metres, and specially designed or modified
associated systems, equipment, components and materials therefor, including but not
limited to the following---
(a) Pressure housings, or pressure hulls;
(b) Propulsion motors and thrusters;
(c) Hull penetrators or connectors.

(For syntactic foam, see Item IL 1759.)
(For hull penetrators for military use, see Item ML 9 on the Munitions List.)
(For manned underwater vehicles which may be discretely operated with an autonomy
equal to or greater than 10 hours, see Item ML 9 on the Munitions List.)

IL 1425 Floating docks, 'software' and technology therefor, as follows-

(a)Floating docks specially designed for use at remote locations (i.e. without support
from shore bases).

Notes:

These docks incorporate the following three facilities at least:
(1) Welding and pipelfitting repair shop(s);
(2) Electrical and eletronic repair shop(s);
(3) Mechanical repair or metal working (machine) shop(s);
and normally contain more than 3 000 kW (4 000 hp) of electrical power generation equipment.

(b)Floating docks specially equipped to permit the operation, maintenance or repair
of nuclear reactors;

(c) Floating docks having all the following characteristics:
(1) A lifting capacity of more than 40 000 short tons (36 364 metric tons).

(2) Larger than 120 metres in length and 30 metres in width, measured between
the pontoons;

(d)'Specially desighed software' for computer-controlled pumping and flooding
systems for the above floating docks, to permit the docking of listing vessels;

(e) Technology covered by this item is limited to the following:

(1)That portion of the design of a floating dock covered by sub-item (a) above
which relates to the incorporation of the three types of facilities described in
the Note to that sub-item; and

(2)Design, production and use of onboard floating dock facilities covered by sub-
item (b) above which permit the operation, maintenance and repair of
nuclear reactors.

IL 1431

Marine gas turbine engines (marine propulsion or shipboard power generation
engines), whether orginally designed as such or adapted for such use, and specially
designed components therefor





Notes:

1.Embargo of aero or industrial gas turbine engines and their specially designed
components which have been adapted for marine propulsion orl, shipboard
power generation does not re-embargo (or embargo, for industrial gas turbine
engines) the unmodified version of such engines and their specially designed
components (see also Item IL 1460).

2. Shipborad power generation does not include offshore platform applications.

3. Not used.

4.Core-section modules and specially designed components covered by Item IL
1460 shall be treated under the provisions of that Item even if the gas turbine
aero-engine has been modified for use in marine propulsion r shipboard power
generation.

IL 1460 Aircraft and helicopters, aero-engines and air-craft and helicopter equipment, and
technology therefor, as follows:

Note:

The provisions of this Item, do not release technology for computer-aided design (CAD)
or computer-aided design/manufacturing (CAD/CAM); or technology relating to
manufacturing equipment or hardware, embargoed by Items IL 1080, 1081, 1086, 1088,
1091,1312,1357,1361,1362,1371,1522, 1529 or any other item, for the production
or
evaluation of aero-engines, APUs, 'helicopter power transfer systems' or their
specially
designed components, or technology specific to production of superalloys as embargoed
by Item IL 1301.

(a)Aircraft and helicopters, except those which do not contain equipment covered by
the Munitions List or Items IL 1485 or 1501 (unless the export of such
equipment is eligible for national diseretion treatment under IL 1485 and IL
1501) and which are of types which are in bona fide normal civil use;

(b)Technology for aircraft and helicopter airframes, for aircraft propellers, and for
aircraft and helicopter airframe aircraft-propeller, and 'helicopter-rotor-systems'
components, as follows and 'specially designed software' therefor:

Technical Note:

'Helicopter-rotor-systems' consist of hubs, blades, blade attachments and upper
controls. Upper controls are those control elements located in the rotating
system including the swashplate if used.

(1)Design technology using computer-aided aerodynamic analyses for
intergration of the fuselage, propulsion system and lifting and control
surfaces to
optimize aerodynamic performance throughout the flight regime of an
aircraft;

(2) Technology for the design of active flight control systems, as
follows:

(i) Technology for configuration design for interconnecting multiple
microelectronic processing elements (on-board computers) to achieve
high-speed data transfer and high-speed data integration for control law
implementation;

(ii) Technology for control law compensation for sensor location and
dynamic airframe loads, i.e. compensation for sensor vibration environment
and for variation of sensor location from centre of gravity;

(iii) Technology for electronic management of systems redundancy and
data redundancy for fault detection, fault tolerance and fault isolation;

Note:
This sub-item does not embargo technology for the design of physical
redundancy in hydraulic or mechanical systems or in electrical wiring.

(iv) Technology for design of flight controls which permit in-flight
reconfiguration of force and moment controls;

Technical Note:

Active flight control systems function to prevent undesirable aircraft
motions or structural loads by autonomously processing outputs from
multiple sensors and then providing necessary preventative commands
to effect automatic control.

(3) Design technology for integration of flight control, navigation and
propulsion control data into a flight management system for flight path optimization;





(4) Design technology for protection of avionic and electrical sub-systems against
electromagnetic pulse (EMP) and electromagnetic interference (EMI)
hazards from sources external to the aircraft, as follows:

(i) Technology for design of shielding systems;

(ii) Technology for the configuration design of hardened electrical circuits
and sub-systems;

(iii) Determination of hardening criteria for the above;

(5)Technology for the design, production and reconstruction of adhesively
bonded airframe structural members designed to withstand operational
temperatures in excess of 120oC (248oF);

Note:
Airframe structural members mentioned in this sub-item do not include engine
nacelles and thrust reversers.
(6) Technology for the design and production or propeller blades constructed
wholly or partly of composite materials, and specially designed hubs therefor;
Note:
This sub-item does not embargo technology for the production of propeller
blades:

(a) Constructed wholly of wood or glass-fibre-reinforced plastics; or

(b)Which are constructed mainly of wood or glass-fibre-reinforced plastics;
and which use other materials only in the leading edge or tip.

(7) Technology for the design and production of digital electronic synchrophasers
specially designed for propellers; techenoliogy for the design of digital
electronic
controls for propellers; and technology for the production of digital
electronic
controls for the propellers described in (6) above;

(8) Technology for the design and production of active laminar flow control
lifting surfaces;

Note:
Design technology covered by this sub-item includes the data used to
substantiate the design approach.

(9)Technology for the development of helicopter multi-axis fly-by-night of fly-
by-wire controllers which combine the functions of at least two of the
following into one controlling element:

(i) Collective controls;

(ii) Cyclic controls;

(iii) Yaw controls.

(10) Technology for the development of 'circulation controlled' anti-torque or
directional control systems for helicopters;

Technical Note:

'Circulation-coptrolled' anti-torque and directional control systems utilise
air blown over aerodynamic surfaces to increase or control the forces
generated by the surfaces. Buried fan-in-fin anti-torque designs fitted or not
fitted with guide vanes such as the 'fenestron' are excluded from this
category.

(11) Technology for the development of helicopter rotor blades incorporating
variable geometry airfoils;

Technical Note:
Variable geometry arfoils utilize trailing edge flaps of tabs, or leading edge
slats or pivoted nose droop, which can be controlled in position in flight.

(12) Technology for the development of active control of helicopter blades and
other surfaces used to generate aerodynamic forces and moments;

Technical Note:

Active control (of helicopter blades and other surfaces use to generate
aerodynamic forces and moments) functions to prevent undesirable
helicopter vibrations, structural loads, or helicopter rotor dynamic
behaviour by autonomously processing outputs from multiple sensors and
then providing necessary preventive commands to effect automatic
control.







(c) 'Helicopter power transfer systems' and technology therefor, except:

(i) Those 'helicopter power transfer systems' destined for use in 'civil
helicopters' only, as follows:

(1)Those which have been in civil use in bona fide 'civil helicopters' for
more than eight years;

(2)Those which it is considered do not contain, and were not fabricated
utilizing, any of the technologies shown in Note 9;

(3)Those for replacement in or servicing of specific, previously exported
helicopters;

(ii) Data not in the public domain resulting from 'helicopter power transfer
system' performance and installation design studies; fabrication technology,
or overhaul and refurbishing technology for specific 'helicopters power
transfer systems' in civil use in bona fide 'civil helicopters' for more than
eight years, unless they remain listed in Note 9;

Note:
'Helicopter power transfer system' performance and installation design data
do not include technology for: computer-aided design (CAD); computer-aided
design/manufacturing (CAD/CAM); or parametric performance analysis,
engine analysis and selection, or component design utilizing unpublished
technical data.

(d)Gas turbine engines an auxiliary power units (APUs) for use in aircraft or
helicopters and technology therefor, except:

(i) Those destined for use in 'civil aircraft' or 'civil helicopters' only, as
follows:

(1) Jet, turborop and turboshaft aircraft engines in civil use in bona fide
'civil aircraft' or 'civil helicopters' for more than eight years, or which
it is considered do not contain, and were not fabricated utilizing, any of
the techologies shown in Note 8;

(2)Gas turoine powered aircraft APUs in civil use in bona fide 'civil aircraft'
or 'civil helicopters' for more than eight years, or where it is considered
do not contain, and were not fabricated utilizing, any of the technologies
shown in Note 8;

(ii) Data not in the public domain resulting from aircraft performance and installation
design studies; fabrication technology, or overhaul and refurbishing
technology for specific gas turbine aero-engines or gas turbine powered
aircraft APUs in civil use in bona fide 'civil aircraft' or 'civil helicopters' for
more than twelve years, unless they remain listed in Note 8;

Note:

Aircraft performance and installation design data do not include technology
for: computer-aided design (CAD); computer-aided design/manufacturing
(CAD/CAM); or parametric engine performance analysis, engine cycle analysis
and selection, or component aerodynamic design utilizing unpublished technical
data.

(e)Specially designed components for gas turbine engines, APUs and 'helicopter power
transfer systems', embargoed by (c) and (d) above, as follows:

(1) Embodying technologies listed under Notes 8 or 9;

(2) Hot-section components;

(3) Engine control system components;

(4) Gas turbine engine or APU rotor system components (including bearings);

Note:
(Acro-engines, APUs or 'helicopter power transfer systems' which have any
special feature designed for a military application are embargoed by the Munitions
List. See also Items IL 1485 and 1501. For technology relating to industrial gas
turbine engines, see Item IL 1372; for marine gas turbine engines and related
technology, see Item IL 1431.)





Notes:

1. 'Civil aircraft' and 'civil helicopters' are defined under Note 10.

2. The period of bona fide civil use referred to in sub-item (c) and (d) above begins
with the date that the particular engine or 'helicopter power transfer system'
(model and specifications) or its most recent modification was certita as
airworthy for commercial service or commercial navigability under the standards and
requirements of the government of the country in which it was manufactured.
However, it is recognized that many modifications which may require recertification may
pertain to minor safety or operational changes which do not significantly enhance
the performance of a particular gas turbine aero-engine or improve its reliability. It is
the intent for control purposes, that:

(a) A gas turbine aero-engine which is recertified as the result of incorporating
any technology listed in Note 8 will be treated as a newly certified engine.
Recertification which does not result from incorporation of such technology,
or modifications which do not require recertification by national authorities,
will not affect the current period of civil use of the engine;

(b) Modification of a gas turbine APU by incorporation of any technology listed
in Note 8 will cause it to he treated as a new APU. Other modifications will not
affect the current period of civil use of the APU;

(c)Modification of a 'helicopter power transfer system' by incorporation of
any technology listed in Note 9 will restart the control period for the
'helicopter power transfer system' as though it were newly certified in a
helicopter. Other modifications will not affect the current period of civil use
of the 'helicopter power transfer system'.

3.'Helicopter power transfer systems' referred to in sub-item (c) above are defined as
all those components which transfer power from the engine to the main and tail
rotor blade(s).

4. Exports of technolog, including transfer of skills and data, necessary for the
design, fabrication, assembly and production testing of gas turbine engines
embargoed by sub-item (d) above or of the specially designed components
embargoed by sub-item (e) are subject to the embargo except, for civil use only,
as provided in (a) to (g) below and in Notes 7 and 8. It is intended that export of
any of these technologies to a military end-user or for military end-use be subject
to the embargo. This Note does not remove from embargo computer-aided design
(CAD) or computer-aided design/manufacturing (CAD/CAM) technology. Only
technology which is non-CAD, non-CAD/CAM may be shipped as provided for in
the appropriate sub-paragraph(s). This Note also does not release technology
relating to manufacturing equipment or hardware, covered by Items IL 1080,
1086, 1088, 1091, 1312, 1357, 1361, 1522, 1529 or any other Item, for the
production or evaluation of gas turbine engines or their specially designed
components, or technology specific to production of superalloys as embargoed by
Item IL 1301.

(a)Technology, including transfer of skills and technical data, necessary for
aircraft performance analyses and installation design studies of specific gas
turbine aero-engines or aircraft gas turbine APUs embargoed by sub-item (d)
above or of their specially designed components embargoed by sub-item (e)
above shall be subject to the embargo for a period of twelve years, as
defined in Note 2, after those engines have entered into bona fide civil use. From
the
end of the embargo period, the above technology may be shipped to civil
end-users for civil end-uses.

(b)Fabrication technologies listed in Note 8 for gas turbine aero-engines or
aircraft gas turbine APUs embargoed by sub-item (d) above or for their
specially designed components embargoed by sub-item (e) above shall remain
embargoed until those engines or APUs have been in civil use for more
than twelve years, as defined in Note 2, unless they remain listed in Note 8.

(c)Fabrication technology for gas turbine aero-engines or aircraft gas turbine
APUs embargoed by sub-item (d) above, or for specially designed
components embargoed by sub-item (e) above, which do not embody any
technology listed in Note 8.

(d)Technology for assembly and production testing of gas turbine aero-engines
or aircraft gas turbine APUs embargoed by sub-item (d) above, or of their
specially designed components embargoed by sub-item (e) above.





(e)Technology for on-site installation, operation, maintenance and repair of
gas turbine engines or APUs embargoed by sub-item (d) above.

(f)Overhaul and refurbishing technologies for gas turbine engines or APUs
embargoed by sub-item (d) above or for specially designed components
embargoed by sub-item (e) above, which embody any technology listed in Note
8, shall remain embargoed until those engines or APUs have been in civil use
for more than twelve years, as defined in Note 2.

(g)Overhaul and refurbishing technologies for gas turbine engines or APUs
embargoed by sub-item (d) above or for specially designed components
embargoed by sub-item (e) above, which do not embody any technology
listed in Note 8, shall remain embargoed until those engines or APUs have
been in civil use for more than eight years, as defined in Note 2.

N.B.
The provisions of (a) to (g) above apply provided that:

(a) Technology as described in this Note, including unpublished data (all data
other than those generally available to the public), to be provided will be the
minimum necessary in content and quality for the purposes of the
transaction;
and

(b) It is considered that th specially designed components to be assembled into
gas turbine engines or APUs produced by the recipient with technology supplied
under this Note, an all the gas turbine engines and APUs thereby assembled,
will be for civil use as described in Note 10.

5. Exports of technology including transfer of skills and data, necessary for the
design, fabrication, assembly and production testing of 'helicopter power transfer
systems' embargoed by sub-item(c) above, or of the specially designed components
embargoed by sub-item (e) above, shall be subject to the embargo except, for
civil use only, as provided in (a) to (g) below and in Note 9. It is the intent that
export of any of these technologies to a military end-user or for military end-use
be subject to embargo. This Note does not remove from embargo computer-aided
design (CAD) or computer-aided design/manufacturing (CAD/CAM) technology.
Only technology which is non-CAD, non-CAD/CAM may be shipped as provided
for in the appropriate sub-paragraph(s). This Note also does not release
technology relating to manufacturing equipment or hardware, covered by
Items IL 1088,1091,1312, 1357, 1371, 1522, 1529 or any other Item, for the
production or evaluation of 'helicopter power transfer systems' or their specially
designed components.

(a)Technology, including transfer of skills and technical data, necessary for
'helicopter power transfer systems' performance analyses and installation
design studies of specific 'helicopter power transfer systems' embargoed by
sub-item (c) above or of their specially designed components embargoed by
sub-item (e) above shall be subject to the embargo for a period of eight years, as defined
in Note 2, after those systems have entered into bona fide civil use. From the
end of the embargo period, the above technology may be shipped to civil
end-users for civil end-uses.

(b) Fabrication technologies listed in Note 9 for 'helicopter power transfer
system' embargoed by sub-item (c) above or for specially designed
'helicopter power transfer system' components embargoed by sub-item (e) above shall
remain embargoed until those technologies have been in bona fide 'civil helicopters'
in civil use for more than eight years, as defined in Note 2, unless
the technology remains listed in Note 9.

(c) Fabrication technology for 'helicopter power transfer systems' embargoed
by sub-item (c) above or for specially designed 'helicopter power transfer system'
components embargoed by sub-item (e) above, which do not embody any
technology listed in Note 9.

(d)Technology for assembly and production testing of 'helicopter power
transfer systems' embargoed by sub-item (c) above or of their specially
designed components embargoed by sub-item (e) above.

(e) Technology for on-site installation operation, maintenance and repair of
'helicopter power transfer systems' embargoed by sub-item (c) above.





(f) Overhaul and refurbishing technologies for 'helicopter power transfer
systems' embargoed by sub-item (c) above, or for specially designed
components embargoed by sub-item (e) above, which embody any
technology listed in Note 9, shall remain embargoed until those 'helicopter
power transfer systems' have been in civil use for more than eight years,
as defined in Note 2.

(g)Overhaul and refurbishing technologies for 'helicopter power transfer
system' embargoed by sub-item (c) above, or for specially designed components
embargoed by sub-item (e) above, which do not embody and technology listed
in Note 9, shall remain embargoed until those 'helicopter power transfer
systems' have been in civil use for more than eight years as defined in Note
2.

N.B.

The provisions of (a) to (g) above apply provide that:

(a)Technology as described in this Note, including unpublished technical data (all
data other than that generally available to the public), to be provided will be
the minimum necessary in content and quality for the purposes of the
transaction; and

(b) It is considered that the specially designed components to be assembled into
'helicopter power transfer systems' produced by the recipient with technology
supplied under this Note, and the 'helicopter power transfer systems' thereby
assembled will be for civil use as described in Note 10.

6. Not used.

7.This Item does not embargo for civil gas turbine engines, APUs and 'helicopter
power transfer systems' and modifications (and technology therefor) certified or
re-certified for civil use, as described in Note 2 prior to the 1st January 1979, and
not embargoed by the following definitions:

Helicopters over 4 530 kg (10 000 lb) empty weight, and power transmissions
systems therefor;

Note:

Empty weight is understood to include normal installation and normal minimum
crew, but does not include fuel pay-load.

Aero-engines, as follows:
(i) Piston engines;

(ii) Jet engines of less than 2 265 kg (5 000 lbs) thrust;
(iii) Turboprop or turboshaft engines of less than 2 500 horsepower or with a
residual thrust of less than 453 kg (1000 Ibs).

8.Sub-item (d) above does not embargo for use in bona fide 'civil aircraft' or 'civil
helicopters' those engines which it is considered contain none of the technologies
listed. Gas turbine engines embodying any of these technologies shall remain under
embargo until the technology has been in civil use for eight years, as defined in Note
2, after the initial certification date (shown in table 1). The following
technologies shall remain under control for twelve years after the initial certifica-
tion date of the engine in (shown in table 1), unless the expiration date of the
embargo period is extended;

9.Sub-item (c) above does not embargo for use in bona fide 'civil helicopters' those
'helicopter power transfe systems' which it is considered contain none of the
technologies listed below. 'Helicopter power transfer system' embodying any of
these technologies, and these technologies themselves, shall remain under control
for eight years after the initial certification date (shown in table 2), unless the
expiration date is extend :

10. The terms 'civil aircraft' and 'civil helicopters' are understood to include only
those types of civil aircraft and helicopters which are listed by designation in
published airworthiness certification lists by the civil aviation authorities to fly
commercial civil internal and external routes or for legitimate civil, private or
business use. The total number of aircraft or helicopters (and aero-engines or
'helicopter power transfer systems') by type which may be included within the
terms 'civil aircraft' and 'civil helicopters' shall not exceed that number which
appears to constitute a reasonable requirement for operation of published
scheduled services or for legitimate civil, private or business use.

11. Not used.





Table 1 (see IL 1460 (b) 8)

I. Materials and manufacturing Initial certi- Type certifi-
procedures fication date Engine cate number

Ceramic, ceramic-composite or composite hot-section components
(combuster, turbine blades and venes, seals, discs, flow path) -- None --

Turbine blades on basis of directional solidification or monocrystal
technology
- directional solidification 30/09/74(*) JT9D-7F E20EA
- monocrystal technology 25/11/80 JT9D-7R4 E3NE

Turbine blades consisting of several parts connected by diffusion
bonding -- None --

Fibre technology in frames or in highly stressed discs, casings, blades
and vanes -- None --

Protective coating technology for air-cooled turbine blade and vanes
with internal and external cooling passages and their related flow
paths capable of operating in high gas temperatures environments
(in excess of 1 4990C), irrespective of the actual gas temperature
environment in which they will be used; involving applications or
metallic or ceramic materials by vapour, pack, plasma, elctron beam,
sputtering or sintering processes

Matallic coatings 30/09/74 JT9D-7F E20EA
- plasma sprayed -- None --
- other -- None --

Ceramic coatings -- None --

Application of powder metallury for fan compressor and turbine
blades of vanes; discs, wheels, reduction gears, engine main safts
and frames
- discs 01/78 JT8D-17 E2EA
- fan, compressor and turbine blades or vanes wheel , reduction
gears, engine main shafts and frames -- None --

Cooled components on basis of electrostream or laser drilling
methods;
- eleetrostream, drilling 30/09/74 JT9D-7F E20EA
- laser drilling 16/09/70(**) CF6-6 E23EA

Electron beam drilling for small holes in turbine blades and vanes
(Item IL 1080 I (c) sets out the parameteholes) - None --

Titanium or superalloy-casting on basis of centrifugal techniques 13/01/78 TFE-731 E6WE

Ceramic core casting technology for casting holes in turbine blades
and vanes 07/04/71(***) JT8D-15 E2EA

II. Construction methods

Adjustable flow path geometry and associated control system for:
- fans -- None --
- gas generator turbine(s) -- None --
- fan/power turbinc(s) -- None --
- propelling nozzles -- None --
(Adjustable flow path geomery and associated control systems do not include inlet guide vanes, variable pitch fans,
variable stators or bleed valves for compressors.)

Full authority or hybrid digital electronic control and respective
sensor equipment 25/11/80 JT9D-7R4 E3NE

High temperature (capable of utilizing gases heated above 1 100oc)
heat exchanges for preheating compressor exit air -- None --
Combustors with combustion in several stages 08/11/79 CFM-56 E2GL

Maintenance of compressor or turbine tip clearance through methods
employing active compensating casing technology:
- compressor alone -- None --
- turbine alone 01/04/81 JT9D-7R4E1 E3NE
- compressor and turbine -- None --

Ceramic bearings -- None --

Nozzles with thrust vectoring (not including reverse thrust) -- None --

N.B. Technology for computer-aided design/manufacturing (CAD/CAM) is not released by
the deletion of any technology from the above list.

(*) Embargo period extended by three years to 30 September 1989.

(**) Embargo period extended by three years to 16 September 1988.
(***) Embargo period extended by three yews to 7 April 1989.





Table 2(see IL 1460 (b) 9)

I. Materials and manufacturing Initial certi- Type certifi-
procedures fication date Helicopter cate number

A. Rotor heads, containing:
- Hot-isostatically pressed materials -- None --

B. Gear boxes, containing:

- Novikoff-type gears -- None --
- Gears or gear support structures
based on materials applying -- None --
- directional solidification or
monocrystal technology -- None --
- High contact-ratio double-helical (arrow-shaped) gears None
- Fibre technology None
- Hot-isostatically pressed components None
- Gear tooth surfaces hardened by vacuum carburizing or ion
nitriding None

C. Drive shaft system containing supercritical drive shaft None

II. Construction methods

A. Components fabricated by diffusion bonding None

B. High-survivability loss-of-lubrication technology for high-speed
bearings (DN equal to or greater than 2.4 million where D is
expressed in millimetres and N in rpm) None

N.B. Technology for computer-aided design/manufacturing (CAD/CAM) is not released by the
deletion of any technology from the above list.

IL 1465 'Spacecraft' and launch vehicles, as follows-

(a) 'Spacecraft', manned or unmanned (not including their payloads);

Note:
For controls applicable to products contained in 'spacecraft' payloads, see the
appropriate List items.

(b) Launch vehicles;

(c)Propulsion systems, guidance equipment, attitude control equipment; and
onboard communications equipment for remote control of the equipment
embargoed by sub-items (a) or (b) above; ;

(d) Specially designed components for the above.

Technical Note:
'Spacecraft' are defined as active and passive satellites and space probes.

Note:
Scientific-mission space probes which do not contain equipment either covered by
sub-item (c) above or covered by any other item on these Lists are not covered by
this item.

IL 1485 Compasses, gyroscopes (gyros), accelerometers and inertial equipment, and specially
designed 'software' therefor, as follows; and specially designed components therefor-
(See also Items IL 1385 and 1465.)
(a) Gyro compasses with provision for determining and transmitting ship's level
reference data (roll, pitch) in addition to own ship's course data;
(b) Integrated flight instrument systems which include gyrostabilisers or automatic
pilots for aircraft and specially designed intergration 'software' therefor, except
those systems which integrated solely for VOR/ILS navigation and approaches;

Explanatory Note:
An integrated flight instrument system is a primary instrument display system of
attitude and azimuth with facilities for giving manoeuvre guidance information to
the pilot and often integrated with an autopilot ot the extent of embodying a
common unit for setting up the required demands.
(c) Gyro-astro compasses and other devices which derive position or orientation by
means of automatically tracking celestial bodies;
(d) Gyro-stabilisers used for other purposes than aircraft control except those for
stabilising an entire surface vessel;






(e)Automatic pilots used for purposes other than aircraft control and specially
designed integration 'software' therefor, except marine types for surface vessels;

(f)Accelerometers with a threshold of 0.005 g or less or a linearity error within 0.25 per
cent of full scale output or both, which are designed for use in inertial navigation
systems or in guidance systems of all types;

(g)Gyros with a rated free directional drift rate (rated free precession) or less than
0.5 degree (1 Sigma or r.m.s.) per hour in a 1 g environment;

(h)Continuous output accelerometers which utilize 'servo' or 'force balance'
techniques and gyros, both specified to function at acceleration levels greater
than 100 g;

(i)Inertial or other equipment using accelerometers embargoed by sub-items (f) or
(h) above or gyros embargoed by sub-item (g) or (h) above, and systems
incorporating such equipment, and specially designed integration 'software'
therefor;

(j) Specially designed test, calibration and alignment equipment for the above.

GROUPS F AND G

ELECTRONIC EQUIPMENT INCLUDING COMMUNICATIONS,
RADAR, COMPUTER HARDWARE AND SOFTWARE
See also Item ML 11
N. B.
Broadcast and television receivers of the domestic type are expressly exempt from control

IL 1501 Navigation, direction finding radar and airborne communication equipment, as
follows-
(See also Item IL 1485(b) an (i), 1573 and 1574.)
(a) Airborne communication equipment having any of the following characteristics,
and specially designed components and 'specially designed software' therefor:
(1) Designed to operate at frequencies greater than 156 MHz;
(2) Incorporating facilities for:

(i) The rapid selection of more than 200 channels per equipment; or
(ii)Equipment using frequency synthesis techniques (see also Item IL 1531);
except equipment operating in the frequency range of 108 to 136 MHz
with 720 channels or fewer at not less than 25 kHz spacing, and which
has been in normal civil use for at least one year;
(3) Rated for continuous operation over a range of ambient temperatures
extending from below - 55'C to above + 55oC;
(4) Designed for modulating methods employing any form of digital modulation
using time and frequency redundancy such as 'Quantized Frequency
Modulation' (QFM);

(b) Navigation and direction finding equipment, as follows, specially designed
components and 'specially designed software' therefor, and specialized testing,
calibrating and training/simulating equipment therefor:

(1) Airborne navigation equipment and direction finding equipment, as
follows:
(i) Designed to make use of 'Doppler' frequency phenomena;

(ii) Utilizing the constant velocity or the rectilinear propagation charac-
teristics of electro-magnetic waves having frequency less than 4 x 10 14Hz (0.75 microns);

(iii) Radio altimeters, the following:

(a) Pulse modulated;

(b)Frequency modulated having a displayed electrical output accuracy
better than +0. 914 m (+ 3 ft) over the range between 0 and 30.4 m
(100 ft) or better than +3 per cent above 30.4 m (100 ft);

(c)Frequency modulated which have been in normal civil use for less
than one year;

Technical Note:

The accuracy is related to that provided by the electrical output circuits
of the altimeter at any altitude. The word accuracy also refers to the





equipment's accuracy over time. This accuracy over time is defined for
the instrument itself without reference either to a calibrated value or to
a designated electrical value.

(iv) Direction finding equipment operating at frequencies greater than 5 MHz;

(v) Rated for continuous operation over a range of ambient temperatures
extending from below - 551C to above +55oC.

Note:

Direction finding equipment specially designed for search and rescue
purposes and operating at a frequency of 121.5 MHz or 243 MHz is not
covered by this sub-item. This exclusion also applies to personal locator
beacons operating in this form and which may also have an additional
channel selectable for voice mode only.

(2)Ground and marine equipment for use with airborne navigation equipment
utilizing the constant velocity or the rectilinear propagation characteristics
of electromagnetic waves having frequency less than 4 x 10 ' Hz (0. 75
micron);

(3)Ground and marine direction finding equipment operating at frequencies
greater than 30 MHz;

(4)Timing receivers whose only function is automatically providing time
derived from satellite signals to within 1 millisecond of Universal Coordinate
Time (UCT) or better;

(5)Ground or marine navigation and geodetic positioning systems designed for
use with satellite-provided timing positioning or navigation information;

(c)Radar equipment as follows, and specially designed components, specialized
testing, calibrating and training/simulating equipment, and 'specially designed
software' therefor:

(For lidar equipment see Item IL 1522)

(1) Airborne radar equipment;

(2)Ground and marine radar equipment having one or more of the following
features:

(i)Operating at a frequency not in normal civil use or at a frequency of
more than 10.5 GHz;

(ii) Operating at a frequency of less than 1.5 GHz and having a peak output
power from the transmitter greater than 2.5 MW; or operating at a
frequency within the range of 1.5 to 3.5 GHz and having a peak output
power from the transmitter greater than 1.5 MW; or operating at a
frequency within the range of 3.5 to 6 GHz and having a peak output
power from the transmitter greater than 1 MW; or operating at a
frequency within the range of 6 to 10.5 GHz and having a peak output
power from the transniitter greater than 500 kW;

(iii) Operating at a frequency of less than 3.5 GHz and having an 80 per
cent or better probability of detection for a 10 sq.m. target at a free space
range of 250 nautical miles; or operating at a frequency within the range
of 3.5 t 10.5 GHz and having an 80 per cent or better probability of
detection for 10 sq.m. target at a free space range of 100 nautical miles;


(iv)Utilizing other than pulse modulation with a constant or staggered pulse
repetition frequency, in which the carrier frequency of the transmitted
signal is not changed deliberately between groups of pulses, from pulse
to pulse, or within a single pulse; except civil commercial airport radars
using a carrier frequency that may change from pulse to pulse between
two fixed frequencies separated in time and in frequency by constant
magritudes;

(V) Utilizing a Doppler technique for any purpose other than M.T.I.
systems using a conventional double or triple pulse delay line cancellation technique;
except those utilized for surveillance and control radars for aerial
navigation in civil airports;

(Vi) Including any digital signal processing techniques used for automatic
target tracking, or having a facility for electronic tracking;

(vii) Including signal processing techniques other than those covered by sub-
item (vi) above, which have been in normal civil use for a period of less
than two years;





(viii) In the case of ground radar, having been in commercial use for a period
of less than one year.

Notes:

1 .Nothing in the following shall be construed as permitting the export of specially
designed 'software' or technology for navigation, direction finding, radar and
airborne communication equipment, or technology for specially designed com-
ponents therefor, except for the minimum 'software' and technology for the use
(i.e. the installation, operation and maintenance) of the following equipment.
This Item does not embargo the following:

(a) Standard commercial airborne equipment listed in sub-item (b)(1) (ii) above
needed to equip civil aircraft (see Note 10 to IL 1460) or as normal standard
equipment incorporated in civil aircraft being exported for civil commercial
use provided, such equipment is in conformity with ICAO standards and
assures no function exceeding those resulting from such standards, is not
designed to use satellite-broadcasted navigation signals and is not designed
to make use of hyperbolic grids at frequencies greater than 3 MHz. (Standard
commercial airborne equipment designed to make use of hyperbolic grids at
frequencies of less than 3 MHz may be exported if coordinate conversion
equipment, which has been in normal civil use for less than one year, or which
could not be shipped under the provisons of Item IL 1565, is not included and
is not separately supplied.) Normal civil equipment released by this paragraph
consists of: Marker beacons, ILS, VOR ('OMNI'), Omega, Loran A and B;

(b) Ground and marine equipment listed in sub-item (b)(2) above, for use with
airborne navigation equipment using the constant velocity or rectilinear
propagation characteristics of electromagnetic waves having a frequency less
than 4 x 10 14 Hz (wavelength 0.75 micro-metre), provided the ground
equipment is for use at civil airports or for civil use in association with civil
airborne equipment, and:

(1) Is in conformity with ICAO standards and assures no function exceeding
those resulting from such standards;

(2)Is not designed to make use of hyperbolic grids at frequencies greater than
3 MHz;

(c)Equipment listed in sub-item (b)(5) above which is restricted to use with TRANSIT
satellite systems or other unembargoed systems and which is not
also embargoed by sub-item (b)(4) above;

(d) Secondary radar equipment embargoed by sub-item (c) above specially designed
for civil air traffic identification and control purposes;

(e) Equipment assemblies for civil marine automatic radar plotting aids or electronic
relative motion analyzers designed to achieve the requirements published by
the International Maritime Organization in accordance with the Safety of Life
at Sea (SOLAS) conventions, provided the designed tracking speeds do not
exceed relative values of greater than 150 knots (77.1 metres/second);

(f) Ground radar of the hand-held and automobile-mounted type used for
vehicle speed monitoring by police authorities and operating in the frequency
band from 10.5 to 10.55 GHz.

2. Not used.
3. Not used.
IL 1502 Communication, detection or tracking equipment of a kind using ultra-violet radiation,
infrared radiation or ultrasonic waves; and specially designed components and 'specially
designed software' therefor.

Notes:


1.This Item is intended to cover infrared or ultra-violet sensing devices not
otherwise embargoed by Munitions List Item ML 15 and which contain image
intensifiers embargoed by Item IL 1555.

2.The item is not intended to embargo ultrasonic devices which operate in contact
with a controlled material to be inspected, or which are used for industrial
cleaning, sorting or materials handling, industrial and civilian intrusion alarm,
traffic and industrial movement control and counting systems, medical
applications, emulsification, homogenization, or simple educational or
entertainment devices.





3.

This item is not intended to embargo underwater ultirasonic communications
equipment designed for operation with amplitude modulation and having a
communications range of 500 m or less (Sea State 1), a carrier frequency of 40
to 60 kHz and a carrier power supplied to the transducer of 1 W or less.

4. This Item is not intended to embargo the following:

(a) Industrial equipment employing cells not embargoed by Item IL 1548;
(b) Industrial and civilian intrusion alarm, traffic and industrial movement control and counting systems;
(c) Medical equipment;
(d) Industrial equipment used for inspecion, sorting or analysis of the properties
of materials;
(e) Simple educational or entertainment devices which employ photo cells;
(f) Flame detectors for industrial furnaces;
(g)Equipment for non-contact temperature measurement for laboratory or
industrial purposes utilizing a single detector cell with no scanning of the
detector;
(h)Instruments capable of measuring radiated power or energy having a response
time constant exceeding 10 milliseconds;

(i) Equipment designed for measuring radiated power or energy for laboratory,
agricultural or industrial, purposes using a single detector cell with no
scanning of the detector and single detector cell assemblies or probes specially
designed therefor, having a response time constant exceeding 1 microsecond;

(j)Infrared geodetic equipment, provided that equipment uses a lighting source
other than a laser and is manually operated or uses a lighting source (other
than a laser or a light-emitting diode) remote from the measuring equipment.

N.B.

Simple educational devices are defined as devices designed for use in teaching basic
scientific principles and demonstrating the operation of those principles in
educational institutions.

5. Not used.

(For communications equipment employing fibres optics see Item IL 1519.)
IL 1510 Marine or terrestrial acoustic or ultrasonic systems or equipment specially designed for
positioning surface vessels or underwater vehicles, or for detecting or locating
underwater or subterrnea objects or features, and specially designed components of such
systems or equipment, including but not limited to hydrophones, transducers, beacons,
towed hydrophone arrays, beamformers and geophones (except moving coil or moving
magnet electromagnetic geophones) and 'specially designed software' therefor, except

(i) Marine systems or equipment, as follows:

(A) Active (transmitting, or transmitting and receiving) systems or equipment,
including but not limited to depth sounders and fish-finders and their associated
beamformers, as follows:

(1)Depth sounders used solely for measuring the depth of water or the
distance of submerged or buried objects vertically below the apparatus;

(2)Horizontally-operated object detection or location systems, having all of
the followIng characteristics:

(a) Transmitting frequency of 15 kHz or greater,

(b) Soulld pressure level less than 250 dB (reference 1 micropascal at
1 metre) for equipment with operating frequency between 15 and
30 kHz, with no decibel limitation for equipment operating at
frequencies of 30 kHz or higher;

(c)Transmission capability limited to + 10 per cent of the design
centre frequency;

(d)Not designed to withstand pressure during normal operation at
depths greater than 1000 metres;

(e) Displaying a range of 5 000 metres or less;











(3)Electronic noise sources for vertically directional use only, or
mechanical (eg air gun or vapour-shock gun) or chemical (eg explosive)
noise sources;

(4)Acoustic systems or equipment for positioning surface vessels or
underwater vehicles, provided:

(a)Their control capability is lin-dted to release and basic transponder
capabilities;

(b)They are not capable of processing responses from more than four
beacons in the calculation of a single point, and have neither
devices nor software for correcting automatically velocity-of-
propagation errors for point calculation, nor any coherent signal
processing means;

(c) They are capable only for operating within a range of less than
1000 metres or, if capaby of operating beyond a range of more
than 1000 metres, are not capable of achieving positional
accuracy of better (less) than 20 metres when measured at a range of
1000 metres;

(d)Transducers, acoustic modules or hydrophones therefor are not
designed to withstand pressure dining normal operation at depths
greater than 100 metres; and

(e)Beacons therefor are not designed to withstand pressure during normal
operation at depths greater than 1000 metres, do not have
osclllators with a stability greater than 10-` over periods of
24 hours, and do not use complex codes or bearnformers which have
shaded or formed beams;

(B)Passive (receiving, whether or not related in normal application to separate
active equipment) acoustic hydrophones or transducers having all of the
following characteristies:

(1)Incorporating sensitive elements made of piezoelectric cerarnics or
crystal, and with a sensitivity no greater than - 192 dB (reference 1 volt
per micropascal);

(2) Not designed for operation at depths greater than 100 metres;

(3)Independently mounted or configured and not reasonably capable of assembly
by the user into a towed hydrophone array;

(ii) Terrestrial systems or equipment having both the following characteristics:

(a) Not reasonably capable of conversion by the user to underwater or marine
applications embargoed by this Item;

(b) Not employing geophones or other transducers embargoed by this Item.

Note:
1. Signal-and-dataprocessing parameters for related equipment are defined in
Items IL 1529 and 1565, and parameters for related cable in Item IL 1526.

2. Magnetic detection and locating apparatus are covered by Item IL 1571.

3. Nothing in this Item shall permit the export of technology or technical
data associated with the design, manufacture or upgrading of an item
excepted from embargo by this definition, when such technology or
technical data are also relevant to equipment embargoed by this definition.

4.With respect to repairs and alterations to ships owned and controlled by
organizations in proscribed destinations, then those systems or equipment
embargoed by Item IL 1570 shall not be installed pursuant to such repair or
alterations, unless previously approved.

(See also Item IL 1416.)


5. Acoustic systems or equipment embargoed by this Item for use in
positioning surface vessels or underwater vehicles are systems or equipment
using acoustic travel time differences between beacons operating as
responders, transponders or independent transmitters and one or more
hydrophones carried by a surface vessel or underwater vehicle.





6.Passive hydrophone sensitivities cited in this item are based on sensitivity
being defined as 20 times the logarithm to the base 10 of the ratio of rms
output voltage to a 1 volt reference, when the hydrophone sensor is placed
in a plane wave acoustic field having an rms pressure of 1 micropascal. For
example, a hydrophone of - 160 dll (reference 1 volt per micropascal)
would yield an output voltage of 10` volts in such a field, while one of - 180
dB sensitivity would yield only 10` volts output.

7. Not used.

8. Not used.

9. Not used.
IL 1514 Pulse modulators capable of providing electric impulses of peak power exceeding 20 MW or
of a duration of less than 0.1 microsecond, or with a duty cycle in excess of 0.005; and pulse-
transformer, pulse-forming equipment or delay lines being specially designed components of such
modulators.

IL 1516 Receivers, as follows, and specially designed components, accessories and 'specially
designed software' therefor

(For instruments using time compression of the input signal or FFT techniques
associated with receivers, see Item IL 1533(i) .

(a) Panoramic radio receivers (which search or scan automatically a part of the
electromagnetic spectrum and indicate or identify the received signals); except
ancillary equipment for commercial receivers with which the frequency searched
does not exceed a bandwidth of 20 MHz or does not incorporate a raster or storage
display capability;

(b) Digitally-controlled radio receivrs, whether or not computer controlled, which
search or scan automatically a part of the electromagnetic spectrum, in which the
switching operation takes less 10 milliseconds, and which indicate or identify
the received signals, except non-ruggedized, digitally-controlled, pre-set type radio
receivers designed for use in civil communications which have 200 selective
channels or fewer (for digitally-controlled radio receivers using frequency
synthesizers, see also Item IL 1531);

(c) Receivers for 'spread spectrum' and 'frequency agilc' systems having a total
transmitted bandwidth which is:

(1) 100 or more items greater than the bandwidth of any one information channel;

and

(2) In excess of 50 kHz;

(d) Receivers which incorporate digital signal processing, except receivers specially
designed for internationally allocated civil frequency bands only and which do not
permit user-accessible reprogrammability of the digital signal-processing circuits.

Technical Notes:

1. 'Spread spectrum' is defined as the technique whereby energy in a relatively
narrow-band communication channel is spread over a much wider energy spectrum
under the control of a random or pseudo-random bit stream. On receipt, the signal
is correlated with the same bit stream to achieve the reverse process of reducing
the bandwidth to its original form. By allocating different bit streams to different
subscribers transmitting simultaneously, significantly greater use can be made of
available bandwidth.

2. 'Frequency aglity' (or frequency hopping) is another form of 'spread spectrum'
in which the transmission frequency of a single communication channel is made to
change by discrete steps under the control of a similar bit stream.
(See also Item IL 1517 (c).)

Note:
This Item is not intended to cover signal analysers (see Item IL 1533) or field
strength meters (see Item IL 1529).

IL 1517 Radio transmitters, except radio relay communications equipment (for which see

Item IL 1520), as follows, and specially designed components therefor:

(a) Transmitters or transmitter-amplifiers designed to operate at output frequencies
greater than 960 MHz;





(b)Transmitters or transmitter-amplifiers designed to provide any of the following
features:

(1) Any system of pulse modulation (this does not includ amplitude, frequency or
phase-modulated televisions or telegraphic transmitters or pulse-width
modulated sound broadcasting transmitters);

(2)Rated for operation over a range of ambient tempratures extending from below 40'C to above + 60'C;
-40 oC to above =60oC;

(c)Transmitters for spread spectrum and frequency agile systems having a total
transmitted bandwidth which is:

(For the definition of 'spread spectrum' and 'frequency agility', see Technical
notes 1 and 2 to Item IL 1516.)

(1)100 or more times greater than the bandwidth of any one information
channel; and

(2) In excess of 50 kHz.

(For quartz crytals, see Item IL 1587;and for radio transmitters incorporating
transmitter drive units, exciters and master oscillators using frequency
synthesis, see also Item IL 1531.)

Note:
This item is not intended to cover the following transmitters or transmitter-amplifiers,
or systems containing such equipment, accessories and sub-assemblies therefor:

(a) Specially designed for medical applicatoins and operating at ISM frequencies;

(b) Having an output power of not more than 10 W, which are specially designed for:

(1) Industrial or civil intrusion detection and alarm;

(2)Industrial and traffic detection, counting, speed measurement, identification
and movement control;

(3)Carrying the information from the equipment above, or the information of
environmental, air or water, pollution detection or measurement systems.

(c) Transmitters using wideband amplifiers designed for non-frequency agile civil
applications, such as television and mobile service.

IL 1518 Telemetering and telecontrol equipment suitable for use with aircraft (piloted or
pilotless), space vehicles or weapons (guided or unguided), and test equipment specially
designed for such equipment.

Note:
This item is not intended to cover equipment specially designed to be used for remote
control of toys such as model planes and boats and having electric field strength of not
more than 200 microvolts per metre at a distance of 500 metres.

IL 1519 Single- and multi-channel communication transmission equipment, including terminal,
intermediate amplifier or repeater equipment and multiplex busses and multiplex
equipment used for communications within or between communication or other
equipment and systems by line, cable, optical fibre or radio means, and associated
moderns and multiplex equipment, as follows, and 'specially designed software' therefor:

(a) Employing analogue transmission techniques with analogue input and output,
designed to deliver, carry or receive baseband frequencies higher than 19 MHz
into, or in, a communications system, but only higher than 300 kHz for equipment
suitable for use with underwater cable;

Note:

Analogue transmission techniques include, inter alia, frequency division
multiplex (FDM).

(b) Employing digital transmission techniques designed for operation at a total bit
rate
at the highest level multiplex point exceeding 8.5 Megabits per second, with
analogue input and output, designed for use on communications circuits;

Notes:

1. Nothing in the above shall be construed as sanctioning the export of
technology for equipment employing digital transmission techniques designed
for operation at a total bit rate at the highest level multiplex point exceeding
2.1 Megabits per second, except technology for installation, operation or
maintenance.





2. Digital transmission techniques include, inter alia, pulse code modulation
(PCM).

(c) Data communication equipment employing digital transmission with digital input
and output, including telegraphic and data transmission, having any of the
following characteristics:

(1) Designed for operation at a 'data signalling rate' in bits per second, excluding
servicing and administrative channels, numerically exceeding either:

(i) When using FDM voice channel:
(a) 9 600; or
(b) 320 per cent of the channel (or sub-channel) 'bandwidth' in hertz; or

(ii) When using baseband: 19 200;

(2) Employing an automatic error detection and correction system having both
of

the following characteristics:

(i) Retransmission is not required for correction; and

(ii) A 'data signalling rate' exceeding 300 bits per second;

(3) Statistical multiplexers designed for operation at a 'data signalling rate' in
bits per second, excluding servicing and administrative channels,
numerically exceeding either:

(i) 4 800; or

(ii) 160 per cent of the channel (or sub-channel) 'bandwith' in hertz;

Notes:

1 .This sub-item is not intended to cover frequency division multiplexers
used to subdivide a voice channel or data channels not exceeding the
limits of (1) above.

2. For statistical multiplexers which satisfy the definitions of either
'data (message) switching' or 'stored-programme controlled circuit
switching', as well as for the definitions of these terms, see Item IL
1567.

(d) Components and accessories specially designed for the above equipment, and test
equipment specially designed for the equipment covered by (b) above. (See Item IL
1526 for connectors including wave-length multiplexers.)

Technical Notes:

1 .'Data signalling rate' is as defined in ITU Recommendation 53-36, taking
into account that for non-binary modulation, 'bauds' and 'bits per second'
are not equal Bits for coding, checking and synchronization functions are to
be included.

2.In the case of data communication equipment designed to operate in one
voice channel, 'bandwidth' will normally be as defined in CCITT
Recommendation G. 151, namely, 3 100 Hz. In the case of CCI1T or CCIR
voice frequency telegraph systems, 'bandwidth' may be considered as the
number of channels times the channel spacing.

Notes:

1. Not used.

2. This item is not intended to cover:

(a)Telemetering, telecommand and telesignalling equipment designed for industrial
purposes, together with data transmission equipment not intended for the
transmission of written or printed text and specially designed components,
accessories and test equipment therefor. By telemetering, telecommand and
telesignalling equipment is meant sensing heads for the conversion of information
into electrical information, the systems used for its long-distance transmission, the processes
used to translate electrical information into coded data (telemetering), into
control signals (telecommand), and into display signals (telesignalling);

(b) Facsimile equipment other than that embargoed under Item IL 1527;

(c) Equipment employing exclusively the direct current transmission technique;

(d)Electronic measuring equipment suitable for use with PCM transmission
equipment defined in CCITT Recommendation series G. 700 to 746 (ITU
Geneva) for PCM up to 8.5 Megabits per second.





3. Not used.

4. Not used.

5. Not used.

6. Not used.

IL 1520 Radio relay communication equipment, specially designed test equipment and
'software' as follows, and specially designed components and accessories therefor-

(a) Radio relay communication equipment designed for use at frequencies exceeding
960 MHz, except:
(i) Microwave radio links for fixed civil installations operating at fixed
frequencies
not exceeding 19.7 GHz, employing analogue transmission with a capacity of
up to 2 700 voice channels of 4 kHz each or of a television channel of 6 MHz
maximum nominal bandwidth and associated sound channels;

(ii) Microwave radio links for fixed civil installations operating at fixed
frequencies not exceeding 19.7 GHz, employing digital transmission
techniques designed for operation at a total bit rate not exceeding 8.5 Mbit
per second;

(iii) Ground cornmunication radio equipment for use with temporarily fixed
services operated by the civilian authorities of the importing country and
designed to be used at fixed frequencies not exceeding 15 GHz with a power
output of not more than 5W;

(iv) TV-receive-only (TVRO) stations for satellite reception specially designed for
use at fixed frequencies meeting ITU standards in civil television or sound
radio systems in the following frequency ranges:

(1) S-band: 2.5-2.69 GHz

(2) C-ban 3.4-4.2 GHz
4.5-4.8 GHz

(3) kU and kA-band: 10.7-12.75 GHz.

Note:
Nothing in the above shall be construed as permitting the export of technology for
equipment employing quadrature-amplitude-modulation (QAM) techniques, except
technology for installation, operation or maintenance.

(b) Stand-alone radio transmission media simulators/channel estimators and
'specially designed software' therefor, specially designed for testing equipment
covered by (a) above, except those in which adjustments are only made manually.

IL 1521 Solid-state amplifiers having any of the following characteristics, and specially
designed components and accessories therefor-

(a) Exceeding a maximum output power of 2 kW at operating frequencies between
10 and 35 MHz inclusive;

(b) Exceeding a maximum output power of 50 W at operating frequencies between
35 and 400 MHz; or

(c) A product of the maximum output power times the maximum operating
frequency of more than 2 x 10 10 W.Hz at operating frequencies above 400 MHz.

Notes:

1. This Item does not embargo solid state amplifiers:

(a) Specially designed for community television distribution systems; or

(b) having a 'bandwidth' of 10 MHz or less.


2. For amplifiers designed to operate at frequencies above 1 GHz, see Item IL 1537.

3.For amplifiers specially designed for and intended to work with oscilloscopes, see
Item IL 1584.

4. For amplifiers specially designed for transmitters, see Item IL 1517.

Technical Note:
'Bandwidth' is defined as the range of frequencies over which the power amplification
does not drop to less than one half of its maximum value.





IL 1522 'Lasers' and 'equipment containing lasers', as follows-

(a)'Lasers' and specially designed components, therefor, including amplification
stage, except the following when not specially designed for equipment covered by
(b) below:

(i)Argon, krypton and non-'tunable' dye 'lasers' having one of the following
sets of characteristics:

(1)All output wavelength in the range from O.2 to 0.8 micrometre, a
pulsed output energy not exceeding 0.5 joule per pulse and an average
or continuous-wave maximum rated single- or multi-mode output
power not exceeding 20 W; or

(2)An output wavelength between 0.8 and 1.0 micrometre, a pulsed output
energy not exceeding 0.25 joule per pulse and an average or
continuous-wave maximum rated single- or multi-mode output power not
exceeding 10 watts;

(ii) Helium-cadmium, nitrogen and multigas 'lasers' not otherwise specified in
this item with both of the following characteristics:

(1) An output wavelength shorter than 0.8 micrometre;

(2)a pulsed output not exceeding 0.5 joule per pulse and an average or
continuous-wave maximum rated single- or multi-mode output power not
exceeding 120 watts;

(iii) Helium-neon 'lasers' with an output wavelength shorter than 0.8 micrometre;

(iv) Ruby- 'lasers' with both of the following characteristics:

(1) An output wavelength shorter than 0.8 micrometre;

(2) An energy output not exceeding 20 joules per pulse;

(V) C02, CO or CO/C02 'lasers' having either of the following characteristics:

(1)An output wavelength in the range of 9 to 11 micrometres and a pulsed
output energy not exceeding 2 joules per pulse and a maximum rated
average single- or multi-mode output power not exceeding 1.2 kW or a
continuous-wave maximum rated single- or multi-mode output power
not exceeding 5.0 kW; or

(2)An output wavelength in the range of 5 to 7 micrometres and having a
continuous-wave maximum rated single- or multi-mode output power
not exceeding 50 watts;

(vi) Nd:YAG 'lasers' having an output wavelength of 1.064 micrometres with
either of the following characteristics:

(1)A pulsed output not exceeding 0.5 joule per pulse and maximum rated
average single- or multi-mode output power not exceeding 10 watts or a
continuous-wave maximum rated single- or multi-mode output power
not exceeding 50 watts;

(2) A pulsed output not exceeding 10 joules per pulse with a pulse width
not less than 50 microseconds and a maximum rated average single- or
multi-mode output power not exceeding 50 watts;

(vii) Nd:Glass 'lasers' with both of the following characteristics:

(1) An output wavelength in the range of 1.05 to 1.06 micrometres; and

(2) A pulsed output not exceeding 2 joules per pulse;

(viii) 'Tunable' CW dye 'lasers', with both of the following characteristics:

(1) An output wavelength shorter than 0.8 micrometre; and

(2) An output not exceeding an average or continuous-wave maximum rated
single- or multi-mode output power of 1 W;

(ix) 'Tunable' pulsed 'lasers' (for argon and krypton 'lasers', see (a)(i) above),
includin dye, having all of the following characteristics:

(1) An output wavelength between 0.15 and 0.8 micrometre;
(2) A pulse duration not exceeding 100 nanoseconds;
(3) a pulsed output energy not exceeding 0.5 joule per pulse; and
(4) An average power not exceeding 10 watts;





(x)Single-element semiconductor 'lasers' with a wavelength shorter than 1
micrometre designed for, and used in, equipment as defined in (b)(xiii)(xiv),
(xix) or (xx) below;

(b)'Equipment containing lasers', and specially designed components therefor,
except the equipment listed below which contains 'lasers' excluded from embargo
by sub-item (a):

(i)Specially designed for industrial and civilian, intrusion detection and alarm
systems;

(ii)Specially designed for medical applications;

(iii) Equipment for educational and laboratory purposes;

N.B.

The educational equipment referred to in this sub-item is defined as devices
designed for use in teaching basic scientific principles and demonstrating the
operation of those principles in educational institutions.

(iv)Specially designed for traffic and industrial movement control and counting
systems;

(v) Specially designed for detection of environmental pollution;

(vi) Optical spectrometers and densitometers;

(vii)Equipment containing continuous-wave helium-neon gas 'lasers' (but see sub-
item (c) below);

(viii) Textile-cutting and textile-bonding equipment;

(ix) Paper cutting equipment;

(x)Equipment containing 'lasers' for drilling diamond dies for the wire drawing
industry;

(xi) Electronic scanning equipment with auxilary electronic screening unit
specially designed for printing processes, including such equipment when used
for the production of colour separations;

(xii) Laser-radar (lidar) equipment specially designed for surveying or meteoro-
logical observation;

(xiii) Consumer-type reproducers for video or audio discs, employing non-erasable
media;

(xiv) Price scanners (point of sale);

(xv) Equipment designed for surveying purposes, provided there is no capability of
measuring range;

(xvi) Equipment specially designed for the marking of components;

(xvii) Specially designed gravure (printing plate) manufacturing equipment;

(xviii) Equipment specially designed for visual entertainment purposes ('laser' light
shows) provided it has no holographic capability;

(xix) Electronic printers, including those capable of being used with 'digital
computers', not exceeding 2 000 lines (30 pages) per minute or 300
characters per second;

(xx) Electronic copiers, including those capable of being used with 'digital
computers', not exceeding 30 pages per minute and which do not include
any of the following:

(1) Optical character recognition (OCR) equipment which is not released by
Item IL 1565 (h)(2)(iv)(k);

(2) Digitising equipment which is not released by item IL 1565 (h) (2)
(iv)(h);
(3) 'Image enhancement' capability; or

(c) Measuring systems which have both of the following characteristics:

(i) Contain a 'laser'; and

(ii) Maintain for at least 48 hours, over a temperature range of + 1OK around a
standard temperature and at a standard pressure:





(1) A resolution over thier full scale of +0. 1 micrometre or better; and

(2) An accuracy of + 1 part per million or better;

Technical Note:

Standard temperatures and standard pressures as indicated in IEC Publication
160.

(d)Particle measuring systems employing helium-neon 'lasers', designed for
measuring particle size and concentration in gases, which have both of the
following characteristics:

(i) Capable of measuring particle sizes of 0. 3 micrometre or less; and

(ii) Capable of characterising Class 10 clean air or better.

Technical Notes:

1.'Tunable' refers to the ability of a 'laser' to produce an output at any
wavelength within its tuning range. A line-selectable 'laser' which can operate
only on discrete wavelengths is not considered tunable.

2.The term 'specially designed components' is intended, among other things, to
include active and passive components in semi-fabricated forms as well as in
fabricated forms.

3.A 'laser' is an assembly of components to produce a coherent light which is
amplified by stimulated emission of radiation.

4.'Equipment containing lasers' uses coherent light in the equipment for a certain
application.

Notes:

1 .Nothing in the following shall be construed as permitting the export of
technology for the following specially designed components for 'lasers', except
for the minimum technology for their use (i.e. installation, operation and
maintenance):
Sub-item (a) does not embargo uncooled, unsegmented mirros with glass or
dielectric substrates for use as end reflectors for laser resonators. (For
segmented mirrors, see Item IL 1556.)

2.This item is intended to cover semiconductor 'lasers' but not non-coherent light-
emitting diodes and assemblies or integrated circuits containing such
lightemitting diodes. (see Item IL 1544 and 1564).

3. For 'laser' feedback systems and 'laser' interferometers, see also Item IL 1093
(c).

4. Not used.

5. Not used.

6. Not used.

7. Not used.

8. Not used.

IL 1526 Cable and optical fibres, and components and accessories, as follows-

(a) Underwater communication cable, as follows:







(1)Reversed-twist, double-armoured cable used for towing or suspending and
communicating with submerged devices;

(2)Unarmoured or single-armoured ocean cable having an attenuation of 1.62
dBlkm (3.0 dll per nautical mile) or less, measured at a frequency of 600 kHz;

(b)Coaxial cable with an inner diameter of the outer conductor of the core greater
than 14 min (0.551 inch), having:

(1)An air dielectric in which the spacing is accomplished by discs, beads, spiral,
screw or any other means;

(2) A foam dielectric and a solid copper or aluminium outer conductor;

Note:
Technology for the manufacture of foam dielectrics used in cables remains
free
from embargo.





(c) Opitcal-fibre communication cable or optical fibres therefor, having any of the
following characteristics:

(1) An attenuation at any operating wavelength of 3.0 dB km or less;

(2) Optical fibres capable of withstanding a 'proof test' tensile stress of
1. 1 x 10 9 N/m2,

Technical Note:

'Proof test' consists of on-line or off-line production screen testing that
dynamically applies a prescribed tensile stress over a 0.5 to 3 m length of fibre
at a running rate of 2 to 5 m/sec while passing between capstans approximately
15 cm in diameter. The ambient temperature is a nominal 20oC and
relative humidity a nominal 40 per cent.

(3) Specially designed for underwater use-


(4) Specially designed to be insensitive to nuclear radiation;

(d) Optical fibres for sensing purposes, having any of the following characteristics:

(1) Specially fabricated either compositionally or structurally, or modified by
coating to be acoustically,inertially, electromagnetically or nuclear
radiation sensitive;
(2) Modified structurally or by coating to have either very low ('beat length'
greater than 50 cm) or very high ('beat length' less than 5 cm) birefringence;

Technical Note:

'Beat length' is defined as the distance over which two orthogonally
polarized signals, initially in phase, must pass in order to achieve 2
radian(s) phase difference.

(e)Secure communication cable, being either coaxial or multi-conductor
communication cable protected by mechanical or electrical means from physical
damage or intrusion in such a manner that communications security is maintained
between terminals without the necessity for encryption;

(f) Components and accessories specially designed for the above optical fibres or cable,
including fibre-optic bulkhead or hull penetration connectors impervious to leakage
at any death for use in ships or vessels, and multiport fibre-optic couplers
(including but not limited to T, star, bi-directional and wavelength division
multiplexing and demultiplexing couplers), except connectors for use with
optical fibres or cable ith a repeatable coupling loss of 0.5 dB or more.

(See also item ML 9(g) on the Munitions List.)

Notes:

1.Sub-item (e) above does not embargo cable that is 'armoured' by only either a
tough outer sheath or by an electromagnetic screen.

2.Associated equipment for sub-items (a), (b), (c) and (d), and specially designed
components therefor, are considered under Item IL 1519.

3. For miliary type cable (shear-resistant, etc) see Item ML 11 on the Munitions
List.

4. Not used.

5. Not used.

IL 1527 Cryptographic equipment and specially designed components therefor, designed to

ensure secrecy of communications (such as telegraphy, telephony, facsimile, video,
and data communications) or of stored information; and 'software' controlling or
computers performing the functions of such cryptographic equipment.

Notes:

1. This Item also covers video systems which, for secrecy purposes, use digital
techniques (conversion of an analogue, i.e. video or facsimile, signal into a digital
signal).

2.This Item is not intended to cover simple cryptographic devices or equipment
only ensuring the privacy of communications, as follows:

(a)Equipment for voice transmission making use of fixed frequency inversions
or fixed band scrambling techniques in which the transposition changes occur
not more frequently than once every 10 seconds;





(b)Standard civil facsimile and video equipment designed to ensure the privacy
of communications by an analogue transmission using non-standard practices
for intended receivers only (video system equipment effecting the
transposition of analogue data);

(e) Video systems for pay television and similar restricted audience television,
including industrial and commercial television equipment using other than
standard commercial sweep systems;

3. 'Digital computers' and digital differential analysers (incremental computers)
designed or modified for, or combined with, any cypher machines, cryptographic
equipment, devices or techniques including 'software', 'microprogramme'
control ('firmware') or specialized logic control (hardware), associated equipment
therefor, and equipment or systems incorporting such computers or analysers are
covered by this Item or Munitions List Item ML 11.

IL 1529 Electronic equipment for testing, measuring (e.g. time interval measurement),
calibrating or counting, or for microprocessor/ microcomputer development, as follows,
and specially designed 'software' therefor-

(a) Equipment, as follows:
(1) Designed as reference frequency standards for laboratory use and having
either of the following characteristics-

(i) A long-term drift (ageing) over 24 hours or more of 1 part in 1010 or
better; or
(ii) A short-term drift (stability) over a period from 1 to 100 seconds of 1 part
in 10 12 or better;

(2) Designed for fixed ground or mobile use and containing frequency standard(s)
having either of the following characteristics-

(i) A long-term drift (ageing) over 24 hours or more of 1 part in 10 10 or
better, or

(ii) A short-term drift (stability) over a period from 1 to 100 seconds of 1
part in 1 012 or better;

(b) Instruments, as follows (see also Note 1 below):

(1) Instruments designed for use at frequencies exceeding 18 GHz;

(2) 'Comb frequency generators' designed and rated for use at frequencies
exceeding 12.5 GHz;

(3) Instruments designed for use at frequencies exceeding 1 GHz, as follows:

(i)'Swept frequency network analyzers' for the automatic measurement of
complex equivalent circuit parameters over a range of frequencies;

(ii) Special calibrated microwave instrumentation receivers capable of measuring
amplitude and phase simultaneously;

(iii) Automatic 'frequency (heterodyne) converters' and 'transfer
oscillators';
(iv) Instruments in which the functions can be controlled by the injection of
digitally-coded electrical signals from an external source;

(4) Instruments having both of the following characteristics:
(i) 'User-accessible programmability'; and

(ii) A User-alterable 'programme' and data storage of more than 65 536 bit;

Notes:

1. This sub-item does not embargo instruments, the 'user-accessible pro-
grammability' of which is provided by, or with the legal agreement of, the
original 'manufacturer' and limited to---


(a) The replacement of fixed storage devices (e.g. ROMs) which do not change
the embargo status of the instrument; or
(b) The selection of pre-programmed functions from a menu.

2. For the purposes of this Item, the 'manufacturer' is the individual or
organisation designing the instrument for the intended application (in
contrast to an individual or organisation merely programming an instrument
at, or in accordance with, a user's request).





N.B.

The instrument concerned must be designed to ensure that any
'software' (ROM replacement) would not enable the instrument to be
enhanced to a level where it would become embargoed.

(5) Test instruments with 'user-accessible programmability' and having any of
the following characteristics:

(i)Specially designed to examine or compare one or more binary coded streams
of electrical signals;

(ii) A maximum sampling rate of more than 100 Hz;

(iii) A maximum of more than 32 channels excluding a maximum of 6
qualifier channels;

(iv) A 'figure of merit' of more than 400;

(v) A capability of state coupled timing analysis (i.e. synchronized mode
state/timing analysis);

(vi) A total acquisition memory for word storage exceeding 32 768 bit with
an acquisition memory for bit storage per channel exceeding 1024 bit;
or

(vii) A total acquisition memory for word storage exceeding 16 384 bit with
an acquisition mernory for bit storge per channel exceeding 2 048
bit;

Technical Note:

The above 'figure of merit' is defined as the product of the maximum sampling rate
(in MHz) and the number of input channels (excluding qualifier channels).

Notes:

1 . This sub-item includes instruments such as:

(a) Digital circuit tester ;

(b) Logic state analysers, logic timing analysers and logic state and logic timing
analysers;

(c) Bus analysers;

(d) Serial data analysers; or

(e) Digital word generators.

2. This sub-item does not embargo:

(a) Logaic probes, logic pulsers, digital current tracers (current 'sniffers'),
signature analysers and other digital circuit testers for observing single
events or providing stimuli at single test points;

(b) Logic clips and logic comparators;

(c)Digital word generators capable of operating at a maximum clock rate of
2 MHz or less with word lengths of 8 bit or less.

(6)Microprocessor or microcomputer development instruments or systems,
capable of developing 'software' for, or capable of, programming microcircuits
embargoed by Item IL 1564;

Notes:

1 . This sub-item does not embargo microprocessor or microcomputer development
instruments or systems which can be used to develop 'software' for, or
to programme, a 'family' of microprocessor microcomputer microcircuits
not designed or produced within a proscribed area, provided:

(a)The instruments or systems can be used only for microprocessor or
microcomputer microcircuits having an operand (data) word length of
less than or equal to 8 bit and not having an arithmetic logic unit (ALU)
wider than 8 bit; and

(b) The 'family' contains at least one microprocessor or microcomputer
microcircuit which is not embargoed by Item IL 1564.

N.B.
For the purpose of this sub-item, a 'family' consists of microprocessor or
microcomputer microcircuits which have:

(a) The same architecture;

(b) The same basic instruction set; and

(c) The same basic technology (e.g. only NMOS or only CMOS).






2. This sub-item includes accessories specially designed for microprocessor or
microcomputer instruments or systems such as:
(a) 'Cross-hosted' assemblers, 'cross-hosted' compilers;
(b) Adapter interfaces for prototypes or emulation probes;
(c) Debuggers;
(d) Programmable read-only memory (PROM) programmers;
(e) Programmable read-only memory (PROM) copiers;
(f)So-called 'personality' modules which contain more than one of the
accessories enumerated under (a) to (e).

3. 'Cross-hosted' compliers or 'cross-hosted' assemblers, needed for use with a
particular microprocessor or microcomputer development instrument or
system not embargoed by this sub-item must contain only the minimum
'software' in machine executable form to perform the functions for which
they were designed. To make other incompatible instruments or systems
perform the same functions must require:

(a) Modification of this 'software';

(b) Addition of 'programmes'.

4.For 'cross-hosted' compilers or 'cross-hosted' assemblers, which are not
specially designed for use with microprocessor or microcomputer
development instruments or systems described in this sub-item, see Item IL
1566.

(c) Digital counters, as follows:

(1)Capable of counting successive input signals with less than 5 nanoseconds time
difference without prescaling (digital division) of the input signal (for counter/
timers having a time interval measurement mode, see also (d) below);

(2)Employing prescaling of the input signal, in which the prescaler is capable of
resolving successive input signals with less than 1 nanosecond time
difference;

(3)Capable of measuring burst frequencies exceeding 100 MHz for a burst duration
of less than 5 milliseconds;

(d)Time interval measuring equipment employing digital techniques, capable of
measuring time intervals of less than 5 nanoseconds on a single shot basis;

(e)Testing equipment rated to maintain specified operating data when operating over
a range of ambient temperatures from below - 25'C to above + 55'C;

(f) Digital voltage measuring apparatus, with or without electrical outputs,
irrespective of the physical units in which calibrated, with a reading speed (from
zero to the measured value) faster than 25 accesses per second and having any of
the following characteristics:

(1) A digital resolution at all points on the scale greater than one part in 200 000;

(2) An accuracy, measured without reference to an external standard, better than
1 part in 150 000 (0.002%) of reading over an ambient temperature range of
+5'C or more, or a stability better than 10-6 of reading over a period of
24 hours or more;

(3) Capable of more than 500 independent measurements per second.

Notes.

1 . Reading speed is assumed not to include changes in range or polarity.

2. This sub-item does not embargo-

(a) Visual quartization apparatus capable of providing an average value,
displayed or not, ofthe results of the measurement;

(b) Multichannel analyzers of all types used in nuclear experimentation;

(c)Industrial te1emeasuring devices in which a pre-set storage value is
used as a basic tor measuring.

(g)Transient recorders, utilizing analogue-to-digital conversion techniques, capable
of storing transients by sequentially sampling single input signals at successive
intervals of less than 50 nanoseconds.





Technical Notes:

1 .'Comb frequency generators' (sub-item (b)(2)) are generally understood to be
devices which generate a spectrum of harmonies.

2.'Swept-frequency network analyzers' as understood in sub-item (b)(3)(i) above
involve the automatic measurement of equivalent circuit parameters over a range
of frequencies. This involves swept-frequency measurement techniques but not
CW point-to-point measurements.

3. 'Amplitude and phase receivers' (sub-item (b)(3)(ii)) are instruments capable of
measuring the amplitude of a microwave signal or the amplitude of two microwave
signals and the relative phase between them. The principal application of these
instruments is the measurement of near and far zone phase and amplitude antenna
patterns. They can also be used for measurement of microwave device and
components characteristics. In general, they are more sophisticated and sensitive
(better than - 100 dBm) than phase and impedance measuring instruments such as
RF vector impedance meters and vector voltmeters. They also feature wide
dynamic range (80 dB) and very good linearity(approximately +0.25 dB).

4. 'Frequency (heterodyne) converters' (sub-item (b)(3)(iii)) down convert an
unknown frequency by mixing with an accurately known frequency. The
accurately known frequency is developed by multiplication of a crystal-derived reference
which is passed through a harmonic generator. By mixing the appropriate
harmonic and the unknown frequencies, an accurate third frequency results.

5. 'Transfer oscillators' (sub-item (b)(3)(iii)) are based also on the property of
harmonic mixing. Differences exist in that a local oscillator is utilized whereas a
crystal-derived reference frequency is utilized in the case described in Note 4 above.
The unknown frequency is mixed with the local oscillator (LO) and the two are
phase-locked by turning LO. The LO can then be measured by a counter.

6. 'User-accessibe programmability' as used in sub-items (b)(4) and (b)(5) above
is meant defined as the facility allowing a user to insert, modify or replace
'programmes' by means other than:

(a) A physical change in wiring or interconnections; or

(b) The setting of function controls including entry of parameters.

7. 'Burst frequency measurement' counters (sub-item (c)(3)) contain special gating
circuits which start only when the input signal is present and stop counting at the
completion of the burst.

Note:
For signal analyzers, see Item IL 1533;
For microwave equipment, see also Item IL 1537;
For analogue-to-digital converters, other than digital voltage measuring instruments,
see Item IL 1568;
For frequency synthesizers, see Item IL 1531.
See also Item 1355, 1485(j) and Item ML 18 on the Munitions List.

IL 1531 'Frequency synthesizers' (and equipment containing such 'Trequency synthesizers')
as follows:

(a) 'Frequency synthesizers' containing frequency standards embargoed by Item
IL1529(a)(1) or temperature-compensated crystal oscillators covered by
Item IL1587(c);

(b) Instrument 'frequency synthesizers' and synthesized signal generators, and
specially designed components and accessories therefor, designed for ground use, producing
output frequencies whose accuracy and short- and long-term stability are controlled
by, derived from, or disciplined by the input frequency or internal master
standard frequency, and having any of the following characteristics:

(1) A maximum synthesized output frequency of more than 550 MHz;

(2) Any of the following noise characteristics:

(i) A single sideband (SSB) phase noise better than - 120 dBc/HZ when
measured at a 20 kHz offset from the carrier frequency;

(ii) A single sideband (SSB) phase noise better than -106 dBc/Hz when
measured at a 100 Hz offset from the carrier frequency;





(iii) An integrated phase noise better than -60 dBc/Hz referred to a 30 kHz
band centred on the carrier and excluding the 1 Hz band centred on this
carrier; or

(iv) An integrated AM phase noise better than -70 dBc/Hz referred to a
30 kHz band centred on the carrier and excluding the 1 Hz band centred
on this carrier;

Note:

Synthesized signal generators which are embargoed only by (b)(1) or (b)(2)(i) above
may be exported up to a maximum synthesizd output frequency of 1400 MHz or
down to a single sideband phase noise of -136dBc/Hz when measured at an offset
of 20 kHz from a carrier frequency of 100 MHz, provided the technology supplied
is only the minimum necessary for use (i.e. installation,
operation and maintenance) of such generators.


(3)Electrically programmable in frequency (in that the output frequency can be
controlled or selected by the injection of digitally coded electrical signals
from an external control source) with a 'frequency switching time' of less
than 10 milliseconds;

(4)Electrically programmable in phase (in that the phase of the output
frequency can be varied relative to the internal or external reference
standard, or selected in accordance with an externally supplied code or signal
with a switching speed from one selected phase value to another of less than
10 milliseconds) except those equipments incorporating pre-emphasis
networks for frequency modulation;

(5)Having a level of spurious components in the output, measured relative to
the selected output frequency better than:

(i) - 60 dB harmonic, or

(ii) -92 dB non-harmonic;

(6)Having more than three different selected synthesized output frequencies
available simultaneously from one or more outputs;

(7) With facilities for pulse modulation of the output frequency;

(c)Airborne communication equipment using 'frequency synthesizers', as follows,
and specially designed components and accessories therefor:

(1) Designed to receive or transmit frequencies greater than 156 MHz;

(2)Incorporating facilities for the rapid selection of more than 200 channels
per equipment, except those equipments operating in the frequency range of
108 to 136 MHz incorporating facilities for the rapid selection of 720
channels or fewer at, not less than 25 kHz channel spacing, which have
been in normal civil use for at least one year;

(3) With a 'frequency switching time' of less than 10 milliseconds;

(4)'Frequency synthesizers', designed for the above equipment, whether
supplied separately or with the said equipment, exceeding the parameters
specified in (b) above:

Note:
See also Item IL 1501(a).

(d)Digitally-controlled radio receivers, whether or not computer-controlled which
search or scan automatically a part of the electromagnetic spectrum, using
'frequency synthesizers', as follows, and specially designed components and
accessories therefor:

(1) Digitally-controlled receivers in which the switching operation takes less than
10 milliseconds, except non-ruggedized digitally-controlled preset type
radio receivers designed for use in civil communications, which have 200
selective channels or fewer,

(2)'Frequency synthesizers' designed for the above equipment, whether
supplied separately or with the said equipment, exceeding the parameters
specified in (b) above, except those specially designed for receivers freed
from embargo under (d)(1) above;





Notes:

1.This sub-item does not embargo 'frequency synthethisers' specially
designed for use in tuners for entertainment type receivers;

2. See also Item IL 1516.

(e)Radio transmitters incorporating transmitter drive units, exciters and master
oscillators using frequency synthesis, as follows, and specially designed
components and accessories therefor:

(1) Having an output frequency of up to 32 MHz with a frequency resolution
of better than 10 Hz and with a 'frequency switching time' of less than
10 milliseconds,

(2)Having an output frequency from 32 MHz to 235 MHz with a frequency
resolution of better than 250 Hz and with a 'frequency switching time' of
less than 10 milliseconds;

(3) Having an output frequency of more than 235 MHz, except:

(i) Television broadcasting transmitters having an output frequency from
470 MHz to 960 MHz with a frequency resolution of not better than
1 kHz and where the manually-operated 'frequency synthesizer'
incorporated in or driving the transmitter has an output frequency not
greater than 120 MHz;

(ii) FM and AM ground communication equipment for use in the land
mobile service and operating in the 420 to 470 MHz band, with a power
output of 50 W or less for mobile units and 300 W or less for fixed units,
with a frequency resolution of not better than 6.25 kHz and with a
'frequency switching time' of more than 50 milliseconds;

(iii) Portable (personal) or mobile radiotelephones for civil use, e.g. for use
with commercial civil cellular radiocommunications systems having all
of the following aracteristics:

(a) Operatin in the 420 to 960 MHz range;

(b) A power output of 10 W or less; and

(c) A 'frequency switching time' of 10 ms or more,

Note:
For stored programme controlled communications switching equipment
used with cellular radio base stations, see Item IL 1567.

(4)Having more than three diffierent selected synthesized output frequencies
available simultaneoulsy from one or more outputs;

(5)With facilities for pulse modulation of the output frequency of the transmitter
or the incorporated 'frequency synthesizer';

(6) 'Frequency synthesizers' designed for the above equipment, whether supplied
separately or with the said equipment, exceeding the parameters specified
in (b) above;

Note:
See also Item IL 1517.

Technical Note:


1. 'Frequency synthesizer' means any kind of frequency source or signal generator,
regardless of the actual technique used, providing a multiplicity of simultaneous
or alternative output frequencies, from one or more outputs, controlled by,
derived from or disciplined by a lesser number of standard (or master)
frequencies.

2. 'Frequency switching time' means the maximum time (i.e. delay), when
switched from one selected output frequency to another selected output
frequency, to reach:

(a) A frequency within 100 Hz of the final frequency; or

(b) An output level within 1.0 dB of the final output level.

Note:

This Item does not embargo equipment in which the output frequency is produced by
the addition or subtraction of two or more crystal oscillator frequencies which may
be followed by multiplication of the result.





IL 1532 Precision linear angular measuring systems, as follows and specially designed
components and 'specially designed software' therefor---
(a) Contact-type systems or linear voltage differential transformers (LVDT) therefor,
as follows-

(1) Contact type measuring systems having all of the following
characteristics:
(i) Range equal to or less than 5 min;
(ii) 'Linearity' equal to or better than + 0. 1 per cent; and;
(iii) Drift equal to or less than 0. 1 per cent per day at a standard ambient test
room temperature + 1 K;
(2) Linear voltage differential transformers with no compensation networks and
having either of the following characteristics

(i) Range equal to or less than 5 mm; or

(ii) 'Linearity' equal to or better than +0.2 per cent;

Note:
'Linearity' limits apply to measurements made in the static mode.

(b) Linear measuring machines having all of the following characteristics:
(1) Two or more axes;
(2) Range in any axis greater than 200 mm;

(3) 'Accuracy' (including any compensation) better than +0.0008 mm per any
300 mm segment of travel;

Note:
This sub-item does not embargo optical comparators.

(c) Angular measuring systems having an 'accuracy' equal to or better than
+ 1 second of arc;
Note:
This sub-item does not embargo optical instruments, such as autocollimators,
using collimated light to detect angular displacements of a mirror.

(d)Non-contact type measuring systems having, at a standard ambient test room
temperature + 1 K, either of the following pairs of characteristics:

(1) Effective probe measurement diameter less than 0.5 mm and drift less than
0.5 per cent per day; or

(2) 'Linearity ' better than + 0.3 per cent and drift less than 0. 5 per cent per
day;

(e)Contact type measuring systems specially designed for combined, simultaneous
linear-angular inspection of hemishells, having both the following characteristics:

(1) Linear 'accuracy' equal to or better than + 0.005 mm in any 5 min; and

(2) angular 'accuracy' equal to or better than + 1 minute in any 90' of arc.

Technical Notes:
1. 'Accuracy' is usually measured in terms of inaccuracy. It is defined as the
maximum deviation, positive or negative, of an indicated value from an accepted
standard or true value.

2.'Linearity' is usually measured in terms of non-linearity. It is defined as the
maximum deviation of the actual characteristics (average of upscale and downscale
readings), positive or negative, from a straight line so positioned as to equalise and
minimize the maximum deviations.

IL 1533 Signal analyzers (including spectrum analyzers), with any of the following
characteristics, and specially designed components, accessories and 'specially designed
software' therefor--

(a) Non-programmable and capable of operating at frequencies over 12.5 GHz;
(b) Programmable and capable of operating at frequencies over 1 GHz;
(c) Having a display bandwidth in excess of 125 MHz;
(d) Incorporating:

(i) 'User-accessible programmability'; and

(ii) A user-alterable 'programme' and data storage of more than 8 192 bit;





Notes:

1.This sub-item does not embargo instruments, the 'user-accessible
programmability' of which is provided by the original 'manufacturer' and
limited to:

(a)The replacement of fixed storage devices (e.g. ROMs) which do not
change the embargo status of the instrument; or

(b) The selection of pre-programmed functions from a menu.

2.For the purposes of this Item, the 'manufacturer' is the individual or
organization designing the instrument for the intended application (in contrast
to an individual or organization merely prograrmming an instrument, or in
accordance with, a user's request).

(e) Including a scanning preselector for analyzing frequencies of more than 1 GHz;

(f) Incorporating a tracking signal generator for analyzing frequencies of more than
1 GHz;

(g) Having an overall display dynamic range of better than 80 dB;

(h) Employing time compression of the input signal;

(i) Employing Fast Fourier Transform techniques.

Technical Note:

Signal analyzers are instruments capable of measuring the basic properties of a signal
in the time or frequency domain.

Notes:

1 . This Item is not intended to embargo optical spectrum analyzers.

2. Fast Fourier Transforms are described in e.g.'Gauss and the History of the Fast
Fourier Transform' by M T Heideman, D H Johnson and C S Burrus in IEEE
ASSP Mag. 1, No. 4 (October), 12-21, 1984.

3.This Item does not embargo instruments embargoed only by sub-item (), provided
that the instrument is not capable of operating at frequencies over 2 GHz.

4.If the signal analyzer is an oscilloscope plug-in, see Item IL 1584 for associated
mainframe.

(For logic and network analyzers and trnasient recorders, see Item IL 1529).

IL 1534 Flatbed microdensitometers,(excep cathode-ray types), having any of the following
characteristics, and specially designed components therefor

(a) A recording or scanning rate exceeding 5 000 data points per second;

(b)A figure of merit better (less) than 0.1, defined as the product of the density
resolution (expressed in density units) and the spatial resolution (expressed in
micrometres);

(c) An optical density range greater than 0 to 4.

Technical Note:
Density resolution (expressed in density units) is measured over the optical density
range of the instrument.

IL 1537 Microwave (including millimetric-wave) equipment, including parametric amplifiers, as
follows, capable of operating at frequencies over 1 GHz (other than microwave
equipment embargoed by Items IL 1501, 1517, 1520 and 1529)-

(a) Rigid and flexible waveguides designed for use at frequencies in excess of 18 GHz;

(b) Waveguides having a bandwidth ratio greater than 1.7:1;

(e) Waveguide, components, as follows:

(1) Directional couplers having a bandwidth ratio greater than 1.7:1 and
directivity over the band of 20 dB or more;

(2) Rotary joints capable of transmitting more than one isolated channel or
having a bandwidth greater than 5 per cent of the centre mean frequency,
except those used in air traffic control equipment carrying combinations of
frequencies suitable for secondary surveillance radar antennae co-mounted
on a primary radar antenna and which do not have a bandwidth exceeding 5
per cent of the centre mean frequency;

(3) Magnetic, including gyro-magnetic, waveguide components;

(4) Diode waveguide components using diodes embargoed by Item IL 1544;





(d) Transverse electromagnetic mode TEM devices:
(1) using magnetic, including gyro-magnetic, properties; or
(2) Using diodes embargoed by Item IL 1544;
(e) TR and anti-TR tubes and specially designed components therefor, except those
designed for use in wayeguides and having any of the following characteristics,
which are in normal civil use for ground or marine radar:

(i) Operating at a peak power not exceeding 3 MW and a frequency of 1.5
GHz or less;

(ii) Operating at a peak power not exceeding 1.2 MW and at a frequency
over the range of 1.5 to 6 GHz;

(iii)Operating at a peak power not exceeding 300 kW and at a frequency over the
range of 6 GHz to 10.5 GHz;

(f) Assemblies and sub-assemblies in which the isolating base material functions as a
dielectric (as used in stripline, microstrip or slotline) except for those items
specifically designed for use in civil telelvision systems to meet ITU standards
and using as an isolating material paper base phenolics, glass cloth melamine, glass
cloth epoxy resin, polyethylene terephthalate or other isolating material with an
operating temperature not exceeding 150'C (302oF);

(g)Phased array antennae and sub-assemblies designed to permit electronic control of
beam shaping and pointing (see Munitions List Item ML 15), and specially
designed components therefor (including but not limited to duplexers, phase
shifters and associated high-speed diode switches);

(h)Other antennae specially designed for operation at frequencies above 30 GHz
having a diameter of less than 1 metre specially designed components therefor;

(i)Microwave assemblies and sub-assemblies having circuits fabricated by the same
processes used in integrated circuit technology, which include active circuit
elements (for acoustic wave device, see Item IL 1586) (see also Item IL 1564).

(j)Microwave assemblies and sub-assemblies which contain band-pass or band-stop
filters and are capable of operating at 3 GHz or greater;

(k) Amplifiers (see also Item IL 1521);

(l) PIN modulators (see also Item IL 1544).

Notes:

1. Not used.

2. Not used.

3. Not used.

4. Not used.

5.Sub-item (g) above is not intended to cover duplexers and phase shifters
specifically designed for use in civil television systems or in other civil radar or
communication systems not covered elsewhere in these Lists.

6. Not used.

7. Nothing in the following shall be construed as permitting the export of technology,
except the minimum technology for the use (i.e. installation, operation and
maintenance) of the following equipment.

Sub-items (j) and (h) do not embargo microwave assemblies, sub-assemblies or
amplifiers (or combinations therefor) having all of the following characteristics:

(a) Fixed tuned at the time of manufacture to operated only within the ITU
satellite broadcasting band from 11. 7 to 12.5 GHz;
(b) Not capable of being retuned to a new frequency band by the user; and
(c) Specially designed for use with, or in, civil television receivers.

8. Not used.

IL 1541 Cathode-ray tubes having any of the following characteristics-

(a)A resolving power of 32 lines per mm (800 lines per inch) or more, using the
shrinking taster method of measurement;





(b)With travelling wave or distributed deflection structure using delay lines or
incorporating other techniques to minimize mismatch of fast phenomena signals
to the deflection structure;

(c) Incorporating microchannel-plat electron multipliers, except cathode-ray tubes,
having all of the following characteristics:
(1) The microchannel-plate electron multipliers have a hole pitch of 25 micro-
metres or more;
(2) The tubes are not ruggedized for military use;
(3) The tubes have a horizontal sweep slower than 200 ns/cm; and
(4) The electron gun is mounted parallel to the screen surface.
Note:

Technology for the design or production of cathode-ray tubes incorporating
microchannel-plate electron multipliers is not released under this sub-item.

IL 1542 Cold cathode tubes and switches, as follows-

(a) Triggered spark-gaps, having an anode delay time of 15 microseconds or less and
rated for a peak current of 3 000 A or more; specially designed parts therefor, and
equipment incorporating such devices.

(b)Cold cathode tubes, whether gas-filled or not, operating in a manner similar to a
spark gap, containing three or more electrodes and having all the following
characteristics:

(1) Rated for an anode peak voltage of 250Ovolts or more;

(2) Rated for peak currents of 100 A or more;

(3) An anode delay time of 10 microseconds or less; and

(4) An envelope diameter of less than 25.4 mm (1 inch).

Technical Notes:

1 .Triggered spark-gaps are tubes with a structure consisting of two opposed anodes
with shapes resembling flattened hemispheres, and with one or more triggering
probes placed approximately in the centre of one anode. The structure is sealed
and contains a mixture of gases, principally nitrogen, under less than atmospheric
pressure.

2.Sub-item (b) above covers gas 'krytron' tubes, vacuum 'krytron' tubes and similar
tubes.

IL 1544 Semiconductor diodes, as follows, and dice and wafers therefor-

Note:

This item does not cover semiconductor diodes based upon germanium, selenium or
copper oxide.

(a)Semiconductor diodes, designed or rated for use at input or output frequencies
exceeding 12.5 GHz;

(b)Mixer and detector diodes designed or rated for use at input or output frequencies
greater than 3 GHz, except:

(i) Point contact diodes designed or rated for use at input or output frequencies of
12.5 GHz or less;

(ii) Schottky diodes designed or rated for mixer use at input or output frequencies
of less than 12.5 GHz and having a noise figure of more than 6.5 dB;

(iii)Schottky diodes designed or rated for detector use at input or output
frequencies of less than 12.5 GHz and having a minimum rated tangential
sensitivity of either worse than - 45 dBm under unbiased conditions or worse
than - 50 dBm under biased conditions;


c)Oscillator and amplifier devices such as Gunn, Impatt, Trapatt, TED, and LSA
(including those used for the direct conversion of dc to rf power) designed or rated
for use at:

(1)Output frequencies above 1 GHz but not exceeding 4 GHz with a peak power
more than 2 W or a maximum CW Power more than 200 mW; or

(2)Output frequencies above 4 GHz but not exceeding 12.5 GHz with a peak
power more than 1 W or a maximum CW power more than 100 mW;





(d) Voltage variable capacitance diodes designed or rated for use at input or output

frequencies greater than 1.7 GHz;

(e) Fast recovery diodes, as follows:

(1) Having a rated maximum reverse recovery time of less than 1 nanosecond; or

(2)Having both a rated forward rectified current over 5 A and a rated maximum
reverse recovery time of less than 20 nanoseconds;

Notes:

1.When average reverse recovery time is quote instead of maximum reverse
recovery time, the maximum may be regarded as two times the average.

2.When reverse recovery time is not quoted, diodes rated for a stored charge of
less than 25 pico-coulombs shall be regarded as embargoed by this sub-item;

(f) PIN diodes designed or rated for use at input or output frequencies above 1.7 GHz,
with a peak power of greater than 5W or a maximum CW power of greater than
500 mW;

(g) Non-coherent light-emitting diodes with a peak radiant intensity at a wavelength
of greater than 1000 nanometres (for coherent light-emitting diodes, see Item IL
1522).

Notes:
1. Diodes constructed with a rectifying deposited metal semi-conductor junction or
barrier, such as hot-carrier or Schottky barrier diodes, will normally be
considered under sub-items (b) and (e) above.

2. Not used.

3. For photodiodes see Item IL 1548

4. Not used.

IL 1545 Transistors, as follows, and dice and therefor-
(a) Transistors based upon silicon and having any of the following characteristics:
(1) An 'operating frequency' exceeding 1.5 GHz;

(2) An 'operating frequency' not exceeding 1.5 MHz and a 'maximum collector
dissipation' of more than 300 W;

(3)An 'operating frequency' exceeding 1.5 MHz and a 'maximum collector
dissipation' of more than 250 W;

(4)An 'operating frequency' exceeding 200 MHz and a product of the 'operating
frequency' (in GHz) times the 'maximum collector dissipation' (in watts) of
more than 10; or

(5) Being majority carrier-type transistors, including but not limited to junction
field-effect transistors (FETs) and metal-oxide semiconductors transistors
(MOS), except field-effect transistors having:

(i) A maximum power dissipation of no more than 6 W and an 'operating
frequency' not exceeding 1.0 GHz; or
(ii) A maximum power dissipation of no more than 1 W and an 'operating
frequency' not exceeding 2.0 GHz;

(b) Transistors based upon gallium arsenide and having any of the following charac-
teristics:
(1) An 'operating frequency' exceeding 1 GHz;
(2) A maximum power dissipation of more than 1 W; or

(3) A noise figure of less than 3 dB;

N.B.
Nothing in this sub-item is intended to release any technology unique to transistors
based upon gallium arsenide.

(e)Transistors based upon any semiconductor material other than germanium,
silicon or gallium arsenide.

Technical Notes:

1.The 'maximum collector dissipation' is defined as the continuous dissipation
measured under the optimum cooling conditions specified by the manufacturer.





2. 'Operating frequency' is defined as the frequency used in measuring any of the
following:
(a) Output power;
(b) Power gain (GPE, GpB, GpC, GpS or GpD);
(c) Gain bandwidth product (FT); or
(d) Noise figure.

(For Phototransistors, see Item IL 1548.)

IL 1547 Thyristors, as follows, and dice and wafers therefor--

(a)Designed for use in pulse modulators having a rated tum-on time of less than 1
microsecond where the rated peak current exceeds 150 A;

(b) Having a rated turn-off time of less than 1 microsecond;

(c)Having a rated turn-off time of from 1 microsecond to less than 2.3 microseconds,
except those having a rated peak current of 50 A or less and encapsulated in non-
hermetically sealed packages;

(d)Having a rated turn-off time of from 2.3 to 10 microseconds and a 'figure of
merit' more than 100.

Technical Notes:

1 .The 'figure of merit' is here defined as the product of the repetitive peak off-state
voltage (V DRM) in kilovolts and the repetitive peak on-state current (1 TRM) in
amperes as shown on the thyristor data sheets.

2.The turn-off time for gate-turn-off thyristors is defined as the sum of the gate
controlled delay time TDQ and the gate controlled fall time TFQ to reach 10 per cent of
the initial on-state current.

IL 1548 Photosensitive components, including linear and focal-plane arrays, as follows, and
dice and wafers therefor-
(a) Photosensitive components (including photodiodies, phototransistors, photo-
thyristors, photoconductive cells and similar photosensitive components):
(1) Having a peak sensitivity at a wavelength longer than 1200 nanometres or
shorter than 190 nanometres; or
(2) Having a peak sensitivity at a wavelength shorter than 300 nanometres and
having an efficiency of less than 0.1 per cent relative to peak response at
wavelengths longer than 400 nanometres;

Note:

Vacuum photodiodes specially designed for use in spectrophotometry having a
peak response at a wavelength shorter than 300 nanometres are not covered by
this sub-item.
(For photomultiplier tubes which contain microchannel plates, see Item IL 1549.)

(b)Semiconductor photodiodes and phototransistors with a response time constant of
95 nanoseconds or less measured at the operating temperature for which the time
constant reaches a minimum;

(c) Specially designed or rated as electromagnetic (including laser) and ionized-particle
radiation resistant;

(d)Linear and focal plane arrays (Hybrid or monolithic) having the characteristics in
(a) or(b) above, and specially designed components therefor;

Notes:

1.the time constant is defined as the time taken from the application of a light
stimulus for the current increment to reach a value of 1-1/e times the final value
(i.e. 63 per cent of the final value).

2. This Item does not embargo the following:

(a)Germanium photo devices with a peak sensitivity at a wavelength shorter
than 1750 nanometres;

(b) Infrared single-element encapsulated photoconductive cells or pyroelectric
detectors intended for civil applications and using any of the following:
(1) Evaporated lead sulphide;
(2) Triglycine sulphate with a surface area of 20 mm2 or less;
(3) Lead-lanthanum-zirconium titanate ceramic.





(c)Single-element encapsulated mercury-cadmium-telluride (HgCdTe) uncooled
(295K ambient temperature operation) photo-electromagnetic (pem) or
photoconductive (pc) mode photo detectors with a peak sensitivity at a
wavelength shorter than 11000 nanometers.

IL 1549 Photomultiplier tubes, as follows-

(a) For which the maximum sensitivity occurs a wavelengths shorter than 300
nanometres;

Note:
Photomultiplier tubes specially designed for use in spectrophotometry having a
peak sensitivity at a wavelength shorter than 300 nanometres are not covered by
this sub-item.

(For photosensitive components, see Item IL 1548.)

(b) Having an anode pulse rise time of less than 1 nanosecond;
(c) Those which contain microchannel-plate electron multipliers.
Notes:
1. Not used.

2. For microchannel-plate electron multipliers, see IL 1556.

IL 1553 Flash discharge type X-ray systems, including tubes, having all of the following
characteristics-
(a) Peak power greater than 500 MW;

(b) Output voltage greater than 500 kV;

(c) Pulse width less than 0.2 microsecond.

IL 1555 Electron tubes, as follows, an specially designed components therefor---

(a) Electron tubes for image conversion or intensification, incorporating:
(1) Fibre-optic face-plates covered by Item IL 1556 (a);
(2) Microchannel-plate electron multipliers; or
(3) Gallium arsenide or other epitaxially grown semiconductor photocathodes
covered by Item IL 1556 (c);
Note:
Nothing in this sub-item shall be construed as sanctioning the export of
technology for image intensifiers or converters incorporating fibre-optic face-plates or micro-
channel-plate electron multipliers, or electron tubes for cameras incorporating
such intensifiers or converters.

(b) Electron tubes for television/video cameras:
(1) Incorporating fibre-optic face-plates covered by Item IL 1556 (a);
(2) Incorporating microchannel-plate electron multipliers; or
(3) Coupled with electron tubes covered by (a) above;

(c) Ruggedised electron tubes for television/video cameras having a maximum
length-to-bulb diameter ratio of 5:1 or less.

Notes:

1 . This Item does not cover:

(a) Commercial standard television/video camera tubes
not incorporating fibre-optic face-plates covered by Item IL 1556 (a); or
(b) Commercial standard X-ray amplifier tubes.

2. Not used.
3. Not used.

4. Not used.

5. Not used.





IL 1556 Optical elements and elements for optical tubes, as follows-

(a) Non-flexible fused fibre-optic plates or bundles, having all of the following
characteristics:

(1) A fibre pitch (centre-to-centre spacing) of less than 10 micrometres;
(2) A light-absorbing medium surrounding each fibre, or interstitially placed
between fibres;
(3) A diameter greater than 13 mm (1/2 inch);
(b) Microchannel-plates for electron image amplification having both of the following
characteristics:
(1) 15 000 or more hollow tubes per plate; and
(2) Hole pitch (centre-to-centre spacing) of less than 25 micrometres;

(c)Semi-transparent photocathodes incorporating epitaxially grown layers of
compound semiconductors, such as gallium arsenide;

(For associated starting materials see Item IL 1757.)

(d)Diffractive type optical elements specially designed for display screens with any of
the following characteristics:

(1)A transmission of more than 90 per cent outside the reflection band and a
reflection of more than 75 per cent inside the reflection band, which has less
than 15 nanometres bandwidth and is matched to the frequency of the display
light source;

(2) A rear projection screen brightness gain of more than 10 times the gain of
a Lambertian scatterer with an equivalent area, and less than 10 per cent
variation in brightness across the exit aperture;

(3) Specially designed for use in helmet-mounted displays.

IL 1558 Electronic vacuum tube, (valves) and cathodes, as follows, and other components
specially designed for those tubes-
(a) Tubes in which space charge control is utilized as the primary functional
parameter, including bat not limited to triodes and tetrodes, as follows:
(1) Tubes rated continuous wave operation having either of the following
characteristics,
(i) Above 4 GHz at maximum rated anode dissipation; or
(ii) Within the frequency range 0.3 to 4 GHz and for which, under any
condition of cooling, the product of the maximum rated anode dissi-
pation (expressed in watts) and the square of the maximum frequency
(expressed in Gigahertz) at the maximum rated anode dissipation is
greater than 10 4, except for tubes specially designed for television
transmitters operating in the frequency range of 0.47 to 0.96 GHz and
rated for operation without a grid current, for which the product of the
rated anode dissipation (expressed in watts) and the square of the
maximum frequency (expressed in Gigahertz) may reach 2 x 10 4;
(2) Tubes rated only for pulse operation having either of the following charac-
teristics:

(i) Aove 1 GHz, with maximum peak pulse output power greater than 45 kW; or

(ii) Between 0.3 and 1 GHz and for which, under any condition of cooling,
the product of the peak pulse output power (expressed in watts) and the
square of the maximum frequency (expressed in Gigahertz) is greater
than 4.5 x 10 4.

(3)Tubes specially designed for use as pulse modulators for radar or similar
applications, having a peak anode voltage rating of 100 kV or more, or rated
for a peak pulse power of 20 MW or more (see also Item IL 1514):

(b)Tubes which utilize interaction between a beam of electrons and microwave
elements and in which the electrons travel in a direction perpendicular to the
applied magnetic field, including but not limited to magnetrons, crossed-field
amplifier tubes and crossed-field oscillator tubes, except:





(i)Fixed frequency and tunable pulsed magnetrons and cross-field amplifier tubes
which are in normal civil use in equipment which may be exported under the
terms of these Lists, as follows:

(1) Magnetrons designed to operate at frequencies below 3 GHz with
a maximum rated peak output power of 5 MW or less, or between
3 to 12 GHz with the product of the maximum rate peak output power
(expressed in kilowatts) and the frequency (expressed in Gigahertz) less
than 4 200 and a 'frequency tuning time' of more than 100 milli-seconds;

Technical Note:

'Frequency tuning time' is time required to change the operating
frequency from a starting frequency, through the maximum frequency,
through the minimum frequency, and return to the starting frequency i.e.
one complete tuning cycle.

('Frequency tuning time': T= 1/2Fu

Fd: dither rate.)

(2) Crossed-field amplifier tubes designed to operate at frequencies below
4 GHz with a maximum rated average output power of 1.2 kW or less,
a bandwidth of 200 MHz or less and a gain of less than 15 dB;

(ii) Fixed frequency continuous wave magnetrons designed for medical use or
for industrial heating or cooking purposes operating at a frequency of
2.375 GHz + 0.05 GHz or 2.45 GHz + 0.05 GHz with a maximum rated output
power not exceeding 6 kW or at a frequency lower than 1 GHz, with
a maximum rated output powe not exceeding 35 kW;

(c)Tubes which utilise initeraction between a beam of electrons and microwave
elements or cavities and in which the electrons travel in a direction parallel to the
applied magnetic field (e.g. klystrons or travelling wave tubes), except:

(i) Continuous wave tube having all of the following characteristics:

(1) Designed for use in civil ground communication;

(2) An instantaneous bandwidth of half an octave or less, i.e. the highest
operating frequency is not higher than 1.5 times the lowest operating
frequency;

(3) The product of the rated output power (expressed in W) and the
maximum operating frequency (expressed in GHz) of no more than 300;

(4) An operation frequency no higher than 20 GHz;

(5) No multiple grid electron guns; and

(6) Collectors with no more than two depressed stages;

(ii) Pulsed tubes, having all of the following characteristics:

(1) For civil applications;

(2) An instantaneous bandwidth of half an octave or less, i.e. the highest
operating frequency is not higher than 1.5 times the lowest operating
frequency;

(3) Collectors with no more than two depressed stages; and

(4) Either of the following:

(a)A peak saturated output power not exceeding 1 kW, an average
output power not exceeding 40 W and the operating frequency not
exceeding 10 GHz; or

(b) A peak saturated output not exceeding 100 W, an average output
power not exceeding 20 W and the operating frequency between
10 and 20 GHz;

(iii) Pulsed tubes, having all of the following
characteristics:
(1) For civil applications;
(2) Designed for fixed frequency operation;
(3) Operating frequencies below 3.5 GHz;
(4) A peak output power of 1.6 MW or less; and
(5) An operating bandwidth of less than 1 per cent;





(iv) Tubes, having all of the following characteristics:

(1) Used as fixed-frequency or voltage-tunable oscillator tubes;

(2) Designed to operate at frequencies below 20 GHz; and

(3) A maximum output power of less than 3 W;

(d)Tubes which utilize interaction between an electron beam and microwave elements
or cavities but do not require a magnetic field to control or focus the electron beam,
except low power reflex oscillator klystrons designed operate at frequencies below
20 GHz and at a maximum output power of less han 3 W;

(e) Tubes which utilize interaction between a beam of electrons and microwave
elements or cavities in which the electrons drift in a direction parallel to the applied
magnetic field but also require for their operation a large component of velocity
transverse to the direction of the applied magnetic field, including but not limited
to gyrotrons, ubitrons and peniotrons;

(f) Tubes designed to withstand on any axis an acceleration of short duration (shock)
greater than 1000 g;

(g) Tubes designed for operation in ambient temperatures exceeding 200oC;

(h)Tubes of the types described in (c), (d) or (e) above, which are designed to operate
with no filament or cathode heating element (as indicated by the absence of heating
supply connections);

(i) Tubes which utilize a modulated beam of electrons striking one or more semi-
conductor diodes to provide power gain, (see also Item IL 1544);

(j) Cathodes for electronic vacuum tubes, as follows:

(1) Specially designed for tubes embargoed by sub-items (a) to (i) above; or

(2) Impregnated cathodes capable of producing a current density exceeding
0.5 A/cm2 at rated operating conditions.

Note:
Nothing in the following shall be construed as permitting the export of technology
for electronic vacum tubes or specially designed components therefor (for
manufacturing equipment, see item IL 1355(a)). This item does not embargo the
following electronic vacuum tubes and specially designed components therefor:

Tubes embargoed by sub-items (a) and (c) above, specially designed for civil
telecasting according to CCIR or OIR standards.


IL 1559 Hydrogen/hydrogen isotope thyratrons of cerarnic-metal construction and having any
of the following characteristics, and accessories therefor
(a) A peak pulse power output exceeding 20 MW;
(b) A peak anode voltage greater than 25 kV;
(e) A peak current rating greater than 1.5 kA.

Note:
For thyratrons rated for both single-shot (crowbar) and modulator service, the
figure for modulator service should be used.

IL 1560 Capacitors designed for or capable of maintaining their rated electrical and mechanical
characteristics during their specified operating lifetime, and technology therefor,
as follow--

(a)Monolithic ceramic capacitors (other than boundary layered capacitors) using non-
ferro-electric strontium titanate (SrTi03) dielectric rated for operation over the
whole range of ambient temperatures from below - 55oC to above + 85oC;

(b)Technology for the design and production of tantalum capacitors rated for
operation at ambient temperatures exceeding 125oC, except sintered electrolytic
types having a casing made of epoxy resin or which are sealed or coated with
epoxy resin.

Note:

Capacitors rated for operation during their specified lifetime at ambient temperatures
below - 55'C or above + 200'C are covered by Munitions List Item ML 11.





IL 1561 Materials specially designed and manufactured for use as absorbers of electromagnetic
waves having frequencies greater than 2 x 10' Hz and less than 3x10 12 Hz, except
materials as follows-

(i) 'Hair' type absorbers, whether constructed of natural or synthetic fibres, with non-
magnetic loading to provide absorption;

(ii) Absorbers whose incident surface is non-planar in shape, including pyramids,
cones, wedges and convoluted surfaces, and which have no magnetic loss; and

(iii) Absorbers having all of the following characteristics:

(1) Made of:

(a)Plastic foam materials (flexible or non-flexible) with carbon-loading to
provide absorption; or

(b) Organic binders with magnetic material loading which do not provide
'broad-band absorption performance with low reflectivity';

Technical Note:

'Broad-band absorption performance with low reflectivity' is defined as
less than 5 per cent echo compared with metal over a bandwidth greater
than + 15 per cent of the centre frequency of the incident energy;

(2) The incident surface is planar;

(3) Their tensile strength is less than 7 x 10 6 N/m2(1 016psi);

(4) Their compressive strength is less than l4 x 10 6 N/m2(2032psi);and

(5) They cannot withstand more than 450K (177'C, 350'F).

Note:
Nothing in the above releases magnetic materials to provide absorption when contained
in paint.

IL 1564 'Assemblies' of electronic components, 'modules', printed circuit boards with
mounted components, 'substrates' and integrated circuits, including packages therefor,
as follows-

Note:
Integrated circuits are categorized as follows:
'monolithic integrated circuits'
'microcomputer microcircuits'
'microprocessor microcircuits'
'multichip integrated circuits'
'film type integrated circuits'
'hybrid integrated circuits'
'optical integrated circuits'

For a list of definitions of terms used in this Item, see Technical Note below.

(a) 'Substrates' for printed circuit boards, including ceramic 'substrates' and coated
metal 'substrates' (single-sided, double-sided or multilayer) and thin copper
foils therefor, except:
(1) Printed circuit boards manufactured from any of the following materials:
(A) Paper base phenolics;
(B) Glass cloth melamine;
(C) Glass epoxy resin uncoated or coated with copper foil of a thickness of
18 micrometre (0.00071 inch) or more;
(D) Polyethylene terephthalate; or
(E) Any other insulating material having all of the following characteristics:
(a) A maximum continuous rated operating temperature not exceeding
423K (150'C);

(b) A dissipation factor equal to or more than 0.009 at 1 MHz;

(c) A relative dielectric constant equal to or less than 8 at 1 MHz; and

(d)A coefficient of expansion equal to or more than +_ 10-5/K over a
temperature range of 273K to 393K (O'C to 120'C);





(2) Ceramic 'substrates' having no more than two layers of interconnections,
including the ground plane; or
(3) Copper foil having a thickness of 18 micrometre (0.00071 inch) or more;

(b) Ceramic packages for integrated circuits which are designed for hermetically scaled
pin or pad grid array, leadless carrier or surface-mounted configurations, except
when having all of the following characteristics:
(1) Single-in-line, dual-in-line or flat-pack configuration;
(2) Pin, pad or lead spacings of 2.50 mm or more, or 100 mil or more; and
(3) 40 leads or less;

(c) 'Assemblies', 'modules' and printed circuit boards with mounted components,
with any of the following characteristics:
(1) They include 'substrates' for printed circuit boards embargoed by sub-
item (a) above; or
(2) They contain embargoed componen, except when:
(A) The only embargoed components they contain are capacitors;
(B) They are power supply 'asemblies';
(C) They are non-coherent light-emitting alphanumeric displays, of
which incorporated 'monolithic integrated circuits' having both the following
characteristics:
(a) Used for decoding, controlling or driving the display; and
(b) Not integral with the actual display device; or
(D) They are simple encapsulated photo-coupler (transopter) 'assemblies',
having both of the following characteristics:

(a) Electrical input and output; and

(b)Any incorporated light-emitting diode can only emit non-coherent
light;

Note:
Sub-item (c) (2) does not embargo 'assemblies', 'modules' or printed circuit
board with mounted components, having both of the following characteristics:

(a) Designed for equipment not embargoed by any other Item of these Lists;
and

(b) substantially restricted to the particular application for which they
have been signed by nature of either:
(1) Design;
(2) Performance;
(3) Lack of 'user-accessible rnicroprogrammability';
(4) Lack of 'user-accessible programmability';
(5) 'Software';
(6) 'Microprogramme' control; or
7) Specialized logic control.
Notes:
1. For the embargo status of 'assemblies', 'modules' or printed circuit boards with
mounted components which are designed for, or which have the same
functional characteristics as electronic computers or 'related equipment',
see Item IL 1565.

2.'Assemblies', 'modules' or printed circuit boards with mounted components
which are designed for, or which have the same functional characteristics as
embargoed equipment shall be rated against the parameters of the
appropriate equipment Item. In such cases, however, the relevant
temperature parameters have to be changed into: below 218K (- 55'C) or
above 358K (85oC).

(d)'Monolithic integrated circuits', 'microcomputer microcircuits',
'microprocessor microcircuits', 'multichip integrated circuits', 'film type
integrated circuits', 'hybrid integrated circuits' and 'optical integrated circuits',
except:





(1) Encapsulated passive networks;

Note:

Technology for the manufacture of thin film passive networks is not
released from embargo by this sub-item.

(2) Encapsulated integrated circuits, having all of the following characteristics:

(A) Not designed or rated as radiation hardened;

(B) Not rated for operation at an ambient temperature below 233K (-40'C)

or above 358K (85oC);

(C) Packaged in any of the following casings:

(a) TO-5 outline cases (diameter 7.7 to 9.4 mm, i.e. 0.305 to 0.370
inch);

or

(b) Non-hermetically sealed cases; and

(D) Being any of the following types:

(a) Bipolar 'monolithic integrated circuits', having all of the following
characteristics:

(1)Designed to perform single digital logic function or a
combination of digital logic functions;

(2)Encapsulated in packages having 24 terminals or less;

(3) A 'basic gate propagationn delay time' of no less than 3 ns;

(4) A 'basic gate power dissipation' of no less than 2 mW; and

(5)A product of the 'basic gate propagation delay time' and the
'basic gate power dissipation' per gate of no less than 30 pJ for
types having 'basic gate propagation delay time' of 3 ns or
more and less than 5 ns;

(b) Bipolar 'monolithic integrated circuits', having all of the following
characteristics:

(1) Designed for operation in civil applications;

(2) Being either:

(A) Electronic switches, externally controlled by inductive,
magnetic or optical means; or

(B) Threshold value switches; and

(3) With switching times of 0.5 microsecond or more;

(c) Complementary metal-oxide semiconductor (CMOS) 'monolithic
integrated circuits', having all of the following characteristics:

(1)Designed for operation as digital logic circuit elements but limited
to gates, inverters, buffers, flip-flops, latches, multivibrators,
bilateral switches, display drivers, fixed counters, fixed
frequency dividers, storage registers, decoders, voltage translators,
encoders, Schmidt triggers, delay timers, carry generators, clock
generators, or any combination of the above digital logic
functions;

(2) Encapsulated in packages having 24 terminals or less; and
(3) A minimum value of the 'basic gate propagation delay time'
under any rated condition of no less than 10 ns;
(d) Positive-channel type or negative-channel type metal-oxide semi-
conductor (PMOS or NMOS) 'monolithic integrated circuits',
having all of the following characteristics:

(1)Designed for and by virtue of circuit design limited to use as
serial digital shift registers;

(2) A maximum clock rate of 10 MHz; and

(3) A maximum of 1024 bit per package;





(e) Silicon 'microcomputer microcircuits' having all of the following
characteristics:

(1) Mask programmed by the 'manufacturer' for a civil applica-
tion prior to shipment;

(2)A word size to 'speed' ratio of less than or equal to 1. 1 bit per
microsecond;

(3) A 'speed-power dissipation product' of more than or equal to
1.2 microjoule;

(4) Not containing on-the-chip:

(A) A read-only storage (ROM) of more than 4 096
byte;

Note:

This does not include the storage space needed for the
'microprogramme'.

(B) A random access storage (RAM) of more than 128
byte;
(C) A programmable read-only storage (PROM);

(D) Multiplication capabilities;

(E) General purpose operating systems (e.g. CP/M); or
(F) High order languages (e.g. Tiny Basic);

(5) An operand (data) word length of less than or equal to 8 bit;

(6)Not capable of using storage off-the-chip for 'programme'
storage; and

(7)Not rated for operation at an ambient temperature below
253K (-20oC) or above 348K (75oC);

Note:

Bit-slice 'microcomputer microcircuits' are not released by this
sub-item.

(f) Silicon 'monolithic integrated circuits', 'microcomputer micro-
circuits', 'microprocessor microciruits', 'multichip integrated
circuits' 'film type integrated circuits', 'hybrid integrated circuits',
or 'optical integrated circuits', having both of the following
characteristics:

(1) No 'user-accessible microprogrammability'; and

(2) Designed or programmed by the 'manufacturer' for any of the
following applications, only:

(A)Car electronics (e.g. entertainment, instrumentation,
safety, comfort, operations, or pollution);

(B)Home electronics, (e.g. audio and video equipment,
appliances, safety, education, comfort, remote controlled
toys or amusement);

(C) Timekeeping applications (e.g. watches or clocks);

(D) Personal communications up to 150 MHz, including
amateur radio communication and intercom;

(E)Unembargoed cameras including cine cameras but excluding
imaging microcircuits; or

(F)Medical electronic prostheses (e.g. cardiac pacemakers,
hearing aids);

Note:

The temperature limits specified in (d) (2) (B) above do not
apply to sub-section (A) or (F).

(g) 'Monolithic integrated circuits' or 'hybrid integrated circuits',
having all of the following characteristics:

(1) Not capable of addressing off-the-chip storage;

(2) No 'user-accessible microprogrammability'; and





(3) Designed for and by virtue of circuit design limited to use in
simple calculators, having both of the following characteristics:

(A)Performing a single function in response to a keystroke;
and

(B)Capable of performing floating point additions of a
maximum of 13 decimal digits (mantissa only) in no less
than 20 ms;

(h)'Monolithic integrated circuits' or 'hybrid integrated circuits', having
both of the following characteristics:

(1) No 'user-accessible microprogrammability'; and

(2) Designed for and by virtue of circuit designed limited to use in
simple key programmable calculators, having both of the
following charateristics:

(A) Capable of executing a sequence of no more than
256 'programme' steps introduced into a 'programme'
storage on-the-chip by a sequence of keystrokes; and

(B)Capable of performing floating point additions of a
maximum of 13 decimal digits (mantissa only) in no less
than 20 ms;

(i) Silicon 'microprocessor microcircuits', having all of the following
characteristics:

(1) A word size to 'speed' ratio of less than or equal to 1.25 bit per
microsecond;
(2) A 'speed-power dissipation product' of more than or equal to
2 microjoule;

(3) Not containing on-the-chip.

(A) Read-only storage (ROM);

(B) Programmable read-only storage (PROM);

(C) Random-access storage (RAM) of more than 1024 bit; or
(D) Multiplication instructions;

(4) Capable of addressing storage off-the-chip of no more than
65 536 byte;

(5) An operand (data) word length of less than or equal to 8 bit;

(6) An arithmetic logic unit (ALU) not wider than 8 bit; and

(7) Not rated for operation at an ambient temperature below
253K(-20'C )or above 348K (75'C);

Note:
Bit-siice 'microprocessor microcircuits' are not released by this
sub-item.

(f) Storage 'monolithic integrated circuits' or ' multchip integrated circuits' , as follows:

(1) Read-only (ROMs), having all of the following characteristics:

(A)Mask programmed by the 'manufacturer' for a civil appplication prior to shipment;

(B) A maximum of 8 192 bit per package;

(C)A maximum access time of no less than 450 ns; and

(D) Not rated for operation at an ambient temperature below
253K (-20'C) or above 348K (75'C);

(2)Positive-channel type or negative-channel type metal-oxide
semiconductor read-only (PMOS-or NMOS-ROMs),
having all of the following characteristics:





(A)Mask programmed by the 'manufacturer' for a civil
application prior to shipment;

(B) A maximum of 32 768 bit per package;

(C) A maximum access time of no less than 450 ns; and

(D) Not rated for operation at an ambient temperature below
253K(-20'C) or above 348K(75oC);

(3) Positive-channel type or negative-channel type metal-oxide
semiconductor read-only (PMOS-or NMOS-ROMs), having all
of the following characteristics:

(A)Mask programmed or designed as character generators for
a standard character font;

(B) A maximum access time of no less than 250 ns; and

(C)Not rated for operation at an ambient temperature below
253K (-20oC) or above 348K (75'C);

(4) Programmable (non-erasable) read-only (PROMs) having all of
the following characteristics:

(A) Programmed by the 'manufacturer' for a civil application
prior to shipment;

(B) A maximum of 2 048 bit per package;
(C) A maximum access time of no less than 250 ns; and
(D) Not rated for operation at an ambient temperature below
253K (-20oC) or above 348K (75'C);

(5)Programmable (non-erasable) read-only (PROMs) having all of
the following characteristics:

(A) Programmed by the 'manufacturer' for a civil application
prior to shipment;

(B)A maximum of 8 192 bit per package;

(C)A maximum access time of no less than 450 ns; and

(D)Not rated for operation at an ambient temperature below
253K (-20'C) or above 348K (75oC);

(6) Bipolar random-access (RAMs), having any of the following pairs
of characteristics:

(A) A maximum of 64 bit per package and a maximum access
time of no less than 30 ns;

(B)A maximum of 256 bit per package and a maximum access
time of no less than 40 ns; or

(C)A maximum of 1024 bit per package and a maximum
access time of no less than 45 ns;

(7) Metal-oxide-semiconductor dynamic random access
(MOSDRAMs), having all of the following characteristics:

(A) A maximum of 4 096 bit per package;

(B) A maximum access time of no less than 250 ns; and

(C)Not rated for operation at an ambient temperature below
253K (- 20oC) or above 348K (75oC);


(8) Metal-oxide semiconductor static random access (MOS-
SRAMs), having both of the following characteristics:
(A) A maximum of 1024 bit per package; and
(B) A maximum access time of no less than 450 ns;

(k)Amplifier 'monolithic integrated circuits', 'multichip integrated
circuits', 'film type integrated circuits' or 'hybrid integrated
circuits', as follows:





(1)Audio amplifiers, having a maximum rated continuous power
output of 50 W or less at an ambient temperature of 298K
(25oC);

Note:

For audio amplifiers, the 358K (85'C) upper temperature limit
specified in (d)(2)(B) above is not applicable. The lower limit
of 233K (-40oC) is applicable.

(2)Instrumentation amplifiers, having all of the following
characteristics:

(A)A best-case rated linearity of no better than + 0.0 1 per cent
at a gain of 100;

(B)A maximum gain-bannwidth product of no more than 7.5
expressed in MHz (e.g. a maximum bandwidth of 75 kHz at
- 3dB and a gain of 100); and

(C) A typical slew rate at unity-gain not exceeding
3 V/microsecond,

(3) Isolation amplifiers;


(4)Operational amplifiers, having all of the following
characteristics:

(A) A typical unity-gain open-loop bandwidth of no more than
5 MHz;

(B) A typical open-loop voltage gain of no more than 10 6,
i.e. 120 dB;

(C) Either:

(a) A maximum intrinsic rated input offset voltage of no
less than 1.0 mV; or

(b)A maximum input offset voltage drift of no less than 5
microvolt/K;

(D) A typical slew unity-gain not exceeding 6 V/micro-
second; and
(E) A typical power dissipation of more than 10 mW per
amplifier, if the typical slew rate at unity-gain exceeds
2.5 V/microsecond; or
(5) Untuned alternating current (AC) amplifiers, having both of the
following characteristics;
(A) A bandwidth of less than 3 MHz; and
(B) A maximum rater power dissipation of 5 W or less at an
ambient temperature of 298K (25'C);

(l)Analog multiplier or divider 'monolithic integrated circuits',
multichip integrated circuits', 'film type integrated circuits' or
'hybrid integrated circuits', having both of the following characteristics:

(1) A best-case rated linearity of no better than + 0. 5 per cent of
full scale; and
(2) A - 3 dB small signal bandwidth of no more than 1 MHz;

(m)Converter 'monolithic integrated circuits', 'multichip integrated
circuits', 'film type integrated circuits' or 'hybrid integrated
circuits', as follows:

(1)Analogue-to-digital converters, having both of the following
characteristics:

(A)A maximum conversion rate to rated accuracy of no
more than 50 000 complete conversions per second, i.e.
a conversion time to maximum resolution of no less than
20 microsecond; and





(B)An accuracy of no better than + 0.025 per cent of full
scale over the specified operating temperature range;

(2) Analogue-to-digital convertors, having both of the following
characteristics:
(A) Designed for digital voltmeter application; and
(B) Permitting characteristics corresponding to those of instruments free from embargo
under Item IL 1529 (f);

(3) Digital-to-analogue converters, having both of the following
characteristics:
(A) A maximum settling time to rated inearity of no less than:
(a) 5 microsecond for voltage output converters; or
(b) 250 ns for current output converters; and

(B)A non-linearity, (ie. deviation from an ideal straight line) of
equal to or worse than +_ 0.025 per cent of full scale over
the specified operating termprature range;

(4) Voltage (rms-to-DC) converters; or
(5) Voltage-to-frequency converters having all of the following
characteristics:

(A)Not employing delta or delta/sigma modulation techniques;

(B)A rated accuracy of no better than +0.01 per cent of full
scale; and

(C) A 'gain drift' of not less than +50x10-6/K at rated
frequency;

Note:

'Gain drift' specifies the maximum change in gain over a
specific temperature range.

Note:

See Item IL 1527 for coders, decoders or coders/decoders (codec), all
when designed for voice.

(n)Interface 'monolithic integrated circuits', 'multichip integrated
circuits', 'film type integrated circuits' or 'hybrid integrated
circuits', as follows:

(1) Line drivers and line receivers having a 'typical propagation
delay time' from data input to output of no less than 15 ns;

(2) Peripheral or display drivers, having all of the following
characteristics:

(A) A maximum rated output current of 500 mA or less;
(B) A 'typical propagation delay time' from data input to
output of no less than 20 ns; and
(C) A maximum rated output voltage of 80 V or less;

(3) Sense amplifiers, having both of the following characteristics:

(A) A 'typical propagation delay time' from data input to
output of no less than 15 ns; and

(B) A typical input threshold voltage of no less than 10 mV; or
(4) Storage or clock drivers, having all of the following
characteristics:

(A) A maximum rated output current of 500 mA or less;

(B) A maximum rated output voltage of 30 V or less; and

(C)A 'typical propagation delay time' from data input to
output of no less than 20 ns;

Note: When the 'typical propagation delay time' is not specified,
the typical turn-on or turn-off time, whichever is less, should he
used.





(o)Peripheral positive-channel type or negative-channel type
metaloxide-semiconductor (PMOS or NMOS) 'monolithic
integrated

circuits' or 'multichip integrated circuits-, designed only for:

(1)The support of 'microprocessor microcircuits' which are
excluded from embargo by (d)(2)(D)(i) above; and

(2) Any of the following functions:
(A) Parallel input/output controller (PIO),
(B) Serial input/output controller (SIO) ,
(C) Dual asynchronous receiver/transmitter (DART); or
(D) Counter/timer circuit (CTC);

(p) Sample and hold 'monolithic integrated circuits', 'hybrid integrated

circuits', 'film type integrated circuits' or 'multichip integrated
circuits', having both of the following characteristics:

(1)An acquisition timing of no less than 10 microsecond; and
(2)A non-linearity, (i.e,a deviation from an ideal straight line), of
equal to or worse than 0.01 per cent of full scale for a hold
time of 1 microsecond.

(q) Timing 'monolithic integrated circuits', 'hybrid integrated circuits',

'film type integrated circuits' or 'multichip integrated circuits',
having both of the following characteristics:

(1) A typical timing error of no less than + 0. 5 per cent; and
(2) A typical rise time of no less than 100 ns; or

(r) Voltage 'monolithic integrated circuits', 'multichip integrated

circuits', 'film type integrated circuits' or 'hybrid integrated
circuits', as follows:

(1)Voltage comparators, having both of the following
characteristics:

(A) A maximum input offset voltage of no less than 2 mV; and
(B) A 'typical switching speed', i.e. typical response time of
no less than 30 ns;

(2)Voltage references, having both of the following characteristics:
(A) A rated accuracy of no better than + 0. 1 per cent; and

(B) A temperature coefficient of the voltage of no less than


15 X 10 -6/K or
(3) Linear type voltage regulators, having both of the following

characteristics:
(A) A rated nominal output voltage of 50V or less; and
(B) A maximum output current of 2A or less;






(4) Switching type voltage regulators, having both of the following characteristics;
(A) A rated nominal output voltage of 40V or less; and


(B) A maximum output current of 150mA or less;

Notes:

1For voltage regulators, the 358K (85'C) upper temperature
limit specified in (d)(B)(2) above is not applicable. The lower
limit of 233K (-40'C) is applicable.

2.See (d)(2)(D)(m)(4) above for rms-to-DC voltage converters
and (d)(2)(D)(m)(5) for voltage-to-frequency converters.

(s)Non-coherent light-emitting alphanumeric displays, which do not
incorporate other 'monolithic integrated circuits';







(t)Non-coherent light-emitting alphanumeric displays, which
incorporate 'monolithic integrated circuits' having both of the
following characteristics:

(1) Used for decoding, controlling or driving the display; and
(2) Not integral with the actual display device;

(u)Simple encapsulated photocoupler (transopter 'optional integrated
circuits', having both of the following characteristics:

(1) Electrical input and output; and

(2)Any incorporated light-emitting diodes can only emit
non-coherent light;

(3)Unencapsulated integrated circuits, having all of the following
characteristics: (A) Based exclusively upon silicon;

(B) Not designed or rated as radiation hardened; and
(C) Being any of the following types:

(a)Bipolar 'monolithic integrated circuits', having all of the following
characteristics:

(1) Designed to perform a single digital logic function or a
combination of digital logic functions;

(2) A 'basic gate propagation delay time' of no less than 5 ns;

(3) A product of the 'basic gate propagation delay time' and the
'basic gate power dissipation' per gate of not less than 70 pJ;
and

(4) No more than 24 input/output pads;
Note:

Sub-item (d)(3)(C)(a) does not permit shipment of complex
custom-built bipolar digital 'monolithic integrated circuits'.

(b)Bipolar 'monolithic integrated circuits', having all of the following
characteristics.

(1) Designed for operation in civil applications;
(2) Being either :

(A)Electronic switches, externally controlled by inductive,
magnetic or optical means; or

(B) Threshold value switches;

(3) With switching times of 0.5 microsecond or more; and
(4) NO more than 24 input/output pads;

Note:

Sub-item (d)(3)(C)(b) does not permit shipment of complex
custom-built bipolar digital 'monolithic integrated circuits'.

(c)'Monolithic integrated circuits' having all of the following
characteristics:

(1) No 'user-accessible microprogrammability';

(2) Designed for and by virtue of circuit design limited to use in civil
radio or television receivers;







(3) Rated for operation at 11 MHz or less;


(4)Not designed for station scanning applications;

(5)Not utilizing charge-coupled device (CCD) technology;

(6)Not intended for beam lead bonding; and

(7)If intended for video or luminance amplifiers, having both of
the following characteristics:
(A) A maximum rated supply voltage not exceeding 30 V; and
(B) A typical bandwidth not exceeding 7.5 MHz;





(d) 'Monolithic integrated circuits' having all of the following
characteristics: (1) No 'user-accessible microprogrammability';
(2) Not utilizing charge-coupled device (CCD) technology; (3) Not
intended for beam lead bonding; and

(4) Designed or programmed by the 'manufacturer' for any of the
following applications, only:
(A) Timekeeping applications ( e.g. watches or clocks): or
(B) Cardiac pacemakers or hearing aids;

(e) Amplifier 'monolithic integrated circuits' as follows:

(1) Audio amplifiers, having a maximum rated power output of

25 W or less at an ambient temperature of 298K (25'C); or

(2) Operational amplifiers, having all of the following
characteristics:

(A) A typical unity-gain open-loop bandwidth of no more than

5 MHz:
(B) A typical open-loop voltage gain of no more than 562 000
i.e. 115 dB;

(C) A maximum intrinsic rated input offset voltage of no less than 2.5mV; and
(D) A typical slew rate at unity-gain not exceeding 2.5V/microsecond;
Voltage 'monolithic integrated circuits' as follows:
(1) Voltage comparators, having both of the following characteristics:

(A) A maximum input offset voltage of no less than 5 mV; and

(B)A 'typical switching speed', i.e. typical response time of no less
than 50 ns.

(2) Linear type voltage regulators, having both of the following

characteristics:

(A) A rated nominal output voltage of 40 V or less; and
(B) A maximum output current of 1 A or less; or

(3) Switching type voltage regulators, having both of the following characteristics:


(A) A rated nominal output voltage of 40 V or less; and
(B) A maximum output current of 150 mA or less;

(4) Encapsulated integrated circuits having all of the following characteristics:



(A) Not designed or rated as radiation hardened;

(B) Not rated for operation at ambient temperature below 233K(-40'C)
or above 358K (85'C);

(C) Packaged in hermetically sealed ceramic packages excluded from
embargo under sub-item (b) above; and

(D) Containing unencapsulated integrated circuits excluded from embargo
under sub-item (d)(3) above.


Notes:

1 .Nothing in the above shall be construed as permitting the export of wafer or chip
design or processing information inherent in the manufacture of any embargoed
class of 'assembly', 'module', integrated circuit or 'circuit element',
irrespective of any release of devices in any of these classes. This restriction
also applies to technology embodied both in the equipment embargoed by Item
IL 1355 and in its use.





2. Integrated circuits having no 'user-accessible microprogrammability' (e.g. mask

programmed) are only eligible for release from embargo
if:

(a)The design or 'programme' are originated either by the 'manufacturer'
alone or in concert with the user of the integrated circuit;

(b)The 'programme' is unalterably fixed at the time of manufacture; and



(c)The 'manufacturer' established that the design, basic functions and
performance of the integrated circuit are only for the intended end-use.

N.B.

Integrated circuits, including gate arrays and programmable logic arrays, based
only or primarily on customer-supplied circuit design or 'programmes' do not
meet the criteria of this Note and are therefore not released under this Item.

3. Not used.
4. Not used.
5. Not used.
6. Not used.
7. Not used.
8. Definition of terms:
'assembly'-

A number of electronic components (i.e. 'circuit elements', 'discrete
components', integrated circuits etc.) connected together to perform (a)
specific function(s), replaceable as an entity and normally capable of being
disassembled.

'basic gate power dissipation'-

The power dissipation value corresponding to the basic gate utilized within a
family of 'monolithic integrated circuits'. This may be specified, for a given
family, either as the power dissipation per typical gate or as the typical power
dissipation per gate.

'basic gate propagation delay time'-

The propagation delay time value corresponding to the basic gate utilized within
a family of 'monolithic integrated circuits-. This may be specified, for a given
family, either as the propagation delay time per typical gate or as the typical
propagation delay time per gate.

N.B.

'Basic gate propagation delay time' is not to be confused with input/output
delay time of a complex 'monolithic integrated circuit'.

'circuit element'-

A single active or passive functional part of an electronic circuit, such as one
diode, one transistor, one resistor, one capacitor, etc.

'discrete component'-
A separately packaged 'circuit element' with its own external connections.


'film type integrated circuit'-
An array of 'circuit elements' and metallic
interconnections formed by deposition of a thick or thin film on an insulating
'substrate'.

'hybrid integrated circuit'-
Any combination of integrated circuits, 'circuit element' or 'discrete
components' connected together to perform (a)specific function(s).


'manufacturer'-

For the purposes of this Item the individual or organization designing an
integrated circuit or a 'programme' for an intended application, in contrast to
an individual or organization merely programming an integrated circuit at, or in
accordance with, a user's request.

'microcomputer microcircuit'-
A 'monolithic integrated circuit' or 'multichip integrated circuit' containing an
arithmetic logic unit (ALU) capable of executing general purpose instructions
from an internal storage, on data contained in the internal storage.

N.B.
The internal storage may be augmented by an external storage.





'microprocessor microcircuit'-

A 'monolithic integrated circuit' or 'multichip integrated circuit' containing an
arithmetic logic unit (ALU) capable of executing a series of general purpose
instructions from an external storage.

N.B.

The 'microprocessor microcircuit' normally does not contain integral user-
accessible storage, although storage present on-the-chip may be used in
performing its logic function.

'microprogramme'-

A sequence of elementary instructions, maintained in a special storage, the
execution of which is initiated by the introduction of its reference instruction in
an instruction register.

'module'-

A number of electronic components (i.e. 'circuit elements', 'discrete
components', integrated circuits etc.) connected together to perform (a) specific
function(s), replaceable as an entity and not normally capable of being
disassembled.

'monolithic integrated circuits'-

A combination of passive or active 'circuit elements' or both which:
(a) Are formed by means of diffusion processes, implantation processes
or
deposition processes in or on a single semiconducting piece of material,
a so-called 'chip';
(b) Can be considered as indivisibly associated; and


(c) Perform the function(s) a circuit.

'multichip integrated circuit'-
Two or more 'monolithic integrated circuits' bonded to a common 'substrate'.

'optical integrated eircuit'~-
A 'monolithic integrated circuit' or a 'hybrid integrated circuit', containing
one or more parts designed to function as a photosensor or photoemitter or to
perfrom (an) optical or (an) electro-optical function(s).

'programme'-

A sequence of instructions to carry out a process in, or convertible into, a form
executable by an electronic computer.

'software'-

A collection of one or more 'programmes' or 'microprogrammes' fixed in any
tangible medium of expression.

'speed'

The time to fetch an operand C and another operand D, both from an external
storage outside any work register, add these operands and put the result back in
storage. The addressing mode which yields the shortest execution time shall be
used. The result of the add operation shall be stored in either the same location as
one of the addends or in some other location. This choice shall be made to give the
shortest execution time at the highest specified clock frequency.

'speed-power dissipation product'-

The product of the 'speed' and the typical power dissipation which shall be taken
at the clock frequency used in the 'speed' computation. The typical power
dissipation may be any of the following, but must be the lowest value specified:
(a) The specified typical internal power dissipation;
(b) One half the maximum internal power dissipation;
(c) The product of the nominal supply voltage and typical total supply current; or
(d) One half of the product of the nominal supply voltage and maximum total
supply current.





'substrate'-
A sheet of base material with or without an interconnection pattern and on which
or within which 'discrete components', integrated circuits or both can be located.
'user-accessible microprogramniability'-
The facility allowing a user to insert, modify or replace 'microprogrammes'.
'user-accessible programmability'-
The facility allowing a user to insert, modify or replace 'programmes' by means
other than:

(a) A physical change in wiring or interconnections; or

(b) The setting of function controls including entry of parameters.

IL 1565 Electronic computers, 'related equipment', equipment or systems containing electronic
computers, and technology therefor, as follows; and specially designed components and
accessories for these electronic computers and 'related equipment';
(For the embargo status of 'software', see Item IL 1566)
Technical Notes:
1. Electronic computers, and 'related equipment' are categorized as follows:
'analogue computer'-
Equipment which can, in the form of one or more continuous variables:
(a) Accept data;
(b) Process data; and
(c) Provide output of data.
'digital computer'-
Equipment which can, in the form of one or more discrete variables:
(a) Accept data;
(b) Store data or instructions in fixed or alterable (writable) storage devices;
(c) Process data by means of a stored sequence of instructions which is
modifiable; and

(d) Provide output of data.

Note:
Modifications of a stored sequence of instructions include replacement of fixed
storage devices, but not a physical change in wiring or interconnections.
'hybrid computer'-

Equipment which can:

(a) Accept data;
(b) Process data, in both analogue and digital representations; and
(c) Provide output of data.
'related equipment'-
Equipment 'embedded' in, 'incorporated' in, or 'associated' with electronic
computers, as follows:

(a)Equipment for interconnecting 'analogue computers' with 'digital
computers';

(b)Equipment for interconnecting 'digital computers';

(c)Equipment for interfacing electronic computers to 'local area networks'
or to 'wide area networks';

(d)Communication control units;

(e)Other input/output (I/O) control units;

(f)Recording or reproducing equipment referred to Item IL 1565 by Item IL
1572;

(g)Display; or

(h)Other peripheral equipment.





Note:

'Related equipment' which contains an 'embedded' or 'incorporated'
electronic computer, but which lacks 'user-accessible programmability', does not
thereby fall within the definition of an electronic computer.

2. This Item includes:

(a) Assemblies, modules, or printed circuit boards with mounted components
referred to this Item by Item IL 1564;

(b) Assemblies of materials or thin film devices or devices containing them
referred to this Item by Item IL 1588.
(c) Central processing unit-'main storage' combinations;
(d) Digital differential analyzers (incremental computers); and
(e) Processors for stored-programme control.

(This ends the Technical Notes. For a complete list of definitions of terms used in this
Item, see Note 16 below.)

2. Listed as follows:

(a)'Analogue computers' and 'related equipment' therefor, which are designed or
modified for use in airborne vehicles, missiles, or space vehicles and rated for
continuous operation at temperatures from below 228K (-45oC) to above 328K
(+ 55'C);

(b)Equipment or systems containing 'analogue computers' embargoed by sub-item (a);

(c)'Analogue computers' and 'related equipment' therefor, other than those
embargoed by sub-item (a), except those which neither:

(1)Are capable of containing more than 20 summers, integrators, multipliers or
function generators; nor

(2) Have facilities for readily varying the interconnections of such
components;

(d)'Hybrid computers' and 'related equipment' therefor, with all the followin
characteristics:

(1) The analogue section is embargoed by sub-item (c);

(2)The digital section has an internal fixed or alterable storage of more than 2048 bit; and

(3)Facilities are included for processing numerical data from the analogue
section in the digital section or vice versa;

(e)'Digital computers' or embargoed 'analogue computers' containing equipment
for interconnecting 'analogue computers' with 'digital computers';

(f)'Digital computers' and 'related equipment' therefor, with any of the following
characteristics:


(1) Designed or modified for use in airborne vehicles, missiles or space vehicles
and rated for continous operation at temperatures from below 228K (-45oC)
to above 328K (+ 55'C);

(2) Designed or modified to limit electromagnetic radiation to levels much less
than those required by government civil interference specifications;

(3) Designed as ruggedized or radiation-hardened equipment and capable of
meeting military specifications for ruggedized or radiation-hardened
equipment; or

(4) Modified for military use;

(5)Designed or modified for certifiable multi-level security or certifiable user
isolation applicable to government classified material or to applications
requiring an equivalent level of security;

(g) Equipment or systems containing 'digital computers' embargoed by sub-item (f);

(h)'Digital computers' and 'related equipment' therefor, other than those
embargoed by sub-items (e) or (j), even when 'embedded' in, 'incorporated' in,
or 'associated' with equipment or systems;






Note:

The embargo status of these 'digital computers' and 'related equipment'
therefor is governed by the appropriate Item provided:

(a) They are 'embedded' in other equipment or system;

(b) The other equipment or systems are described in other Items in these
Lists; and

(c)The technology for these 'digital computers' and 'related equipment' is
governed by sub-item (j) below.

(l) Including 'digital computers' and 'related equipment', as follows:

(i) Designed or modified for:

Note:

'Digital computers' and 'related equipment' containing equipment,
devices or logic control for the following functions are also included.

(a) 'Signal processing';

(b) 'Image enhancement';

(c) 'Local area networks';

Note:

For the purpose of this sub-item, data communication systems when
located within a single piece of equipment (e.g. television set, car),
are not considered to be designed or modified for 'local area
networks'.

(d) 'Multi-data-stream processing';

Note:

For the purpose of this sub-item, 'digital computers' and 'related equipment' are not considered to be designed or modified for
'multi-data-stream processing', if they:

(a)Utilize staged (pipelined) instruction interpretation for
conventional single instruction-single data sequence processing;
or

(b) Have an arithmetic unit implemented with bit-slice
microprocessor microcircuits.

(e) Combined recognition, understanding and interpretation of image,
continuous (connected) speech or connected word text other than
'signal processing' or 'image enhancement' described in sub-item
(h)(1)(i)(a) or (b);

(f) 'Real time processing' of sensor data:

(1)Concerning events occurring outside the 'computer using
facility', and

(2)Provided by equipment embargoed by Items IL 1501,
1502,1510 or 1518;

Note:
This does not include digital radar signal processing by equipment
which is:

(a)Embargoed by Item IL 1501(c)(2)(vi) only, for which the
conditions of Item IL 1501 apply; or

(b)Freed from embargo by the two year limit in Item IL
1501(c)(2)(vii).

(g) Microprocessor or microcomputer development systems;

Note:

For microprocessor or microcomputer development systems, see
Item IL 1529(b)(6)(ii).

(h) 'Fault tolerance';

Note:
For the purpose of this sub-item, 'digital computer' and 'related
equipment' are not considered to be designed or modified for 'fault
tolerance', if they utilize:





(a) Error detection or correction algorithms in 'main storage';

(b)The interconnection of two 'digital computers' so that, if
the active central processing unit fails, an idling but mirroring
central processing unit can continue the system's functioning;

(c)The interconnection of two central processing units by data
channels or by use of shared storage to permit one central
processing unit to perform other work until the second central
processing unit fails, at which time the first central processing
unit takes over in order to continue the system's functioning; or

(d) The synchronization of two central processing units by 'software'
so that one central processing unit recognizes when
the other central processing unit fails and recovers tasks from
the failing unit.

(i) Not used.

(j) 'User-accessible microprogrammability':

Note:
For the purpose of this sub-item, 'digital computers' and 'related
equipment' are not considered to be designed or modified
for 'user-accessible microprogrammability'; if this facility is limited to:

(a) Loading, reloading or inserting of 'microprogrammes',
provided by the supplier; or

(b) Simple loading of 'microprogrammes', which may or may not
be provided by the supplier, but which are neither designed to be
accessible to the user nor accompanied by training or 'software' for user
accessibility.

(k) 'Data (message) switching;
(l) 'Stored programme controlled circuit switching'; or

(m) 'Wide area networks';


(a) Size, weight, power consumption and reliability or other characteristics
(e.g. bubble memory), which allow easy application in
mobile tactial military systems; and

(b) Ruggedized above the level required for a normal commercial/office
environment, but not necessarily up to levels specified in sub-item (f);

(2) Except:

(i) 'Digital computers' or 'related equipment' therefor, provided:

(a) They are 'embedded' in other equipment or systems;
Note:
This does not preclude input/output control unit-disk drive
combinations having all the following characteristics:

(1) A 'total transfer rate' not exceeding 5.5 million bit per second;
(2) Total connected 'net capacity' not exceeding 200 million bit;
(3) No more than one independent drive; and
(4) A 'total access rate' not exceeding 40 accesses per second;

(b)They are not the 'principal element' of the other equipment or
systems in which they are 'embedded';

(c) The other equipment or systems are not described by other Items in
these Lists;

(d) They have been designed and used for non-strategic applications;

(e)They are, by nature of design or performance, restricted to the
particular application for which they have been designed,

(f) The 'total processing data rate' of any one 'embedded' 'digital
computer' does not exceed 43 million bit per second;





(g)The sum of the 'total processing data rate' of each 'embedded'
'digital computer' does not exceed 100 million bit per second;

(h)They do not include equipment or systems embargoed by Item IL
1519(c) or by Item IL 1567;

(i)Not used;

(j)They do not include equipment described in sub-item (h)(1)(i)(a)
to (m), other than for: /

(1)'Signal processing' or 'image enhancement' when lacking
'user-accessible programmability' and when 'embedded' in
medical imaging equipment; or

(2)'Local area networks' implemented by using integral inter-
faces designed to meet ANSI/IEEE Std 488-1978 or IEC
Publication 625-1;

(ii) 'Digital computers','related equipment' therefor, provided:

(a)They are 'incorporated' in other equipment or systems;

(b)They are not the 'principal element' of the other equipment or
systems in which they are 'incorporated';

(c)The other equipment or systems are not embargoed by other Items
in these Lists;

(d)The 'total processing data rate' of any one 'incorporated' 'digital
computer' does not exceed 15 million bit per second;

(e)The 'total internal storage available to the user' does not exceed
9.8 million bit; and

(f)They do not include embargoed 'related equipment' other than
input/output control unit---disk drive combinations having all of
the follownsg characteristics:

(1)A 'Total transfer rate' not exceeding 5.5 million bits per
second;

(2)A total connected 'net capacity' not exceeding 200 million
bits;

(3)No more than one independent drive; and

(4)A 'total access rate' not exceeding 40 accesses per second;

(g)They do not include equipment or systems embargoed by Item IL
1519(c) or by Item IL 1567;

(h)They do not include equipment described in sub-item (h)(1)(ii);

(i)Not used;

(j)They do not include equipment described in sub-item (h)(1)(i)(a)
to (m), other than for:

(1)'Signal processing' or 'image enhancement' when lacking
'user-accessible programmability' and when 'embedded' in
medical imaging equipment; or

(2)'Local area networks' implemented by using integral
interfaces designed to meet. ANSI/MEE Std 488-1978 of IEC
Publication 625-1;

Note:

'Digital computers' or 'related equipment' 'incorporated' in
equipment exportable under the provisions of Items IL 1501,
1502, 1510 or 1518, which are for internal functions which
incidentally might be considered to be described by subitem
(h)(1)(i)(f), are exportable as part of that equipment. 'Digital
computers' or 'related equipment' for the 'real-time
processing' of the outputs of the equipment embargoed by
Items IL 1501, 1502, 1510 or 1518 and for Air Traffic
Control systems are covered by this Item.





(iii) 'Digital computers' other than those described in sub-item (h)(1) above,
and 'related equipment', having all the following characteristics:

(a)Shipped as complete systems;

(b)Designed and announced by the manufacturer for identifiable civil
use;

(c)Not specially designed for any equipment embargoed by any other
Item in these Lists;

(d)'Total processing data rate' not exceeding 6.5 million bit per
second;

(e)'Total internal storage available to the user' not exceeding 6.2
million bit; and

(f)They do not include a central processing unit implemented with
more than two microprocessor or microcomputer microcircuits;

Note:
This limit does not include any dedicated microprocessor or
microcomputer microcircuit used soley for display, keyboard or
input/output control, or any bit-slice microprocessor microcircuit.

(g)They do not include a microprocessor or microcomputer microcircuit
with more than 16-bit word length or a bus architecture with more
than 16 bit;
(h)They do not include analogue-to-digital or digital-to-analogue
converter microcircuits:

(1)Exceeding the limits of Item 1568(k); and
(2)Not for direct driven video monitors for normal commercial
television;

(i)Not used;

(j)They do not include embargoed 'related equipment' other than input/output
control unit-disk drive combinations having all of the following
characteristics:
(1) A 'total transfer rate' not exceeding 5.5 million bits per second;
(2) A total connected 'net capacity' not exceeding 200 million bits;
(3) No more than one independent drive; and
(4) A 'total access rate' not exceeding 40 accesses per second;

(k)They do no include equipment embargoed by Item IL 1519(c) or by
Item IL 1567;

(iv)Peripheral, equipment, as follows, provided it lacks 'user-accessible
programmability':

(a)Card punches and readers;

(b)Paper tape punches and readers;

(c)Manually operated keyboards and teletype devices;

(d)Manually operated graphic tablets not having more than 1024
resolvable points along any axis;

(e)Impact printers;

(f)Non-impact printer, not embargoed by Item IL 1572(b) or (c),
which do not exceed:

(1) 2000 lines (30 pages) per minute; or

(2) 600 characters per second;

(g) Plotting equipment, not embargoed by Item IL 1572(b) or (c),
producing a physical record by ink, photographic, thermal, or
electrostatic techniques, which has:

(1)A liner accuracy worse than or equal to + 0.004 per cent; and

(2)An active plotting area less than or equal to 1700 nun (66.9
inch) by 1 300 mm (51.2 inch);





(h) Digitizing equipment, generating rectilinear coordinate data by
manual or semi-automatic tracing of physical records, which has:

(1)A linear accuracy worse than or equal to +0.004 per cent; and
(2)An active digitizing area less than or equal to 1700 mm
(66.9 inch) by 1 300 mm (51.2 inch);
(i) Not used;
(j) Optical mark recognition (OMR) equipment;
(k) Optical character recognition (OCR) equipment which:

(1)Does not contain 'signal processing' or 'image enhancement'
equipment; and

(2)Is only for:
(i) Stylized OCR characters;

(ii) Other internationally standardized stylized character fonts;

or
(iii) Other characters limited to non-stylized or hand printed
numerics and up to 10 hand-printed alphabetic or other
characters;

(l) Cathode-ray tube displays for which circuitry and character-
generation devices, external to the tube, limit the capabilities to:

(1)Alpha-numeric characters in fixed formats;

(2)Graphs composed only of the same basic elements as used for
alpha-numeric character composition; or
(3)Graphic displays for which the sequence of symbols and basic
elements of symbols are fixed;

(m) Cathode-ray tube graphic displays, not containing cathode-ray tubes
embargoed by Item IL 1541, which are limited as follows:

(1) The 'maximum bit transfer rate' from the electronic computer
to the display does not exceed 9 600 bit per second;

Note:
Direct driven video monitors are excluded from this limitation.

(2) Not more than 1024 resolvable elements along any axis; and

(3) Not more than 16 shades of grey or colour;

(n)Cathode-ray tube graphic displays, not containing cathode-ray tubes
embargoed by Item IL 1541, provided they are:
(1) Part of industrial or medical equipment; and

(2) Not specially designed for use with electronic computers;

(o)Graphic displays specially designed for signature or security
checking having an active display area not exceeding 150 cm 2
(23.25 inch 2);

(p)Other displays provide that:

(1)Circuitry and character-generation devices external to the display
device (e.g. panel, tube) and the construction of the
display device limit the capabilities to:

(i) Alpha-numeric characters in fixed formats;

(ii) Graphs composed only of the same basic elements as used
for alpha-numeric character composition; or

(iii) Graphic displays for which the sequence of symbols and
basic elements of symbols are fixed; and

(2) They are limited to:

(i) A capability for displaying no more than 3 levels (off,
intermediate and full on); and





(ii) A minimum character height of not less than:

(a) 5.5 mm (0.22 inch) if the area is 1200 CM 2 (186 inch
2) or less; or

(b) 20 mm (0.79 inch) if the area is more than 1200 cm 2
(186 inch 2); and

(3)They do not have as an integral part of the display device:
(i) Circuitry; or
(ii) Non-mechanical character-generation devices;

(q) Light gun devices or other manual graphic input devices which are:

(1) Part of unembargoed displays; and

(2) Limited to 1 024 resolvable elements along any axis;

(r) Disk drives for non-rigid magnetic media (floppy disks) which do
not exceed:

(1) A 'gross capacity' of 17 million bit;
(2) A 'maximum bit transfer rate' of 0.52 million bit per second; or
(3) An 'access rate' of 12 accesses per second;

(s) Cassette/cartridge tape drives or magnetic tape drives which do not
exceed:
(1) A 'maximum bit packing density' of 131 bit per mm (3 300 bit
per inch) per track; or
(2) A' maximum bit transfer rate' of 2.66 million bit per second;

(v) Input/output interface or control units, as follows, provided they
lack 'user-accessible programmability':

(a)Designed for use with peripheral equipment free from embargo
under sub-item (h)(2)(iv) above; or

(b)Designed for use with digital recording or reproducing equipment
specially designed to use magnetic card, tag, label or bank cheque
recording media, free from embargo according to Item IL 1572(a)(ii);

(i) Not used;

(j) Technology, as follows:

(1) Technology applicable to the:

(i) Development, production or use (i.e. installation, operation and
maintenance) of electronic computers or 'related equipment', even if these
electronic computers or 'related equipment' are not embargoed by this
Item; except

(a) Technology which is unique to 'related equipment' free from
embargo under sub-item (h)(2)(iv)(a) to (c), (e), (f), (l), (n), (p) or (q)
and which is not otherwise embargoed by any other Item in these List; or

(b) The minimum technical information necessary for the use of
electronic computers or 'related equipment' free from embargo; or

(ii) Development, production or use of equipment or systems embargoed by
sub-item (b) or (g); or

(2) Technology for the integration of:

(i) Embargoed electronic computers or embargoed 'related equipment'
into other equipment or systems whether or not the other equipment
or systems are embargoed; or

Note:
Nothing in the above should be construed to embargo technology for the
integration which is unique to the other equipment or systems if they are
free from embargo.
(ii) Unembargoed electronic computers or unembargoed 'related equipment'
into embargoed equipment or systems.

Note:
This does not, however, release from embargo the technology for the
integration of electronic computers or 'related equipment' which are freed
from embargo only by sub-item (h)(2)(i) or only by sub-item (h)(2)(ii).

Notes:
1. Not used.
2. Not used.
3. Not used.
4. Not used.
5. Not used.
6. Not used.
7. Not used.
8. Not used.
9. Not used.
10. Not used.
11. Not used.
12. Not used.
13. Not used.
14. Not used.
15. Not used.
16. Definitions of terms used in this Item
'access rate'-
(a) Of an input/output control unit---drum or disk drive combination (Rad)---
Either the 'access rate' of an input/output control unit (Rac) or the sum of
the individual 'access rates' of all independent seek mechanisms (Ras),
whichever is smaller.

Thus Rad = min (Rac; SUM Ras);

(b) Of an input/output control Unit (Rac)-
(1) With rotational position sensing(rps),
the sum of the individual 'access
rates' of all independent seek mechanisms (Ras) connected to the
control unit.

Thus Rac = SUM Ras (with rps); or

(2) Without rotational position sensing (rps), the number (C) of
independent read/write channels connected to the control unit divided
by the least 'latency time' (tlmin.) of any connected independent seek
mechanism.

Thus: Rac = C / tlmin (without rps)

(c)Of a seek mechanism (Ras)-

The reciprocal of the 'average access time' (taa) of the seek
mechanism.

Thus: Ras = 1/taa

'average access time' of seek mechanism (taa)-

The sum of the 'average seek time' (taa) and the 'latency time' (tl).
Thus: taa = tsa + tl

'average seek time' (tsa)-

The sum of the 'maximum seek time' (tsmax) and twice the'minimum seek
time' (tsmin), divided by three.

Thus: tsa = tsmax + 2tsmin / 3








'maximum seek time' tsmax)--
(1) For fixed head devices, it is zero; or
(2) For moving head or moving media devices, the rated time to move
between the two most widely separated tracks.
'minimum seek time' (tstmin)--
(1) For fixed head devices, it is zero; or
(2) For moving head or moving media devices, the rated time to move from
one track to an adjacent track.
'latency time' (tl)-
The rotational period divided by twice the number of independent read/write
heads per track.
'analogue computer'-
Equipment which can, in the form of one or more continuous variables:
(a) Accept data;
(b) Process data; and
(c) Provide output of data.

'associated' with equipment or systems-
(a) Can feasibly be either.

(i) Removed from such equipment or systems; or
(ii) Used for other purposes; and

(b) Is not essential to the operation of such
equipment or systems.

'communication channel'
The transmission path or circuit including the terminating
transmission and receiving equipment (modems) for transferring digital
information between distant locations.

'computer operating area'

The immediate contiguous, and accessible area around the electronic computer,
where the normal operating, support and service functions take place.

'computer using facility' -

The end-users configuous and accessible facilities:

(a)Housing the 'computer operating area' and those end-user functions which are
being supported by the stated application of the electronic computer and its
'related equipment'; and

(b) Not extending beyond, 1 500 metres in any direction from the centre of the
'computer operating area'.

'cumulative total processing data rate'-
The sum of all 'total processing data rates' in a given transaction.
'data device'-
Equipment capable of transmitting or receiving sequences of digital information.
'data (message) switching'-
The technique, including but not limited to store-and-forward or packet switching,
for:
(a) Accepting data groups (including messages, packets, or other digital or
telegraphic information groups which are transmitted as a composite whole);

(b) Storing (buffering) data groups as necessary;

(c) Processing part or all of the data groups, as necessary, for the purpose of:
(1) Control (routing, priority, formatting, code conversion, error control,
retransmission or journaling);
(2) Transmission; or
(3) Multiplexing; and

(d)Retransmitting (processed) data groups when transmission or receiving
facilities are available.





'data signalling rate'-

The rate as defined in ITU Recommendation 53-36, taking into account that,
for non-binary modulation, baud and bit per second are not equal. Binary digits
for coding, checking, and synchronization functions are included.

N.B.
It is the maximum one-way rate, i.e. the maximum rate in either transmission or
reception.

'digital computer'
Equipment which can, in the form of one or more discrete variables:
(a) Accept data;
(b) Store data or instructions in fixed or alterable (writable) storage devices;
(c) Process data by means of a stored sequence of instructions which is
modifiable; and
(d) Provide output of data.
N.B.
Modifications of a stored sequence of instructions include replacement of fixed
storage devices, but not a physical change in wiring or interconnections.

'embedded' in equipment or systems-
Can feasibly be neither:
(a) Removed from such equipment or systems; nor
(b) Used for other purposes.

'equivalent multiply rate'

The maximally achievable number of multiplication operations which can be
performed per second considering that, in the case of simultaneous multiplication
operations, all multiplication rates have to be summed in order to arrive at the
'equivalent multiply rate':
(a) Assuming
(1) Optimal operand locations in the 'most immediate storage'; and
(2) Operand lenghts at least 16 bit, or more if this allows for faster operation;
and

(b)Neglecting

(1) Set-up operations;
(2) Pipeline filling operations;
(3) Initialization;
(4) Interrupts; and
(5) Data reordering times.
N.B.
Simultaneous multiplication operations can occur because of:
(a) Multiple arithmetic units for operations such as complex multiplication,
convolution or recursive filtering;
(b) Parallel pipelining;
(e) More than one arithmetic unit in one data processing unit; or
(d) More than one data processing unit in one system.
'fault tolerance'-

The capability to perform correctly without human intervention after failure of
any 'assembly', so that there is no single point in the system the failure of which
could cause catastrophic failure of the system's functioning.

'assembly'-

A number of components (i.e. circuit elements, discrete components,
microcircuits) connected together to perform a specific function or functions,
replaceable as an entity and normally capable of being disassembled.





'firmware'-

See 'microprogramme'

'gross capacity'

The product of'

(a)The maximum number of binary digit (bit) positions per unformatted track;
and

(b) The total number of tracks including spare tracks and tracks not accessible
to the user.

'hybrid computer'-
Equipment which can:
(a) Accept data;
(b) Process data, in both analogue and digital representations; and
(c) Provide output data.
'image digitizer'-

A device for directly converting an analogue representation of an image into
a digital representation.
'image enhancement'-
The processing of externally derived information-bearing images by algorithms
such as time compression, filtering extraction, selection, correlation, convolution
or transformations between domains (e.g. Fast Fourier Transform or Walsh
Transform). This does not include algorithms using only linear or rotational
transformation of a single image, such as translation, feature extraction,
registration or false colouration.

'incorporated' in equipment or systems-

(a) Can feasibly be either:

(i) Removed from such equipment or systems; or
(ii) Used for other purposes; and

(b) Is essential to the operation of such equipment or systems.

'local area network'- :

A data communicatioin system which:

(a)Allows an arbitrary number of independent 'data devices' to communicate
directly with each other; and

(b)Is confined to a geographical area of moderate size (e.g. office building, plant,
campus, warehouse).

'main storage'-
The primary storage for data or instructions for rapid access by a central
processing unit. It consists of the internal storage of a 'digital computer' and any
hierarchical extension thereto, such as cache storage or non-sequentially accessed
extended storage.
'maximum bit packing density'--

The density of recording specified in accordance with the appropriate ANSI or
ISO Standard (eg ANSI X3, 14-1979, ISO 1862-1975; ANSI X3.22-1973; ISO
1873-1976; ANSI X3,39-1973; ISO 3788-1976; ANSI X3.48-1977; ISO 3407-1976;
ANSI X3 56-1977 ISO 4057-1979; ANSI X3.54-1976).
maximum bit transfer rate'-

(a) Of a drum or disk drive (Rtdmax) is the product of:
(1) The in maximum number of binary digit (bit) positions per unformatted
track; and

(2) The number of tracks which simultaneously can be read or written, divided by the rotational period;

(b) Of a magnetic tape drive (Rttmax), is the product of:

(1) The 'maximum bit packing density';

(2) The number of data bits per character (ANSI) or per row (ISO); and

(3) The maximum tape read/write speed.





'microprogramme'-
A sequence of elementary instructions, maintained in a special storage, the
execution of which is initiated by the introduction of its reference instruction into
an instruction register.

'most immediate storage'-

The portion of the 'main storage' most directly accessible by the central
processing unit:

(a) For single level 'main storage', this is the internal storage; or
(b) For hierarchial 'main storage', this is:
(1) The cache storage;
(2) The instruction stack. or
(3) The data stack.

'multi-data-stream processing
The 'microprogramme' or euipment architecture technique which permits pro-
cessing two or more data sequences under the control of one or more instruction
sequences by means such as:

(a) Parallel processing; or
(b) Structured arrays of processing elements.

'net capacity'-

Of a drum, disk or cartridge-type streamer tape drive, or a bubble memory:

The total capacity designed to be accessible to the 'digital computer' excluding
error control bits.

'non-volatile storage'

A storage device the contents of which are not lost when power is removed.
'other peripheral device'-

A 'data device' which is:

(a)Peripheral to a central processing uint-'main storage' combination; and
(b)Not an input/output control unit-drum, disk or magnetic tape drive or
bubble memory combination.
'principal element'-
A 'didtal computer' or 'related equipment' which is:
(a)Either 'embedded' or 'incorporated' in another equipment or system; and
(b)In replacement value more than 35 per cent of the replacement value of the
total equipment system, i.e. including the 'digital computer' or 'related
equipment'.
'programme'-
A sequence of instructions to carry out a process in, or convertible into, a form
executable by an electronic computer.
'real time processing'--
Processing of data by an electronic computer in response to an external event
according to time requirements imposed by the external event.
'related equipment'-
Equipment 'embedded' in, 'incorporated' in, or 'associated' with electronic
computers, as follows:
(a)Equipment for interconnecting 'analogue computers' with 'digital
computers';
(b)Equipment for interconnecting 'digital computers';
(c)Equipment for interfacing electronic computers to 'local area networks' or to
'wide area networks';
(d) Communication control units;







(e) Other input/output(I/O) control units;
(f) Recording or reproducing equipment referred to Item IL 1565 by Item
IL 1572;
(g) Displays; or
(h) Other peripheral equipment.
N.B.
'Related equipmenC which contains an 'embedded' or 'incorporated' electronic
computer, but which lacks 'user-accessible programmability', does not thereby
faill within the definition of an electronic computer.

'signal processing'

The processing of externally derived information-bearing signals by algorithms
such as time compression, filtering, extraction, selection, correlation,
convolution or transformations between domains (e.g. Fast Fourier Transform or
Walsh Transform).

'software'-

A collection of one or more 'programmes' or 'microprogrammes' fixed in any
tangible medium of expression.

'stored-programme-controlled circuit switching'

The technique for establishing, on demand and until released, a direct (space-division
switching) or logical (time-division switching) connection between circuits
based on switching control information derived from any source or circuit and
processed according to the stored 'programme' by one or more electronic
computers.

'terminal device'-

A 'data device' which:

(a) Does not include process control sensing and actuating devices; and
(b) Is capable of.

(1) Accepting producing a physical record;
(2) Accepting a manual input; or
(3) Producing a visual output.
N.B.

Normal groupings of such equipment (e.g. a combination of paper tape punch/
reader and printer), connected to a single data channel or 'communication
channel', shall be considered as a single 'terminal device'.

'total access rate' (Ratot)-
The sum of the individual 'access rates' of all input/output control unit-drum or
disk drive combinations (Rad) provided with the system which can be sustained
simultancously assuming the configuration of equipment which would maximize
this 'total access rate'.

Thus: Ratot=SUM Rad

'total connected capacity'-

The storoge capacity excluding error control bits, word marker bits, and flag bits.

'total data signalling rate'-
The sum of individual 'data signalling rates' of all 'communication channels'
which:

(a) Have been provided with the system; and

(b) Can be sustained simultaneously assuming the configuration of the
equipment which would maximize this sum of rates.

'total internal storage available to the user'
The sum of the individual capacities of all internal user-alterable or user-
replaceable storage devices, which may be:
(a) Included in the equipment at the same time; and
(b) Used to store 'software' instructions or data.





'total processing data rate' --

(a) Of a single central processing unit, is its 'processing data rate';

(b)Of multiple central processing units which do not share direct access to a
common 'main storage', is:

The individual 'processing data rate' of each central processing unit, ie, each
unit is separately treated as a single central processing unit as in (a) above;
or

(c) Of multiple central processing units, which partially or fully share direct
access to a common 'main storage' at any level, is the sum of:

(1) The highest of the individual 'processing data rates' of all central
processing units; and 7

(2)0.75 times the 'processing data rate' of each remaining central
processing unit, sharing the same 'main storage';

assuming the configuration of equipment, which would maximize this sum of
rates.

'processing data rate'-

The maximum of either:

(a) the 'floating point processing data rate' (Rf); or

(b) The 'fixed point processing data rate' (Rx).

NB
The 'processing data rate' of a central processing unit implemented with two
or more microprocessor microcircuits, not including any dedicated micropro-
cessor microcircuit used solely for display, keyboard or input/output control,
is the sum of the individual 'processing data rates' of all these microprocessor
microcircuits.

'floating point processing data rate (Rf)--

The sum of.

(1) 0.85 times the 'number of bits in a fixed point instruction' (nix)or
0.85 times the 'number of bits in a floating point instruction' (nif), if no
fixed point instructions are implemented;

(2) 0.15 times the 'number of bits in a floating point instruction' (nif);

(3)0.40 times the 'number of bits in a fixed point operand' (nox)or O.4O times
the number of bits in a floating point operand' (nof), if no fixed point
instructions are implemented; and

(4) 0.15 times the 'number of bits in a floating point operand' (nof);

divided by the sum of:
(1) 0.85 times the 'execution time' for a fixed point addition (tax) or for a
floating point addition (taf), if no fixed point instructions are
implemented;

(2) 0.09 times the 'execution time' for a floating point addition (taf); and

(3)0.06 times the 'execution time' for a floating point multiplication (tmf) or
for the fastest available subroutine (tmsub) to simulate a floating point
multiplication instruction, if no floating point multiplication instructions are implemented.

Thus:
Rf= (0.85)nix+(0.15)nif+(0.40)nox+(0.15)nof / (0.85)tax+(0.09)taf+(0.06)tmf

or if fixed point instructions are implemented then:

Rf= (1.00)nif +(0.55)nof/(0.94)taf+(0.06)tmf

or if no floating point multiplication instructions are implemented (tmf= tmsub)
then:
Rf = (0.85)nix+(0.15)nimf+(0.40)nox+(0.15)nof/ (0.85)tax+(0.09)taf+(0.06)tmsub

NB:
if a 'digital computer' has neither floating point addition nor floating point
multiplication instructions, then its 'floating point processing data rate' is
equal to zero.





'fixed point processing data rate' (Rk)

The sum of.

(1) 0.85 times the 'number of bits in a fixed point adtitn instruction' (nlax);

(2) 0.15 times the 'number of bits in a fixed point multiplication instruction'
(nimx); and

(3) 0.55 times the 'number of bits in a fixed point operand' (nox)

divided by the sum of:

(1) 0.85 times the 'execution time' for a fixed point addition (tax); and

(2) 0.15 times the 'execution time' for a fixed point multiplication (tmx)
or for the fastest available subroutine (tmsub) to simulate a fixed point
multiplication instruction if no fixed point multiplication instructions
are implemented.

Thus:

Rx= (0.85)niax+(0.15)nimx+(0.55)nox / (0.85)tax+(0.15)tmx

or if no fixed point multiplication instructions are implemented (tmx = 1msub) then:

Rx (0.85)nimx+(0.15)nimx +(0.55)nox / (0.85)tnx+(0.15)tmxub,

N.B.:
If a 'digital computer' has neither fixed point addition nor fixed point
multiplication instructions, then its 'fixed point processing data rate' is equal to
zero.

'number of bits in a:

Fixed point addition instruction' (niax)
Fixed point multiplication instruction (nimx)
Floating point addition instruction' (ninf)
Floating point multiplication instruction' (nimf)

The appropriate shortest single fixed or floating point
instruction length which permits full direct addressing of the 'main storage'.

NB:

1 .When multiple instructions are required to simulate an appropriate single
instruction, the number of bits in the above instructions is defined as
16 bits plus the number of bits (biax, bimx, biaf, bimf) which permits full
direct addressing of the 'main storage'.

Thus:
niax = 16 + biax;

nimx = 16 + bimx;

niaf = 16 + biaf;

nimf = 16 + bimf;

2. If the addressing capability of an instruction is expanded by using a base
register, then the 'number of bits in an instruction, fixed or floating point,
addition or multiplication' is the number of bits in the instruction with
the standard address length including the number of bits necessary to use
the base register.

'number of bits in a fixed point operand' (nox)-
(a) The shortest fixed point operand length; or
(b) 16 bit;
whichever is greater.

'number of bits in a floating point operand' (nof)
(a) The shortest floating point operand length; or
(b) 30 bit;
whichever is greater.






'execution time'

(a) The time certified or openly published by the manufacturer for the
execution of the fastest appropriate instruction, under the following
conditions:
(1) No indexing or indirect operations are included;
(2) The instruction is in the 'most immediate storage';
(3)One operand is in the accumulator or in a location of the 'most
immediate storage', which is acting as the accumulator;
(4) The second operand is in the 'most immediate storage'; and
(5) The result is left in the accumulator or the same location in the
'most immediate storage', which is acting as the accumulator;
(b) If only the maximum and minimum execution times of the instructions
are published, the sum of:
(1) The maximum execution time of an instruction (tmax); and
(2) Twice the minimum execution time of this instruction (tmin);

Divided by three
Thus: t = tmax + 2tmin/3

(t stands for any of the values tax, taf, tmx, or tmf);

(d)For central processing units which simultaneously fetch more than one
instruction from one storage location:

The average of the 'execution times' when executing instructions fetched
from all possible locations within the stored word.

(e)If the longest fixed point operand length is smaller than 16-bit, then use
the time required for the fastest available subroutine to simulate a 16 bit
fixed point operation.

N.B.

1 .If the addressing capability of an instruction is expanded by using a base register,
then the 'execution time' shall include the time for adding the content
of the base register to the address part of the instruction.

2. When calculating 'processing data rate' for computers with cache sizes
smaller than 64K Bytes, the 'execution time' of the appropriate instruc-
tions will be calculated as follows:
(cache hit rate) x ('execution time' when both instruction and operand
are in cache storage)+ (1 -cache hit rate) x ('execution time' when
neither instruction nor operand are in cache storage),

The cache hit rate being:
1.00 for cache size of 64K Byte
0.95 for cache size of 32K Byte
0.90 for cache size of 16K Byte
0.85 for cache size of 8K Byte
0.75 for cache size of 4K Byte
'total transfer rate'-

(a) Of the input/output control unit-drum, disk or cartridge-type streamer tape
drive combinations (Rtdtot):

The sum of the individual 'transfer rates' of all input/output control
unit-drum, disk or cartridge-type streamer tape drive combinations (rtd)
provided with the system which can be sustained simultaneously assuming
the configuration of equipment which would maximize this sum of rates.

Thus: Rtdtot = SUM Rtd;

'transfer rate'-

(1)Of an input/output control unit-drum or disk drive combination (Rtd),
the smaller of either:

N.B.
For the 'transfer rate' of an input/output control unit-cartridge-type
streamer tape drive combination, see (b) below.






(i) The input/output control unit 'transfer rate' (Rtc'); or

(ii) The sum of the individual 'transfer rates' of all independent seek
mechanisms (Rts)-
Thus: Rtd = min (Rw; SUM Rts);

(2) Of an input/output control unit (Rtc):

(i) With rotational position sensing (rps), is the product of:
(a) The number of independent read/write channels(C): and
(b) The greatest 'maximum bit transfer rate' (Rtsmaxmax) of all
independent seek mechanisms; or

(ii) Without rotational position sensing (rps) is two-thirds of this
product.

Thus:

Rtc = C. Rtxmaxmax (with rps); or
Rtc = 2 C. Rtsmaxmax/3 (without rps);

(3) Of an independent seek mechanism (Rts):
The product of:
(i) The 'maximum bit transfer rate' (Rtsmax); and
(ii) The rotational period (tr);
Divided by the sum of:
(i) The rotational period (tr);
(ii) The 'minimum seek time'(tsmin); and
(iii)The 'latency time' (tl);
Thus: Rts=Rtsmax x tT/tt+tsmin + l1
'minimum seek time' (tsmin)-

(1) For fixed head devices, it is zero; or

(2) For moving head or moving media devices, the rated time to move
from one track to an adjacent track.

'latency time' (ti)

The rotational period divided by twice the number of independent read/write
heads per track.

(b) Of the input/output control unit-magnetic tape drive combinations (rtttot):

The sum of the individual 'transfer rates' of all input/output control unit-
magnetic tape drive combinations (Rtt) provided with the system which can be
sustained simultaneoulvy assuming the configuration of equipment which
would maximize the sum of rates.
Thus: Rutot= SUM Rtt;
'Transfer rate'-

Of an input/output control unit-cartridge-type streamer or magnetic tape
drive combination (Rtt):
The product of:
(1) The number of independent read/write channels (C); and
(2) The greatest 'maximum' bit transfer rate' (Rttmaxmax) of all tape drives.

Thus: Rtt = C. Rttmaxmax

(c)Of the input/output or communication control unit-directly connected data
channel combinations:

The sum of the individual 'transfer rates of all data channels' provided with
the system which can be sustained simultaneously assuming the
configuration of equipment which would maximize this sum of rates.





'transfer rate of any data channel'-

The sum of the individual bit transfer rates of all the 'other peripheral devices',
excluding 'terminal devices', which can be sustained simultaneously on the data
channel.

'user-accessible microprogrammability'-
The facility allowing a user to insert, modify or replace 'microprogrammes'.
'user-accessible programmability'-

The facility allowing a user to insert, modify or replace 'programmes' by means
other than:

(a) A physical change in writing in interconnections; or
(b) The setting of function controls including entry of parameters.
'virtual storage'

The storage space that may be regarded as addressable 'main storage' by the user
of a computer system in which virtual addresses are mapped into real addresses.

NB:
The size of 'virtual storage' is limited by the addressing scheme of the computer
system and not by the actual number of 'main storage' locations.
'wide area network'-
A data communication system which:

(a) Allows an arbitrary number of independent 'data devices' to communicate with
each other;

(b) May include local area network; and

(c) Is designed to interconnect geographically dispersed facilities.

IL 1566 'Software' and technology therefor, as follows

Note:

The embargo status of 'specially designed software' for the use of equipment described
in other Items in these Lists (except Item IL 1565) is dealt with in the appropriate
Item, and the embargo status of 'software' for equipment described in Item IL 1565 is
dealt with in the present Item.

Technical Notes:

1 . 'Software' is defined as follows:
'software'

A collection of one or more 'programmes' or 'microprogrammes' fixed in any
tangible medium of expression.

'programme'
A sequence of instructions to carry out a process in, or convertible into, a form
executable by an electronic computer.

'microprogramme'-

A sequence of elementary instructions, maintained in a special storage, the
execution of which is initiated by the introduction of its reference instruction into
instruction register.

2. Software' is categorized as follows (there is a close relationship and possible
overlap among these categories):

'development system'-

'Software' to develop or produce 'software'. This includes 'software' to manage
those activities. Examples of a 'development system' are programming support
environments, software development environments, and programmer-
productivity aids.

'programming system'-

'Software' to convert a convenient expression of one or more processes ('source
code' or 'source language') into equipment executable form ('object code' or
'object language').





'diagnostic system'-
'Software' to isolate or detect 'software' or equipment malfunctions.
'maintenance system'-

'Software' to:

(a)Modify 'software' or its associated documentation in order to correct faults,
or for other updating purposes; or
(b) Maintain equipment.
,,operating system'-

'Software' to control:

(a) The operation of a 'digital computer' or of 'related equipment'; or
(b) The loading or execution of 'programmes'.
'application software'-

'Software' not falling within any of the other defined categories of 'software'.
3. 'Specially designed softwarC is defined as:

The minimum 'operating systems', 'diagnostic systems', 'maintenance
systems' and 'application software' necessary to be executed on a particular
equipment to perform the function for which it was designed. To make other,
incompatible equipment perform the same function requires:

(a) Modification of this 'software'; or
(b) Addition of 'programmes'.

(This ends the Technical Notes. For a complete list of definitions of terms used in
the Item, see Note 12 below; see also Item IL 1565 for additional definitions relating
to electronic computers.)

Listed as Follows: (a) 'Software' of whatever category, as follows:

(1)'Software' designed or modified for any computer that is part of a computer
series designed and produced within a proscribed area; except 'application
software' designed for and limited to:

(i) Accounting, general ledger, inventory control, payroll, accounts
receivable, personnel records, wages calculation or invoice control;

(5) Data and text manipulation such as sort/merge, text editing, data entry
or word processing;

(iii) Data retrieval from established data flies for purposes of report
generation or inquiry for the functions described in (i) or (ii) above; or

(iv) The non 'real time processing' of pollution sensor data at fixed sites
or in civil vehicles for civil environmental monitoring purposes;

(2) 'Software' designed or modified for the design, development or production

of items embargoed in these Lists;

(3) 'Software' designed or modified for:

(i) Embargoed 'hybrid computers-;

(ii) One or more of the functions described in Item IL 1565(h)(1)(i)(a) to
(j) and (m) or for 'digital computers' or 'related equipment' designed
or modified for such functions, except the minimum 'specially designed
software' in machine-executable form for 'digital computers' and
'related equipment' therefor which are freed from embargo only by
Item IL 1565(h)(2)(i) or (ii), and only when supplied with the
equipment or systems;







(4) 'Software' for computer-aided design, manufacture, inspection or test of

items embargoed in these Lists;

(5)'Software' designed or modified to provide certifiable multi-level security or
certifiable user-isolation applicable to government-classified material or to
applications requiring an equivalent level of security, or 'software' to certify
such 'software';





(b) Categorized 'software' as follows:

(1) 'Development systems' as follows:

(i)'Development systems' employing 'high-level language' and designed
for or containing 'programmes' or 'databases' special to the
development or production of.

(a) 'Specially designed software' embargoed by any other Item in these
Lists;

(b) 'Software' embargoed by sub-items (a)(2) or (c)(3) of this Item;

including any subset designed or modified for use as part of such a
'development system';

(ii) 'Development systems' employing 'high-level language' and designed
for or containing the 'software' tools and 'databases' for the
development or production of 'software' or any subset designed or
modified for use as part of a 'development system' such as, or
equivalent to:

(a) Ada Programming Support Environment (APSE);
(b) Any subset of APSE, as follows:

(1) Kernel APSE;

(2) Minimal APSE;

(3) Ada compilers specially designed as an integrated subset of
APSE; or

(4) Any other subset of APSE;
(e) Any superset of APSE; or (d)
Any derivative of APSE;

(2) 'Programming systems' as follows:

(i)'Cross-hosted' compilers and 'cross-hosted' assemblers;
Note:

For 'cross-hosted' compilers or 'cross-hosted' assemblers which have
to be used in conjunction with microprocessor or microcomputer
development instruments or systems described in Item IL 1529, see
that item.

(ii) Compilers or interpreters designed or modified for use as part of a
'development system' embargoed by (1) above;

(iii)Disassemblers, decompilers or other 'software' which convert
'programmes' in object or assembly language into a higher level
language, except simple debugging 'application software', such as
mapping, tracing, check-point/restart, breakpoint, dumping and the
display of the storage contents or their assembly language equivalent;

(3) 'Diagnostic systems' or 'maintenance systems' designed or modified for

use as part of a 'development system' embargoed by (1) above;

(4) 'Operating systems' as follows:

(i)'Operating systems' designed or modified for 'digital computers' or
'related equipment' exceeding any of the following limits:

(a) Central processing unit-'main storage' combinations:







(1) 'Total processing data rate'-48 million bit per second;

(2) 'Total connected capacity' of 'main storage'-25.2 million bit; (3)
'Virtual storage' capability-512 MByte (b) Input/output control unit-
drum, disk or cartridge-type streamer

tape drive combinations:

(1) 'Total transfer rate'---15 million bit per second;

(2) 'Total access rate'-320 accesses per second;

(3) Total connected 'net capacity'-7 000 million bit;

(4) 'Maximum bit transfer rate' of any drum or disk drive-

10.3 million bit per second;





(c) Input/output control unit-bubble memory combinations:

Total connected 'net capacity'-2.1 million bit; (d) Input/output
control unit-magnetic tape drive combinations:

(1)'Total transfer rate'--5.2 million bit per second;

(2)Number of magnetic tape drives-twelve;

(3)'Maximum bit transfer rate' of any magnetic tape drive 2.6
million bit per second;

(4)---Maximumbit packing density'--63 bit per mm (1600 bit per
inch) per track;

(5) Maximum tape read write speed-508 cm (200 inch) per second;

Note:

This sub-ite does not embargo 'operating systems' designed or
modified for 'digital computers' or 'related equipment':

(a)Not exceeding the above limits even when the 'operating
systems' can so be used on 'digital computers' or 'related
equipment' exceeding the above limits; or

(b) Belonging to a series containing models exceeding the above
limites, if the 'operating systems' are used on 'digiatl computers'
or 'related equipment' of the series which do not exceed the above limits.

(ii) 'Operating systems' providing on-line transaction data processing which
permit integrated teleprocessing and 'on-line updating' of 'databases'.

(5) 'Application software as follows:

(i) 'Software' for cryptologic or cryptanalytic applications;

(ii) Artificial intelligence 'software', including 'software' normally classified
as expert systems, which enables a 'digital computer' to perform
functions that are normally associated with human perception and
reasoning or learning;

(iii) 'Database management system' which are designed to handle 'distri-
buted database' for:
(a) Fault tolerance by using techniques such as maintenance of

dupicated 'databases';

(b) Integrating data at a single site from independent remote
'databases';

(iv) 'Software' designed to adapt 'software' resident on one 'digital comp ter'
for use on another 'digital computer', except 'software' to adap between
two legally exported 'digital computers';

(c)Technology applicable to the development, production or use (ie installation,
operation an maintenance) of 'software', even if the 'software' is unembargoed,
except:

(1) Technical data in the public domain; or

(2) The minimum technical information necessary for the use of 'software' free

from embargo.

Note

For he purposes of this sub-item, technology does not include 'software'.

Notes:

1. Not usedd.

2. Not used.

3. Not used.

4. Not used.
5. Not used.
6. Not used.
7. Not used.
8. Not used.
9. Not used.





10. Not used.
11. Not used.
12. Definitions of terms used in this Item:
'analogue computer'-

Equipment which can, in the form of one o continuous variables:
(a) Accept data;
(b) Process data; and
(c) Provide output of data.
'application softwaie'~-

'Software' not falling within any of t e other defined categories of 'software'.

'cross-hosted'-
For 'programming systems', those which produce 'programmes' for a model of
electronic computer diffierent from that used to run the 'programming system',
i.e. they have code generators for equipment different from the host computer.
'database'
A collection of data, defined for one or more particular applications, which is
physically located and maintained in one or more electronic computers or 'related
equipments'.
'database management system'

'Appliication software' to manage and maintain a 'database' in one or more prescribed logical
structures for use by other 'application software' indpendent of the specific methods used to store or retrieve
the 'database'.

'developme system '
'Software' to develop or produce 'software'. This includes 'software'
to manage those activites. Examples of a 'development system' are programming
support environments, software development environments, and programmer-
productivity aids.

'diagnostic system'
'Software' to isolate or detect 'software' or equipment malfunctions.
'digital compter'-
Equipment which can, in the form of one or more discrete variables:

(a) Accept data;

(b) Store data or instructions in fixed or alterable (writable) storage devices;
(c) Process data by means by a stored sequence of instructions which is
modificable; and
(d) Provide output of data.

N. B.
Modifications of a stored sequence of instructions include replacement of fixed
toorlage devices, but not a physical change in wiring or interconnections.

'distributable database'-

A 'database' which is physically located and maintained in part or as a whole in
two or more interconnected electronic computers or 'related equipment, such
that inquiries from one location can involve 'database- access in other interconnected
electronic computers or 'related equipment'.

'firinware'-

See 'microprogramme'.
'high-level language'-
A programming language that does not reflect the structure of any one give

electronic computer or that of any one given class of electronic computers.





'hybrid computer'
Equipment which can:
(a) Accept data;
(b) Process data, in both analogue and digital representations; and
(c) Provide output of data.

'maintenance system'
'Software' to:
(a) Modify 'software' or its associated documentation in order to correct faults,
or for other updating purposes; or
(b) Maintain equipment.
'microprogramme'-
A sequence of elementary instructions, maintained in a special storage, the
execution of which is initiated by the introduction of its reference instruction into
an instruction register.

'object code' or 'object language'-
See 'programming system'.
'on-line updating'-

Processing in which the contents of a 'database' can be amended within a period
of time useful to interact with an exteral request.

'operating system'-
'Software' to control:
(a) The operation of a 'digital computer' or of 'related equipment'; or
(b) The loading or execution of 'programmes'.
'programme'-
A sequence of instructions to carry out a process in, or convertible into, a form
executable by an electronic computer.
'programming system'
'Software' to convert a convenient expression of one or more processes ('source
code' or 'source language') into equipment executable form ('object code' or
'object language').
'related equipment' in, 'incorporated' in, or 'associated' with electronic computers, as follows:

(a) Equipment for interconnecting 'analogue computers'- with 'digital computers';

(b) Equipment for interconnecting 'digital computers';

(c) Equipment for interconnecting electronic computers to 1ocal area networks' or to
'wide area networks';

(d) Communicatio control units;

(e) Other inpput/output (I/O) control units;

(f) Recording or reoorducing equipment referred to Item IL 1565 by Item IL1572;

(g) Displays; or

(h) Other peripheral equipment.

N.B.
'Related equip ent' which contains an 'embedded' or 'incorporated electronic
computer', but which lacks 'user-accessible programmability', does not thereby
fall within the definition of an electronic computer.

'self-hosted'-

For 'programming systems', those which produce 'programmes' for the same
model of electronic computer as that used to run the 'programming system', i.e.
they only have code generators for the host computer.





'software'
A collection of one or more 'programmes' or 'microprogrammes' fixed in any
tangible medium of expression.

'source code' or 'source language'-
See 'programming system'.
'specially designed software'-
The minimum 'operating systems 'diagnostic systems', 'maintenance systems'

and 'application software' necessary to executed on a particular equipment

to perform the function for which it was designed. To make other incompatible
equipment perform the same function requires:
(a) Modification of this 'software'; or
(b) Addition of 'programmes'.

'standard commercially available' -
For 'software', that which is:
(a)Commonly supplied to general purchasers or users of equipment outside
proscribed areas, but noprecluding the personalization of certain parameters
for individual custome wherever located;
(b)Designed and produced for civil applications;
(c)Not designed or modified for any 'digital computer' which is part of a 'digital
computer' senes d igned and produced within a proscribed area; and
(d) Supplied in a commonly distributed form.

11, 1567 Stored-programme-contr lied communication switching equipment or systems and
technology therefor, as follows; and specially designed components therefor and
'specially designed software' for the use of these equipment or systems-
Technical Notes:
1 . Stored-program e-controlled communication switching equipment or systems are
categorized as follows:
(a) Communication equipment or systems for 'data (message) switching':

'data (message) switching'
The technique, including but not limited to store-and-forward or packet
switching for:
(a) Accepting data groups (including messages, packets, or other digital
or telegraphic information groups which are transmitted as a
composite whole);
(b) Storing (buffering) data groups as necessary;
(c) Processing part or all of the data groups, as necessary, for the
purpose of:
(1) Control (routing, priority, formatting, code conversion, error
control, retransmission orjournaling);
(2) Transmission; or
(3) Multiplexing; and

(d) Retransmitting (processed) data groups when transmission or
receiving facilities are available.

'local area network'

A data communication system which:

(a)Allows an arbitrary number of independent 'data devices' to
communicate directly with each other; and

(b)Is confined to a geographical area of moderate size (e.g. office
building, plant, campus, warehouse).





'wide area networV-
A data communication system which:

(a) Allows an arbitrary number of independent 'data devices' to

communicate with each other;
(b) May include 'local area networks'and
(c) Is designed to interconnect geographically dispersed facilities.

(b) Communication equipment or systems for 'stored-programme-controlled

circuit switching:

'stored-programme-controlled circuit itching'

The technique for establishing, on demand and until released, a direct
(space-division switching) or logical (time-division switching)
connection between circuits based on switching contral information derived
from any source or circuits and processed according to the stored programme by one or more
electronic computers.

2. Electronic computers 'embedded'in stored-progamme-controlled communica-
tion switching equipment or systems are to be regarded as specially designed
components therefor.

3.This Item includes statistical multiplexers which digital input and digital output,
referred to this Item by Item IL 1519(c),if they satisfy the deinitions of either 'data
(message) switching 'or 'stored-pogramme-controlled circuit switching'

N.B. See Item IL 1519(c) for statistical multiplexers which provide only fixed routing
i.e. routing which is neither:
(a)Determined when the circuit established;nor
(b)Dynamically alterable.

(This ends the Technical notes. For a Complete list of definitions of terms used in this
Item , see Note 8 Below; see aslo Item IL 1565 for additional defmitions relating to
electronic computers and Item IL 1566 for additional relating to 'software')

Listed as follows:
(a) Communication equipment or system for data (message) switching 'including those for '
local area networks ' or for 'wide area networks'
(b) Communication equipment or systems for 'stored-programme-controlled ciruit
switching'except:
(1) Key telephone systems, provided that:
(i) They do not provide direct dial access to agroup of shared exchange lines or'
trunk circuits'
(ii)They are not designed to be upgraded to 'private automatic branch exchanges'(PABXs');
(iii)The 'software' supplied:
(a)Is limited to:
(1) The minimum 'specially designed software' necessary for the use
(i.e. installation operation and maintenance)of the equipment or systems; and
(b)Does not include 'sofware';
(1)Embargoed by Item IL 1527(a)(5)or Item ML 11 on the
Munitions List;or
(2)To permit user-modification of generic 'software' or its
associated documentation; and
If the equipment or systems are not designed for installation by the user
without support from the supplier, then the 'software' necessary for
commissioning is:
(a) Exported on a temporary basis only; and
(b) Kept under the control of the supplier;





(2) 'Stored-programme-controlled telegraph circuit switching' equipment or

systems, provided that:

(i) They are designed for civil end-use; and

(ii) They provide only the sevices as defined in CCITT Recommendations
F.60 to 79 (Volume II - Fascicle II.4, VII Plenary Assembly, 10-21
November 1980),i.e. the telegraph service whereby subscribrts, as defined
in CCITT Recommendation X.1 classes 1 and 2, can communicate
directly and temporarily between themselves using start-stop telegraph
equipment operating:
(iii) The 'software' supplied:
(a) Is limited to:
(1) The minimum 'specially designed sofware' necessary for the use (i.e. installation,
operation and maintenance) of the equipment or systems and
(2) Machine-executable form ; and

(b) Does not incliude 'software'
(1) Embargoed by Item IL 1527, 1566(a)(5) or Item ML 11 on the Munitions Lists; or
(2) To permit user-modification of generic 'software' or its
associated documentation; and
(iv) If the equipment or systems are not designed for installation by the user
without support from the supplier then the software necessary for commissioning is:
(a)Exported on a temporary basis only; and
(b)Kept under the control of the suppier;or
(3)'Stored programme-controlled telephone ciruit switching' equipment or systems provided
that;
(i) The equipment or systems are designed for fixed civil use as'space division analogue exchanges'
or 'time - division analogue exchanges'which fukfil the definition of private automatic branch exchanges
('PABXs')
(ii)The equipment or systems do not contain 'digital computer'or 'related
equipment'embargoed by:
(a) Item IL 1565(f);
(b) Item IL 1565(h)(1)(i)(a) to (k)or(m);or
(c) Item IL 1565(h)(1)(ii)
(iii)'Communication channels' or 'terminal devices'used for administrative and control purposes;
and control purposes:
(a) Are fully dedicated to these purposes; and
(b) Do not exceed a 'total data signalling rate' of 9 600 bit per second;

(iv) Voice channels are limited to 3 100 Hz as defined in CCITT
Recommendation G. 151;

(v) The 'PABXs' do not have 'trunk circuit'-to-subscriber line ratios which
exceed:

(a) 35 percent for 'PA11Xs' with less than 100 subscriber lines; or
(b) 20 per cent for 'PA11Xs' with 100 or more subscriber lines;

(vi) The 'PA11Xs' do not have the following features: (a) Multi-level call
pre-emption including overriding or seizing of busy subscriber lines,
'trunk circuits' or switches; or (b) 'Common channel signallinj;





(vii) The 'software'
supplied: (a) Is limited
to:

(1)The minimum 'specially designed software' necessary for the
use (i.e. installation, operation and maintenance) of the
equipment or systems; and

(2) Machine-executable form; and
(b) Does not include 'software':
(1)Embargoed by Items IL 1527, 1566(a)(5) or Item ML 11 on the
Munitions List; or

(2)To permit user-modifiction of generic 'software' or its
associated documentation; and

(viii) If the equipment or systems are not designed for installation by the user
without support from the supplier, then the 'software' necessary for
commissioning is:

(a) Exported on a temporary basis only: and

(b) Kept under the control of the supplier; and

(c) Technology applicable to the development, production or use (i.e. installation,
operation and maintenance) of stored-programme-controlled communication
switching equipment or systems, even if the equipment or systems are not
embargoed by this Item, except:

The minimum technical information necessary for the use of stored-programme-
controlled communication switching equipment or systems which are free from
embargo.

Notes:

1. Not used.

2. Not used.

3. Not used.

4. Not used.

5. Not used.

6. Not used.

7. Not used.

8. Definitions of terms used in this Item:

'common channel signalling'

A signalling method in which a single channel between exchanges conveys, by
means of labelled messages, signalling information relating to a multiplicity of
circuits, or calls and other information such as that used for network
management.

'communication channel
The transmissionor path circuit including the terminating transmission and
receiving equipmedems) for transferring digital information between distant
locations.

'data device'-

Equipment capabf transmitting or receiving sequences of digital information.
information.

'data (message) switching'

The technique, including but not limited to store-and-forward or packet switching,
for:
(a) Accepting data groups (including messages, packets, or other digital or
telegraphic information groups which are transmitted as a composite whole);
(b) Storing (buffering) data groups as necessary;
(c) Processing part or all of the data groups, as necessary, for the purpose of..





(1) Control (routing, priority, formatting, code conversion, error control,
retransmission or journaling);

(2) Transmission; or
(3) Multiplexing; and
(d)Retransmitting (processed) data groups when transmission or receiving
facilities are available.
'data signalling rate'-

The rate as defined in ITU Recommendation 53-36, taking into account that, for
non-binary modulation, baud and bit per second are not equal. Binary digits for
coding, checking, and synchronization functions are included.
NB..
It is the maximum one-way rate, i.e., the maximum rate in either transmission or
reception.

'digital computer'-
Equipment which can, in the form of one or more discrete variables:
(a) Accept date;
(b) Store date or instructions in fixed or alterable (writable) storage devices;
(c) Process data by means of a stored sequence of instructions which is
modifiable; and
(d) Provide output of data.
NB:

Modifications of a stored sequence of instructions include replacement of fixed
storage devices, but not a physical change in wiring or interconnections.

'embedded' in equipment or systems
Can feasibly by neither.,

(a) Removed froms such equipment or systems; nor

(b) used for other purposes.

'local area network'
A data communication system which:
(a) Allows an arbitrary number of independent 'data devices' to communicate
directly with each other; and
(b) Is confined to a geographical area of moderate size (e.g. office building, plant,
campus, warchouse).
'PAIIX'-
See 'private automatic branch exchange'.

'private autorn tic branch exchange'-
An automatic telephone exchange, typically incorporating a postion for an
attendant, designed to provide access to the public network and serving exten-
sions in an institution such as a business, government, public-service or similar
organization.

'software,'
A collection of one or more 'programmes' or 'microprogrammes' fixed in any
tangibl medium of expression.

'space-division analogue exchange'-

A 'space-division exchange', using an analogue (including sampled analogue)
signal within the switching matrix. Such exchanges can route digital signals,
subject to the bandwidth limitations of the equipment. Thus, such exchanges in
public networks commonly pass digital data at rates of several kilobit per second
per voice channel of 3 100 Hz as defined in CCITT Recommendation G. 15 1.

N.B.

A 'space-division analogue exchange' with a wideband switching matrix can be
converted to a 'space-division digital exchange' by modifying some or all of the
input interface circuitry.





'space-division digital exchange'-

A 'space-division exchange' which accommodates the transmission throught the
switching matrix of digital signals requiring a bandwidth wider than a voice
channel of 3 100 Hz as defined in CCITT Recommendatio G. 151.

N.B.
A 'space-division digital exchange' can be converted to a 'space division analogue
exchange' by modifying some or all of the input intereface circuitry.

'space-division exchange'-

An exchange in which different streams of data voice signals are routed through
the switching matrix along physically diffrent paths. The signal being routed
through the matrix can be analogue (eg. conventional amplitude modulation, pulse
amplitude modulation) or digital (eg. pulse code modulation, delta modulation
or data).

specially designed software'-

The minimum 'operating systems', 'diagnostic systems', 'maintenance systems'
and 'application software' necessary to be executed on a particular equipment to
perform the function for which its designed. To make other, incompatible
equipment perform the same functio requires:

(a) Modification of this 'software'; or

(b) Addition of 'programmes'.

'stored-programme-controlled circuit switching'-

The technique for establishing, on demand and until released, a direct (space-
division switeffing) or logical (time-division switching) connection between circuits
based on switching control information derived from any source or circuit and
processed according to the stored 'programme' by one or more electronic
computers.

'stored-programme-controlled switching'-
Techniques essentially identical to those for 'stored-programme-controlled tele-
phone circuit switching', for establishment connections between telegraph (e.g. telex)
circuits based solely on a subscriber-type of signalling information.

'stored-programme-controlled telephone circuit switching'-

The technique for establishing within an exchange, on demand and until released,
an exclusive direct space-division switching) or logical (time-division switching)
connection between calling and called telephone circuits:

(a)Based solely on a subscriber-type of telephone signalling information, derived
from the calling circuit; and

(b)Processed according to the stored 'programmes' by one or more electronic computer.

The telephone circuits may carry any type of signal, e.g. telephone or telex,
compatible with a voice channel bandwidth of 3 100 Hz or less.

'terminal device'

A 'data device' which:
(a) Does not include process control sensing and actuating devices; and

(b) Is capable of.

(1) Accepting or producing a physical record;


(2) Accepting a manual input; or


(3) Producing a visual output.

NB:
Normal groupings of such equipment (e.g. a combination of paper
tape punch/reader and printer), connected to a single data channel or
'communication channel', shall be considered as a single 'terminal
device'.





'terminal exchange'---

(a) A local exchange used for terminating subscribers' lines;

(b)A remote switching unit which performs some functions of a local exchange
and operates under a measure of control from the parent

(c) A local exchange, typically 2-wire, used as a Switchin point for traffic
between subordinate local exchanges, which may also provide 4-wire connections to
and from the national long-distance network; or


(d) An exchange which performs any combination of functions in (a), (b) or (c)
above.

'time-division analogue exchange'

A 'time-division exchange' in which the parameter, associated with an individual
segment of a stream of data or voice signals, varies continuously.

'time-division digital exchange'

A 'time-division exchange' in which the parameter, associated with an individual
segment of a stream of data or voice signals, is one of a finite number of digitally
coded values.

'time-division exchange'

An exchange in which segments of different streams of data or voice signals are
interleaved in time and routed through the switching matrix along a common
physical path. The matrix may also include one or more stages of space-division
switching. The signal being routed through the matrix can be analogue (e.g. pulse
amplitude modulation) or digital. (e.g. pulse code modulation, delta modulation
or data).

'total data signalling rate'

The sum of the individual 'data signalling rates' of all 'communication channels-
which:

(a) Have been provided with the system; and

(b) Can be sustained simultaneously assuming the configuration of the equipment
which would maximize this sum of rates.

'transit exchange'

(a) An exchange typically 4-wire, used as a switching point for traffic between
other exchanges in the national network (historically known as a 'trunk exchange');

(b) A 4-wire exchange serving outgoing, incoming or transit international calls; or

(c) An exchange which performs any combination of functions in (a) or (b) above
or those of a ' terminal exchange'.

'trunk circuit'

A circuit with associated equipments terminating in two exchanges.

'trunk exchange'

See 'transit exchange'.

'wide area network'

A data communication system which:

(a) Allows an arbitrary number of independent 'data devices' to communicate
with each other;

(b) May include -local area networks'; and

(c) Is designed to interconnect geographically dispersed facilities.

9. Not used.

10. Not used.

11. Not used.

12. Not used.





IL 1568 Equipment, as follows-

(a)All classes of devices, regardless of other characteristics, identified in sub-items
(b), (c), (d), (e), (f), (g), (j) and (k) below, which are designed to operate below -
55'C or above + 125C;

(b)Synchros and resolvers (and specialinstruments ra d to have the same
characteristics as synchros and resolvers in (1) and (2) b, low such as Microsyns,
Synchro-Tels and Inductosyns), possessing any of the followi g characteristics:

(1)A rated electrical error of 7 minutes of rc or less or of 0.2 per cent or less of
maximum output voltage;

(2)A rated dynamic accuracy for receiver types of 1' or less, except that for units
of size 30 (76.2 rmn (3 inches) in diameter) or larger a rated dynamic accuracy
of less than 1;

(3) Multi-speed from single shaft types;

(4) Designed for gimbal mounting.

(c)Amplifiers electronic or magnetic, specially designed for use with resolvers, the
following:

(1) Isolation types having a variation of gain constant (linearity of gain) of
0.2 per cent or better;

(2) Summing types having variation of gain constant (linearity of gain) or an

accuracy of summatio of 0.2 per cent or better;

(3) Employing solid state Hall effect;

(d) Induction potentiometer (including function generators and linear synchros),
linear and non-linear, possessing any of the following characteristics:

(1) A rated conformity of 0.25 per cent or less, or of 13 minutes of arc or less;
(2) Employing solid state Hall effect;
(3) Designed for, gimbal mounting;

(e) Induction rate (tachometer) generators, synchronous and asynchronous, with a
housing diameter of 50.8 ram (2 inches) and smaller and a length (without
shaft-ends) of 101.6 mm (4 inches) and smaller or with a diameter-to-length ratio
greaterthan2:1, having one or more of the following characteristics:
(1) With a rated linearity of 0. 1 per cent or less;

(2) All tem c ature-compensated or temperature-corrected types;

(f) Servo-motors (gear-head of plain) as follows:

(1) Designed to operate from power sources of more than 300 Hz except those
designed to operate from power sources of over 300 Hz up to and not
exceeding 400 Hz with a temperature range from - 551C to + 125'C;

(2) Designed to have a torque-to-inertia ratio of 50 000 radians per second per

second or greater;

(3) Incorporating special features to secure internal damping;

(g) Precision potentiometers (and special instruments rated to have the same charac-

teristics as potentiometers in (1) and (2) below, such as Vernistats), as follows:


(1) Linear potentiometers having a constant resolution and a rated linearity of

etter than 0.05 per cent absolute;

(2) on-linear potentiometers having a variable resolution and a rated conIty of.

(i)1 per cent or less when the resolution is inferior to that obtained with a
linear potentiometer of the same type and of the same track length; or

(ii) 0.5 per cent or less when the resolution is better than or equal to that
obtained with a linear potentiometer of the same type and of the same
track length;

(3) Designed for gimbal mounting;





Technical Notes:

(1) For the purpose of this sub-item, a precision potentiomet means one having
a rated conforn-fity better than:

(a) 0.25 per cent for a linear potentiometer; or

(b) 1 per cent for a non-linear potentiometer;

(2) This sub-item is not intended to embargo potentiometers using only switched
elements.

(h) Direct current and alternating current torquers, i.e. torque motors specially
designed for gyros and stablized platforms;

(i) Electro-optical devices designed to monitor relative rotation or remote surfaces;

(j) Synchronous motors, as follows:
(1) Of size 20 (50.8 intn (2 inches) in diameter) and smaller and having syn-
chronous speeds in excess of 3 600 r.p.m.;
(2) Designed to operate from power source of more than 400 Hz;

(k) Analogue-to-digital and digital-to-analogue converters other than digital volt-
meters or counters (see Item IL 1529), as follows:

(1) Electrical input type analogue-to-digital converters having any of the
following characteristics;

(i) A conversion rate of more than 200 000 complete conversions per second
at rated accuracy;

(ii) An accuracy in excess of 1 part in more than 10 000 of full scale over
the specified opera rig temperature range;

(iii) A figure of merit of 1 x 101 or more (derived from the number of
complete conver ns per second divided by the accuracy);

(2)Electrical input t c digital-to-analogue converters having any of the following
characte sties:

(i) A maximum setting time' of less than 3 microseconds for voltage
output devices and ess than 250 nanoseconds for current output
devices;

(ii) An accuracy in excess of 1 part in more than 10 000 of full scale over
the specified operating temperature range;

(iii) A figure of merit greater than 2 x 101 for voltage output convertors or
1x10` for current output convertors (the figure of merit is defined as
the reciprocal of the product of the maximum 'settling time' in seconds
and t accuracy);

(3)Solid-state synchro-digital or digital-to-synchro converters and resolver-to-
digital o digital-to-resolver converters (including multi-pole resolvers)
having a resolution of better than + 1 part in 5 000 per full synchro revolution
for dual speed systems;


(4) Mechanical input types (including but not limited to shaft-position encoders
and linear displacement encoders, but excluding complex servo-follower
system), as follows:
(i)Rotary types having an accuracy of better than +_ 1 part in 40 000 of full
scale; or
(ii) Linear displacement types having a resolution of better than +5 micro-meters;

Technical Note:
'Settling time' in (k)(2)(i) above is defined as the time required for the output to come
within one-half bit of the final value when switching between any two levels
of the converters.

(1) Semiconductor Hall field probes, as follows:

(1) Made of indium-arsenide-phosphide (InAsP);

(2)Coated with ceramic or ferritic materials (e.g. special field probes such as
tangential field probes, multipliers, modulators, recorder probes, etc.);

(3) With an open circuit sensitivity greater than

0. 12 vIts
amperes x kilogauss





Technical Notes..
Open circuit sensitivity

The slope of straight line that passes through the point of origin and through the
Point U20. i I at B = B in the characteristic is defined as the open circuit sensitivity
(where u20 = Hall voltage, open circuit;

il Control current;

B, Rated value of applied magnetic control field.

(m)Specially designed components and test equipment (including adaptors, couplers,
etc.) for the above.

IL 1570 Thermoelectric materials and devices, as follows

(a)Thermoelectric materials with a maximum product of the figure of merit (Z) and
the temperature (T in degrees K) in excess of 0.75;

(b) Junctions and combinations of junctions using any of the materials in (a) above;

(c)Heat absorbing or electrical power generating devices containing any of the
junctions in (b) above, and specially designed components therefor;

(d) Other power generating devices and specially designed components therefor, which
generate in excess of 22 W per kg (10W per pound) or of 17.70 kW per cubic
metre (500 W per cubic foot) of the device's basic thermoelectric components;

Technical Note..
The figure of merit (Z) equals Seeback coeflicient square divided by the product of
electrical resistivity and thermal conductivity.

Notes..

1 . See also Item IL 1205(c).

2.The weight and cubic measurements in sub-item (d) above are not intended to
encompass the complete device but to include only the thermoelectric elements and
assembly and the components for pumping calories. Other components, such as
heating and cooling sources or containers, device frames or stands and control
equipment are not to be included in the calculations.

IL 1571 Magnetometers, rna ;netometer s stems and related equipment, as follows, and
specially designed components therefor

(a) Magnetometers and magnetometer systems having or capable of having a
sensitivity better than + 1.0 gamma (ñ 10-5 oersteds), except magnetometers
having sensitivities not better than + 0. 1 gamma (ñ 10 - 6 oersteds) where the
reading rate capability is no faster than once per half-second;

(b) Magnetometer test facilities able to control magnetic field values to an accuracy
of l.Ogamma(I0-5 ersteds)orless;

(c) Magnetic compensation systems utilizing 'digital computers', non-magnetic
platforms and calibration systems;

(For optical fibres see tern IL 1526(c) and (d)).

Technical Notes:
(1) Sensitivity i sually recognized minimum sinusoidal signal in the
frequency range of 0.025 Hz to 1.5 Hz when signal-to-noisc ratio is higher than 1.

(2) The term 'specially designed components therefor' is intended to include non-
magnetic pumping lamps and heating coils, cryogenic magnetic componentry,
enhanced resonane gases, and any form of dynamic signal-processing gradient
compensation provided as part of, or designed for use with, magnetometer,
embargoed by this Item. Enhanced resonance gases are gases of isotopes of cesium,

rubidium and other metals which exhibit very sharp bands of response to pumping
frequencies in optically pumped magnetorneters.

(3)Magnetometer systems use magnetic sensors, including those designed to operate
at cryogenic temperatures, compensation systems, displays, recorders and
associated electronics for signal processing, target parameter detection, gradient
compensation and dynamic range control.



IL 1572 Recording or reproducing equipment, 'recording media' and technology, as follows,
and specially designed components, accessories and 'software' therefor:

Note:
For equipment which may be used in conjunction with electronic computers, see
Item IL 1565.

(a) Recording of reproducing equipment using magnetic techniques except:

(i) When specially design

(1) Audio programmes on tape or disk;

(2) Analogue recording or reproducing of video programmes on tape or disk;
or

Note: This clause does not apply to:

(a)Magnetic heads mounted on servo-mechanisms which include
piezoelectric transducers and have a gap width less than 0.75
micrometre (29.5 microinches); or

N.B.
Gap width is the dimension of the gap parallel to the relative
movement between tape and head.

(b)Cylindrical structures used to record or reproduce video signals in a
helical scan system recorder or reproducer;

(3)Digital reproducing (i.e. play-back only) of video programmes from tape
or disk;

When specially designed to use magnetic card, tag, label or bank cheque
'recording media' with a magnetic surface area not exceeding 85 cm' (13 sq.
in.);

(iii) Analogue magnetic tape recorders having all of the following characteristics:

(a) Bandwidth at maximum speed not exceeding 300 kHz per track;

(b) 'Recording density' not exceeding 2 000 magnetic flux sine waves per
linear cm (5 080 magnetic flux sine waves per linear inch) per track;

(c) Not including r cording or reproducing heads designed for use in
equipment with characteristics superior to those defined in (a) or (b)
above;

(d) Tape speed exceeding 155 cm/s (61 inches per second);

(e) Number or ording tracks (excluding audio voice track) not exceeding 28;

(f) Start-stop me not less than 25 ms;

(g) Equipped with tape-derived (off-tape) servo speed control and with a time
displacement (base) error, measured in accordance with applicable IRIG or
EIA documents, of no less than + 5 microsecond;

(h) Using only direct or FM recording;

(i) Not ruggedized for military use;

(j) Not rated for continuous operation in ambient temperatures from below
233K to above 328K (from below -40'C to above +55C); and

(k) Not specially designed for underwater use;
N.B.
Analogue instrumentation recording equipment permitting the
recording of digital signals (e.g. using a high density digital recording
(HDDR) module) and having all the characteristics in sub-item (a)(iii)
above are not embargoed by this Item.

(iv)Digital recording or reproducing equipment having all of the following
characteristics:

(a)Cassettelcartridge tape drives or magnetic tape drives which do not
exceed:





(1) A 'maximum bit packing density' of 131 bit per mm (3 300 bit per
inch) per track; or

(2) A 'maximum bit transfer rate' of 2.66 million bit per second;

(b) Not ruggedized for military use;

(c) Not specially designed for underwater use; and

(d) Not rated for continuous operation in ambient temperatures from below

233K to above 328K (from below -40`C to above +55'C);

(b) Recording or reproducing equipment using laser beams, which produce patterns or

images directly on the recording surface or reproduce from such surfaces, except

(i) When specially designed for the productIon of audio and video disk masters

for the replication of entertainment or education-type disks;

(ii) Facsimile equipment such as used for commercial weather imagery and

commercial wire photos and text;

(iii) Consumer-type reproducers for audio or vide disks employing non-erasable

media; or

(iv) When specially designed for gravure (printing plate) manufacturing;

(e) Graphics instruments capable of continuous irect recording of sine waves at

frequencies exceeding 20 kHz;

(d) 'Recording media' used in equipment ernba oed by (a) or (b) above, except:

(i) Magnetic tape having all of the foll ng characteristics:

(a) Specially designed for television recording and reproduction or for

instrumentation;

(b) Being a standard commercial roduct;

(e) Not designed for use in satellite applications;

(d) Been in use in quantity for at least two years;

(e) A tape width not exceedin 25.4 mm (1 inch);

(f) A magnetic coating thickness not less than:

(1) 2.0 micrometres (0.079 mil) if the tape length does not exceed 1450m
(4 760 feet); or

(2) 5.0 micrometres (0.1975 mil) if the tape length does not exceed,
6 000 m (19 710

(g) A magnetic coating material consisting of doped or undoped gamma-
ferric oxide , or chromium dioxide;

(h) A base material consisting only of polyester;

(i) A rated intrinsic coercivity not exceeding 64 kA/m (804 oersted); and

(j) A retentivity not exceeding 0. 16 T (1600 gauss);

(ii) Magnetic tape having all of the following characteristics:

(a) Specially desig d for television recording and reproduction or for
instrumentation;

(b) Being a standard commercial product;

(c) Not designed for use in satellite applications;

(d) Been in use quantity for at least two years;

(e) A tape width not exceeding 50.8 mm (2 inches);

(f) A magnetic coating material consisting of doped or undoped gamma-
ferric oxide or chromium dioxide;

(g) A rated in intrinsic coereivity not exceeding 64 kAlm (804 oersted); and

(h) A tape length not exceeding 1096 m (3 600 feet);

(iii) Video or audio magnetic tape in cassette having all of the following
characteristics:







(a) Specially designed for television or audio recording a d reproduction;
(b) Being a standard commercial product;
(c) A rated intrinsic coercivity not exceeding 120 kA/m (15 oersted);
(d) A retentivity not exceeding 0.30 T (3 000 gauss);
(e) A tape length not exceeding 550 m (1805 feet); and
(f) A magnetic coating thickness not less than 2.0 mic ometres (0.079 mil);

(iv)Computer magnetic tape having all of the following aracteristics:
(a) Designed for digital recording and reproducti ;
(b) A magnetic coating certified for a maxim 'packing density' of 2 460
bit per em (6 250 bit per ichanges per em (9 042 flux
changes per inch) along the length of the tape;
(c) A magnetic coating thickness not less than 3.6 micrometres (0. 142 mil);
(d) A tape width not exceeding 25.4 mm (1 inch);
(e) A tape length not exceeding 1 100 m (3 609 feet);
(f) Been in civil use for at least two years; and
(g) The base material consist,' only of polyester;

(v)Computer flexible disk cartridges h ving both of the following characteristics:
(a) Designed for digital recording and reproduction; and
(b) Not exceeding a 'gross capacity' of 17 million bit;

(vi)Rigid magnetic disk 'recording media' having all of the following charac-
teristics:
(a) Being a standard commercial product;
(b) Non servo-written;
(c) A 'packing density' not exceeding 866 bit per em (2 200 bit per inch);

(d) Not exceeding 80 tracks per cm (200 tracks per inch); and

(e) Conforming to any of the following specifications:

(1)Unrecord single disk cartridges (front loading (2315-type)) designed
o meet ANSI X3.52-1976;

(2)Unreco ed single disk cartridges (top loading (5440-type)) designed
to mee International Standard ISO 3562-1976;

(3)Unre rded six-disk packs (2311 type) designed to meet ANSI X3.4 -
1974 or International Standard ISO 2864-1974(E); or

(4)Un corded eleven-disk packs (2316 type) designed to meet ANSI X3
8-1977 or International Standard ISO 3564-1976;

(e) Technology for he development, production or use of recording or reproducing

equipment des ibed in this Item, except:

(i) Technol y which is unique to equipment released under sub-iterns (a)(i)(1),
(a)(i)(2) r (a)(ii), (b) or (c) above;

Note:

Thi clause does not apply to technology for the design or production of
recorded alignment tapes used in the production of recording or reproducing
equipment.

(ii) The ininimum technology necessary for the use of equipment which may be
exported under the provisions of this Item.

Technology for continuous coating of magnetic tape described in this Item as

follows:

(1) Technology for the formulation of coating material;

(2) Technology for the application of coating material to the backing;





(g) Technology for the manufacture of flexible disk recording media described in this
Item as follows:
(1) Technology for the formulation of coating material;
(2) Technology for the application of coating material to the flexible backing;

(h)Technology for the development or production of rigid disk 'recording media'
described in this Item.

Notes:

1. Not used.

2. Not used.

3. Not used.

4. Not used.

5. Not used.

6. Not used.

7. Not used.

8. Definition of term used in this Item:

'Recording media'
All types and forms of specialized media used in recording techniques, including
but not limited to tapes, drums, disks and matrices.

'Recording density' for direct recorders The recording
bandwidth divided by the tape speed.

'Recording density' for FM repders-
The sum of the carrier frequency and the deviation divided by the tape speed.
'Packing density' for digital recorders-
The number of bits per second per track divided by the tape speed.
N.B.
For the definition of the terms related to 'digital computers' or 'software', see
Items IL 1565 or 1566.

IL 1573 Superconductive electromagnets and solenoids, as follows-
(a) Those which a non-uniform distribution of current-carrying windings,
measured along the axis of symmetry when specially designed for gyrotron
application, except those rated for both:
(1) Magnetic induction of less than 1 tesla; and
(2) 'Overall current density' in the windings of less than 10 000 A/cm';

(b)Those which are specially designed to be fully charged or discharged in less than
one minute, provide that:
(1) The maximum energy delivered during discharege divided by teh duration of
the discharges is more than 500kJ per minute;

(2) The inner dimeter of the current-carrying windings is more than 6 cm; and

(3) They are rated for magnetic induction of more than 8 tesla or 'overall current
density' in the windings of more than 10 000A/cm2.

Technical Note:
'Overall current density' is defined as the total number of ampereturns in the coil
(i. e. the sum of the number of turns multiplied by the maximum current carried by each
turn) divided by the total cross-section of the coil (comprising the superconducting
filaments, the metallic matrix in which are superconducting filaments are embedded,
the encapsulating material, any cooling channels, etc.)


IL 1574 Electronic devices, circuits and systems specially designed for or capable of operation
at temperatures below 103K (- 170'C, - 274 o F), and containing components
manufactured from superconducting materials which perform functions such as
electromagnetic sensing and amplification, current switching, frequency selection or
electromagnetic energy storage at resonant frequencies above 1 MHz. These include
the following--





(a)Josephson-effect devices;

(b)'Dayem bridges';

(e)Weak-link devices;

(d)'Proxiiiiity-effect devices';

(e)Phase slip devices;

(j)SNS (super-norinal-super) bridges;

(g)SIS (superconductor-insulator-superconductor) devices'

(h)Quasipartiele devices or detectors.

Technical Notes:

1 .By 'Dayem bridges' are meant superconducting thin film devices with a reduce
section area which acts as a conductive weak link. This weak link has a much lower
critical current than the areas it joins. Dayem bridge can act as superconducting
switches and may be employed in superconducting quantum interference devices
(squids).

2.By 'proximity-effect devices' are mean, superconducting cting weak link devices whose low
critical current is due to an overlay of normal metal rather than a small area. These
devices can be used for the same purpose as Dayem bridges.

IL 1584 Cathode-ray oscilloscopes and specially desiged components therefor, including

associated plug-in units, external amplifiers, preamplifiers and sampling devices, having
any of the following characteristics-

(a)An amplifier or system bandwidth greater than 250 MHz (defined as the band of
frequencies over which the deflection the cathode-ray tube does not fall below
70.7 per cent of that at maximum point measured with a constant input voltage to
the amplifier);

(b)A horizontal sweep speed faster than 1 nanosecond per cin with an accuracy
(linearity) better than 2 per cent;

(c) Containing or designed for use with cathode-ray tubes covered by Item IL
1541(c);
(d) Ruggedized to meet a military specification;

(e)Rated for operation over an ambient temperature range of from below -25'C to above +
55'C;

Using sampling techniques for the analysis of recurring phenomena which increase
the effective bandwidth of an oscilloscope or time-domain reflectometer to a
frequency greater than 4 GHz;

(g)Digital oscilloscopes with sequential sampling of the input signal at an interval of
less than 50 nanoseconds.



Explanatory Notes.

1.Nothing in the above shall be construed as sanctioning the export of technology,
except technology maintenance, repair and operation of oscilloscopes excluded
from embargo under sub-item (a) above, which:

(a) Use cathode-ray tubes embargoed by Item IL 154 1 (b); or

(b) Exceed an amplifier bandwidth of 200 MHz.

2.In th case of systems, the characteristics of individual plugins, probes or mainf~lames ist not
be in excess of what is required for overall system bandwidth.


IL 1585 Photographic equipment as follows

(a) High speed cinema recording cameras and equipment as follows:

(1) Cameras in which the film is continuously advanced throughout the recording
pe od, and which are capable of recording at framing rates exceeding 13 150
frames per second, using any camera and film combination from the standard
8 mm to the 90 mm size inclusive;

(2)Special optical or electronic devices which supplement, replace or are
interchangeable with standard camera components for the purpose of
increasing the number of frames per second;

1





(b)High speed cameras in which the film does not move, and which are capable of
recording at rates exceeding 1000 OM frames per second for the full framing
height of standard 35 nun wide photographic film, or at proportionately higher
rates for lesser frame heights, or at proportionately lower rates for greater frame
heights;

(c) Cameras incorporating electron tubes covered by Item IL 1555(a);

(d) Streak cameras having writing speeds of 10 mmimicrosecond and above;

(e)Camera shutters with speeds of 50 nanoseconds or less per operation, and
specialized parts and accessories therefor;

(f) Film, as follows:
(1) Having an intensity dynamic range of 1000 000: 1 or more;
(2) Having a speed of ASA 10 000 (or its equivalent) or better; or

(3)Colour film having a spectral sensitivity extending beyond 7 200 Angstroms
or below 2 000 Angstroms;

(g) High speed plates having an intensity dynamic range of 1000 000: 1 or more-

IL 1586 Acoustic wave devices, as follows, and specially designed components therefor-

(a)Surface acoustic wave and surface skimming (shallow bulk) acoustic wave devices
(i.e. signal-processing devices employing elastic waves in materials, including but
not limited to litium miobate, lithium tantalate, bismuth germanium oxide, silicon.
quartz, zinc oxide, aluminum oxide (sapphire), gallium arsenide and alpha
alpha-aluminium phosphate (beIinite)), which permit direct
processing of signals, including but not limited to convolvers, correlators (fixed,
programmable and memory), oscillators, bandpass filters, delay tines (fixed and
tapped) and non-linear devices having any of the following characteristics:

(1) A carrier frequency of cater than 400 MHz;

(2) A carric frequency of 400 MHz or less, except those specially designed for
home electronics an entertainment type applications, having any of the
following characteristics:

(i) A side-lobe rejection of greater than 45 dB;

(ii) A product of the maximum delay time and the bandwidth (time in
microseconds nd bandwidth in MHz) greater than 100;

(iii) A dispersive delay of greater than 10 microseconds;

(iv) An insertion loss of less than 10 dB;


(b)Bulk (volume) acousic wave devices (i.e. signal processing devices employing
elastic waves in the various materials described in (a) above) which permit direct
processing of signals at frequencies over 1 GHz, including but not limited to, fixed
delay lines, non-line and pulse compression devices;

(c) Acousto-optic signal Drocessing devices employing an interaction between
acoustic waves (bulk wave or surface wave) and light waves which permit the direct
processing of signals or images, including but not limited to spectral analysis,
correlation and convolution

Technical Note:
This sub-item embargoes devices made from acousto-optic materials, including but
not limited to lithium niobate, bismuth germanium oxide, bismuth silicon oxide,
gallium arsenide, gallium phosphide, telluirum oxide and lead molybdenate.


IL 1587 Quartz cystals and assemblies thereof i any stage of fabrication (i.e. worked,
semi-finished or mounted), as follows

(a) For use as fileter elements, and having either of the following characteristics:
(1) Designed for operation over a temperature range wider than 125 C:

(2)Crystals semblies of crystals which use the trapped energy phenomenon and
which have more than three series or parallel resonances on a single quartz
element;

(b)For use as oscillator elements specially designed for temperature-controlled
crystal ovens or for TCXO's covered by (c) below, and having an average ageing
rate of + 1 X 10-, per day or better (less);





Note:

Ageing rate shall be measured over a longer period at a constant temperature of +
601C or higher + 2C.

(c)Temperature-compensated crystal oscillators (TCXO) having any of the following
characteristics:

(1) A stability with respect to temperature of better than 0. 00015 per cent
over their operating temperature range;

(2) An operating temperature range wider than 120 C

(3) Capable of reaching to within 1 x 10-7 of normal operating frequency or
better in 3 minutes or less from switch-on at an ambient temperature of 25C;

(4)Rated to have an acceleration sensitivts of less than 1 x 10'of the operating
frequency per g (where g = 981 cm/se2) over a vibration test frequency range
from 10 to 2000 Hzsine wave and with a maximum level of acceleration not
exceeding 20 g;

(5)Designed to withstand a shock greater than 10 000 g (where g = 981 cm/seel)
over a period of 1 millisecond; /

Radiation hardened to better than 10-19 of the operating frequency per gray
Notes.. (1 rad = 10` gray).

1 .This item does not embargo quartz crystals for use as filter elements which have
either of the following characteristics:

(a) Designed for operation as single side-band filters operating from
10.5 to 11 MHz or from 21 to 22 MHz with 3dB bandwidths not exceeding
40 kHz; or

(b) Designed for operation as single side-band filters operating at from 1 to
10 MHz with 3 dB bandwidths not exceeding 4 kHz,

2.This item only covers quartz crystals having piezo-electric qualities. It is
understood that this definition does not cover optical grade quartz crystals.

3.Nothing in the Notes above shall be construed as sanctioning the export of
technology for quartz crystal elements or assemblies thereof.

IL 1588 Materials composed of crystals having spinel, hexagonal, orthorhombic, or garnet
crystal structures; thin film devices; assemblies of the foregoing; and devices containing
thern, as follows (for equipment which may be exported in conjunction with computer
shipments, see Item IL1565)--
(a) Monocrystals of ferrites and garnets, synthetic only;
(b) Single aperture forms possessing either of the following characteristics:
(1) Switching rate of 0.3 microsecond or faster at the minimum field strength
required for switching at 40'C (104'F);
(2) A maximum dimension less than 18 mils (0.45 min);
Note
For machinery and equipment associated with forms having a maximum
dimension less than 30 mils (0.76 mm), see Item IL 1358.

(c) Multi -aperture forms with fewer than 10 apertures possessing either of the
folloIng characteristics:

(1) Switching rate of 1 microsecond or faster at the minimum field strength
required for switching at 40'C (104'F);

(2) maximum dimension less than 100 mils (2.54 mm);


(d)Multi-aperture forms having 10 or more apertures;
(e)Memory storage or switching devices, as follows:
(1) Thin film (including plated wire and plated rods);
(2) Single crystal or amorphous film magnetic bubble;
(3) Moving domain; or
(4) Crosstie;






(f)Magnetic ferrite materials having square loop characteristics, suitable for
operations above 1 GHz and having all of the following characteristics:

(1) (i) A saturation magnetization of greater/0an 0.2 tesla (2 000 gauss) for
lithium-based ferrites;

(ii) A saturation magnetization of greater/than 0.3 tesia (3 000 gauss) for
other than lithium-bas

(2) A dielectric loss tangent of less than than 0.001 measured at a frequency of 1 GHz
or greater;
(3) A ratio of the remanent magnetization (B1) to the saturation magnetization
(4 .) equal to or greater than 0.7;

(g) Rod forms possessing any of the following characteristics:

(1) Switching rate of 0.3 microsecond or faster at the minimum field strength
required for switching at 40'C (104 F);

(2) A minimum dimension less than 10 mils (0.254 mm).

IL 1595 Gravity meters (gravimeters), gravity gra ometers and specially designed components
therefor, except gravity meters for land use having static accuracies of 100 microgal or
less accurate and land gravity meters of the Worden type.

Explanatory Note:
Nothing in this item shall permit the export of technology or technical data associated
with the design, manufacture or upgrading of equipment excluded from embargo by this
definition, when such technology or technical data is also relevant to equipment
embargoed by this definition.

GROUP H

METALS, MINERALS AND THEIR MANUFACTURES

(1) RAW MATERIALS

Where raw materials are covered by a definition the intent is to cover all materials
from which the metal can be usefully extracted, i.e. ores, concentrates, matte,
regulus, residues and dross (ashes).

(2) METALS AND ALLOYS

Unless provisions to the contrary is made in particular items of the definition, the
words 'metals' and 'alloys' are intended to cover all crude and semi-fabricated
forms as mentioned in the llowing list.

Crude Forms:

Anodes, balls, bars (including notched bars and wire bars), billets, blocks, blooms,
brickets, cake, cathodes, crystals, cubes, dice, grains, granules, ingots, lumps,
pellets, pigs, powder, ron lles, shot, slabs, slugs, sponge, sticks.

Semi-fabricated forms (whether or not coated, plated, drilled or punched):

(i) Wrought or worked materials fabricated by rolling, drawing, extruding, forging,
impact extruding, pressing, graining, atomising, and grinding, i.e.: angles,
channels, circles, discs, dust, flakes, foils and leaf, forging, plate, powder,
pressings and stampings, ribbons, rings, rods (including bare welding rods, wire
rods and rolled wire), sections, shapes, sheets, strip, pipe and tubes (includinj
tube rounds, squares, and hollows), drawn or extruded wire;

(ii) Cast material produced by casting in sand, die, metal, plaster or other types
of moulds, including high pressure castings, sintered forms, and forms made by
powder metallurgy.

IL 1601 Inert gas and vacuum atomizing technology to achieve sphericity and uniform size of

particles in metal powders regardless of the type of metal and the embargo status of

the powder.

IL 1602 Pyrolitic deposition technology and specially designed components therefor, as follows-





(a)Technology for producing pyrolitically derived materials formed on a mould,
mandrel or other substrate from precursor gases which decompose in the 1 573K
(1 300'C) to 3 173K (2 900'C) temperature range at pressures of 133.3 Pa to
19.995 kPa (including the composition of precursor gases flow rates, and process
control schedules and parameters);

(b) Specially designed nozzles for the above processers.

IL 1603 Seamless tube and pipe which have an outside diamet of 60 mm (2.36 inches) or
greater, and seamless fittings therefor, which are made nickel-base superalloys which
contain the following major alloying elements: 19.0 weights per cent or more
chromium, 7.4 per cent or more molybdenum, a maximum Of per cent iron, and 3.0 per cent
or more niobium (columbium) or niobium and tan alum combined.

IL 1631 Magnetic metals of all types and of whatever rm possessing one or more of the
following characteristics-

(a) Initial permeability: 0. 15 henry/m (120 000 gauss/oersteds) or more calculated at
induction 0 and magnetic field strength 0 or the equivalent;
Note:
Measurement of initial permeability must be carried out on materials which:
(a) Have a thickness between 0.076 mm (3 mil) and 2.54ram (100 mil); and
(b) Are fully annealed.

(b) Remanence: 98.5 per cent or over maximum magnetic flux for materials having
magnetic permeability;

(c) Capable of an energy product of 200 000 J/m3 (25 x 106 gauss/ oersteds) or more;
(d) Grain-oriented iron alloy, sheets or strips of a thickness of 0.1 ram (0.004 inch)
or less;

(e) Magnetostrictive alloys as follows;
(1) Saturation magnetostriction more than 5 x 10-4; or
(2) Magnetomechanical coupling factor (k) more than 0.8.

(f) Amorphous alloy strips having both of the following characteristics:

(1) Composition havin a minimum 75 weight per cent of one or more of the
elements iron, cobait and nicel; and

(2) Saturation magnetic induction (B,) of 1.6 tesla or more, and either:
(i) Strip thickness of 0.020 mm (0.0008 inch) or less; or
(ii)Electrical r sistivity of 2 x 10 ` ohm -cm or more.

IL 1635 Iron and steels alloyed follows-

(a)Containing 10 percent or more molybdenum (but more than 5 per cent
molybdenum in any alloys, containing more than 14 per cent chromium); except
products obtained by eas g and having a carbon content of more than 1.5 per
cent;

following aJoy elements in the amounts listed:

(1) 4.5 to 5.95 per cent nickel by weight;
(2) 0.3 to 10 per cent chromium;
(3) 0.2 to 0.75 per cent molybdenum;
(4) 0.04 to 0.15 per cent vanadium;
(5) Less than 0.19 per cent carbon;
(See also Item IL 1672.)

IL 1648 Cobalt-based alloys (i.e. containing a higher percentage by weight of cobalt than of
any other element), as follows-

(a) Containing 5 per cent or more of tantalum;

(b) Dispersion strengthened containing more than 1 per cent of oxides of thorium,
aluminium, yttrium, zirconium or cerium; or

(c) Containing 0.05 per cent or more of scandium, yttrium, didymium, cerium,
lanthanum, neodymium, or praseodymium.
(See also Item IL 1672.)





IL 1649 Niobium (columbium), as follows-
(a) Niobium-based alloys containing 60 per cent or more niobium or niobium-
tantalum in combination;
(b) Scrap forms of the alloys covered by sub-item (a) above.
(See also Items IL 1675 and 1760)
Note:
This Item does not embargo industrial grades oniobium of ferroniobium-
tantalum which contains at least 25% by weight of iron or other metalloid elements
common thereto.

IL 1658 Molybdenum alloys containing 97.5 per cent or more molybdenum, except wire.


IL 1661 Nickel-based alloys (i.e. containing, a h her pe entage by weight of nickel than of
any other element), as follows-

(a) With a combined content of aluminium and titanium greater than 11 per cent;

(b) Dispersion strengthened containing more than 1 per cent of oxides of thorium,
aluminium, yttrium, zirconium, leri , or lanthanum; or

(c) Containing 0.05 per cent or more scandium, yttrium, didymium, cerium,
lanthanum, neodymium, or praseodymium.

(See also Item 1649 and 1670.)

IL 1670 Tantalum and tantalum alloys, as follows-

(a)Tantalum powder containing less than 200 p.p.m. of total metallic impurities,
and sintered anodes made therefrom;

(b)Tantalum-based alloys containing 60 per cent or more of tantalum, and scrap
forms thereof.

This Item does not embargo industrial grades of ferrotantalum or ferrotantalum-
niobium which contains a least 25 per cent by weight of iron or other metalloid
elements common theret .
(See also Items 1649 an 1760.)

IL 1671 Titanium-based alloys in crude and semi-fabricated form, or as scrap, having a nominal
composition of 6 per cent alurninium, 2 per cent tin, 4 per cent zirconium, 6 per cent
molybdenum, and the balance titanium.
(See also Item IL 1672.)

IL 1672 Aluminides of titanium hich contain 12 weight per cent or more aluminium, and
aluminides of nickel, cobalt and iron which contain 10 weight per cent or more
aluminium, in crude or semi-fabricated forms, and scrap thereof.
(See also Item IL 1635, 1648, 1661 and 1671.)

IL 1674 Vanadium of 99.7 per cent or higher purity (including scrap) and alloys which contain
vanadium of 99.7 per cent or higher purity as an alloying agent (including scrap).

IL 1675 Superconductive materials of all types and processed conductors containing at least one

superconducting constituent, which are designed for operation at temperatures below
103K (- 1700C, -274oF), except processed conductors which possess all of the
following characteristics-

(a) The superconducting constituent, when evaluated in sample length of less than one
metre, does not remain in the super-conducting state when exposed to magnetic
induction in excess of 12 tesla at a temperature of 4.2K (- 268'C, - 451.8'F);

(b) The superconducting constituent or filament has a cross-section area greater than
3.14 X 10-4 mm (20-micrornetre diameter for circular filaments);

(c) The superconducting filament(s) are embedded in a copper or copper-based
mixture matrix; and

(d) is either non-coated or insulated with varnish, glass fibre,
polyamide;






Technical Note:

Superconductive materials are metals, alloys and compounds which lose electrical
resistance near absolute zero of temperature, i.e. they have infinite electrical
conductivity and can carry very large electrical currents without Joule heating. The
superconducting state for each material is individually characterized by a critical
temperature, a critical magnetic field (which is a function of temperature) and a
critical current density (which is a function of both magnetic field and temperature).
Materials remain in the superconducting state provided temperature, magnetic field
and current density are all less than the critical values.

GROUP 1

CHEMICALS, METALLOIDS AND PETROLEUM PRODUCTS

IL 1702 Hydraulic fluids which contain as the principal ingredient(s), petroleum (mineral)
oils,
synthetic hydrocarbon oils, non-fluorinated silicones or fluorocarbons, and which have
all of the following characteristics-

(1) A flash point of greater than 477K (2040C, 400'F);

(2) A pour point of 239K (- 34'C, - 300F) or lower;

(3) A viscosity index of 75 or greater; and

(4) Thermally stable at 616K (3430C, 650F).

Technical Notes:

1 .For the purpose of this Item, 'flash point' is determined using the 'Cleveland Open
Cup Method' as shown in ASTM D-92 or national equivalents.

The following is the test procedure for determining thermal stability:

Twenty cc of the fluid under teit shall be placed in a 46 cc type 317 stainless
steel chamber containing one each 5 inch (nominal) diameter balls of M-10 tool
steel, 52100 steel and naval bronze (60 per cent Cu, 39 per cent Zn, 0.75 per
cent Sn). The chamber shall be purged ith nitrogen, sealed at atmospheric
pressure and the temperature raised to 644 ~6'IK (371 + 6'C, 700 + 10'F) and
maintained at this temperature for six hours. 1

The specimenwill be con'So~ered thermally stable if at the completion of the
above procedure all of the follo ing conditions are met:

(1) The loss in weight of each ball is less than 0.1 mg/sq.cm of ball surfact
(0.65 mg/sq.inch);
(2) The change in original viscosity as determined at 380C is less than 25 per cent
when measured in the centissokes system of units; 1 viscosity as determined at 38'C is less than 25 per

(3) The total acid or base number is less than, 40.

IL 1715 Boron, as follows-

(a) Boron element (metal) in all forms;

(b) Boron compounds, mixturee, and composites comtainting 5 per cent or more of
boron (except pharmaecutical specialities packaged for retail sale), as follows:

(1)Non-ceramic boron-nitrogen compounds (e.g. borazanes, borazines and
boropyrazoyls);

(2)Boron hydrdes (e.g. boranes), except sodium boron hydride, potassium boron
hydride, monoborane, diborane and triborane;

(3)Organoborn compounds, including metaflo-organoboron compounds;

IL 1733Base materials, non-composite ceramic materials; ceramic-ceran-lic composite
materials
and percursor materials for the manufacture of high temperature fine technical
ceramic
products, as follows-
(a) Base materials, i.e. 'high purity' fine powders with uniform particle-size dis-
tribution', as follows:





Single or complex non-composite oxides, borides, carbides or nitrides of silicon,
aluminium, boron, zirconium or tantalum, except:

(i) Single oxides of silicon, boron, aluminium or tantalum;

(ii) Single or complex borides of silicon. and
(iii) Single or complex borides or carbides I al

Technical Notes:

1 .For the purpose of this item, 'high punity' is defined as a total metallic
impurity, excluding intentional or desired additions, of less than

(a) 1000 ppm for single oxides or single carbides;
(b) 5 000 ppin for complex compounds, single borides or single nitrides.

2. 'Fine powders with uniform particle size distribution' are defined as powders
with at least 90 per cent of th particles being less than or equal to
10 micrometres, and the avera particle size being less than or equal to
5 micrometres.
(For zirconia, these limits will be micrometres and 1 micrometre
respectively.)

Notes: ;

1.For compounds of thorium hafnium, see also Items A.2 and A.8 on the
Atomic Energy List.

2.For compounds of zirconium, see also Item A.4 on the Atomic Energy List.

3.For compounds of tantalup, see also Item IL 1760.
(b) Non-composite ceramic materials, in crude or serni-fabricated form, having
compositions of the base materials embargoed by sub-itern (a) above;

(c) Granular or fibrous cera ic-ceramic composite materials, containing finely

dispersed particles or phase or any non-metallic fibrous or whisker-like
materials, whether externally introd ced or grown in situ during processing,
where the following materials form the host matrix:

(1) All oxides, including glasses;


(2) Carbides or nitrides of silicon or boron;

(3) Borides, carbides or nitrides of zirconium hafnium or tantalum;

(4) Carbon; or

(5) Any combination of the materials enumerated in (1) to (4) above;

(d) Percursor materials, ie special-purpose polymeric or metallo-organic materials
for

producing any phas or phases of the materials covered by sub-items (b) or (e)
above, as follows'

(1) Polycarbosilanes and polydiorganosilanes (for producing silicon carbide);

(2) Polysilazanes or (for producing silicon nitride) producing silicon nitride); or

(3) Polycarbosilazanes (for producing ceramics with silicon, carbon and nitrogen

components)

IL 1734 Low density rigid, carbon-bonded, fibrous or non-fibrous carbon thermal insulating
materials having all of the following characteristics-

(a) a capability of operating at temperatures greater than 2 273K (2 OWC);

(b) A density great than 100 kg/ml and less than 300 kg/m';

(c) A compressive rength greater than 0. 1 MPa and less than 1.0 MPa;

(d) A flexural strength greater than 1.0 MPa; and

(e) A c:rb.n con ent of greater than 99.9% of total solids.

IL 1746 Polymeric substa ces, as follows, and manufactures thereof

(a) Polyimides ( ncluding maleirrtides);

Note:

This sub-item is not intended to cover fully cured polyimide or polymide-based
sheet, tape or ribbon having a maximum thickness of 10 mils (0.010 inch or
0.254 mm) whether or not coated or laminated with heat or presure-sensitive
substances of an adhesive nature, which contain no fibrous reinforcing
nd which have not been coated or laminated with carbon, graphite, metals or
magnetic substances.





(b) Polybenzimidazoles;
(c) Aromatic polyamides, except:

(1)Filament yarns, staple fibres, chopped Wes, spun yarns or threads, having
both of the following characteristics..

(i) A 'fibre modulus' of 22.075 N per tex or less;
and (ii) 'Tenacity' of 0.970 N per tex less;

(2)Pulp made from materials described under (c)(1) above;

Note:

This sub-item also covers heteroc ic aromatic polyaraides characterized as

aromatic due to the presence of a benzene ring. (d)
Polybenzothiazoles; (e) Polyoxadiazoles (f)
Polyphosphazenes (Polyphosphonitriles); (g)
Polystyrylpyridine (PSP); (h) Thermoplastic liquid
crystal copolyesters, as follows:

(1)Ethylene copolyesters of terephthalic acid and parahydroxybenzoic acid,
except manufactures thereof, having both of the following characteristics:

(i) A tensile modulus of less than 15 GPa; and (ii) Specially designed for
non-aerospace, non-electronic civil applications;

(2)Phenylene or biphenylene copolyesters of terephthalic acid and parahydroxy-
benzoic acid.
(i) Polybenzoxozoles;
(j) Aromatic polyetber ether ketones (PEEK);
(k) Polymeric products of butadiene, as follows:

(1)Carboxyl terminated polybutadiene; hydroxyl terminated polybutadiene; thiol
terminated polybutadicne; and cyclised 1,2-polybutadiene;

(2) Mouldable copolymers of butadiene and acrylic acid;

(3) Mouldable terpolymers of butadiene, acrylonitrilc and acrylic acid or any of
the homologues of acrylic acid;
(1) Carboxyl tortninated polyisoprene.

(See also ]hem IL 1564).

Note:
This item does not embargo manufactured articles where the value of the polymeric
component thgether with materials embargoed by other items is less than 50 per cent
of the total vaM of the materials used.

Technical Note:
The charaoteristics referred to in sub-item (c) are defined as follows, in accordance
with ASTM Standard D2 101-72

(a)'Tenacity': tensile stress when expressed as force per unit linear density of the
unsfrained specimen, i.e. Newton per tex.

(b)'Fibre Modulus' (secent modulus): ratio of change in stress to change in strain
between two points on a stress-strain curve, particularly the points of zero stress
and breaking stress, and is expressed in Newton per tex.

N.B.
'Tex' is the number of grams in 1000 metres of material.

1749 Polycarbonate sheet of 1.5 ram. (0.060 inch) to 25.4 mm, (1 inch) thinkness, having
no
'major defects' and having all of the following optical characteristics-
(a) Less than 2 per cent haze as deterntined by method ASTM D1003;
(b) An angular deviation, as determined by method ASTM D63 11, as follows:

(1) Not more than 12 minutes at any location more than 25.4 rum (1 inch) from

the edge of the sheet for sheet thickness of 1.5 mm (0.060 inch) to 9.5 mm.

(0.375 inch); or

(2)Not more than 20 minutes at any location more than 25.4 mm (1 inch)
from the edge of the sheet for sheet thickness over 9.5 mm (0.375 inch) to
25.4 mm (1 inch);





(c)Total number of minor optical defects (excluding those within 25.4 min (1 inch)
of the sheet edge) as follows:

(1) Not exceeding 1 per 0.368 M2 (4 ft2) for sheet which is 12.7 mm (0.5 inch)
or less in thickness; or

(2) Not exceeding 2 per 0.092 M2 (1 ft2) for sheet over 12.7 mm (0.5 inch) in
thickness.
Technical Note:
'Major defects' are defined as variations in the material which cause angular deviations
either side of the undeviated position excess of those listed in sub-item (b) above.
Minor defects include any embedded particles, bubbles, scratches or internal inhomogeneity
with a major dimension of at least 0.250 m , and those localized imperfections which
cause a variation in angular deviation of more than 5 minutes within a distance of not
more than 508 min. (20 inches) on the screen when tested by method ASTM D637.
(It is not intended that the entire sheet be quarititatively surveyed for such variation
in deviation, but that localized imperfections which are suspected of being detrimental
he evaluated by means of this test).
(For manufactures thereof, see Item ML 10 on the Munitions List.)

IL 1754 Fluorinated compounds, materials and manufactures thereof, as follows-
(a) Compounds, as follows:
(1) Dibromotetrafluoroethane, excep that having a purity of 99.8 per cent or less
and containing at least 25 particles, of 200 micrometres or larger in size, per
100 M1;
(2) Perfluoroalkylamines;

(b) Polymeric materials and intermediates, unprocessed, as follows:
(1) Polychlorotrifluoroethylene, oily and waxy modifications only;
(2) Fluoroelastomeric compouncomposed of at least 95 per cent of a
combination of two or more of the following monomers: tetrafluoroethylene,
chlorotrifluoroethylene, vinylidene fluoride, hexafluoropropylene, bromotrifluoroethylene,
iodotrifluoroethylene, perfluoromethylvinylether and perfluoroproxyproplvinyleter;
(3) Polybromotrifluoroethylene ;

(4)Copolymers of vinylidene fluoride having 75 per cent or more beta crystalline
structure without stretchi g;

(5)Fluorinated silicone rubber and intermediates for their production containing
10 per cent or more of co bined fluorine;

(c) Manufacturers, as follows:

(1)Greases, lubricants and dieletric electric, damping and flotation fluids made of at least
85% of any 0' the ~aterials in (a) and (b) above;

(2)Electric wire and able Coated with or insulated with any of the materials in
(b)(2) above, excep, well logging cable;

(3)Seals, gaskets, rods, sheets, sealants or fuel bladders made, of more than 50 per cent of any
of the materials in (b)(2) above, specially designed for aerospace and
aircraft use;

(4) Piezoelectric polymers and copolymers made from vinylidene fluoride
having both of the following characteristics:

(i) In sheet or film form; and
(ii) With a thinknes of more than 200 micrometres.

(For hydraulic fluids using these elements, see also Item IL 1701)


IL 1755 Silicone fluids and greases, follows-

(a) Fluorinated silicons, fluids, except those with kinematic viscosity of 5 000 centi-
strokes or higher measured at 250C;

(b)Silicone and fluorinated silicone lubricating greases capable of operating at
temperatures of 180'C (356'F) or higher and having a drop point (method of test
being ASTM or ITP )~, 220'C (428 F) or higher.

(For hydraulic fluids using these elements, see also Item IL 1702.)





IL 1757 Compounds and materials, as follows-

(a)Monocrystalline silicon, except metallurgical-grade monocrystalline silicon having
a purity not better than 99.97 per cent;

(b)Gallium of a purity equal to or greater than 99.9999 per cent and gallium 111/V
compounds of any purity level except:

(i) Gallium phosphide; or

(ii) Other gallium 111/V compounds having a dislocation density (etch pit
density-EPD) greater than 500 000 per cm';

Indium of a purity greater than 99.9995 per cent and III-V indium compounds
containing more than 1 per cent indium;

(d) Hetero-epitaxial materials consisting of a monocrystalline insulating substrate
epitaxially layered with silicon, compounds of gallium or compounds of indium;

(e) Elemental Cd and Te of purity levels equal to or more than 99.9995 per cent and
CdTe compounds of a purity level equal to or more than 99.99 per cent or single
crystals of CdTe of any purity level;

(f) Polycrystalline silicon, except polycrystalline silicon having a purity not better than
99.99 per cent and containing at least 0.5 part in 10' each of iron, carbon, boron
and phosphorus, plus other impurities;

(g)Compounds having a purity level based upon the amount of the primary
constituents of 99.5 per cent oil better and used in the synthesis of the materials
covered by sub-item (f) above, or used as the silicon source in the deposition of
epitaxial layers of silicon, silico oxide or silicon nitride;

Note:

SiC12112 is embargoed by thi sub-item when having a purity level of 97.0 per
cent or better;

(h) Single crystals sapphire substrates;

(i)B2 O3 with a punty of 99.9 per cent or greater, containing 1000 parts per million
of H20 or less, in powder or cast form;

(j) Monocrystalline germa ium with a resistivity greater than 100 ohm.cm;

(k) Resist materials follows:

(1) Negative resists whose spectral response has been adjusted for use below 350
nanometres.

(2) All positive resists;

(3) All resists for use with E-beams or ion beams with a sensitivity of 100
micro-coulomb/cm or better;

(4) All resists r use with X-rays with a sensitivity of 500 MillijoUlCS/CM 2 or better;
or

(5) All resists pecified or optimized for dry development;

(l)Single-crystal orms of bismuth germanium oxide having piezoelectric properties
and single- forms of lithium niobate, of lithium tantalate and of aluminium
phosphate;


(m)Metal-organic or hydride compounds of beryllium and magnesium (Group IIA),
zinc, cadiu and mercury (Group 1113), aluminium, gallium and indium (Group
IIIA), phosphorus, arsenic and antimony (Group VA) and selenium and tellurium
(Group VIA) having a purity (metal basis) of 99.999 per cent or better.

IL 1759 Syntactic foam for underwater use formulated for applications at depths greater
than 1000 metres or with a density of 0.561 g/cml (35 Ibs/cu ift) (specific gravity
0.561) or less.

Notes:
(1) Syntactic foam consists of hollow plastic or glass spheres less than 100
micrometres in diameter uniformly embedded in a resin matrix.

(2) For deep submergence vehicles, see Item IL 1418.





IL 1760 Compounds of tantalum and niobium (columbium), as follows

(a)Tantalates and niobates having a purity of 99 per cent or better except
fluorotantalates;

(b)Other compounds containing 20 per cent or more of tantalum in which the niobium
content with respect to tantalum is less than one part per thousand;

(See also Items IL 1649 and IL 1670.)

Note:

This item does not cover single-crystal lithium niobate and single-crystal lithium
tantalate, for which see Item IL 1757(1)

IL 1763Fibrous and filamentary materials which may be used in composite structures or
laminates, and such composite structures and laminates, as follows-
(a) Fibrous and filamentary materials having both of the following characteristics:
(1) 'Specific modulus' greater than 3.18 X 106 M (1.25 x 10' in);
(2) 'Specific tensile strength' greater than 7.62 x 101 m (3 x 101 in);
(b) Fibrous and filamentary materials having both of the following characteristics:

(1) 'Specific modulus' greater than 2.54 x 106 M (1 x 108 in);
(2) Melting or sublimation point higher than 1 992K (1 6491C) (3 000'17) in an

inert environment except:

(i) Carbon fibres having a 'specific modulus' less than 5.08 x 101 m (2 x
101 in)and a 'specific tensile strength' less than 2.54 x 10, m (1 x 101
in).

(ii) Discorilinuou tiphase polyerystalline alurnina fibres in chopped fibre or
random mat form, containing three per cent by weight or more silica,
having a 'specific modulus' less than 10 x 101 m (3.92 x 101 in);

(c)Resin-impregnated fibres (prepregs) and metal-coated fibres (preforms) made from
materials covered by sub-items (a) or (b) above;

(d)Composite structures, laminates and manufactures thereof made either with an
organic matrix or a metal matrix utilizing materials covered by sub-items (a) or
(b) above.

Technical Notes:

The term 'fibrous and filamentary materials' includes:
(a) Continuous monfilaments;

(b) Continuous yarns and rovings;

(c) Tapes, woven fabrics and random mats;

(d) Chopped fibres, staple fibres and coherent fibres blankets;

(e) Whiskers, either monocrystalline or polycrystalline, of any length.

'Specific modulus' is Young's modulus in N/m' (Ibs force/sq in) divided by specific
weight in N/m' (lbs force/cu. in), measured at a temperature of (296+2)K
Q23+2)'QQ73-4 3.6ff) and a relative humidity of (50+5) percent.

3.'Specific tensile stength' is ultimate tensile strength in N/M2 (Ibs force/sq. in)
divided by specific weight in N/M3 (Ibs forcelcu. in) measured at a temperature of
(296 + 2)K (23 +2)'C) Q73.4 + 3.6ff) and a relative humidity of (50 + 5) per
cent.
IL 1767Preforms of glass or of any other material specially designed for the fabrication of
optical fibres covered by Item IL 1526(c) and (d).

Technical Note:

Optical fibre preforms are defined as bars, ingots, or rods of glass, plastic or other
materials which have been specially processed for use in fabricating optical fibres.
The characteristics of the preform determine the basic parameters of the resultant
drawn optical fibres.





IL 1781 Synthetic lubricating oils and grealses which are or which contain, as their principal
ingredient, the following

(a)Monomeric and polymeric forms of perfluorotriazines, perfluoroaromatic ethers
and esters, and perfluoroaliphatic ethers and esters;

(b)Polyphenyl ethers or thio ethers co, taining more than three phenyl or alkyl
phenyl groups.

(L.N. 194188)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2360

Edition

1964

Volume

v6

Subsequent Cap No.

60

Number of Pages

149
]]>
Tue, 23 Aug 2011 18:06:15 +0800
<![CDATA[IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2359

Title

IMPORT AND EXPORT (REMOVAL OF ARTICLES) REGULATIONS

Description






IMPORT AND EXPORT (REMOVAL OF ARTICLES)
REGULATIONS

(Cap. 60, section 3 1)

[23 December 1983.1

1. These regulations may be cited as the Import and Export
(Removal of Articles) Regulations.

Schedule.

2. In these regulations 'form' means a form prescribed in the

3. (1) A notice under section 20A(2) of the Ordinance shall be in
the form prescribed in Part 1 of Form 1.

(2) Permission granted under section 20A(4) of the Ordinance to
remove or permit the removal of the article to which Part 1 of Form 1
relates may be given in the form prescribed in Part 11 of Form 1.

4. (1) A notice under section 20B(1) of the Ordinance shall be in
the form prescribed in Part 1 of Form 2.

(2) For the purposes of section 20B(3)(b) of the Ordinance an
officer may inform the consignee or occupier that an examination is
unnecessary by an appropriate endorsement on Form 2 in the form
prescribed in Part 11 thereof and if he examines the article he shall
likewise make the appropriate endorsement.

5. (1) A form shall be used with such variations as the
circumstances of the case may require and shall be signed by the officer
by whom the notice is given.

(2) Particulars required to be stated in any form may be stated on a
document annexed thereto signed by the officer who signs the form and
any document so annexed shall be deemed to be part of the form.

6. A notice under section 20A or 20B of the Ordinance may be
served on any person

(a) by delivery to him personally;

(b) by leaving it at his usual place of abode or business;

(c)in the case of a company as defined for the purposes of the
Companies Ordinance, by leaving it at the registered office of
the company;

(d)in the case of any body of persons, corporate or unincor- by
leaving it at their principal place of business in Hong Kong;





SCHEDULE [regs. 2, 3 & 4.]

FORM 1 [reg. 3.]

IMPORT AND EXPORT ORDINANCE

(Chapter 60)

Notice given by a member of the Customs and Excise Service
prohibiting the removal of articles for the purpose of
establishing the identity of the
consignee of the articles

Serial No . ............

PART I





To: ..............................................................................................................................
(Owner of Vessel /Aircraft /Vehicle*)

Notice is hereby given under section 20A of the Import and Export Ordinance
(Chapter 60) that you are prohibited from removing or permitting the removal of
the
article(s) described as follows-

Description and Quantity
....................................................................................

Identification Mark .........

Vessel/Flight No./Vehicle No.* ...........................................................................

Container No. (if any) .
........................................................................................

Date of

Arrival..............................................

Port of

Loading................................................

Bill of Lading/Air Waybill/Delivery Order No.* ...

from the said vessel /aircraft/vehicle* except to the place designated by you,
namely, .......................... and where such article(s) is/are*
to be stored in the said designated place. you and the occupier thereof namely,
......................, are prohibited from
removing or permitting the removal of such article(s) from the said designated place save in
accordance with permission therefor.

Officer's name ..... Officer's signature ...............
Officer's rank ............. Date ................ Time ..............
Telephone No . ...............
Copy of this notice given to: ......................................
(Occupier of the storage place)
on ....................................... (date) ..............................

...................
Officer's signature

Note: (1)It shall be the duty of the person upon whom this notice is served and
the occupier of the storage place if it is served on him, at any time
prior to the grant of permission to remove or permit the removal of
the article(s) upon obtaining information as to the identity or
particulars of the consignee of the article to which the notice relates,
being information not previously supplied by such person to the officer
giving the notice, to supply such information to the officer specified in
the notice. It is a criminal offence not to supply such information.





(2) It is a criminal offence-

(a) to fail to comply with this notice;

(b)where the notice is served on the occupier of any storage place for
him to remove or permit the removal of the article without the
permission of the officer giving this notice.

The maximum penalty is 510,000 and 6 months'
imprisonment.

PART II

Permission is hereby granted for the removal of the article(s) described in Part
I of this notice from the vessel/aircraft /vehicle* or the designated place* specified
in Part 1 of this notice unconditionally/after examination under section 20 of the
said Ordinance*.

Officer's name ......................................

Officer's rank ........................................

*Delete whichever is inapplicable.

Officer's signature .................................

Date................................
Time......................

* Delete whichever is inapplicable.


FORM 2

IMPORT AND EXPORT ORDINANCE

(Chapter 60)

Notice by a member of the Customs and Excise Service
requiring the removal of articles to specified
premises fop. examination

Serial No . ............

PART I

To: ............... .....................

(Consignee of the article(s) )

[reg. 4.]


1. Notice is hereby given under section 20B of the Import and Export
Ordinance (Chapter 60) that you are required to remove the article(s) described as
follows

Description and Quantity
....................................................................................








Identification Mark
..........................................................................................
... Vessel Flight No. Vehicle No.*
...................................................................... Container No.
(if any) ................................................................................

Date of

Arrival .................

Port of

Loading
...............................................
.

Bill of Lading Air Waybill Delivery Order No.*
................................................

from the said vessel aircraft vehicle* to the premises nominated b., you, namely.

......................................1 . for examination by
members of the Customs

and Excise Service ice. You and the occupier thereof. namely .
....................................... are prohibited from removing or permitting the removal
of such article(s) from the said nominated premises until the article(s) has have*
been examined b\; an officer or* such examination is declared unnecessary by an
officer.

*2. It is a condition of this notice that the article(s) shall at all times until it is
the,. are* examined by, an officer under section 20 of the said Ordinance be
guarded b\ an officer.

Officer's name
......................................
Officer's rank
........................................

Telephone No . ..............................

Copy of this notice given to:
....................

on
....................................... (date)
..............

Officer's signature
................................

Date ....Time

.............. 1 .......

(Occupier of the storage place)

... (time)

......................... --- --

Officer 's
Note: (1)It is the duty of the person in control of the premises specified in Part
1 of this notice to permit an officer to have access to. and to examine.






the article(s)

(2)If paragraph 2 is applicable an officer may at any time enter upon the
premises specified in Part 1 of this notice and take such measures as are
reasonably necessary to protect the article(s) described in Part 1 of this
notice from interference until the completion of examination.

(3) It is an offence-

(a) to fail to comply with this notice;

(b)for the consignee of the article(s) and. where this notice served on
the occupier of any storage place. for that occupier. to remove or
permit the removal of the article(s) from the place specified in
this notice until the article(s) is/are examined or an officer has
informed the consignee or occupier an examination is unnecessary.

The maximum penalty is $10.000 and 6 months' imprisonment.

PART II

article(s) described in Part 1 of this notice examined. Examination of the
article(s) described in Part 1 of this notice is unnecessary.*

Officer's name .....Officer's signature

Officer's rank .....Date ......Time

*Delete whichever is
inapplicable.






1983



1983 L.N. 397/83. Citation. Interpretation. Schedule. Notice and permission under section 20A. (Cap. 60.) Notice and permission under section 20B. Use of forms. Service of notice. (Cap. 32.)

Abstract

L.N. 397/83. Citation. Interpretation. Schedule. Notice and permission under section 20A. (Cap. 60.) Notice and permission under section 20B. Use of forms. Service of notice. (Cap. 32.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2359

Edition

1964

Volume

v6

Subsequent Cap No.

60

Number of Pages

7
]]>
Tue, 23 Aug 2011 18:06:14 +0800
<![CDATA[IMPORT AND EXPORT (REGISTRATION) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2358

Title

IMPORT AND EXPORT (REGISTRATION) REGULATIONS

Description






IMPORT AND EXPORT (REGISTRATION)
REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

1. Citation ...

2. Interpretation

PART 1

CITATION AND
INTERPRETATION

PART 11

IMPORT AND EXPORT
DECLARATIONS

3. Exemptions in respect of regulations 4 and 5

4..............Import declarations ... ... ... ...
5..............Export declarations ... ... ... ...

6. Place and manner of lodging declarations
7. Charges payable on the late lodgement of declarations

8.........................Charges payable on lodgement of declarations ... ...

9.......................Verification of particulars in declarations ... ... ...

10. Assessment of extra charges in certain circumstances, penalties and appeals

PART Ill

MANIFESTS AND OTHER
INFORMATION

11. Import manifests and other particulars
12. Export manifests

12A. Additional manifests

13.

PART IV

MISCELLANEO
US

Information and documents obtained under these regulations not admissible in

proceedings under other enactments.... ... ... ... ... ... ... ... ...

14. Publication of forms specified by the Commissioner ... ... ... ... ... ...







IMPORT AND EXPORT (REGISTRATION)
REGULATIONS*

(Cap. 60, section 31)

PART 1

CIATION AND
INTERPRETATION

[3 October 1966.]

1. These regulations may be cited as the Import and Export
(Registration) Regulations.

2. In these regulations, unless the context otherwise require

'A.T.A. Carnet' means a document

(a)in the form set out in the annex to the Customs Convention
on the A.T.A. Carnet for the Temporary Admission of Goods
(otherwise known as the A. T.A. Convention) agreed at
Brussels on 6 December 1961; or

(b)in such other form as may from time to time be provided by
any amendment to the Convention, so long as the United
Kingdom adheres to it;

'clothing item' means any item of apparel which is specified in the
Schedule to the Industrial Training (Clothing Industry) Ordinance
and manufactured in Hong Kong;

'exempted article' means any article to or in respect of which
regulations 4 and 5 do not apply by virtue of the provisions of
regulation 3;

'Imports and Exports Classification List' means the current Hong
Kong; Imports and Exports Classification List issued by the
Commissioner as amended from time to time by notification
published in the Gazette;

,,owner' in respect of an aircraft includes every person acting as agent
for the owner or who receives freight or other charges in respect of
the aircraft;

'transhipment cargo' means any imported article that is consigned on a
through bill of lading or a through air waybill from a place outside
Hong Kong; to another place outside Hong Kong; and is or is to
be removed from the vessel, vehicle or aircraft in which

These regulations were formerly cited as the Importation and Exportation
(Registration of Imports and Exports) Regulations.





it was imported and either returned to the same vessel, vehicle or
aircraft or transferred to another vessel, vehicle or aircraft before
being exported, whether it is or is to be transferred directly between
such vessels, vehicles or aircraft or whether it is to be landed in
Hong Kong; after its importation and stored, pending exportation;

'transit cargo' means any article that is destined for a place outside
Hong Kong; and is passing through Hong Kong; on the same ship
or aircraft without transhipment.

PART 11

IMPORT AND EXPORT DECLARATIONS

of-

3.

Nothing in regulations 4 and 5 shall apply to or in respect

(a) transhipment cargo;

(b) transit cargo;

(c)articles imported or exported by the Government or the armed
forces of the Crown;

(d)ships' stores, including bunker fuel, for use by or
consumption on board the vessel on which the stores are
carried;

(e)aircraft stores, including aviation fuel, for use by or
consumption on board the aircraft on which the stores are
carried;

personal baggage including any article which is shown to the
satisfaction of the Commissioner to be imported or exported
otherwise than for trade or business, but not including motor
vehicles;

(g)any postal packet the contents of which are valued at less
than $4,000;

(h) any article-

(i) which consists solely of, and is marked clearly as,
advertising material and which is supplied free of charge;

(ii) which consists solely of, and is marked clearly as, a
sample of any product and which is intended, to the
satisfaction of the Commissioner, to be distributed free of
charge for the purpose of advertising the article of which it is a
sample;

(iia) valued at less than $1,000, which consists solely of a
sample of any product and is intended, to the satisfaction of
the Commissioner, to be used for the purpose of advertising
the article of which it is a sample;





(iii) which is imported solely for the purpose of exhibition
and which is intended, to the satisfaction of the
Commissioner, to be exported after it has been exhibited and
is neither sold nor disposed of in any other way in Hong
Kong;

(iv) which is exported solely for the purpose of exhibition
and which is intended, to the satisfaction of the
Commissioner, to be imported after exhibition;

(v) which is imported after having been exported for
exhibition in accordance with sub-paragraph (iv);

(vi) which is imported or exported under and in accordance
with an A.T.A. Carnet;

(vii) which is imported solely for the purpose of being used
in a sports competition and which is intended, to the
satisfaction of the Commissioner, to be exported after the
competition and is neither sold nor disposed of in any other
way in Hong Kong;

(viii) which is exported solely for the purpose of being used
in a sports competition and which is intended, to the
satisfaction of the Commissioner, to be imported after the
competition; or

(ix) which is imported after having been exported for use in
a sports competition in accordance with subparagraph (viii);

(i)marine fish, including edible crustaceans, molluscs and other
similar edible products derived from the sea, arriving in Hong
Kong; direct from fishing grounds on fishing craft registered
or licensed in Hong Kong;

(j)gifts of a personal nature where no payment is or is to be
made by the receiver thereof;

used empty freight containers which are-

(i) regularly imported and exported; and

(ii) used solely for the carriage of articles which are
imported or exported;

(1)any aircraft part or accessory imported or exported by an air
transport undertaking operating air services on international
routes, the principal place of business of which is situated
outside Hong Kong; for the purpose of being

(i) used in the repair or maintenance of aircraft owned or
chartered by such undertaking and operated by it on any
international air route; or

(ii) given in non-profitable exchange for any other aircraft
part or accessory to any other similar air transport
undertaking for a similar use,

and which is used for such purpose or so exchanged and
used; 1







(m)any article imported by a transport undertaking operating sea
or air freight transport services on international routes, the
principal place of business of which is situated outside Hong
Kong; for the purpose of being used in the repair and
maintenance of freight containers operated by that
undertaking in the transport of goods by sea or air on its
international routes and which is used for such purpose.

4. (1) Every person who imports any article other than an exempted
article shall lodge with the Commissioner an accurate and complete
import declaration relating to such article in such form as the
Commissioner may specify from time to time together with as many
copies as the Commissioner may specify.

(2) Every declaration required to be lodged under paragraph (1)
shall be lodged within 14 days after the importation of the article to
which it relates.

(3) Only one declaration is required in respect of imported articles
that

(a) (i) have item code numbers with identical first 3 digits;

and

(ii) were imported in the same ship, vehicle, train or aircraft;
and

(iii) were consigned from the same country; or

(b)were imported under one bill of lading or air waybill but do not
have item code numbers with identical first 3 digits.

(3A) Notwithstanding paragraph (2), where articles

(a) are imported on a frequent and regular basis;

(b) have a value not exceeding $1,000 for each consignment;

(c) have an identical code number; and

(d) are consigned from the same country,

a monthly declaration may, with the prior approval of the Commissioner,
be lodged not later than the 7th day of each month, setting out
particulars of every such article imported during the previous month.

(3B) Subject to paragraphs (3) and (3A), a separate declaration
shall be lodged under paragraph (1) in respect of each article imported.

(4) The country code number, the item code number and the unit of
quantity required to be inserted in a declaration under paragraph (1) are
respectively the appropriate country code number, item code number
and unit of quantity set out in the Imports and Exports Classification
List.





(5) Any person who, in contravention of the provisions of
paragraph (1), knowingly or recklessly lodges any declaration with
the Commissioner that is inaccurate in any material particular shall
be guilty of an offence and shall be liable on summary conviction to
a fine of $10,000.

(6) Every person who, being required to lodge a declaration
under paragraph (1), fails or neglects, without reasonable excuse. to
do so within the period specified in paragraph (2), or, where he has
such excuse, fails or neglects to lodge such declaration as soon as is
practicable after the cessation of such excuse, shall be guilty of an
offence and shall be liable on summary conviction to a fine of $1,000,
and, commencing on the day following the date of conviction, to a
fine of $100 in respect of every day during which his failure or
neglect to lodge the declaration continues.

(7) The Commissioner may, on the tender of any import
declaration that is incomplete in any respect or on the tender of an
import declaration without the number of copies specified by the
Commissioner, refuse to accept the declaration until it is completed
in every respect or until the specified number of copies is submitted,
as the case may be, and upon such refusal the declaration shall be
deemed not to have been lodged with the Commissioner.

5. (1) Every person who exports or re-exports any article
other than an exempted article shall lodge with the Commissioner an
accurate and completed export declaration relating to such article in
such form as the Commissioner may specify from time to time
together with as many copies as the Commissioner may specify.

(2) Every declaration required to be lodged under paragraph
(1) shall be lodged within 14 days after the exportation of the article
to which it relates.

(3) Only one declaration is required in respect of exported
articles that-

(a) (i) have item code numbers with identical first 3 digits;
and
(ii) were exported in the same ship, vehicle, train or
aircraft; and
(iii) were consigned to the same country; or

(b)were exported under one bill of lading or air waybill but do
not have item code numbers with identical first 3 digits.

(3A) Notwithstanding paragraph (2), where articles-

(a) are exported on a frequent and regular basis;

(b) have a value not exceeding $1,000 for each consignment;

(c) have an identical item code number; and





(d) were consigned to the same country,

a monthly declaration may, with the prior approval of the Commissioner,
be lodged not later than the 7th day of each month, setting out the
particulars of every such article exported during the previous month.

(3AA) Notwithstanding paragraph (3), a separate declaration shall
be lodged in respect of clothing items exported.

(3B) Subject to paragraphs (3) and (3A), a separate declaration
shall be lodged under paragraph (1) in respect of each article exported.

(4) The country code number, the item code number and the unit of
quantity required to be inserted in a declaration under paragraph (1) are
respectively the appropriate country code number, item code number
and unit of quantity set out in the Imports and Exports Classification
List.

(5) Any person who, in contravention of the provisions of
paragraph (1), knowingly or recklessly lodges any declaration with the
Commissioner that is inaccurate in any material particular shall be guilty
of an offence and shall be liable on summary conviction to a fine of
$10,000.

(6) Every person who, being required to lodge a declaration under
paragraph (1), fails or neglects, without reasonable excuse, to do so
within the period specified in paragraph (2), or, where he has such
excuse, fails or neglects to lodge such declaration as soon as is
practicable after the cessation of such excuse, shall be guilty of an
offence and shall be liable on summary conviction to a fine of $1,000
and, commencing on the day following the date of conviction, to a fine
$100 in respect of every day during which his failure or neglect to lodge
the declaration continues.

(7) The Commissioner may, on the tender of any export declaration
that is incomplete in any respect or on the tender of an export
declaration without the number of copies specified by the
Commissioner, refuse to accept the declaration until it is completed in
every respect or until the specified number of copies is submitted, as the
case may be, and upon such refusal the declaration shall be deemed not
to have been lodged with the Commissioner.

6. Every import or export declaration required to be lodged
pursuant to regulation 4(1) or 5(1) shall be lodged either in person at
such office or office as the Commissioner shall, by notice in the Gazette,
designate for this purpose, or by sending it by pre-paid post to such
address as the Commissioner shall, by notice in the Gazette, designate
for this purpose.





7. (1) Any person who fails to submit a declaration in compliance
with regulations 4 and 6 or regulations 5 and 6, as the case may be, shall
be liable, in addition to any other penalty or charge, to pay to the
Commissioner a penalty in respect of each such failure in accordance
with the following table

Time of lodging a
declaration

Total value
of articles
specified it
a declaration
not exceeding
$20,000

Penalty payable where a declaration is lodged after
14 days but within 1 month and 14 days after the
articles specified in the declaration have beer
imported or exported.

Penalty payable where a declaration is lodged after
1 month and 14 days but within 2 months and 14
day after the articles specified in the declaration
have been imported or exported.

Penalty payable where a declaration is lodged after
2 months and 14 days after the articles specified in
the declaration have been imported or exported.

r
e

S
e

Total value
of articles
specified in
a declaration
exceeding
$20,000

$20

S40

(2) Any penalty payable under paragraph (1) shall-

(a)be a civil debt due to the Crown and recoverable by
proceedings in the District Court; and

(b)be payable when the declaration to which the penalty relates
is lodged with the Commissioner.

(3) The Commissioner may, if satisfied that the value or aggregate
value of any article or articles specified in a declaration in respect of
which a penalty is payable under paragraph (1) is understated in the
declaration, estimate the value of the article or articles for the purpose of
this regulation; and the penalty shall be calculated in accordance with
the table in paragraph (1) on the estimated value of the article.

(4) The Commissioner may waive the payment of any penalty
which any person is liable to pay under paragraph (1) and may refund
any such penalty which has been paid.







(5) For the purpose of calculating any penalty payable under
paragraph (1), every article set out in a monthly declaration under
regulation 4(3A) or regulation 5(3A) shall be treated as if it had been
imported or exported, as the case may be, on the last day of the month
in respect of which the declaration relates.

8. (1) In respect of each import declaration relating to an article or
articles imported after the commencement of these regulations and in
respect of each export declaration relating to an article or articles
exported after the commencement of these regulations, there shall be
payable by every person who, pursuant to regulation 4(1) or 5(1),
lodges the declaration







(a)in the case of an import declaration relating to an article or
articles classified under section 0 of the Imports and Exports
Classification List, a charge of 55 irrespective of the value of
the article or aggregate value of the articles specified in the
declaration; and

(b)in the case of any other import declaration and in the case of
any export declaration

(i) where the value of the article or the aggregate value of
the articles specified in the declaration does not exceed
$10,000, a charge of $5;

(ii) where the value of the article or the aggregate value of
the articles specified in the declaration exceeds 510,000, a
charge calculated at the rate of 55 in respect of the first 10,000
dollars' value and 50 cents in respect of each additional 1,000
dollars' value or part thereof.

(2) The charge under paragraph (1) in respect of every import
declaration and export declaration shall be paid in cash or by cheque to
the Commissioner at the time of lodging the declaration with the
Commissioner and a receipt therefor shall be issued, and until the full
amount of such charge is paid the declaration shall be deemed not to
have been lodged with the Commissioner.

(3) No charge shall be payable under paragraph (1)(b) by-

(a)an air transport undertaking operating air services on
international routes in respect of a declaration lodged by it
relating solely to aircraft parts or accessories imported or
exported for the purpose of being

(i) used in the repair or maintenance of aircraft owned or
chartered by such undertaking and operated by it on any
international air route; or

(ii) given in non-profitable exchange for any other aircraft
part or accessory to any other similar air transport
undertaking for a similar use,

and which are used for such purpose or so exchanged and
used;

(b)a transport undertaking operating sea or air freight transport
services on international routes in respect of a declaration
lodged by it relating solely to articles imported for the purpose
of being used in the repair and maintenance of freight
containers operated by that undertaking in the transport of
goods by sea or air on its international routes and which is so
used.

9. (1) The Commissioner may at any time in writing served
personally or sent by post call upon any person who has lodged an
import or export declaration pursuant to regulation 4(1) or 5(1) to verify
any particulars given in the declaration by the production of
documentary evidence or by statutory declaration or otherwise, to the
satisfaction of the Commissioner.





(2) Any person who, without reasonable excuse, fails, neglects or
refuses to comply within a reasonable time with a requirement of the
Commissioner made upon him under paragraph (1) shall be guilty of an
offence and. shall be liable on summary conviction to a fine of $5,000,
and the court may order the person convicted within a time specified in
the order to comply with the requirement of the Commissioner.

(3) Any person who, without reasonable excuse, does not comply
with the order of a court made upon him under paragraph (2) shall be
guilty of an offence and shall be liable to a fine of $5,000 and,
commencing with the day following the date of conviction for non-
compliance with such order, to a fine of $150 in respect of every day
during which such offence continues.

10. (1) Where the Commissioner has reason to believe that the
value or aggregate value of any article or articles in relation to which an
import or export declaration has been lodged pursuant to regulation 4(1)
or 5(1) has been understated therein to such extent as to reduce the
amount of the charge which would otherwise have been payable under
regulation 8, he shall assess the extra charge which would have been
payable under that regulation if the value or aggregate value of the
article or articles had not been understated in the declaration, and shall
in writing served personally or sent by post notify the person who
lodged the declaration accordingly and demand from him payment of
such extra charge together with such penalty (amounting to not more
than 20 times such extra charge) as the Commissioner sees fit to impose,
and, subject to the decision of the Governor on any appeal under
paragraph (4), such extra charge or, where varied on such an appeal,
such extra charge as varied and such penalty (if any) or, where varied on
such an appeal, such penalty as varied shall be a civil debt due to the
Crown:

Provided that no penalty imposed under this paragraph shall
exceed $10,000.

(2) In assessing an extra charge under paragraph (1), if the actual
value of the article or articles upon which such assessment depends is
unknown to the Commissioner and cannot reasonably be ascertained by
him, he shall assess the value or aggregate value of the article or articles
at such amount as in his opinion represents a fair value for such article
or articles, and the extra charge under paragraph (1) shall be assessed
on the basis of such value or aggregate value.

(2A) Any person who is required to pay an extra charge or penalty
under paragraph (1) may, by noitce in writing served on the
Commissioner within 21 days after the receipt of the notice under
paragraph (1), object to the extra charge or penalty without prejudice to
his right of appeal to the Governor under paragraph (3).





(2B) A notice of objection under paragraph (2A) shall state
precisely the ground of objection and shall be accompanied by all
written statements and other documentary evidence relied upon by the
objector in support of the objection.

(2C) An objection under paragraph (2A) shall be condiered by the
Commissioner, who may uphold, cancel or reduce the extra charge or
penalty.

(2D) The Commissioner shall notify the objector of the decision
under paragraph (2C) within 28 days after the receipt by the
Commissioner of the notice of objection under paragraph (M) and, if an
extra charge or penalty which he has paid is cancelled or reduced, the
amount of extra charge or penalty cancelled or reduced shall forthwith
be repaid by the Commissioner to the objector.

(3) Any person who is dissatisfied with an assessment of the
Commissioner or the imposition of a penalty under this regulation may,
within 21 days after receipt of the notification under paragraph (1) or
paragraph (2D) respecting such assessment or penalty, or within such
longer period as the Governor may in any particular case allow, and on
payment of the extra charge and of the penalty (if any) in conformity
with the demand therefor, appeal by petition to the Governor against
such assessment or penalty, and the decision of the Governor thereon
shall be final.

(4) On any appeal under paragraph (3) the Governor may uphold,
cancel, increase or reduce the assessment appealed against and uphold,
cancel, increase or reduce the penalty (if any) appealed against or,
where no penalty was imposed by the Commissioner, may, on any
appeal under paragraph (3) against an assessment, impose a penalty,
but no penalty shall be imposed or increased of or to an amount
exceeding 20 times the extra charge payable in accordance with the
decision of the Governor under this paragraph, and, where the extra
charge is reduced to the extent that the penalty (if any) exceeds 20 times
such extra charge, such penalty, unless further reduced, shall be
reduced to an amount equivalent to 20 times such extra charge:

Provided that no penalty upheld, increased, reduced or imposed
under this paragraph shall exceed $10,000.

(5) Written notice of the decision of the Governor on any appeal
under this regulation shall be given to the petitioner, and where the
extra charge assessed by the Commissioner or the penalty (if any)
imposed by the Commissioner is cancelled or reduced by the Governor,
the extra charge or the penalty, or, as the case may be, the excess of the
extra charge or the excess of the penalty paid shall forthwith be repaid
to the petitioner.





PART III

MANIFESTS AND OTHER
INFORMATION

11. (1) The manifest of the cargo imported in every vessel, aircraft
or vehicle which arrives within Hong Kong; shall

(a)give such particulars of each article therein as may be
prescribed by notice under section 17 of the Ordinance;

(b)be completed in such manner and in such number of copies as
the Commissioner may require; and

(c)be lodged with the Commissioner or such other officer as he
may appoint by the owner or master of the vessel, or the
owner or commander of the aircraft, or the owner or person in
charge of the vehicle (other than a train), or the person acting
as the agent for the owner of goods carried by train, as the
case may be.

(2) Every manifest required to be lodged under paragraph (1) shall
be lodged within 7 days after the arrival of the vessel, aircraft or vehicle
within Hong Kong; on the occasion concerned.

(3)-(4) [Deleted, L.N. 2351731

(5) Any person who, without reasonable excuse, lodges a manifest
that, in contravention of paragraph (1), does not give all the particulars
required by that paragraph in respect of any article specified in the
manifest, or contravenes a requirement of the Commissioner under
paragraph (1) shall be guilty of an offence and shall be liable on
summary conviction to a fine of $10,000.

(6) Any person who, being required to lodge a manifest under
paragraph (1), fails or neglects, without reasonable excuse (the burden
of proof whereof shall be upon him), to do so within the period specified
in paragraph (2), or, where he has such excuse, fails or neglects to lodge
such manifest as soon as is practicable after the cessation of such
excuse, shall be guilty of an offence and shall be liable on summary
conviction to a fine of $1,000, and, commencing on the day following
the date of conviction, to a fine of $100 in respect of every day during
which his failure or neglect to lodge the manifest continues.

12. (1) The manifest of the cargo exported in every vessel, aircraft
or vehicle which leaves Hong Kong; shall

(a)give such particulars of each article therein as may be
prescribed by notice under section 17 of the Ordinance;

(b)be completed in such manner and in such number of copies as
the Commissioner may require; and

(c)be lodged with the Commissioner or such other officer as he
may appoint by the owner or master of the vessel, or the
owner or commander of the aircraft, or the owner or





person in charge of the vehicle (other than a train), or the
person acting as the agent for the owner of goods carried by
train, as the case may be.

(2) Every manifest required to be lodged under paragraph (1) shall
be lodged not later than 7 days after the departure from Hong Kong; of
the vessel, aircraft or vehicle on the occasion concerned.

(3) [Deleted, L.N. 2351731

(4) Any person who, without reasonable excuse, lodges a manifest
that, in contravention of paragraph (1), does not give all the particulars
required by that paragraph in respect of any article specified in the
manifest or contravenes a requirement of the Commissioner under
paragraph (1) shall be guilty of an offence and shall be liable on
summary conviction to a fine of 510,000.

(5) Any person who, being required to lodge a manifest under
paragraph (1), fails or neglects, without reasonable excuse, to do so
within the period specified in paragraph (2), or, where he has such
excuse, fails or neglects to lodge such manifest as soon as is practicable
after the cessation of such excuse, shall be guilty of an offence and shall
be liable on summary conviction to a fine of 51,000, and, commencing on
the day following the date of conviction, to a fine of $100 in respect of
every day during which his failure or neglect to lodge the manifest
continues.

12A. A manifest required to be lodged under regulation 11 or 12
shall be in addition to any manifest required to be furnished under
section 15 of the Ordinance.

PART IV

MISCELLANEOUS

13. No person who is or has been employed in carrying out or in
assisting any other person to carry out the provisions of these
regulations shall be required in any civil or criminal proceedings to
divulge or produce to any court any information or document relating to
the affairs of any person which has been obtained by him or come to his
knowledge or into his possession in the course of or in connexion with
his employment as aforesaid, but this regulation shall not apply in
respect of criminal proceedings instituted for any offence against these
regulations or civil proceedings instituted for the recovery of any sum
under these regulations.

14. Every form specified by the Commissioner under these
regulations shall be published in the Gazette.
L.N. 72/66. L.N. 75/70. 5 of 1971. L.N. 172/71. L.N. 235/73. L.N. 23/76. L.N. 297/79. L.N. 294/82. L.N. 260/83. L.N. 46/84. L.N. 256/84. L.N. 64/86. L.N. 70/66. Citation. Interpretation. L.N. 235/73. L.N. 23/76. (Cap. 318.) L.N. 294/82. L.N. 256/84. L.N. 256/84. Exemptions in respect of regulations 4 and 5. L.N. 294/82. L.N. 235/73. L.N. 23/76. L.N. 297/79. L.N. 75/70. L.N. 235/73. L.N. 46/84. L.N. 256/84. L.N. 235/73. L.N. 46/84. L.N. 46/84. L.N. 46/84. L.N. 46/84. L.N. 256/84. L.N. 75/70. L.N. 23/76. L.N. 23/76. Import declarations. L.N. 75/70. 5 of 1971, s. 13. L.N. 172/71. L.N. 294/82. L.N. 235/73. L.N. 46/84. L.N. 235/73. L.N. 260/83. Export declarations. L.N. 172/71. L.N. 294/82. L.N. 235/73. L.N. 46/84. L.N. 23/76. L.N. 235/73. L.N. 260/83. 5 of 1971, s. 13. L.N. 172/71. Place and manner of lodging declarations. L.N. 294/82. Charges payable on the late lodgement of declarations. L.N. 75/70. L.N. 294/82. L.N. 23/76. L.N.64/86. L.N. 235/73. Charges payable on lodgement of declarations. L.N. 294/82. L.N. 64/86. L.N. 64/86. L.N. 23/76. Vertification of particulars in declarations. 5 of 1971, s. 13. L.N. 294/82. Assessment of extra charges in certain circumstances, penalties and appeals. L.N. 172/71. L.N. 294/82. L.N. 260/83. L.N. 46/84. L.N. 46/84. L.N. 46/84. L.N.46/84. L.N. 46/84. L.N. 260/83. Import manifests and other particulars. L.N. 235/73. L.N. 294/82. L.N. 260/83. L.N. 256/84. L.N. 260/83. L.N. 256/84. 5 of 1971, s. 13. L.N. 235/73. L.N. 260/83. Export manifests. L.N. 235/73. L.N. 294/82. L.N. 260/83. L.N. 256/84. L.N. 260/83. L.N. 256/84. 5 of 1971, s. 13. L.N. 260/83. Additional manifests. L.N. 260/83. Information and documents obtained under these regulations not admissible in proceedings under other enactments. Publication of forms specified by the Commissioner. L.N. 75/70. L.N. 294/82.

Abstract

L.N. 72/66. L.N. 75/70. 5 of 1971. L.N. 172/71. L.N. 235/73. L.N. 23/76. L.N. 297/79. L.N. 294/82. L.N. 260/83. L.N. 46/84. L.N. 256/84. L.N. 64/86. L.N. 70/66. Citation. Interpretation. L.N. 235/73. L.N. 23/76. (Cap. 318.) L.N. 294/82. L.N. 256/84. L.N. 256/84. Exemptions in respect of regulations 4 and 5. L.N. 294/82. L.N. 235/73. L.N. 23/76. L.N. 297/79. L.N. 75/70. L.N. 235/73. L.N. 46/84. L.N. 256/84. L.N. 235/73. L.N. 46/84. L.N. 46/84. L.N. 46/84. L.N. 46/84. L.N. 256/84. L.N. 75/70. L.N. 23/76. L.N. 23/76. Import declarations. L.N. 75/70. 5 of 1971, s. 13. L.N. 172/71. L.N. 294/82. L.N. 235/73. L.N. 46/84. L.N. 235/73. L.N. 260/83. Export declarations. L.N. 172/71. L.N. 294/82. L.N. 235/73. L.N. 46/84. L.N. 23/76. L.N. 235/73. L.N. 260/83. 5 of 1971, s. 13. L.N. 172/71. Place and manner of lodging declarations. L.N. 294/82. Charges payable on the late lodgement of declarations. L.N. 75/70. L.N. 294/82. L.N. 23/76. L.N.64/86. L.N. 235/73. Charges payable on lodgement of declarations. L.N. 294/82. L.N. 64/86. L.N. 64/86. L.N. 23/76. Vertification of particulars in declarations. 5 of 1971, s. 13. L.N. 294/82. Assessment of extra charges in certain circumstances, penalties and appeals. L.N. 172/71. L.N. 294/82. L.N. 260/83. L.N. 46/84. L.N. 46/84. L.N. 46/84. L.N.46/84. L.N. 46/84. L.N. 260/83. Import manifests and other particulars. L.N. 235/73. L.N. 294/82. L.N. 260/83. L.N. 256/84. L.N. 260/83. L.N. 256/84. 5 of 1971, s. 13. L.N. 235/73. L.N. 260/83. Export manifests. L.N. 235/73. L.N. 294/82. L.N. 260/83. L.N. 256/84. L.N. 260/83. L.N. 256/84. 5 of 1971, s. 13. L.N. 260/83. Additional manifests. L.N. 260/83. Information and documents obtained under these regulations not admissible in proceedings under other enactments. Publication of forms specified by the Commissioner. L.N. 75/70. L.N. 294/82.

Identifier

https://oelawhk.lib.hku.hk/items/show/2358

Edition

1964

Volume

v6

Subsequent Cap No.

60

Number of Pages

13
]]>
Tue, 23 Aug 2011 18:06:14 +0800
<![CDATA[IMPORT AND EXPORT MANIFESTS NOTICE]]> https://oelawhk.lib.hku.hk/items/show/2357

Title

IMPORT AND EXPORT MANIFESTS NOTICE

Description






IMPORT AND EXPORT MANIFESTS NOTICE

(Cap. 60, section 17)

[16 December 1983.]

1. This notice may be cited as the Import and Export Manifests
Notice.

2. (1) An import manifest relating to the import of any cargo into
Hong Kong; shall, from 1 January 1984, contain the particulars of the
cargo as set out in sub-paragraphs (2) and (3).

(2) In the case of cargo in packages, the particulars referred to in
sub-paragraph (1) are

(a) where the cargo is-

(i) carried by vessel, the number, description, gross weight
and gross volume of the packages;

(ii) carried otherwise than by vessel, the number,
description and either the gross weight or the gross volume of
the packages;

(b) the distinguishing marks or numbers appearing on each
package;
(c) a description of the articles contained in each package;

(d) the name and address of the consignor of each package; (e)
the name and address of the consignee of each package;

(f ) the place at which each package was loaded in or on to the
vessel, aircraft or vehicle;

the reference number and letters of the bill of lading, air
waybill or air consignment note issued in respect of the
consignment of each package;

(h)a clear indication whether or not the cargo is transhipment
cargo;

the import licence number where applicable;

the name, date of arrival and the voyage, flight or vehicle
number of the carrying vessel, aircraft or vehicle;

(k)the container numbers, if the cargo is containerized, and a clear
indication whether or not such containers are refrigerated
containers.

(3) In the case of cargo in bulk, the particulars referred to in sub-
paragraph (1) are

(a) where the cargo is-

(i) carried by vessel, the description, gross weight and
gross volume of the cargo;

(ii) carried otherwise than by vessel, the description and
either the gross weight or the gross volume of the cargo;







(b) the quantity of the cargo, where applicable;

(c)the distinguishing marks or numbers appearing on the cargo.
where applicable;

(d) the name and address of the consignor of the cargo;

(e) the name and address of the consignee of the cargo;

the place at which the cargo was loaded in or on to the vessel,
aircraft or vehicle;

(g)the reference number and letters of the bill of lading, air
waybill or air consignment note issued in respect of the
consignment of the cargo;

(h)a clear indication whether or not the cargo is transhipment
cargo;

(i) the import licence number, where applicable;

(j)the name, date of arrival and the voyage, flight or vehicle
number of the carrying vessel. aircraft or vehicle;

(k)the container numbers, if the cargo is containerized, and a
clear indication whether or not such containers are
refrigerated containers.

3. (1) An export manifest relating to the export of any cargo from
Hong Kong; shall. from 1 January 1984. contain the particulars of the
cargo as set out in sub-paragraphs (2) and (3).

(2) In the case of cargo in packages, the particulars referred to in
sub-paragraph (1) are

(a) where the cargo is-

(i) carried by vessel, the number, description. gross weight
and gross volume of the packages;

(11) carried otherwise than by vessel, the number. description
and either the gross weight or the gross volume of the
packages;

(b)the distinguishing marks or numbers appearing on each
package;

(c) a description of the article contained in each package,

(d) the name and address of the consignor of each package;

(e)the name and address of the person declared in the export
licence, where applicable, as the exporter of each package;

the port or place of destination of each package;

(g)the reference number and letters of the bill of lading, air
waybill or air consignment note issued in respect of the
consignment of each package;

(h)a clear indication whether or not the cargo is transhipment
cargo;





(i) the export licence number. where applicable:

the name. date of departure and the ,(,)\.age. flight or vehicle
number of the carrying vessel. aircraft or vehicle;

(k)the container numbers, if the cargo is containerized. and a
clear indication whether or not the containers are refriger-
containers.

(3) In the case of cargo in bulk. the particulars referred to in sub-
paragraph (1) are

(a) where the cargo is-

(i) carried by vessel, the description. gross weight and
gross volume of the cargo;

(ii) carried otherwise than by vessel, the description and
either the gross weight or the gross volume of the cargo.

(b) the quantity of the cargo. A here applicable..

(c)the distinguishing marks or numbers appearing on the cargo.
where applicable;

(d) the name and address of the consignor of the cargo;

(e)the name and address of the person declared in the export
licence. where applicable. as the exporter of the cargo.

the port or place of destination of the cargo;

(g)the reference number and letters of the bill of lading. air
waybill or air consignment note issued in respect of the
consignment of the cargo;

(h)a clear indication whether or not the cargo is transhipment
cargo,

(i) the export licence number. where applicable,

(j)the name, date of departure and the voyage. flight or vehicle
number of the carrying vessel, aircraft or vehicle;

(k)the container numbers, if the cargo is containerized, and a
clear indication whether or not the containers are
refrigerated containers.
L.N. 396/83. Citation. Import manifest. Export manifest.

Abstract

L.N. 396/83. Citation. Import manifest. Export manifest.

Identifier

https://oelawhk.lib.hku.hk/items/show/2357

Edition

1964

Volume

v6

Subsequent Cap No.

60

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:06:13 +0800
<![CDATA[IMPORT AND EXPORT (FEES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2356

Title

IMPORT AND EXPORT (FEES) REGULATIONS

Description






IMPORT AND EXPORT (FEES) REGULATIONS
(Cap. 60, section 31)

[1 June 1973.]

1. These regulations may be cited as the Import and Export (Fees)
Regulations.

2. (1) The fees specified in the third column of the Schedule shall
be the fees to be collected by the Director in respect of the matters
specified in the second column of the Schedule.

(2) The fees set out in items 1 (c) and 4 of the Schedule shall

(a)paid to the Government in the form of adhesive postage
stamps or impressed postage stamps of the total value
indicated in that item; and

(b) affixed or franked, as the case may be, on the application.

SCHEDULE
SCALE OF FEES

Item

(a) Application for issue of import licence .................................

(b) Application for issue of export licence otherwise than in
respect of textiles
..................................................................

(c) In respect of textiles-

(i) application for issue of export licence (Form 4 TIC 353)
(ii) application for issue of export licence (Form 5 TIC
353A) .............................................................................
(iii) application for swing of quotas (Form TIC 395) ..........

(iv) application for free quota export authorizations (Form
TIC 355 (FQ)) ..............................................................
(v) application for transfer of quotas (Forms TIC 396,
TIC 397, TIC 398) .........................................................
(vi) application for export authorizations (Forms TIC 355
and TIC 355A) ..............................................................
(vii) application for issue of import licence (Form 7
- TRA 23) ........................................................................

2. Issue of import or export licence in respect of prohibited, restricted

or controlled articles

3. Annual fee, in respect of any period beginning on or
after 1 November 1984, for registration of companies for textile
controls purposes (Form TIC 473), such fee being payable on the
date of first registration and thereafter on 1 November in each
year ...........................1,000
4.Application for the issue of a certificate of Hong Kong; origin,
Commonwealth preference certificate, certificate of processing
(Form TIC 185), generalized preference certificate (Form TIC
185B) or of any other certificate mentioned in item 5 ..........35






Item

Issue of certificate of Hong Kong origin. Commonwealth preference certificate (Form TIC 16), certificate of processing (Form
TIC 288), generalized preference certificate (Form A). any other
form of certificate of origin or any certificate relating to the
origin of goods ...................No fee

6. Issue of a landing certificate (Form TIC 42) .................70
7. Issue of a certificate of breakages or for shortage of cargo

damaged or short in bond ......................................................30

8. Issue of a certificate of accuracy of any copy of or extract from

official records, except where an appropriate fee is prescribed in
any other enactment ..........................................25


9. Issue of any copy of official records of statistical data derived or

extracted from import and export declarations. such fee being
calculated at per sheet or part thereof ..........................................10

10. Issue of any statistical data. other than copies of official records
derived from import and export declarations, such fee being
calculated according to the actual work done including all over-
heads charges ................ Fees as calculated



11. Any signature given or document issued. other than those docu-
ments specified in this Schedule, in connexion with the import or
export of any article or with the commercial purposes of any
person, firm or company .................................................................... 30
L.N. 52/73. L.N. 81/75. L.N. 100/75. L.N. 258/82. L.N. 388/83. L.N. 126/84. L.N. 315/84. L.N. 97/73. Citation. Prescribed fees and manner of payment. L.N. 388/83. Schedule. L.N. 81/75. L.N. 258/82. L.N. 258/82. L.N. 315/84. L.N. 126/84. L.N. 126/84. L.N. 315/84. L.N. 315/84. L.N. 315/84.

Abstract

L.N. 52/73. L.N. 81/75. L.N. 100/75. L.N. 258/82. L.N. 388/83. L.N. 126/84. L.N. 315/84. L.N. 97/73. Citation. Prescribed fees and manner of payment. L.N. 388/83. Schedule. L.N. 81/75. L.N. 258/82. L.N. 258/82. L.N. 315/84. L.N. 126/84. L.N. 126/84. L.N. 315/84. L.N. 315/84. L.N. 315/84.

Identifier

https://oelawhk.lib.hku.hk/items/show/2356

Edition

1964

Volume

v6

Subsequent Cap No.

60

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:06:12 +0800
<![CDATA[IMPORT AND EXPORT (GENERAL) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2355

Title

IMPORT AND EXPORT (GENERAL) REGULATIONS

Description






IMPORT AND EXPORT (GENERAL) REGULATIONS

(Cap. 60, section 31)

LA' 'Y

PART 1

PRELIMINARY

[1 January 1972.1

1. These regulations may be cited as the Import and Export
(General) Regulations.

requires-

2. In these regulations, unless the context otherwise

'agricultural pesticide' has the meaning assigned to it in section 2 of
the Agricultural Pesticides Ordinance;

'licence' means a licence issued under section 3 of the Ordinance;

'textiles' includes any natural or artificial fibre products and any
combination of natural and artificial fibre products in the form of
yarn, fabrics, garments or other manufactured articles;

'transhipment cargo' means any imported article that is consigned on a
through bill of lading or a through air waybill from a place outside
Hong Kong; to another place outside Hong Kong; and is or is to
be removed from the vessel, vehicle or aircraft in which it was
imported and either returned to the same vessel, vehicle or aircraft
or transferred to another vessel, vehicle or aircraft before being
exported, whether it is or is to be transferred directly between such
vessels, vehicles or aircraft or whether it is to be landed in Hong
Kong; after its importation and stored, pending exportation.





PART 11

IMPORT
LICENCES

3. (1) No person shall import any article specified in the First
Schedule except under and in accordance with a licence.

(2) Any person who contravenes paragraph (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $500,000 and to
imprisonment for 2 years.

PART III

EXPORT LICENCES

4. (1) No person shall export any article specified in the second
column of the Second Schedule to the country or place specified
opposite thereto in the third column of that Schedule except under and
in accordance with a licence.

(2) Any person who contravenes paragraph (1) shall be guilty of an
offence and shall be liable on conviction to a fine of $500,000 and to
imprisonment for 2 years.

5. (1) Where, in relation to the export of any article specified in the
Second Schedule to any country or place there is in existence a quota
system or an export authorization system, a licence to export such article
to such country or place shall not be issued unless the person signing
the application for the licence is the holder of a valid quota allocation
certificate or valid export authorization relating to the export of that
article.

(2) Paragraph (1) shall be in addition to, and not in derogation from
the powers conferred on the Director by section 3 of the Ordinance.

PART IV

MISCELLANEOUS

6. (1) These regulations shall not apply to-

(a) any article in transit; or

(b) transhipment cargo imported or exported by a person .,

whom an exemption relating to that transhipment car
has been granted under paragraph (2).





(2) If the Director is satisfied that a person is engaged in the

business of dealing in transhipment cargo he may exempt in writing,
with respect to the transhipment of any of the items set out in the First
and Second Schedules and specified in the exemption, that person from
the licensing requirements under these regulations.

(3) The Director may impose such conditions as he thinks fit

upon any exemption made under paragraph (2) and any person
exempted under paragraph (2) shall comply with any condition imposed
under this paragraph.

(4) If a person contravenes or fails to comply with any

condition imposed under paragraph (3)
(a)he shall be guilty of an offence and shall be liable on
conviction to a fine of $500,000 and to imprisonment for 2
years; and

(b)the Director may by notice in writing revoke or suspend any
exemption granted to that person or may amend any
condition.

7. The Director of Trade may, by order published in the

Gazette, amend the First and Second Schedules.


FIRST SCHEDULE

[regs. 3. 6 & 7.1

1 . [Deleted, L. N. 14 71791
2. [Deleted, L.N. 44,1831
3. [Deleted, L.N. 3751811
4. [Deleted, L.N. 44183]

5. [Deleted, L.N. 3551821

6.Agricultural pesticides, other than agricultural pesticides excluded from the
application of the Agricultural Pesticides Ordinance by virtue of section
3(1)(a) or (b) of that Ordinance.

7.Pharmaceutical products and medicines as defined by section 2 of the
Pharmacy and Poisons Ordinance.

8. Textiles.

SECOND SCHEDULE [regs. 4, 5, 6 & 7.]

Item Article Country or place

L.N. 171/71. L.N. 1/72. L.N. 98/73. L.N. 255/73. L.N. 256/73. L.N. 153/74. L.N. 217/74. L.N. 206/75. L.N. 180/76. L.N. 261/76. L.N. 142/77. L.N. 206/77. L.N. 142/78. L.N. 242/78. L.N. 147/79. L.N. 132/80. L.N. 182/80. L.N. 252/80. L.N. 287/80. L.N. 36/81. L.N. 375/81. L.N. 294/82. L.N. 355/82. L.N. 44/83. L.N. 346/83. L.N. 255/84. Citation. Interpretation. L.N. 255/84. L.N. 142/77. (Cap. 133.) L.N. 255/84. Prohibition of import of articles except under licence. L.N. 287/80. First Schedule. L.N. 252/80. Prohibition of export of articles except under licence. L.N. 36/81. Second Schedule. L.N. 252/80. Prohibition on issue of licences. Second Schedule. Application and exemption. L.N. 255/84. First Schedule. Second Schedule. Amendment of Schedules. L.N. 206/77. L.N. 294/82. L.N. 142/77. (Cap. 133.) L.N. 142/78. (Cap. 138.) L.N. 182/80. L.N. 98/73. L.N. 142/77. (Cap. 133.) L.N. 142/78. (Cap. 138.)

Abstract

L.N. 171/71. L.N. 1/72. L.N. 98/73. L.N. 255/73. L.N. 256/73. L.N. 153/74. L.N. 217/74. L.N. 206/75. L.N. 180/76. L.N. 261/76. L.N. 142/77. L.N. 206/77. L.N. 142/78. L.N. 242/78. L.N. 147/79. L.N. 132/80. L.N. 182/80. L.N. 252/80. L.N. 287/80. L.N. 36/81. L.N. 375/81. L.N. 294/82. L.N. 355/82. L.N. 44/83. L.N. 346/83. L.N. 255/84. Citation. Interpretation. L.N. 255/84. L.N. 142/77. (Cap. 133.) L.N. 255/84. Prohibition of import of articles except under licence. L.N. 287/80. First Schedule. L.N. 252/80. Prohibition of export of articles except under licence. L.N. 36/81. Second Schedule. L.N. 252/80. Prohibition on issue of licences. Second Schedule. Application and exemption. L.N. 255/84. First Schedule. Second Schedule. Amendment of Schedules. L.N. 206/77. L.N. 294/82. L.N. 142/77. (Cap. 133.) L.N. 142/78. (Cap. 138.) L.N. 182/80. L.N. 98/73. L.N. 142/77. (Cap. 133.) L.N. 142/78. (Cap. 138.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2355

Edition

1964

Volume

v6

Subsequent Cap No.

60

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:06:12 +0800
<![CDATA[IMPORT AND EXPORT ORDINANCE ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2354

Title

IMPORT AND EXPORT ORDINANCE ORDINANCE

Description






LAWS OF HONG KONG

IMPORT AND EXPORT ORDINANCE

CHAPTER 60





CHAPTER 60

IMPORT AND EXPORT ORDINANCE

ARRANGEMENT OF SECTIONS

Section

1. Short title
2. Interpretation

PART I

PRELIMINAR
Y

PART II

ADMINISTRATIVE DECISIONS AND
APPEALS

3. Director's discretion to issue, cancel, revoke or suspend licences

4................................Power of Commissioner to appoint authorized officers ..

ERA. Appointed officers ... ... ... ... ... ... ... ... ... ..

5. Commissioner or Director and other public officers to be subject to the Governor's

directions ... ... ... ...

6. Appeals to the Governor

PART 111

PROHIBITED
ARTICLES

11.

7. Possession of prohibited article after import

8..............................Delivery of import licence and manifest to the Director ...

9.Delivery of import licence and manifest in the case of part shipments
10. Carriers prohibited from accepting prohibited articles for export without

licence... ... ... ... . 1 . ... ... ... ... ... ...
Delivery of export licence and manifest to the Director ... ...

12.........................Inspection and storage of prohibited articles ... ... ...

13. Claim and disposal of prohibited articles found without owner

PART IV

UNMANIFESTED CARGO AND
SMUGGLING

Page

3
3

6






7
7

7
7

7
8
8

9
9
10
10

14....................................Alteration of vessel, aircraft or vehicle for the purpose of smuggling ... ... 11

15......................Duty to provide particulars of all cargo ... ... ... ... ... ... ... ... 12

16....................................Prohibition against unauthorized placing of cargo on vessels, etc. 1 ... ... 12

17....................All cargo to be recorded in manifest ... ... ... ... ... ... ... ... ... 12

18.............................Offence of importing or exporting unmanifested cargo ... ... ... ... ... 13

19. Written list showing ports of call to be furnished to the Commissioner ... ... 13





Section

23.

PART V

POWERS OF
INVESTIGATION

20. General powers of members of Customs and Excise Service, etc.
20A. Removal of articles may be prohibited until importer known
20B. Requirement that articles may be removed from vessel etc. for examination
21. Special powers of members of the Customs and Excise Service, etc.
22. Restrictions upon exercise of special powers of members of the Customs and
Excise

Service, etc. ... ... ... ... ... ... - ... ... ... ... ... ... ...

Powers of arrest of authorized officers and members of the Customs and Excise
Service ... ... ... ... ... ... ...
Ancillary powers of investigation of suspected offence
Locks and seals on premises, vessels, etc. ...

24.
25.
26. Obstruction of members of the Customs and Excise Service, etc.

PART VI

FORFEITUR
E

27. Seized articles, etc. liable to forfeiture

28................................Determination by magistrate of applications for forfeiture ...

29. Power to release seized vessels and vehicles prior to the hearing
30. Claims for the return of forfeited articles, etc.

PART VII

REGULATION
S

Page

13
14
15
16

17

18
18
19
20

20
22
23
23

31................Power to make regulations ... ... ... ... ... ... ... ... ... ... ... 24







32...........................Power to levy by resolution of Legislative Council ... ... ... . ... ... 27

PART VIII

MISCELLANEO
US

33..............Evidentiary provisions ...

34. Onus of proof in court proceedings
35. Application of Ordinance to postal packets

36..................Offences in respect of licences ...
36A. Offences by directors, etc. of corporations

37. Time limitation for criminal proceedings

38.........Informers ... . .

39. Amendment of Schedule

Schedule ...

28
28
29
29
30
30
30
30

30





CHAPTER 60

IMPORT AND EXPORT

To provide for the regulation and control of the import of articles into
Hong Kong, the export of articles from Hong Kong, and any
matter incidental to or connected with the foregoing.

[1 January 1972.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Import and Export
Ordinance.

2. In this Ordinance, unless the context otherwise requires

,lairconsignment note' and 'air waybill' mean any document which

(a)bears the signature of the owner, operator, charterer,
authorized agent or commander of an aircraft; and

(b)records particulars of a contract for the consignment of cargo
in an aircraft;

'aircraft' means any machine which can derive support in the
atmosphere from reactions of the air;

'appointed officer' means a person appointed by the Director under
section 4A; (Added, L.N. 294182)

,,article in transit' means an article which

(a)is brought into Hong Kong solely for the purpose of taking it
out of Hong Kong; and

(b)remains at all times in or on the vessel, aircraft or vehicle in or
on which it is brought into Hong Kong;

,,authorized officer' means a person authorized by the Commissioner
under section 4; (Amended, L.N. 294182)

'bill of lading' means any document which

(a) bears the signature of-

(i) the owner, charterer, agent or master of a ship; or

(ii) the owner, hirer or person in charge of a vehicle; and





(b)records particulars of a contract for the consignment of cargo
in a vessel or vehicle;

'cargo' means any article which is imported or exported other than

(a)the necessary equipment, stores or fuel of the vessel, aircraft
or vehicle in or on which the article is imported or exported;

(b)food and other provisions reasonably required for
consumption by the crew or passengers of such vessel,
aircraft or vehicle;

(c)items of personal property reasonably required for the
personal use of the crew or passengers of such vessel, aircraft
or vehicle;

(d) any document relating to-

(i) the carriage of cargo in or on such vessel, aircraft or
vehicle; or

(ii) the inter-office business transactions of the owner of
such vessel, aircraft or vehicle; and

(e)articles imported or exported by a passenger of such vessel,
aircraft or vehicle, in his personal baggage or carried by him;
(Added, 78 of 1979, s. 2)

'commander' means, in respect of an aircraft, the member of the flight
crew designated as commander of the aircraft by the operator
thereof or, if no member of the flight crew is so designated, the
person for the time being in command of the aircraft;

'Commissioner' means the Commissioner of Customs and Excise and
any Deputy or Assistant Commissioner of Customs and Excise;
(Added, L.N. 294182)

'consign' means to deliver or transmit an article into the custody of a
person for the purpose of delivery or transmission of the article by
that person to another specified person;

'contraband' means an article which is exported, imported or otherwise
dealt with contrary to the provisions of this Ordinance or any other
law controlling the import or export of any article;

'Director' means the Director of Trade and, except where the ex-
pression 'Director of Trade' is used, any Deputy or Assistant
Director of Trade; (Replaced, L.N. 294/82)

'domestic premises' means any premises or place used exclusively for
residential purposes and constituting a separate household unit;

'export' means to take, or cause to be taken, out of Hong Kong; any
article other than an article in transit;

'import' means to bring, or cause to be brought, into Hong Kong; any
article other than an article in transit;





'licence' means a licence, certificate, authorization or permit issued
under the provisions of this Ordinance;

'manifest' means a manifest containing the particulars prescribed under
section 17; (Replaced, 36 of 1983, s. 2)

'master' means, in respect of a vessel, the person (except a pilot)
having for the time being command or charge of the vessel;

'member of the Customs and Excise Service' means any person holding
an office specified in the First Schedule to the Customs and Excise
Service Ordinance;

,,owner' means, other than for the purposes of Part VI

(a)in respect of an article, any person being or holding himself
out to be the owner, importer, exporter, consignee, agent or
person in possession of, or beneficially interested in, or
having any control of, or power of disposition over, the
article; and

(b) in respect of a vessel, aircraft or vehicle-

(i) the registered owner and any person holding himself out
to be the owner thereof;

(ii) any person acting as agent for the owner in con- with
the handling of cargo carried in or on the vessel, aircraft or
vehicle;

(iii) any person to whom the vessel, aircraft or vehicle has
been chartered or hired; and

(iv) any person having for the time being the control or
management of the vessel, aircraft or vehicle;

'prohibited article' means any article

(a)the import or export of which is prohibited under the
provisions of this Ordinance;

(b)the import or export of which is permitted subject to the terms
and conditions of a licence; or

(c)the import or export of which is prohibited or controlled under
any other law;

',smuggling' means importing, exporting, unshipping, shipping, landing,
loading, conveying or otherwise dealing with any article contrary
to the provisions of this Ordinance or any other law controlling the
import or export of any article;

'unmanifested cargo' means any cargo which is not recorded in a
manifest;

,'vehicle' means every means of conveyance or of transit or other
mobile apparatus used or capable of being used on land, whether
on roads or rails and, in any way whatever, drawn or propelled or
carried;






'vessel' includes every description of vessel used in navigation for the
carriage of persons or articles, whether or not the vessel is
mechanically propelled and whether or not the vessel is towed or
pushed by another vessel.

PART II

ADMINISTRATIVE DECISIONS AND
APPEALS

3. (1) The Director may issue any licence required under this
Ordinance and may attach thereto such conditions as he may see fit to
impose.

(2) Subject to subsection (3) the Director may cancel, revoke or
suspend any licence issued by him under this Ordinance.

(3) The Director shall not cancel, revoke or suspend any such
licence where he is satisfied that the holder thereof has entered into an
irrevocable commitment pursuant to the issue to him of such licence,
unless the article in respect of which the licence was issued is a
strategic commodity specified in regulations made under this Ordinance
and it is, in the opinion of the Director, necessary for him to cancel,
revoke or suspend the licence in the public interest.

(4) Notwithstanding subsection (3), if the Director is satisfied that
any licence was issued by him as the result of fraudulent
misrepresentation of any fact or any other unlawful act by the applicant
therefor he may, at any time, cancel, revoke or suspend the licence.

(5) Every licence cancelled, revoked or suspended by the Director
and all copies thereof in the possession of the licensee or any other
person shall be surrendered immediately to the Director by the licensee.

(6) Any person who contravenes subsection (5) shall be guilty of
an offence and shall be liable on conviction to a fine of $5,000 and to
imprisonment for 3 months.

(7) The Director may serve notice of the cancellation, revocation or
suspension of any licence on the holder thereof and such person shall
be deemed to be served with the notice if it

(a) is delivered to the holder or applicant personally; or

(b)is addressed to him and left at or forwarded by registered mail
to him at his usual or last known place of abode or business.

(8) Except where the form of a licence is, under the provisions of
this Ordinance, required to be prescribed, the Director may determine
the form of any licence and of any application therefor.

(9) The Director may delegate any of the powers and duties
conferred or imposed on him by this section to any appointed officer.
(Amended, L.N. 294182)





4. The Commissioner may authorize in writing any public
officer and any police officer of the rank of Inspector or above to
exercise any of the powers and perform any of the duties conferred
or imposed on an authorized officer by this Ordinance.
(Amended, L.N. 294182)

4A. The Director may appoint in writing any public officer to
exercise any of the powers and perform any of the duties conferred
or imposed on an appointed officer by this Ordinance.
(Added, L.N. 294182)

5. (1) The Governor may give such directions as he thinks
fit, either generally or in any particular case, with respect to the
exercise or performance by the Commissioner or the Director or
any other public officer, other than a judge, a District Judge or a
magistrate, of any powers, functions or duties under this Ordinance.

(2) The Commissioner or the Director and every public officer
shall, in the exercise or performance of any powers, functions or
duties under this Ordinance, comply with any directions given by the
Governor under subsection (1).

(Amended, L.N. 294182)

6. (1) Any person aggrieved by a decision, act or omission of
the Commissioner or the Director or of any other public officer,
other than a judge, a District Judge or a magistrate, taken, done or
made in the exercise of any powers or the performance of any duties
under this Ordinance may, within 14 days from the date when he
was informed of the decision, act or omission or when the decision,
act or omission became known to him (whichever is the later) or
within such further period as the Governor may allow in any
particular case, by notice in writing lodge an objection to the
decision, act or omission with the Chief Secretary. (Amended,
L.N. 294182)

(2) On consideration of an objection lodged in accordance
with subsection (1), the Governor may confirm, vary or reverse
the decision, act or omission of the Commissioner or the Director
or other public officer, or substitute therefor such other decision
or make such other order as he may think fit. (Amended, L.N.
294182)

(3) Nothing in this section shall entitle any person to lodge an
objection under this section to any decision, act or omission of the
Governor or of any court.

PART 111

PROHIBITED ARTICLES

7. (1) The owner of any vessel, aircraft or vehicle in or on
which any prohibited article is imported shall retain possession of
the prohibited article until-





(a)in the case where the import of the prohibited article is
permitted subject to the terms and conditions of a licence,
there is produced to him a valid import licence issued under
this Ordinance or under some other law in respect of the
prohibited article; or

(b)in any other case, the Commissioner gives to the owner of the
vessel, aircraft or vehicle written directions in respect of the
removal or storage of the prohibited article. (Amended, L.N.
294182)

(2) Any person who contravenes this section shall be guilty of an
offence and shall be liable on conviction to a fine of $500,000 and to
imprisonment for 1 year. (Amended, 60 of 1980, s. 2)

(3) It shall be a defence to a charge under subsection (1)(a) if the
defendant proves that he did not know and could not with reasonable
diligence have known that the article to which the charge relates was a
prohibited article.

8. (1) Subject to section 9, a person to whom an import licence has
been issued under this Ordinance shall present the licence to the owner
of the vessel, aircraft or vehicle in or on which the article is imported
within 7 days after the article was imported.

(2) On presentation of an import licence pursuant to subsection (1),
the owner of the vessel, aircraft or vehicle in or on which the article has
been imported

(a)may release the article to the consignee, if he is satisfied that
he is not prohibited from doing so under any condition of the
import licence; and

(b)shall, within 7 days after receiving the import licence, deliver it
to the Director together with a copy or extract of the manifest
of the vessel, aircraft or vehicle in or on which the article was
imported, duly certified by him as a true copy or extract of the
manifest.

(3) Any person who contravenes subsection (1) or (2) shall be
guilty of an offence and shall be liable on conviction to a fine of $5,000.

9. (1) If an article which is imported forms part only of a
consignment of articles in respect of which an import licence has been
issued under this Ordinance, the person to whom the licence was issued
shall present

(a) the import licence endorsed by him to this effect; and

(b)a written declaration signed by him stating that the article
which has been imported forms part only of a consignment of
articles in respect of which the licence was issued,

to the owner of the vessel, aircraft or vehicle in or on which the article
was imported within 7 days after the article was imported.





(2) The owner of the vessel, aircraft or vehicle, on receiving
from a licensee an endorsed import licence and written declaration
pursuant to subsection (I)--

(a)may release the article to the consignee, if he is satisfied
that he is not prohibited from doing so under any condi-
tion of the import licence; and

(b)shall, within 7 days after receiving the import licence and
written declaration-
(i) endorse the licence and return it to the person to
whom it was issued; and
(ii) deliver the written declaration to the Director
together with a copy or extract of the manifest of the
vessel, aircraft or vehicle in or on which the article was
imported, duly certified by him as a true copy or extract of
the manifest.

(3) The written declaration referred to in subsections (1)
and (2) shall be made in such form as the Director may specify
from time to time.

(4) Any person who contravenes subsection (1) or (2) shall be
guilty of an offence and shall be liable on conviction to a fine
of $5,000.

10. (1) The owner of a vessel, aircraft or vehicle shall not
accept any prohibited article for export on the vessel, aircraft or
vehicle until there is produced to him an export licence issued under
this Ordinance or some other law in respect of the prohibited article.

(2) Any person who contravenes this section shall be guilty of
an offence and shall be liable on conviction to a fine of 5500,000
and to imprisonment for 1 year. (Amended, 60 of 1980, s. 3)

(3) It shall be a defence to a charge under this section if the
defendant proves that he did not know and could not with reason-
able diligence have known that the article to which the charge
relates was a prohibited article.

11. (1) When a licence has been issued under this Ordinance
for the export of an article, the owner of the article shall, before it
is exported, deliver the licence to the owner of the vessel, aircraft
or vehicle in or on which he intends to export it.

(2) The owner of the vessel, aircraft or vehicle in or on which
an article in respect of which an export licence has been issued
under this Ordinance is exported shall, within 14 days after the
day on which the article is exported, deliver the export licence to
the Director, together with a certified copy or certified extract of the
manifest of the vessel, aircraft or vehicle in or on which the article
has been exported.

(3) Any person who contravenes subsection (1) or (2) shall be
guilty of an offence and shall be liable on conviction to a fine of
$5,000.





12. (1) For the purpose of determining whether or not an
article which-

(a)has been imported within the period of 6 months preceding
the date when a request is made under this subsection for
the production of the same; or

(b) is intended to be exported,

is a prohibited article, the person in possession or control of article
shall, if required to do so by the Commissioner, an authorized officer
or member of the Customs and Excise Service of or above the rank
of Revenue Inspector, produce it for inspection by the Commis-
sioner, an authorized officer or such member of the Customs and
Excise Service. (Amended, 46 of 1977, s. 17)

(2) The Commissioner, any authorized officer or a member of
the Customs and Excise Service of or above the rank of Revenue
Inspector shall determine whether or not any article produced to
him for inspection under subsection (1) is a prohibited article.
(Amended, 46 of 1977, s. 17)

(3) The person in possession or control of a prohibited article
shall, if required to do so by the Commissioner or an authorized
officer, cause such article to be stored in a place specified by the
Commissioner or authorized officer under such conditions as he may
impose.

(4) An article stored in a specified place in accordance with the
directions of the Commissioner or authorized officer under subsec-
tion (3) shall not be removed from that place unless the Commis-
sioner or an authorized officer has authorized in writing the removal
of the article.

(5) Any person authorized in writing under subsection (4) to
remove an article from a specified place shall comply with such
conditions as may be imposed by the Commissioner or authorized
officer on the removal of the article.

(6) Any person who contravenes subsection (1), (3), (4) or (5)
shall be guilty of an offence and shall be liable on conviction to a fine
of $10,000 and to imprisonment for 6 months.
(Amended, L.N. 294182)

13. (1) The Commissioner or any authorized officer may
order that any prohibited article which is found without an apparent
owner shall be stored in a place specified by him subject to such
conditions as he may impose.

(2) Any person who, being in possession of a prohibited article
which is found without an apparent owner, fails to comply with an
order given by the Commissioner or an authorized officer under
subsection (1) shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000 and to imprisonment for 6 months.

(3) Where a prohibited article is stored in a specified place
pursuant to an order given under subsection (1), the Commissioner





or an authorized officer shall, within the period of 72 hours after the
prohibited article has been stored in that place, cause a notice to be
exhibited at the Customs and Excise Department in a place to which the
public have access

(a)stating that the prohibited article has been stored in that
place;

(b)calling upon the owner of the prohibited article to submit to
the Commissioner a claim in respect of it within 30 days; and

(c)stating his intention to apply to a magistrate at the expiration
of 30 days from the date of the notice for an order that the
prohibited article be forfeited to the Crown.

(4) When a claim to ownership of a prohibited article is submitted
to the Commissioner pursuant to a notice given under subsection (3),
the claimant shall produce to the Commissioner or an authorized officer
such evidence as to his ownership as may be required by the
Commissioner or authorized officer.

(5) Without prejudice to any provision of this Ordinance relating to
the seizure of any article which is liable to forfeiture, the Commissioner
or an authorized officer may, if he is satisfied of the validity of a claim
made under subsection (4), authorize in writing the claimant to remove
the prohibited article from the place in which it was stored, subject to
the prior payment by the claimant of all storage and other charges which
have accrued in respect of the storage of the article in the specified
place.

(6) A magistrate shall, if satisfied that the provisions of this section
have been complied with and that no claim to ownership has been
established, on the application of the Commissioner or an authorized
officer, order that a prohibited article be forfeited to the Crown.

(Amended, L.N. 294182)

PART IV

UNMANIFESTED CARGO AND
SMUGGLING

14. (1) Any person who alters the fittings, fabric or structure of any
vessel, aircraft or vehicle for the purpose of smuggling any article into
or out of Hong Kong; shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000 and to imprisonment for 6 months.

(2) If-

(a)the Commissioner, any authorized officer or any member of
the Customs and Excise Service reasonably suspects that any
vessel, aircraft or vehicle has been used or is intended to be
used for the purpose of smuggling; and





(b)the vessel, aircraft or vehicle is found in Hong Kong; to have

(i) any false bulkhead, bow, side or bottom;

(ii) any secret or disguised place adapted for the purpose of
concealing any article; or

(iii) any hole, pipe or other device adapted for the purpose
of smuggling,

the fittings, fabric or structure of the vessel, aircraft or vehicle shall be
presumed until the contrary is proved to have been altered for the
purpose of smuggling an article into or out of Hong Kong; (Amended,
L.N. 294182)

15. (1) The master or agent of a vessel, the commander of an
aircraft, the person in charge of a vehicle (other than a train) and, in the
case of cargo carried by train, the handling agent in Hong Kong; for
such cargo shall, on entering or leaving Hong Kong 36 of 1983, s. 3)

(a)furnish any member of the Customs and Excise Service of or
above the rank of Revenue Inspector a manifest in respect of
the cargo being imported or exported in or on the vessel,
aircraft or vehicle if he is requested to do so by any such
member of the Customs and Excise Service; and (Amended, 46
of 1977, s. 17 and 36 of 1983, s. 3)

(b)allow any member of the Customs and Excise Service to board
the vessel, aircraft or vehicle, inspect the cargo and search the
vessel for contraband.

(2) Any person who contravenes subsection (1)(a) or (b) shall be
guilty of an offence and shall be liable on conviction to a fine of $1,000
and to imprisonment for 1 month.

16. (1) No person shall place any cargo in or on any vessel or
aircraft without the consent of the owner of the vessel or aircraft.

(2) No person shall place any cargo in or on any vehicle which may
leave Hong Kong; without the consent of the owner of the vehicle.

(3) Any person who contravenes subsection (1) or (2) shall be
guilty of an offence and shall be liable on conviction to a fine of $10,000
and to imprisonment for 6 months.

17. (1) All cargo which is imported or exported shall be recorded in
a manifest which shall contain such particulars as the Commissioner
may prescribe.

(2) For the purposes of subsection (1) the Commissioner may, by
notice published in the Gazette, prescribe the particulars of the cargo
and the particulars of the consignment of cargo to be recorded.
(Replaced, 36 of 1983, s. 4)





18. (1) Any person who

(a) imports any unmanifested cargo; or

(b) exports any unmanifested cargo,

shall be guilty of an offence and shall be liable on conviction to a fine of
$50,000 and to imprisonment for 2 years. (Amended, 60 of 1980, s. 4 and
3 of 1984, s. 2)

(2) It shall be a defence to a charge under this section against the
owner of a vessel, aircraft or vehicle, if the owner proves that he did not
know and could not with reasonable diligence have known that the
cargo was unmanifested.

19. (1) The owner of any vessel shall, if required to do so by the
Commissioner, an authorized officer or a member of the Customs and
Excise Service, furnish forthwith to the Commissioner or to the
authorized officer or member of the Customs and Excise Service, a
written list showing, so far as the owner is aware, every port or place at
which the vessel has called during the period of 3 months immediately
preceding the date of its arrival in Hong Kong; (Amended, L.N. 294182)

(2) Any person who contravenes subsection (1) shall be guilty of
an offence and shall be liable on conviction to a fine of $200.

PART V

POWERS OF INVESTIGATION

20. (1) Without prejudice to the powers conferred by section 21,
any member of the Customs and Excise Service and any authorized
officer may, for the purposes of this Ordinance

(a)enter at any reasonable time and search any premises (other
than domestic premises) or place registered under this
Ordinance or occupied by a person who has been registered
under this Ordinance or a person who is the holder of a
licence; (Amended, 3 of 1973, s. 2)

(b) stop, board and search any vessel, aircraft or vehicle;

(c)

require the production of-

(i) any licence;

(ii) any document which relates to the origin or nature of
any article or which he suspects to be relevant to an offence
under this Ordinance; or

(iii) any record or other document required to be kept by
this Ordinance; (Replaced, 3 of 1973, s. 2)

(d)examine and take copies of any licence or of any record or
document referred to in paragraph (c); (Replaced, 3 of 1973,
s.2)





(e)take, without payment but subject to the issue of an official
receipt for it, such sample of any article in respect of which
any licence may be issued under this Ordinance as may be
required by the Commissioner for the purpose of examination
and investigation; (Amended, L.N. 294182)

examine any article if he considers it necessary to do so to
ascertain whether or not the provisions of this Ordinance are
being, or have been, complied with by any person in respect
of that article; or

stop and search any person entering or leaving Hong Kong;

Provided that no person shall be searched except by a
person of the same sex or be searched in a public place if he
objects to being so searched.

(9)

(2) Any member of the Customs and Excise Service and any
authorized officer may require

(a) any person to whom a licence has been issued;

(b)any person who has been registered under this Ordinance;
and

(c)any servant, employee or agent of any person referred to in
paragraph (a) or (b),

to furnish such information or take such action as may be necessary to
enable the member of the Customs and Excise Service or the authorized
officer to exercise the powers conferred on him under this Ordinance.

(3) When a sample of any article has been taken by a member of the
Customs and Excise Service or an authorized officer pursuant to
subsection (1)(e) the Commissioner may, after examination and
investigation of it, direct that the sample be returned to the owner
thereof or disposed of in such manner as the Commissioner thinks fit.
(Amended, L.N. 294182)

20A. (1) In this section and section 20B

,,article' means article of cargo;

'consignee' includes the agent of the consignee and any person
entitled to the delivery of an article;

'officer' means any member of the Customs and Excise Service or any
authorized officer.

(2) Where any article is upon any vessel, aircraft or vehicle for
importation into Hong Kong; and an officer, for the purpose of carrying
out his functions under this Ordinance, requires to know the identity of
the consignee of the article or to verify the particulars supplied to him
by any person, or in any document, relating to the identity of the
consignee, the officer may give notice to the owner of the vessel, aircraft
or vehicle prohibiting such owner from removing, or permitting the
removal of, the article





(a)from the vessel, aircraft or vehicle except to a place specified
in the notice, being a place designated by such owner; and

(b) from such place,

save in accordance with permission therefor granted under subsection
(4).

(3) A copy of any notice given under subsection (2) shall, where
the goods are to be stored in premises occupied by a person other than
the owner of the vessel, aircraft or vehicle, be given also to the person
occupying such premises and such person shall not remove, or permit
the removal of, the article from his premises save in accordance with
permission therefor granted under subsection (4).

(4) The officer giving notice under subsection (2) shall, as soon as
reasonably practicable, after he knows of the identity, or he verifies the
particulars, of the consignee of the article to which the notice relates,
permit the person upon whom the notice is served to remove, or permit
the removal of, the article from the place where, by virtue of the notice, it
may lawfully be kept either

(a)unconditionally, in which case he shall notify the person on
whom the notice is served in writing; or

(b)after examination of the article in accordance with the powers
vested in such officer under section 20.

(5) It shall be the duty of the person upon whom a notice is served
under subsection (2) or (3), at any time prior to the grant of permission
under subsection (4), upon obtaining information as to the identity or
particulars of the consignee of the article to which the notice relates,
being information not previously supplied by such person to the officer
giving the notice, to supply such information to the officer specified in
the notice.

(Added, 36 of 1983, s. 5)

20B. (1) Where any article is upon any vessel, aircraft or vehicle for
importation into Hong Kong; and an officer desires, in the exercise of
his functions under section 20, to examine such article, but he is of the
opinion that such article can be more conveniently examined after it has
been removed from such vessel, aircraft or vehicle, he may give notice
to the consignee of the article, requiring the article to be removed for
examination to premises specified in the notice, being premises
nominated by the consignee.

(2) A copy of any notice given under subsection (1) shall, where
the goods are to be removed to premises occupied by a person other
than the consignee, be given also to the person occupying such
premises.





(3) The consignee and, in the event of a copy of the notice being
served upon any occupier under subsection (2), the occupier, shall not
remove, or permit the removal of, the article from the premises specified
in the notice given under subsection (1) until

(a)the article has been examined by an officer in accordance with
the powers vested in such officer under section 20; or

(b)an officer has informed the consignee or occupier in writing
that such examination is unnecessary.

(4) Where an article is removed to any premises pursuant to a
notice given under subsection (1), it shall be the duty of

(a)every person in control of such premises to permit an officer
to have access to the article and to examine it in accordance
with the powers vested in such officer under section 20; and

(b)the Commissioner to ensure that such examination is made as
soon as reasonably practicable.

(5) It may be the condition of any notice given under subsection
(1) that the article shall, at all times until it is examined by an officer
under section 20, be guarded by an officer and if there is such a
condition, an officer may enter upon any place where the article is and
take such measures as are reasonably necessary to protect the article
from interference.

(6) Notice under this section and section 20A shall be in such form
and given in such manner as may be prescribed.

(Added, 36 of 1983, s. 5)

21. (1) Subject to section 22, any member of the Customs and
Excise Service and any authorized officer may, if he reasonably suspects
that there is, in or on any premises or place, vessel, aircraft or vehicle,
any article in respect of which an offence has been committed under this
Ordinance or which is, or contains, evidence of the commission of such
offence

(a) enter and search any such premises or place;

(b)stop, board, remove, detain and search any vessel, aircraft or
vehicle.

(2) Any member of the Customs and Excise Service and any
authorized officer may seize

(a) any article-

(i) in respect of which he reasonably suspects that an
offence has been committed under this Ordinance; or

(ii) which he reasonably suspects to be, or to contain,
evidence of the commission of such an offence; and

(b)any vessel which has a tonnage not exceeding 250 gross tons
and any vehicle, if he reasonably suspects such vessel or
vehicle to have been used in connexion with the commission
of an offence under this Ordinance.





(3) Subject to section 22, any member of the Customs and
Excise Service or any authorized officer may enter and search any
premises or place connected with the manufacture, processing,
production, storage, distribution or sale of any article in respect of
which a licence has been issued under this Ordinance.

(4) The owner of any article, licence or other document seized
by a member of the Customs and Excise Service or an authorized
officer under this section may, on application to the Commissioner
and subject to such conditions as the Commissioner may impose,
photograph or make any other form of copy of the seized article,
licence or document. (Amended, L.N. 294182)

22. (1) No domestic premises shall be entered and searched
by a member of the Customs and Excise Service or an authorized
officer unless-

(a) a magistrate has issued a warrant under subsection (2); or

(b)a member of the Customs and Excise Service of or above
the rank of Assistant Superintendent has given an authori-
zation under subsection (3). (Amended, 46 of 1977, s. 17
and L.N. 294182)

(2)
that there is reasonable ground for suspecting that there is in any
domestic premises any thing which may be seized under section 21,
issue a warrant authorizing a member of the Customs and Excise
Service or an authorized officer to enter and search the premises.

A magistrate may, if he is satisfied by information on oath

(3) A member of the Customs and Excise Service of or
above the rank of Assistant Superintendent may, if he reasonably
suspects- (Amended, 46 of 1977, s. 17 and L.N. 294182)

(a)that there is in any domestic premises any thing which may
be seized under section 21; and

(b)that unless the premises are entered and searched immedi-
ately such thing is likely to be removed from the premises,

authorize in writing a member of the Customs and Excise Service or
an authorized officer to enter and search the premises.

(4) A member of the Customs and Excise Service or an
authorized officer authorized under subsection (2) or (3) to enter and
search any domestic premises may call upon any member of the
Customs and Excise Service and any authorized officer to assist him
in entering and searching the premises.

(5) No vessel which has a tonnage exceeding 250 gross tons
shall be detained under section 21 (1) for more than 12 hours without
the consent of the Chief Secretary, who may, by order in writing
under his hand, detain such a vessel for further periods of not more
than 12 hours each.





(6) No aircraft shall be detained under section 21(1) for more
than 6 hours without the consent of the Chief Secretary, who may,
by order in writing under his hand, detain an aircraft for further
periods of not more than 6 hours each.

(7) Any order made by the Chief Secretary under subsec-
tion (5) or (6) shall state the times from which and for which the
order shall be effective.

23. (1) Any member of the Customs and Excise Service and
any authorized officer may, subject to subsection (2), arrest or
detain for further inquiries without warrant any person whom he
reasonably suspects of having committed any offence under this
Ordinance.

(2) Any member of the Customs and Excise Service and any
authorized officer who arrests any person under subsection (1) shall
take the person to a police station or, if further inquiries are
necessary, first to the office of the Commissioner of the Customs and
Excise Service and then to a police station, there to be dealt with in
accordance with the provisions of the Police Force Ordinance:

Provided that in no case shall any person be detained for
more than 48 hours without being charged and brought before
a magistrate.

(3) If any person forcibly resists or attempts to evade arrest
under this section, the member of the Customs and Excise Service or
the authorized officer may use such force as is reasonably necessary
to effect the arrest.

(4) If any member of the Customs and Excise Service or any
authorized officer has reason to believe that a person whom he
intends to arrest (hereinafter in this section referred to as the
suspected offender) has entered into or is in any place or premises,
any person residing in or in charge of such place or premises shall,
on demand by the member or authorized officer, allow him free
entry thereto and afford all reasonable facilities to search for the
suspected offender therein.

(5) If entry to such premises or place cannot be obtained under
subsection (4) a member of the Customs and Excise Service or an
authorized officer, in any case in which a warrant to enter and search
such premises or place may issue but cannot be obtained without
affording the suspected offender an opportunity to escape, may enter
the premises or place and therein search for the suspected offender
and for the purpose of entry or search may break open any outer or
inner door or window of the premises or place.

24. Any member of the Customs and Excise Service and any
authorized officer may-

(a)use such force as is reasonably necessary to enter any place
or premises which he is empowered by this Ordinance to
enter and search;





(b)use such force as is reasonably necessary to stop, board,
remove, detain and search any vessel, aircraft or vehicle
which he is empowered by this Ordinance to stop, board,
remove, detain and search;

(c)use such force as is reasonably necessary to remove any
person or thing obstructing him in the exercise of any power
conferred on him by this Ordinance;

(d)detain any person found in any premises or place which he is
empowered by this Ordinance to search until such premises
or place has been searched;

(e)prevent any person from approaching, boarding or leaving
any vessel, aircraft or vehicle which he is empowered by this
Ordinance to stop, board and search until it has been
searched;

search the person and property and effects of any person
whom he reasonably suspects of being guilty of an offence
under this Ordinance:

Provided that no person shall be searched except by a
person of the same sex or be searched in a public place if he
objects to being so searched.

25. (1) Any member of the Customs and Excise Service and any
authorized officer may, for the purpose of exercising the powers
conferred on him by this Ordinance, place a lock or seal on any premises
or place, or on any vessel, aircraft, vehicle or article.

(2) If a member of the Customs and Excise Service or an authorized
officer has placed a lock or seal on any premises, or on any vessel,
aircraft, vehicle or article, any person who breaks or interferes with such
a lock or seal shall be guilty of an offence and shall be liable on
conviction to a fine of $5,000 and to imprisonment for 3 months:

Provided that if

(a)any person breaks or interferes with any such lock or seal in
the bona fide belief that it is necessary immediately to break or
interfere with the lock or seal in order to prevent

(i) injury being suffered by any person; or

(ii) damage being incurred to any premises, article, vessel,
aircraft or vehicle; or

(b)any public officer breaks or interferes with any such lock or
seal in the exercise of his lawful duties,

such person or public officer shall be deemed not to have contravened
this subsection.





26. (1) Any person who-

(a)obstructs a member of the Customs and Excise Service or an
authorized officer in the exercise of any power or the
performance of any duty conferred or imposed on members of
the Customs and Excise Service and authorized officers by this
Ordinance; (Amended, 36 of 1983,s. 6)

(b)fails to comply with any requirement, direction or demand
given or made by a member of the Customs and Excise Service
or an authorized officer in the exercise or performance of any
such power or duty; or (Amended, 36 of 1983, s. 6)

(c)fails to comply with a notice given him under sections 20A
and 20B; (Added, 36 of 1983, s. 6)

(d)contravenes section 20A(3) or 20B(3); (Added, 36 of 1983, s.
6)

(e)fails to supply information which it is his duty to supply
under section 20A(5), (Added, 36 of 1983, s. 6)

shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000 and to imprisonment for 6 months.

(2) Any person who knowingly makes a false report, or furnishes
any false or misleading information, to any member of the Customs and
Excise Service or any authorized officer in performing his duties under
this Ordinance shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000 and to imprisonment for 6 months.

PART VI

FORFEITURE

27. (1) There shall be liable to forfeiture-

(a)any article which has been seized by a member of the Customs
and Excise Service or an authorized officer in connexion with
the contravention of any provision of this Ordinance;

(b)any vessel not exceeding 250 gross tons and any vehicle so
seized and used in connexion with the contravention of any
provision of this Ordinance,

whether or not any person has been convicted of an offence in respect
of such contravention.

(2) The Commissioner may, at any time before serving notice under
subsection (3), restore any article (other than an article referred to in the
Schedule) or any vessel or vehicle which is liable





to forfeiture to the person who appears to him to be the owner thereof
or the authorized agent of the owner; and upon such restoration the
provisions of this section and sections 28, 29 and 30 shall cease to
apply to the article, vessel or vehicle.

(3) Within 21 days after the seizure of any article, vessel or vehicle
which appears to him to be liable to forfeiture under subsection (1), the
Commissioner shall serve notice of such seizure upon the owner of the
article, vessel or vehicle:

Provided that if there is more than one owner of any such article,
vessel or vehicle, it shall be sufficient for the purposes of this
subsection to give notice to one such owner.

(4) A notice given under subsection (3) shall be deemed to have
been duly served if

(a) it is delivered to the person on whom it is to be served;

(b)

it is sent by registered post addressed to such person at the
place of residence or business of such person, if any, known
to the Commissioner; or

(c)where it cannot be served in accordance with paragraph (a) or
(b), the notice is exhibited at the Customs and Excise
Department, in a place to which the public have access, for a
period of not less than 7 days commencing within 21 days
from the date of the seizure of the article, vessel or vehicle.

(5) Where a notice has been served under subsection (3) in respect
of any article, vessel or vehicle seized under this Ordinance any person

(a)who is the owner thereof or the authorized agent of the
owner; or

(b)who was in possession of the article, vessel or vehicle when it
was seized,

(hereinafter referred to as the claimant) may, within 30 days after

(i) the date of the notice, if it was served under subsection (4)(a)
or (b); or

(ii)the first day on which it was exhibited, if it was served under
subsection (4)(c),

give notice in writing to the Commissioner that he claims that the article,
vessel or vehicle is not liable to forfeiture.

(6) If, on the date of expiration of the appropriate period of time
specified in subsection (5) for the giving of a notice of claim, under that
subsection, no such notice has been given in writing to the
Commissioner the article, vessel or vehicle in respect of which notice
was given under subsection (3) shall be forfeited forthwith to the
Crown.

(Amended, L.N. 294182)





28. (1) When a notice of claim is given under section 27(5), the
Commissioner or an authorized officer shall apply to a magistrate for the
forfeiture of the article, vessel or vehicle and shall state in the
application the name and address of the claimant as specified in the
notice of the claim. (Amended, L.N. 294182)

(2) When any such application is made to a magistrate, the
magistrate shall issue a summons to the claimant, requiring him to
appear before a magistrate upon the hearing of the application, and shall
cause a copy of such summons to be served upon the Commissioner.
(Amended, L.N. 294182)

(3) If, at the time and place appointed in a summons issued under
subsection (2), the claimant or some other person who, though not the
claimant, was, or would have been, entitled to make a claim under
section 27(5), appears before a magistrate, the magistrate shall hear the
application.

(4) If, at such time and place, neither the claimant nor any other
person who, though not the claimant, was, or would have been, entitled
to make a claim under section 27(5), appears before a magistrate and the
magistrate is satisfied that the summons was duly served, the magistrate
shall hear the application.

(5) Subject to the provisions of this Ordinance, an application
under this section shall be deemed to be a complaint for the purposes of
section 8 of the Magistrates Ordinance.

(6) Upon the hearing of an application under this section a
magistrate shall order that the article, vessel or vehicle, as the case may
be, be forfeited to the Crown

(a) in the case where

(i) the person who appears in answer to the summons fails
to satisfy the magistrate that he was, or would have been,
entitled to make a claim under section 27(5) in respect of the
seized article, vessel or vehicle; and

(ii) no other person appears before the magistrate and
satisfies him that he was, or would have been, entitled to make
such claim; and

(iii) the magistrate is satisfied that the article, vessel or
vehicle is liable to forfeiture; or

(7)

(b)in the case where the magistrate is satisfied that the article

(i) is liable to forfeiture; and

(ii) is such an article as is referred to in the Schedule.

Upon the hearing of the application under this section, in any
case other than a case referred to in subsection (6)(a) or (b) a magistrate
may, if he is satisfied

(a)that a person is, or would have been, entitled to make a claim
under section 27(5) in respect of the seized article, vessel or
vehicle; and





(b)that the article (not being such an article as is referred to in
the Schedule), vessel or vehicle is liable to forfeiture,

order that the article, vessel or vehicle-
(i) be forfeited to the Crown;

(ii) be delivered to the owner thereof or the authorized agent of the
owner subject to any condition which he may specify in the
order; or

(iii) be disposed of in such manner and subject to any such
condition as he may specify in the order.

(8) Upon the hearing of the application

(a)a certified true copy of the record of the proceedings,
including the decision of the court, in any proceedings in
respect of the contravention of any provision of this
Ordinance shall be admissible in evidence; and

(b)a certificate, purporting to be issued under the hand of the
Director of Marine, certifying the gross tonnage of any vessel
shall, upon production of the certificate and without proof of
the signature thereon, be admissible as prima facie evidence
of the facts stated therein.

29. (1) Where an application has been made under section 28 in
respect of a vessel or vehicle which is liable to forfeiture, a magistrate
may, upon payment into court by way of security of a sum of money not
less in amount than the value of the seized vessel or vehicle, as
assessed by the Commissioner or an authorized officer, order that the
vessel or vehicle be delivered to the claimant thereof upon the condition
that the vessel or vehicle be re-delivered into the custody of the
Commissioner before the date of hearing of the application.

(2) If-

(a)a magistrate has ordered under subsection (1) that a seized
vessel or vehicle be delivered to the claimant thereof, and

(b)the vessel or vehicle is not delivered into the custody of the
Commissioner before the date of the hearing under section 28,

the magistrate hearing the application may, in lieu of ordering under
section 28(6) or (7) that the vessel or vehicle be forfeited to the Crown,
order that the money paid into court under subsection (1) of this section
be forfeited to the Crown or returned to the person who paid it into
court.

(Amended, L.N. 294182)

30. (1) The owner of any article, vessel or vehicle forfeited to the
Crown under this Ordinance, or the authorized agent of the owner, may,
within 6 weeks after





(a)the article, vessel or vehicle has been forfeited to the Crown
under section 27(6) or has been forfeited to the Crown by
order of a magistrate under section 28(6) or (7); or

(b)the determination of any appeal against an order for forfeiture
of the article, vessel or vehicle made by a magistrate under
section 28(6) or (7),

give notice in writing to the Commissioner of his intention to submit to
the Governor a moral claim in respect of the forfeited article vessel or
vehicle. (Amended, L.N. 294182)

(2) Where the owner of any forfeited article, vessel or vehicle or his
authorized agent has given notice in writing to the Commissioner under
subsection (1) and has submitted a moral claim to the Governor by
lodging it in triplicate with the Chief Secretary within one month from
the date of such notice, the Governor after considering the claim may-
(Amended, L.N. 294182)

(a)order the return of the forfeited article, vessel or vehicle to the
claimant; or

(b)direct that the claim be referred to the Governor in Council.

(3) The Governor in Council after considering the claim referred to
him under subsection (2) may

(a)order the return of the forfeited article, vessel or vehicle to the
claimant; or

(b) reject the claim.

PART VII

REGULATIONS

31. (1) The Governor in Council may make regulations for all or any
of the following purposes

(a) prohibiting the import and export of any article;

(b)prohibiting the import and export of any article except under
and in accordance with the terms and conditions of a licence;

(c)providing for the issue of licences to import or export any
article;

(ca) empowering the Director to exempt any person from any
requirement to obtain a licence to import or export any
prohibited article; (Added, 50 of 1984, s. 2)

(d)prescribing conditions to be observed by any person before
or after the issue of an import licence or an export licence;





(e)imposing upon owners of ships, aircraft and vehicles, masters
of ships, commanders of aircraft and persons in charge of
vehicles such obligations in respect of manifests, bills of
lading, air waybills, air consignment notes and such other
similar matters as may be necessary for carrying into effect the
provisions of this Ordinance;

imposing other conditions or restrictions on the import or
export of any article;

(g)imposing conditions or restrictions on any cargo placed in or
on any vessel, aircraft or vehicle for the purpose of import or
export;

(h)controlling the examination and storage of articles imported or
exported or about to be imported or exported;

(i)

requiring any person importing or exporting any article to give
any specified information in respect of the article before or
after it has been imported or exported;

(j)regulating the movement within Hong Kong; of any article
which has been or is intended to be imported or exported or
otherwise dealt with under the provisions of this Ordinance;

(k)providing for the issue of certificates in respect of the
importing, exporting, producing, processing, manufacturing
and composition of any article and for conditions which may
be attached to such certificate;

(1)providing for the issue of certificates in respect of preferential
customs tariffs and for conditions which may be attached to
such certificate;

(m)providing for the registration of any person applying for the
issue of any licence and for conditions which may be attached
to such registration;

(n)providing for the registration of any person importing,
exporting, manufacturing, processing, storing, distributing,
selling or dealing with any article in respect of which any
licence may be issued and for the conditions which may be
attached to the registration of any such person;

(o) providing for the registration of any premises-

(i) in respect of which any licence may be issued; or

(ii) connected with the importing, exporting, manufacture,
processing, storage, distribution, sale or other dealing with
any article in respect of which any licence may be issued,

and prescribing any condition upon the registration of such
premises;





(p)providing for the cancellation, revocation or suspension for
any period of the registration of any person where the
Director is satisfied that the person so registered has
contravened any condition of any licence;

(q)providing for the imposition and administration of quota
controls in respect of the import or export of any article;

(r)providing for the sale or transfer of any quota and for the
conditions under which any quota may be sold or transferred;

(s)providing for the registration of any person involved in any
dealing with an article on which any quota control is imposed
and the transfer of any such registration from one person to
another;

(t)requiring importers, exporters, carriers, owners and
manufacturers to furnish to the Director or any other specified
public officer information for the purpose of compiling
statistics of overseas trade;

(u)prohibiting or controlling the publication or disclosure of
information or particulars furnished to the Commissioner or
the Director, an authorized officer, an appointed officer or a
member of the Customs and Excise Service under this
Ordinance;

(v)providing for the verification of any particulars or information
required to be furnished by any person under this Ordinance;

(w)providing that any person who fails to submit any document
or furnish any information to the Commissioner or the Director
or other specified public officer within a prescribed period of
time shall be liable to pay a prescribed sum of money, which
sum shall be a civil debt due to and recoverable by the Crown;

(x)prescribing fees to be collected by the Commissioner or the
Director in respect of any matter arising under this Ordinance
and generally to prescribe the mode and time of payment of
such fees;

(Y)

empowering the Director to determine the form of any
licence and any undertaking required under this Ordin-
ance;

(z) providing that the Director of Trade may, by notice
published in the Gazette, amend the Schedule to any
regulation made under this Ordinance;

(za) requiring any person to whom a licence has been issued to
keep such records or documents as may be prescribed or as
the Director may determine; (Added, 3 of 1973, s. 3)





(aa) levying, with or without exception or exemption, a charge on
persons or any category of persons who furnish particulars
pursuant to any regulation made under this section, and
prescribing the amount or method of ascertaining the amount
of such charge and the mode and time of payment thereof,

(ab) imposing or providing for the imposition of a pecuniary
penalty, recoverable civilly, on any person who, being
required under any regulation made under this Ordinance to
lodge a declaration with the Commissioner in connexion with
the import or export of any article, fails to lodge such a
declaration or fails to lodge such a declaration within a
prescribed period of time;

(ac) empowering the Commissioner to waive the payment of any
pecuniary penalty imposed under regulations made under
paragraph (ab) and to refund any such pecuniary penalty
which has been paid;

(ad) empowering the Director to require an applicant for a licence
to deposit with him, before the issue of a licence, such sum of
money as the Director may specify;

(ae) providing for the forfeiture to the Crown by a magistrate of all
or any of the sum of money deposited under regulations made
under paragraph (ad);

(af) prescribing any thing which is to be or may be prescribed
under this Ordinance; and

(ag) generally for the better carrying out of the provisions and
purposes of this Ordinance. (Amended, L.N. 294182)

(2) Subject to subsection (3), regulations made under this section
may provide that a contravention of any such regulation shall be an
offence and may prescribe penalties therefor.

(3) Regulations made under this section may prescribe that a
contravention or breach thereof shall be punishable by a fine not
exceeding $500,000 and imprisonment for a term not exceeding 2 years.
(Amended, 60 of 1980, s. 5)

(4) No regulation made under paragraph (aa), (ab), (ac), (ad) or
(ae) shall come into operation until it has been approved by resolution
of the Legislative Council.

32. The Legislative Council may by resolution provide for the
imposition of a levy upon any person required under this Ordinance to
furnish information for the purpose of compiling statistics of overseas
trade and to provide for the method of determination of the levy and the
mode and time of payment thereof.





PART VIII

MISCELLANEOUS

33. (1) In any proceedings under this Ordinance it shall, unless the
contrary is proved, be presumed that any cargo recorded in an import
manifest furnished by

(a) the master of a vessel;

(b)

the commander of an aircraft;

(c) the person in charge of a vehicle; or

(d) the owner of such vessel, aircraft or vehicle,

has been imported in or on such vessel, aircraft or vehicle.

(2) In any proceedings under this Ordinance it shall, unless the
contrary is proved, be presumed that any cargo recorded in an export
manifest furnished by

(a) the master of a vessel;

(b) the commander of an aircraft;

(c) the person in charge of a vehicle; or

(d) the owner of such vessel, aircraft or vehicle,

at any time before or after the departure from Hong Kong; of the vessel,
aircraft or vehicle, has been exported, or is intended to be exported, in or
on such vessel, aircraft or vehicle.

(3) Any copy of an import manifest or an export manifest produced
to the Director, an authorized officer or a member of the Customs and
Excise Service under any provision of this Ordinance shall be admissible
as evidence of the contents of the import manifest or export manifest of
which it is a copy in any proceedings under this Ordinance; and the
cargo referred to in the copy of such manifest shall be presumed until
the contrary is proved, to have been imported or exported as the case
may be in or on the vessel, aircraft or vehicle to which the copy of the
manifest relates.

(4) Any copy of a licence or other document produced to the
Director, an authorized officer or a member of the Customs and Excise
Service under any provision of this Ordinance shall be admissible as
evidence of the contents of the licence or other document of which it is
a copy in any proceedings under this Ordinance before a court or
magistrate.

34. (1) In any proceedings under this Ordinance the onus of
proving

(a) the place

(i) from which an article has been imported; or

(ii) to which an article is intended to be exported; or





(b) that an article

(i) has been imported in accordance with the terms of a
licence;

(ii) is intended to be exported in accordance with the terms
of a licence;

(iii) has been imported for the sole purpose of exporting the
article;

(iv) has been lawfully placed in or on any vessel, aircraft or
vehicle for the purpose of exporting the article;

(v) has been lawfully removed from any vessel, aircraft or
vehicle in or on which it was imported;

(vi) has been lawfully delivered to or placed in any premises
or place after it has been imported; or

(vii) has been recorded in the manifest of the vessel, aircraft
or vehicle in or on which it has been imported or is intended
to be exported,

shall lie upon the defendant in any such criminal proceedings and the
claimant in any forfeiture proceedings.

(2) For the purposes of this section, the provisions of Part IV of the
Evidence Ordinance (which relates to the admissibility of hearsay
evidence in civil proceedings) shall apply as if proceedings under this
Ordinance were civil proceedings.

35. (1) The provisions of this Ordinance shall apply to any article
contained in a postal packet.

(2) Notwithstanding the provisions of subsection (1), a postal
packet contained in a sealed mail bag shall, if the mail bag is listed in the
manifest of the vessel, aircraft or vehicle in or on which it is imported or
exported, not be construed as cargo for the purposes of this Ordinance.

(3) Any authorized officer or any member of the Customs and
Excise Service may, in the presence of and under the directions of an
officer of the Post Office, open and examine any postal packet held in
the custody of the Post Office.

(4) For the purposes of this section, the terms 'mail bag', 'Post
Office', 'officer of the Post Office' and 'postal packet' shall have the
meanings assigned to such terms, respectively, under section 2 of the
Post Office Ordinance.

36. (1) Any person who, in respect of-

(a) an application for the issue of a licence;

(b) an application for registration under this Ordinance; or

(c)any declaration, document or article required to be lodged
with the Director, an authorized officer or member of the
Customs and Excise Service pursuant to the provisions of this
Ordinance,





makes or causes to be made any statement or furnishes or causes to
be furnished any information orally or in writing which is false or
misleading in a material particular or omits any material particular
shall be guilty of an offence and shall be liable on conviction to a fine
of $500,000 and to imprisonment for 2 years, unless he satisfies the
court or magistrate that he did not know and had no reason to
believe the statement or information to be false or misleading or the
omission to be material. (Amended, 3 of 1984, s. 3)

(2) Any person who-

(a) forges any licence;

(b)without the authority of the Director makes any alteration
to any licence; or

(c)knowingly utters or makes use of any licence that has been
forged or, without the authority of the Director, altered,

commits an offence and is liable on conviction to a fine of $500,000
and to imprisonment for 2 years. (Replaced, 3 of 1984, s. 3)

36A. Where an offence under section 36 is committed by a
body corporate, every person who, at the time of the commission
of the offence, was a director, manager, secretary or other similar
officer of the body corporate or any person who was purporting to
act in any such capacity, shall be guilty of the like offence unless
he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of the
offence.

(Added, 3 of 1984, s. 4)

37. A complaint may be made or an information laid in respect
of an offence under this Ordinance within 2 years from the time
when the matter of such complaint or information respectively
arose.

38. Save where, in the opinion of the court, justice so requires,
the name or identity of any informer and the information given by
such informer shall not be disclosed in any civil or criminal proceed-
ings and the court may make any order and adopt any procedure
necessary to prevent any such disclosure.

39. The Governor may amend the Schedule by notice pub-
lished in the Gazette.

SCHEDULE

[ss. 27, 28 & 39.1

ARTICLES IN RESPECT OF WHICH, IF THEY ARE LIABLE TO FORFEITURE,
AN ORDER FOR THEIR FORFEITURE IS MANDATORY

1. [Deleted, L.N. 2571731

2. [Deleted, L.N. 210175]

3.Any article prescribed in the Schedule to the Import and Export (Strategic
Commodities) Regulations.
Originally 67 of 1970. 3 of 1973. L.N. 257/73. L.N. 210/75. 46 of 1977. L.N. 206/77. 78 of 1979. L.N. 133/80. 60 of 1980. L.N. 311/80. L.N. 52/81. L.N. 294/82. 36 of 1983. 3 of 1984. 50 of 1984. L.N. 180/71. Short title. Interpretation. (Cap. 342.) Director's discretion to issue, cancel, revoke or suspend licences. Power of Commissioner to appoint authorized officers. Appointed officers. Commissioner or Director and other public officers to be subject to the Governor's directions. Appeals to the Governor. Possession of prohibited article after import. Delivery of import licence and manifest to the Director. Delivery of import licence and manifest in the case of part shipments. Carriers prohibited from accepting prohibited articles for export without licence. Delivery of export licence and manifest to the Director. Inspection and storage of prohibited articles. Claim and disposal of prohibited articles found without owner. Alteration of vessel, aircraft or vehicle for the purpose of smuggling. Duty to provide particulars of all cargo. Prohibition against unauthorized placing of cargo on vessels, etc. All cargo to be recorded in manifest. Offence of importing or exporting unmanifested cargo. Written list showing ports of call to be furnished to the Commissioner. General powers of members of Customs and Excise Service, etc. Removal of articles may be prohibited until importer known. Requirement that articles may be removed from vessel etc. for examination. Special powers of members of the Customs and Excise Service, etc. Restrictions upon exercise of special powers of members of the Customs and Excise Service, etc. Powers of arrest of authorized officers and members of the Customs and Excise Service. (Cap. 232.) Ancillary powers of investigation of suspected offence. Locks and seals on premises, vessel, etc. Obstruction of members of the Customs and Excise Service, etc. Seized articles, etc. liable to forfeiture. Schedule. Determination by magistrate of applications for forfeiture. (Cap. 227.) Schedule. Power to release seized vessels and vehicles prior to the hearing. Claims for the return of forfeiture articles, etc. Power to make regulations. Power to levy by resolution of Legislative Council. Evidentiary provisions. Onus of proof in court proceedings. (Cap. 8.) Application of Ordinance to postal packets. (Cap. 98.) Offences in respect of licences. Offences by directors, etc. of corporations. Time limitation for criminal proceedings. Informers. Amendment of Schedule.

Abstract

Originally 67 of 1970. 3 of 1973. L.N. 257/73. L.N. 210/75. 46 of 1977. L.N. 206/77. 78 of 1979. L.N. 133/80. 60 of 1980. L.N. 311/80. L.N. 52/81. L.N. 294/82. 36 of 1983. 3 of 1984. 50 of 1984. L.N. 180/71. Short title. Interpretation. (Cap. 342.) Director's discretion to issue, cancel, revoke or suspend licences. Power of Commissioner to appoint authorized officers. Appointed officers. Commissioner or Director and other public officers to be subject to the Governor's directions. Appeals to the Governor. Possession of prohibited article after import. Delivery of import licence and manifest to the Director. Delivery of import licence and manifest in the case of part shipments. Carriers prohibited from accepting prohibited articles for export without licence. Delivery of export licence and manifest to the Director. Inspection and storage of prohibited articles. Claim and disposal of prohibited articles found without owner. Alteration of vessel, aircraft or vehicle for the purpose of smuggling. Duty to provide particulars of all cargo. Prohibition against unauthorized placing of cargo on vessels, etc. All cargo to be recorded in manifest. Offence of importing or exporting unmanifested cargo. Written list showing ports of call to be furnished to the Commissioner. General powers of members of Customs and Excise Service, etc. Removal of articles may be prohibited until importer known. Requirement that articles may be removed from vessel etc. for examination. Special powers of members of the Customs and Excise Service, etc. Restrictions upon exercise of special powers of members of the Customs and Excise Service, etc. Powers of arrest of authorized officers and members of the Customs and Excise Service. (Cap. 232.) Ancillary powers of investigation of suspected offence. Locks and seals on premises, vessel, etc. Obstruction of members of the Customs and Excise Service, etc. Seized articles, etc. liable to forfeiture. Schedule. Determination by magistrate of applications for forfeiture. (Cap. 227.) Schedule. Power to release seized vessels and vehicles prior to the hearing. Claims for the return of forfeiture articles, etc. Power to make regulations. Power to levy by resolution of Legislative Council. Evidentiary provisions. Onus of proof in court proceedings. (Cap. 8.) Application of Ordinance to postal packets. (Cap. 98.) Offences in respect of licences. Offences by directors, etc. of corporations. Time limitation for criminal proceedings. Informers. Amendment of Schedule.

Identifier

https://oelawhk.lib.hku.hk/items/show/2354

Edition

1964

Volume

v6

Subsequent Cap No.

60

Number of Pages

31
]]>
Tue, 23 Aug 2011 18:06:11 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (DANGEROUS SUBSTANCES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2353

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (DANGEROUS SUBSTANCES) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(DANGEROUS SUBSTANCES) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

PART 1

PRELIMINARY

1. Citation ............................AB 2
2. Interpretation ......................AB 2
3. Commissioner for Labour may amend Schedules AB 3
4. Application .........................AB 3

PART II

DUTIES OF
PROPRIETORS

5. Container holding listed substance to be labelled AB 4
6. Container holding dangerous mixture to be labelled AB 4
7. Exempt containers ...................AB 5
8. Required particulars ................AB 5
9. Form and size of labelling ..........AB 5
10. Form and place of notice ............AB 6
11. Safety information, training and precautions AB 6
12. Protective clothing and equipment ...AB 7

PART 111

DUTIES OF PERSONS
EMPLOYED

13. Safety precautions to be taken and use of protective clothing AB 7
14. Misuse of labels, notices, and protective clothing and equipment AB 8
is. Prohibition against eating, drinking and smoking AB 8

PART IV

OFFENCES AND
PENALTIES

16. Offences by proprietors .............AB 8
17. Offences by persons employed ........AB 8
18. Defences ............................AB 8
19. Saving ..............................AB 9

First Schedule...........................Listed substances AB 9

Second Schedule. Symbols and prescribed form of label AB 32

Third Schedule...........................List of particular risks AB 34
Fourth Schedule..........................List of safety precautions AB 37





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(DANGEROUS SUBSTANCES) REGULATIONS

(Cap. 59, section 7)

[15 December 1988] L.N. 189188

L.N. 167/88
PART 1

PRELIMINARY

Citation

1. These regulations may be cited as the Factories and Industrial

Undertakings (Dangerous Substances) Regulations.

Interpretation

2. In these regulations, unless the context otherwise requires-

'container' means any receptacle, vessel, tank, package, bag, wrapping or other

thing, whether movable or not, capable of holding any substance;

'corrosive mixture' means a mixture that may on contact with living tissues

cause severe damage to them;

'dangerous mixture' means any mixture or preparation containing--

(a) more than 1 per cent by weight of any toxic substance or substances;

(b)more than 10 per cent by weight of any harmful substance or substances;
or

(c)such proportion of any other listed substance or substances as makes that
mixture a corrosive, explosive, flammable, irritant or oxidizing mixture;

'dangerous substance' means any substance that is a listed substance or a

dangerous mixture;

explosive mixture' means a mixture that may explode under the effect of flame

or that is more sensitive to shock and friction than dinitrobenzene;

'flammable mixture' means a mixture that

(a)may become hot and finally catch fire in contact with air at ambient
temperature without any application of energy;

(b)is a solid and may readily catch fire after brief contact with a source of
ignition and that continues to burn or be consumed after removal of the
source of ignition;

(c) is gaseous and flammable in air at normal pressure;





(d)in contact with water or damp air, evolves highly flammable gases in
dangerous quantities; or

(e) is a liquid having a flash point below 66 degrees Celsius;

'flash point means, in relation to any liquid, the lowest temperature, if any, at which
such liquid will give off vapour which will ignite or explode if mixed with air and
exposed to a naked light;

'harmful substance' means any listed substance that is classified in column 2 of the
First Schedule as harmful;

'irritant mixture' means a mixture that, through immediate, prolonged or repeated
contact with the skin or mucous membrane, can cause inflammation;

listed substance' means any substance (whether or not a substance that is a
preparation or other mixture) listed in column 1 of the First Schedule;

'oxidizing mixture' means a mixture that gives rise to highly exothermic reaction
when in contact with other substances, particularly flammable substances;

'preparation' means a substance that is a mixture prepared by its manufacturer of 2
or more other substances;

'specified industrial undertaking' means

(a) any factory, mine or quarry; and

(b) any premises or place in which-

(i) articles are manufactured, altered, cleansed, repaired, ornamented,
finished, adapted for sale, broken up or demolished;

(ii) materials are transformed, including transformation in the course of
shipbuilding;

(iii) electricity or motive power of any kind is generated, transformed or
transmitted; or

(iv) construction work is carried on;

'substance' means any natural or artificial substance whether in solid or liquid form
or in the form of a gas or vapour;

'toxic substance' means any listed substance that is classified in column 2 of the
First Schedule as toxic.

Commissioner for Labour may amend Schedules

3. The Commissioner for Labour may, by notice in the Gazette, amend any
Schedule.

Application

4. These regulations apply to any dangerous substance that is present in a
specified industrial undertaking for the purpose of, in connection with, or as a result
of, any industrial process or operation, but do not apply to a substance that is in the
process of undergoing chemical change or of being mixed or compounded with
another substance.





PART 11

DUTIES OF PROPRIETORS

Container holding listed substance to he labelled

5. (1) Subject to regulation 7, every container holding a listed substance to
which these regulations apply shall be labelled in accordance with regulation 9 with
the particulars prescribed by regulation 8 relating to that substance.

(2) Paragraph (1) does not apply to a container holding a listed substance
where

(a)it is impossible or not reasonably practicable to comply with paragraph (1)
in respect of that container; and

(b)a notice in respect of that listed substance is displayed in accordance with
regulation 10 giving the particulars prescribed by regulation 8 relating to
that substance.

Container holding dangerous mixture to he labelled

6. (1) Subject to regulation 7, every container holding a dangerous mixture to
which these regulations apply shall be labelled in accordance with regulation 9 with
the trade name of that mixture and

(a)where the mixture contains more than 1 per cent by weight of any toxic
substance or substances, with the particulars prescribed by regulation 8
relating to each toxic substance that exceeds 0.2 per cent of the weight of
the mixture;

(b)where the mixture contains more than 10 per cent by weight of any
harmful substance or substances, with the particulars prescribed by
regulation 8 relating to each harmful substance that exceeds 1 per cent of
the weight of the mixture;

(c)where the mixture contains such a proportion of any other listed
substance or substances as makes that mixture a corrosive, explosive,
flammable, irritant or oxidizing mixture, with the particulars prescribed by
regulation 8 relating to each such substance, but if the mixture contains
more than one listed substance that is classified in column 2 of the First
Schedule as corrosive, flammable, irritant or oxidizing, it is sufficient for
the container to be labelled with the particulars prescribed by regulation 8
relating to the substance in each such classification that is the most
dangerous.

(2) Paragraph (1) does not apply to a container holding a dangerous mixture
where

(a)it is impossible or not reasonably practicable to comply with paragraph (1)
in respect of that container; and

(b)a notice in respect of that dangerous mixture is displayed in accordance
with regulation 10 giving the trade name of that mixture and the particulars
that, but for this paragraph, would be required to be labelled on the
container.





Exempt containers

7. Regulations 5 and 6 do not apply to a container that-

(a)is clearly labelled in English and Chinese with particulars that are
substantially the same as those prescribed by regulation 8 and that holds
a substance that was supplied to the industrial undertaking in that
container; or

(b)is inside a package that is labelled in accordance with regulation 5 or 6, as
the case may be, or in accordance with the Dangerous Goods (General)
Regulations (Cap. 295, sub. leg.); or

(c) holds a substance-

(i) produced in the industrial undertaking;

(ii) not intended to be used in the industrial undertaking; and

(iii) intended to be supplied elsewhere in that container; or

(d) holds less than 125 millilitres fo
(i) a listed substance that is not classified in column 2 of the First
Schedule as explosive, toxic, corrosive or flammable; or

(ii) a dangerous mixture that is not an explosive, corrosive or flammable
mixture and that does not contain more than 1 per cent by weight of any
toxic substance or substances.

Required particulars

8. The particulars required by regulations 5 and 6 relating to a. listed substance
are as follows

(a) the chemical name or common name of the substance;

(b)the classification of the substance as stated in column 2 of the First
Schedule;

(c)the symbol or symbols specified in respect of that classification in column
2 of the Second Schedule;

(d)the indication of the particular risk or risks inherent in the substance as
stated in the Third Schedule opposite the number or numbers specified in
respect of the substance in column 3 of the First Schedule;

(e)the indication of the safety precautions required in respect of the
substance as stated in the Fourth Schedule opposite the number or
numbers specified in respect of that substance in column 4 of the First
Schedule.

Form and size of labelling

9. (1) A container that is required to be labelled under regulation 5 or 6 shall be
labelled in accordance with this regulation.

(2) The container shall be labelled-

(a) in English and Chinese;

(b) in the form prescribed by the Second Schedule; and





(c)in such a way that the particulars prescribed by regulation 8 can be read
easily when the container is placed as it may normally be expected to be
placed.

(3) The particulars prescribed by regulation 8 shall be clearly and indelibly
marked and shall stand out sharply from their background

(a)on a part of the container reserved for that purpose (which part shall for
the purposes of these regulations be treated as a label); or

(b)on a label that is securely fixed to the container with its entire back in
contact with the container; or

(c)where it is not reasonably practicable to comply with sub-paragraphs (a)
and (b), on a label attached in some other suitable manner.

(4) The dimensions of the label shall be as follows-

Capacity of container Dimensions of label

(a) 3 litres or less not less than 50 mm x 75 mm
(b) exceeding 3 litres but not not less than 75 mm x 100 mm
exceeding 50 litres
(c) exceeding 50 litres but not not less than 100 mm x 150 mm
exceeding 500 litres
(d) exceeding 500 litres not less than 150 nun x 200 mm

(5) The size of any symbol required to be shown on the label shall be not less
than one-tenth of the area of the label and shall not in any case be less than 100
mm'.

(6) A container is not labelled in accordance with this regulation if it bears
particulars that do not relate to its contents and those particulars appear in a way
that is confusing or misleading.

Form and place of notice

10. A notice in respect of a dangerous substance is displayed in accordance
with this regulation if (and only if)

(a) it is in English and Chinese;

(b) it identifies the container or containers holding that substance;

(c)it clearly and indelibly sets out the particulars prescribed by regulation 8;

(d) it is in a conspicuous place near the dangerous substance; and

(e)the size of any symbol required to be shown is not less than one-tenth of
the area of the notice.

Safety information, training and precautions

11. A proprietor of a specified industrial undertaking shall, so far as is
reasonably practicable,





(a)make available to every person employed in the undertaking who works
with or is likely to come into contact with a dangerous substance to which
these regulations apply adequate information about any conditions
necessary to ensure that the substance will be safe and without risk to the
health of persons employed in the undertaking;

(b)ensure that every person employed in the undertaking who is or may be
exposed to a dangerous substance to which these regulations apply

(i) is trained in and observes safety precautions relating to that
substance;

(ii) is instructed in the purpose, proper use and limitations of any
protective clothing or equipment provided; and

(iii) is instructed in the health hazards associated with exposure to that
substance;

(c)make arrangements, including arrangements for adequate supervision, to
prevent a dangerous substance to which these regulations apply from
causing bodily injury to any person employed in the undertaking.

Protective clothing and equipment

12. A proprietor of a specified industrial undertaking shall, so far as is
reasonably practicable,

(a)provide every person employed in the undertaking who works with or is
likely to come into contact with a dangerous substance to which these
regulations apply with such protective clothing and equipment as are
appropriate to prevent that substance causing bodily injury to that
person;

(b)ensure that such protective clothing and equipment are fully and properly
used by every such person;

(c)ensure that such protective clothing and equipment are maintained in
good repair and are thoroughly cleansed after each occasion when they
are used and, where any goggles, spectacles, face shield, respirator or
mouth piece is provided under this regulation, that it is thoroughly
cleansed and disinfected after each occasion when it is used; and

(d)provide suitable storage facilities for such protective clothing and
equipment.

PART 111

DUTIES OF PERSONS EMPLOYED

Safety precautions to be taken and use of protective clothing

13. Every person employed in a specified industrial undertaking where there is
any dangerous substance to which these regulations apply shall, so far as is
reasonably practicable,

(a) follow the safety instructions given and the procedures set by the
proprietor of the industrial undertaking regarding that substance;





(b)observe the safety precautions stated on the label of the container
holding that substance or on the notice displayed near that substance;

(c)take such other precautions as are reasonable to prevent that substance
from causing bodily injury to himself or others;

(d)make full and proper use of the protective clothing and equipment (if any)
provided by the proprietor of the industrial undertaking; and

(e)leave the protective clothing and equipment (if any) when not in use in
the storage place provided.

Misuse of labels, notices, and protective clothing and
equipment

14. No person employed in a specified industrial undertaking shall misuse or
interfere with any label, notice, or protective clothing or equipment provided by the
proprietor of that undertaking in accordance with these regulations.

Prohibition against eating, drinking and smoking

15. No person employed in a specified industrial undertaking who works with
or is likely to come into contact with a dangerous substance to which these
regulations apply shall eat, drink or smoke in any room in which that substance is
present.

PART IV

OFFENCES AND PENALTIES

Offences by proprietors

16. (1) The proprietor of an industrial undertaking in respect of which
regulation 5 or 6 is contravened commits an offence and is liable to a fine of $30,000.

(2) A proprietor who contravenes regulation 11 commits an offence and is
liable to a fine of $30,000.

(3) A proprietor who contravenes regulation 12 commits an offence and is
liable to a fine of $20,000.

Offences by persons employed

17. Any person who contravenes regulation 13, 14 or 15 commits an offence
and is liable to a fine of $10,000.

Defences

18. In any proceedings for an offence under regulation 16(1) in respect of an
alleged contravention of regulation 5 or 6 it shall be a defence for any person to
prove that

(a)he took all precautions that were reasonably practicable to avoid the
commission of the offence; or





(b)he did not have sufficient information about the dangerous substance in
question to enable him to comply with regulation 5 or 6. as the case may
be, and he could not by taking all reasonable steps have obtained that
information.

Saving

19. Nothing in these regulations shall derogate from the Dangerous Goods
Ordinance (Cap. 295) or from any other enactment relating to dangerous goods.

FIRST SCHEDULE [regs. 2, 6, 7 & 8]

LISTED SUBSTANCES

A reference in this Schedule to a concentration range of a substance is a reference to that
substance in aqueous solution, the concentration being calculated on a weight to weight basis. An
entry that refers to a salt without specifying a particular form of the salt refers to both the
hydrated and anhydrous forms of that salt, if any.






1. 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions






1 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions






1 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions





1 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions





1 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions






1 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions





1 . 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1 . 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.
Particular Safety
Name of SubstanceClassification Risks Precautions






1 . 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions






1. 2. 3. 4.

Name of Substance Classification Particular Safely
Risks Precautions






1 . 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions





1 . 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions





1. 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions





1. 2. 3. 4.

Name of Substance Classification Particular Safety
Risks Precautions





SECOND SCHEDULE [regs. 8 and 9]

SYMBOLS
Classification Symbol





Classification Symbol






Classification Symbol

Single risks

1. Explosive when dry

2.Risk of explosion by shock,
friction, fire or other sources of
ignition





Single risks

3. Extreme risk of explosion by shock,
friction, fire or other sources of ignition

4. Forms very sensitive explosive metallic
compounds

5. Heating may cause an explosion
6. Explosive with or without contact with air
7. May cause fire
8. Contact with combustible material may
cause fire
9. Explosive when mixed with combustible
material
10. Flammable
11. Highly flammable
12. Extremely flammable
13. Extremely flammable liquefied gas
14. Reacts violently with water
15. Contact with water liberates highly
flammable gases

16. Explosive when mixed with oxidizing
substances

17. Spontaneously flammable in air

18. In use, may form flammable/explosive
vapour-air mixture

19. May form explosive peroxides

20. Harmful by inhalation

21. Harmful in contact with skin

22. Harmful if swallowed

23, Toxic by inhalation
24. Toxic in contact with skin
25. Toxic if swallowed
26. Very toxic by inhalation
27. Very toxic in contact with skin
28, Very toxic if swallowed
29. Contact with water liberates toxic gas
30. Can become highly flammable in use
31. Contact with acids liberates toxic gas
32. Contact with acids liberates very toxic gas

33. Danger of cumulative effects





Single risks

34. Causes burns

35. Causes severe bums

36. Irritating to eyes

37. Irritating to respiratory system
38. Irritating to skin

39. Dangers of very serious irreversible
effects
40. Possible risk of irreversible effects
41. Risk of serious damage to eyes
42. May cause sensitisation by inhalation
43. May cause sensitisation by skin contact
44. Risk of explosion if heated under
confinement
45. May cause cancer
46. May cause heritable genetic damage
47. May cause birth defects
48. Danger of serious damage to health by
prolonged exposure
49. Spontaneously combustible in air when
wet

Combinations of risks

14/15. Reacts violently with water,
liberating highly flammable gases
15/29. Contact with water liberates toxic,
highly flammable gas
20/21. Harmful by inhalation and in
contact with skin

20/21/22. Harmful by inhalation, in contact
with skin and if swallowed

20/22. Harmful by inhalation and if
swallowed
21/22. Harmful in contact with skin and if
swallowed
23/24. Toxic by inhalation and in contact
with skin
23/24/25. Toxic by inhalation, in contact with
skin and if swallowed
23/25. Toxic by inhalation and if
swallowed





Combinations of risks

24/25. Toxic in contact with skin and if
swallowed

26/27. Very toxic by inhalation and in
contact with skin
26/27/28. Very toxic by inhalation, in contact
with skin and if swallowed

26/28. Very toxic by inhalation and if
swallowed
27/28. Very toxic in contact with skin and
if swallowed
36/37. Irritating to eyes and respiratory
system
36/37/38. Irritating to eyes, respiratory
system and skin

36/38. Irritating to eyes and skin
37/38. Irritating to respiratory system and
skin
42/43. May cause sensitisation by
inhalation and skin contact

FOURTH SCHEDULE [reg. 8]

LIST OF SAFETY PRECAUTIONS

Single safely precautions

1. Keep locked up

2. Keep in a cool place

3. Keep away from living quarters

4. Keep contents under ...
(appropriate liquid to be specified)

5. Keep under ... (inert gas to be
specified)

6. Keep container tightly closed

7. Keep container dry
8. Keep container in a well ventilated
place
9. Do not keep the container scaled
10. Keep away from food, drink and
animal feeding stuffs





Single safety precautions

11. Keep away from (incompatible
materials to be indicated)

12. Keep away from heat
13. Keep away from sources of ignition-No
Smoking .

14. Keep away from combustible material

15. Handle and open container with care
16. When using do not cat or drink
17. When using do not smoke
18. Do not breathe dust
19. Do not breathe gas/fumes/
vapour/spray (appropriate wording to
be specified)
20. Avoid contact with skin
21. Avoid contact with eyes
22. In case of contact with eyes, rinse
immediately with plenty of water and
seek medical advice
23. Take off immediately all contaminated
clothing
24. After contact with skin, wash
immediately with plenty of...
(to he specified)
25. Do not empty into drains
26. Never add water to this product

27. Take precautionary measures against
static discharges

28. Avoid shock and friction
29. This material and its container must be
disposed of safely by ... (to be specified)

30. Wear suitable protective clothing

31. Wear suitable protective gloves

32. In case of insufficient ventilation, wear
suitable respiratory equipment

33. Wear eye/face protection (appropriate
wording to be specified)

34. To clean the floor and all objects
contaminated by this material use ...
(to be specified)





Single safety precautions

35. In case of fire and/or explosion
do not breathe fumes

36. During fumigation/spraying wear
suitable respiratory equipment
(appropriate wording to be specified)

37. In case of fire, use (indicate in the
space the precise type of fire-fighting
equipment; if water increases the risk,
add-'Never use water')

38. If you feel unwell, seek medical advice
(show the label where possible)
39. In case of accident or if you feel unwell,
seek medical advice immediately (show
the label where possible)
40. If swallowed seek medical advice
immediately and show this container
or label
41. Keep at temperature not exceeding
'C (to be specified)
42. Keep wetted with (appropriate
material to be specified)
43. Keep only in the original container
44. Do not mix with (to be specified)

45. Use only in well ventilated areas

46. Not recommended for interior use on
large surface areas

Combinations of safety
precautions

2/6/8. Keep container tightly closed,
in a cool well ventilated place
2/8. Keep in a cool well ventilated
place
2/8/11. Keep in a cool, well ventilated
place away from
(incompatible materials to be
indicated)
2/8/11/43, Keep only in the original
container in a cool, well
ventilated place away from. . .
(incompatible materials to be
indicated)
2/8/43. Keep only in the original
container in a cool, well
ventilated place





Combinations of safely
precautions

2/11. Keep in a cool place away from
... (incompatible materials to
be indicated)

6/7. Keep container tightly closed and
dry
6/8. Keep container tightly closed and
in a well ventilated place
16/17. When using do not eat, drink or
smoke
20/21. Avoid contact with skin and eyes
30/31. Wear suitable protective clothing
and gloves
30/31/33.Wear suitable protective clothing,
gloves and eye/face protection
(appropriate wording to be
specified)

30/33. Wear suitable protective clothing
and eye/face protection
(appropriate wording to be
specified)
31/33. Wear suitable gloves and eye/face
protection (appropriate wording
to be specified)
41/43. Keep only in the original
container at temperature not
exceeding. . . 'C (to be specified)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2353

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

40
]]>
Tue, 23 Aug 2011 18:06:10 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (CARCINOGENIC SUBSTANCES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2352

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (CARCINOGENIC SUBSTANCES) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(CARCINOGENIC SUBSTANCES) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. Page

PART I

PRELIMINARY

1. Citation............................... ... ... ... ... ... ... ... ... AA 2

2. Interpretation ...................... ... ... ... ... ... ... ... ... AA 2

PART II

PROHIBITED SUBSTANCES

3. Prohibition of employment in manufacture of certain substances and their

use .................................... ... ... ... ... ... ... ... AA 2
4......Exemptions ............................. ... ... ... ... ... ... ... AA
3

PART III

CONTROLLED SUBSTANCES

5...............Application of this Part ... ... ... ... ... ... ... ... ... ... ... AA 4

6.............Safety precautions ......... ... ... ... ... ... ... ... ... ... ... AA 4

7......................Appointment of medical practitioner ... ... ... ... ... ... ... ... AA 5

8...............Medical examinations ..... ... ... ... ... ... ... ... ... ... ... AA 5
9...............Health Registers ......... ... ... ... ... ... ... ... 1. 1 AA 6

PART IV

OFFENCES

10........Offences ....................... ... ... ... ... ... ... ... ... ... AA 6

Schedule. Health Register of persons employed in connexion with carcinogenic

substances............... .............. ... ... ... ... ... ... ... AA 6





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(CARCINOGENIC SUBSTANCES) REGULATIONS

(Cap. 59, section 7)

[14 November 1986.1

PART 1

PRELIMINARY

1. These regulations may be cited as the Factories and

Industrial Undertakings (Carcinogenic Substances) Regulations.

2. In these regulations, unless the context otherwise requires-

'appointed medical practitioner' means a medical practitioner
appointed under regulation 7;

'controlled Substance' means any of the following chemical
compounds

(a) alpha-naphthylamine and its salts (other than alpha-
naphthylamine. containing, as a by-product of a chemical
reaction, more than one per cent of beta-naphthylamine);
(b) ortho-tolidine and its salts;

(c) dianisidine and its salts;

(d) dichlorobenzidine and its salts; (e)
auramine; and

(f) magenta;

'prohibited substance' means any of the following chemical
compounds

(a) beta-naphthylamine and its salts; (b)
benzidine and its salts;

(c) 4-aminodiphenyl and its salts; (d)
4-nitrodiphenyl and its salts,

and any substance containing all or any one or more of these
chemical compounds (other than as a by-product of a chemical
reaction and in a total concentration not exceeding one per cent).

PART 11

PROHIBITED SUBSTANCES

3. (1) No person shall be employed in any industrial under-

taking in connexion with the manufacture of any prohibited sub

stance or in connexion with any process in the course of which any

prohibited substance is formed.





(2) Subject to paragraph (3), no prohibited substance shall be
brought into or used in any industrial undertaking.

(3) Paragraph (2) shall not apply so as to prevent any prohibited
substance being brought into any dock, quay, wharf, warehouse or
airport for the sole purpose of exporting it.

4. (1) Notwithstanding regulation 3, the Commissioner for Labour
may, in such cases as he shall think fit and subject to such conditions
as he may specify therein, by certificate in writing exempt any industrial
undertaking or any part of any industrial undertaking, from the
provisions of regulation 3, if he is satisfied that

(a)in a case where it is proposed to manufacture or use any
prohibited substance

(i) the proposed manufacture or use will be only for the
purpose of or in the course of medical or scientific research,
investigation or testing; and

(ii) the proposed manufacture or use has been certified in
writing by the director or other person in charge of the
laboratory or other place where the research, investigation or
testing is to be carried on, to be necessary for such purpose
or in such course;

(b)in a case where in the course of any process of manufacture
(other than the manufacture of any prohibited substance) any
prohibited substance is formed at any stage of the process,
the process will be carried out in a totally enclosed system in
such a manner

(i) that no prohibited substance is removed from the system
except for the purposes of, and in no greater quantity and no
more frequently than is necessary for, control of the process
and such analysis as is necessary to secure that the product
will be free from prohibited substances; and

(ii) that no prohibited substance escapes from the system;

(c)in a case where it is proposed to manufacture benzidine
monohydrochloride, benzidine dihydrochloride or a mixture
containing either or both of those substances or to use those
substances or either of them in any process of manufacture,
the manufacture or use will be carried out in a totally enclosed
system in such a manner

(i) that no prohibited substance is allowed to escape from
the system;

(ii) that no prohibited substance (other than benzidine
hydrochloride) is removed therefrom except for the purposes
of, and in no greater quantity and no more frequently than is
necessary for, control of the process and such analysis as is
necessary to secure that the product will be free from
prohibited substances; and





(iii) that adequate steps will be taken to ensure that the
benzidine hydrochlorides are, at all times, except while they
are in the totally enclosed system, kept wet so that the
proportion by weight of water to benzidine hydrochlorides is
not less than one part of water to two parts of benzidine
hydrochlorides,

and if he is further satisfied in each of the cases mentioned in sub-
paragraphs (a), (b) and (e) that the requirements of regulations 6 to 9
will be complied with in the case of any manufacture or use (as the case
may be) referred to in those sub-paragraphs as if it were a case to which
regulations 6 to 9 apply and as if the references therein to controlled
substances included references to prohibited substances.

(2) The Commissioner for Labour may, by notice in writing served
on the proprietor of the industrial undertaking concerned, revoke any
exemption granted under paragraph (1).

PART III

CONTROLLED SUBSTANCES

5. Subject to regulation 4, this Part applies only with respect to
industrial undertakings in which any person is employed

(a)in connexion with the manufacture of any controlled
substance or in connexion with any process in the course of
which any controlled substance is formed;

(b)in connexion with any process in the course of which any
controlled substance (other than auramine or magenta) is used
or handled;

(c)in the storage or movement within the industrial undertaking
of any controlled substance in connexion with any
manufacture or process referred to in paragraph (a) or (b); or

(d)in the maintenance or cleaning of plant or the cleaning of
containers, stores or workrooms in connexion with any
manufacture or process referred to in paragraph (a) or (b).

6. The proprietor of every industrial undertaking shall-

(a)take all practicable steps to prevent persons employed therein
in any manufacture, process or work referred to in regulation 5
being exposed to the risk of inhaling, ingesting or otherwise
absorbing any controlled substance;

(b)warn every person employed therein by posting notices (in
the English and Chinese languages, in a form approved by the
Commissioner) in conspicuous places where any controlled
substance is present and where any such manufac





ture, process or work referred to in regulation 5 is being
carried out, of the dangers to health involved in such
employment and of the need for regular medical examinations
and attention to safe working practices; and

(c)ensure that all controlled substances within the industrial
undertaking (except when in the course of manufacture,
formation or use) are kept in suitable closed receptacles
legibly marked with the name of the substance it contains and
also with the words 'CARCINOGENIC SUBSTANCW and the
characters

7. (1) The proprietor of every industrial undertaking shall appoint a
medical practitioner who is conversant with the provisions of these
regulations and the health hazards associated with prohibited and
controlled substances, to carry out medical examinations of persons
employed therein, as required by regulation 8.

(2) A proprietor who has appointed a medical practitioner under
paragraph (1) shall notify the Commissioner, in writing, within 14 days
after such appointment, of the name and address of the appointed
medical practitioner.

8. (1) Every person who is or has been employed in any industrial
undertaking in any manufacture, process or work referred to in
regulation 5 shall be medically examined by the appointed medical
practitioner within one month of being first so employed and be so
examined again at intervals of not more than 6 months so long as his
employment in the industrial undertaking continues:

Provided that in the case of a person so employed at the date of
the coming into operation of these regulations, his first medical
examination under this regulation shall be within one month of that date.

(2) Every medical examination under paragraph (1) shall include
exfoliative cytology of the urine by a laboratory of the
Institute of Pathology of the Medical and Health Department.

(3) Every person who is or has been employed in an industrial
undertaking in any manufacture, process or work referred to in
regulation 5 shall submit himself for medical examination by the
appointed medical practitioner as required under this regulation and
provide samples of urine as necessary so that the requirements of
paragraph (2) may be complied with.

(4) For the purpose of this regulation the expression 'first so
employed' includes re-employment in any industrial undertaking to
which this Part applies following a cessation of such employment for
any period exceeding 6 months.

(5) The cost of medical examinations required by this regulation
shall be borne by the proprietor of the industrial undertaking concerned.





9. (1) The proprietor of every industrial undertaking shall maintain
a Health Register in respect of each person medically examined for the
purpose of these regulations, in the form set out in the Schedule.

(2) The Health Register referred to in paragraph (1) shall be
forwarded to the Commissioner on the cessation of the employment in
the industrial undertaking of the person to whom it relates, by the
proprietor of the industrial undertaking concerned.

(3) The register referred to in paragraph (1) shall be open to
inspection at all reasonable times by an inspector.

PART IV

OFFENCES

10. (1) Where in any industrial undertaking regulation 3(1), 3(2) or
8(1) is contravened the proprietor of the industrial undertaking shall be
guilty of an offence and liable to a fine of $30,000.

(2) The proprietor of an industrial undertaking who fails to comply
with any condition specified in a certificate of exemption granted under
regulation 4 commits an offence and is liable to a fine of $30,000.

(3) Any proprietor of an industrial undertaking who fails to comply
with the provisions of regulation 6(a) commits an offence and is liable to
a fine of $30,000.

(4) Any proprietor of an industrial undertaking who fails to comply
with the provisions of regulation 6(c), 7(1) or 9(1) or (2) commits an
offence and is liable to a fine of $20,000.

(5) Any proprietor of an industrial undertaking who fails to comply
with the provisions of regulation 6(b) or 7(2) commits an offence and is
liable to a fine of $10,000.

(6) Where in any industrial undertaking the provisions of
regulation 9(3) are not complied with, the proprietor of the industrial
undertaking shall be guilty of an offence and is liable to a fine of
$20,000.

SCHEDULE [reg. 9(1).]



FACTORIES AND INDUSTRIAL UNDERTAKINGS (CARCINOGENIC
SUBSTANCES)
REGULATIONS



HEALTH REGISTER OF PERSONS EMPLOYED IN CONNEXION WITH
CARCINOGENIC SUBSTANCES






Part 1

(to be filled by proprietor in the course of employment of the person)

Name of industrial undertaking:

..........................................................................................................

Address:

.................................................................................................................
Telephone:

.................................................................................................................

PARTICULARS OF EMPLOYED PERSON-

Name: Sex:


Identity Card (or other
identification document)
No.:

Date of birth:

....................................................... ............................

Address:

.................................................................................................................

Telephone:

.................................................................................................................

REGISTER OF 6-MONTHLY MEDICAL EXAMINATION-


Date of Name of appointed
examination Date urine sample provided medical practitioner

........ ......................................................................... ...................................
........ ......................................................................... ...................................
........ ......................................................................... ...................................
........ ......................................................................... ...................................
.............................................
....................................................... ...................................

PERIODS OF EMPLOYMENT IN CONNEXION WITH SUBSTANCES
UNDER THE REGULATIONS-

Name of
Process Substance From TO

1 ................................. .............................. ..............................
..............................
2 ................................. .............................. ..............................
..............................
3 ................................. .............................. ..............................
..............................

4 . ................................................................. ..............................

Part 2

(to be filled and sent by proprietor on cessation of employment of the
person)





To: Commissioner for Labour, Labour Department, Hong Kong

Pursuant to regulation 9(2) of the Factories and Industrial Undertakings



(Carcinogenic Substances) Regulations, this register is forwarded herewith.

(Chop of industrial undertaking) Signature:

Name:

...............................................

Position:

...............................................

Date:

...............................................

Notes,

1.In accordance with regulation 8 every person who is or has been employed in
any manufacture, process or work referred to in regulation 5 is required to be
medically examined at intervals of not more than 6 months so long as his
employment in the industrial undertaking continues. The medical examination
includes exfoliative cytology of the urine.

2.Employed persons are required to submit themselves for medical examination
at the appointed time and to provide a urine sample.
L.N. 270/86. Citation. Interpretation. Prohibition of employment in manufacture of certain substances and their use. Exemptions. Application of this Part. Safety precautions. Appointment of medical practitioner. Medical examinations. Health Registers. Schedule. Offences.

Abstract

L.N. 270/86. Citation. Interpretation. Prohibition of employment in manufacture of certain substances and their use. Exemptions. Application of this Part. Safety precautions. Appointment of medical practitioner. Medical examinations. Health Registers. Schedule. Offences.

Identifier

https://oelawhk.lib.hku.hk/items/show/2352

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:06:10 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (SAFETY OFFICERS AND SAFETY SUPERVISORS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2351

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (SAFETY OFFICERS AND SAFETY SUPERVISORS) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(SAFETY OFFICERS AND SAFETY SUPERVISORS)
REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

PART I

PRELIMINARY

1. Citation and commencement ................. ... ... ... ... ... ... Z 3

2. Interpretation ............................ ... ... ... ... ... ... ... Z 3

3. Application ............................ ... ... ... ... Z3

PART II

SAFETY OFFICER ADVISORY COMMITTEE AND
QUALIFICATIONS
FOR REGISTRATION AS SAFETY OFFICERS

4......................Safety Officer Advisory Committee ... ... ... ... ... ... ... Z 3

5..........................Qualifications for registration as safety officer ... ... ... ... ... ... Z 4

PART Ill

REGISTER AND REGISTRATION OF
SAFETY
OFFICERS AND APPEALS

6...............Register of safety officers ... ... ... ... ... ... ... ... ... ... ... Z 4

7..........................Application for and registration as safety officer ... ... ... ... ... ... Z 5

8. Commissioner to serve notice of decision on applicant ... ... ... ... ... Z 5

9..................Cancellation of registration ... ... ... ... ... ... ... ... ... ... Z 5

10.................Suspension of registration ... ... ... ... ... ... ... ... Z 6

11............................Notice of cancellation or suspension of registration ... ... ... ... ... Z 6
12............................Appeals to Secretary for Education and Manpower ... ... ... ... ... Z 6
13............................Publication of cancellation or suspension of registration ... ... ... ... ... Z 7

PART IV

EMPLOYMENT AND DUTIES OF SAFETY
OFFICERS
AND SAFETY SUPERVISORS

14.................Employment of safety officer ... ... ... ... ... ... ... Z 7

15...............Duties of safety officer ... ... ... ... ... ... ... ... ... ... ... Z 7

16...................Employment of safety supervisor ... ... ... ... ... ... ... ... ... z 9

17.................Duties of safety supervisor ... ... ... ... ... ... ... ... ... ... z 9

18...................Replacement of safety supervisor ... ... ... ... ... ... ... ... ... z 9





Regulation .......................Page
PART V
RESPONS113ILITIES OF PROPRIETOR

19........................Facilities to be provided by proprietor 1 ... ... ... z 10

20....................Action to be taken on reports ... ... ... ... ... ... ... ... ... z 10

21-.......................Production of reports to Commissioner ... ... ... ... ... ... ... z 10

PART VI

OFFENCES BY PROPRIETOR AND PENALTIES

22.............................Offences by proprietor and penalties for offences ... ... ... ... ... z 10

First Schedule. Industrial undertakings to which regulations apply ... ... ... ... z 11

Second Schedule. Qualifications for registration as safety officer ... ... ... ... z 11

Third Schedule. Scheduled qualifications ...... ... ... ... ... ... ... ... ... z 11

Fourth Schedule. 1. Employment of safety officer for the purposes of regulation 14 z 11

2. Employment of safety supervisor for the purposes of regulation 16 Z 12

Fifth Schedule.........................Form 1. Application for registration as a safety officer ... ... Z 13

Form 2. Monthly report to be prepared by safety officer employed at

construction sites ................ ... ... ... ... Z 15

Form 3. Weekly report to be prepared by safety supervisor employed at

construction sites.............. ... ... ... ... ... ... z 19





FACTORIES AND INDUSTRIAL UNDERTAKINGS (SAFETY
OFFICERS AND SAFETY SUPERVISORS) REGULATIONS

(Cap. 59, section 7)

[Regulations 4 to 13: 1 December 1986

PART 1

PRELIMINARY

1. (1) These regulations may be cited as the Factories and
Industrial Undertakings (Safety Officers and Safety Supervisors)
Regulations.

(2) These regulations shall come into operation on a day to be
appointed by the Commissioner for Labour by notice in the Gazette and
notices under this regulation may appoint different dates for the coming
into operation of any of such regulations.

2. In these regulations, unless the context otherwise requires---

'construction site' means a place where construction work is
undertaken and also any area in the immediate vicinity of any such
place which is used for the storage of materials or plant used or
intended to be used for the purpose of the construction work;

',safety officer' means a person employed as a safety officer in an
industrial undertaking under these regulations; and

',safety supervisor' means a person employed as a safety supervisor in
an industrial undertaking under these regulations.

3. These regulations apply to any industrial undertaking named in
the First Schedule.

PART 11

SAFETY OFFICER ADVISORY COMMITTEE AND
QUALIFICATIONS
FOR REGISTRATION AS SAFETY OFFICERS

4. (1) There shall be a Safety Officer Advisory Committee (in this
regulation referred to as 'the committee') to advise the Commissioner
for Labour on such matters as he may from time to time refer to the
committee for the purposes of these regulations, including

(a)the qualifications for registration of persons as safety officers
referred to in regulation 5; and

(b)the registration of persons as safety officers under regulation
7.





(2) The committee shall consist of such number of persons as the
Commissioner for Labour may appoint to be members thereof and each
member shall hold office for such period as the Commissioner for Labour
may in his discretion determine.

(3) A member of the committee may resign at any time by notice in
writing addressed to the Commissioner for Labour.

(4) The committee shall meet as often as may be necessary for the
consideration of matters referred to the committee under this regulation
or as the Commissioner for Labour may, by notice in writing to each
member, direct.

(5) The procedure of the committee shall be such as the
Commissioner for Labour may determine.

5. (1) A person who holds a scheduled qualification specified in the
first column of the Second Schedule is qualified to be registered as a
safety officer for the purposes of employment at the class of industrial
undertaking indicated opposite thereto in the second column of the
Second Schedule.

(2) For the purposes of paragraph (1) and the Second Schedule,
'scheduled qualification' means any of the qualifications set out in the
Third Schedule.

(3) Notwithstanding paragraph (1) and the Second Schedule, a
person who satisfies the Commissioner for Labour that

(a)immediately before the making of these regulations he was
employed as a safety officer in an industrial undertaking to
which these regulations apply; and

(b)by reason of his education, training, professional experience
and skill in industrial safety he is a fit and proper person to be
registered as a safety officer,

shall be deemed to be qualified to be registered as a safety officer for
the purposes of employment in an industrial undertaking.

PART 111

REGISTER AND REGISTRATION OF SAFETY OFFICERS AND APPEALS

6. (1) The Commissioner shall establish and maintain a register in
which he shall cause to be kept particulars of the names and addresses
of all persons registered as safety officers under these regulations and
such other matters, if any, as he thinks fit.

(2) The register shall be available for inspection by the public free
of charge at such offices of the Government as the Commissioner may
direct, during the hours when those offices are open to the public.

(3) The Commissioner shall enter in the register-





(a)any amendment as he may consider necessary for the
purposes of preserving the accuracy of the register in respect
of the address or any other particulars relating to a person
whose name appears therein; and

(b)where he suspends the registration of a person whose name
appears therein under regulation 10, the period of time that
registration is suspended.

(4) The Commissioner shall remove from the register the name of a
person

(a) who dies;

(b) who requests in writing that his name be removed; or

(c) whose registration is cancelled under regulation 9.

7. (1) An application by a person for registration as a safety officer
shall be made in Form 1 in the Fifth Schedule unless the Commissioner
for Labour gives prior approval for such application to be in a different
form.

(2) Subject to paragraph (3), the Commissioner for Labour may, in
his discretion, register a person as a safety officer, and may impose such
conditions in relation to that registration as he thinks fit.

(3) The Commissioner for Labour shall not register an applicant as a
safety officer unless he is satisfied that the applicant is a person who is

(a) qualified to be registered as a safety officer;

(b) competent to be registered as a safety officer; and

(c) fit and proper to be registered as a safety officer.

8. (1) Where the Commissioner for Labour registers or refuses to
register a person as a safety officer under regulation 7, he shall forthwith
serve notice in writing of his decision on that person.

(2) Where the Commissioner for Labour refuses to register a person
as a safety officer the notice referred to in paragraph (1) shall include~-

(a) an adequate statement of the reasons for his refusal; and

(b)an endorsement setting out the relevant provisions of
regulation 12.

9. The Commissioner for Labour may cancel the registration of a
person registered as a safety officer under regulation 7(2) if

(a)he is of the opinion that registration was obtained by
fraudulent means; or

(b)he ceases to be satisfied of any matter in respect of which he
is required to be satisfied under regulation 7(3).





10. (1) If in the case of a person registered as a safety officer under
regulation 7, it appears to the Commissioner for Labour that that person
has without reasonable excuse failed to carry out the duties of a safety
officer under these regulations, he may serve on that person a notice
stating his intention to suspend the registration of that person and the
ground or grounds therefor and requiring that person to show cause in
writing, within 14 days after the service of such notice, why the
registration should not be suspended.

(2) Where after a notice is served on a person under paragraph (1)

(a)that person does not show cause in writing why the
registration should not be suspended; or

(b)the Commissioner for Labour is of the opinion that that person
has not shown good cause in writing why the registration
should not be suspended,

the Commissioner for Labour may by notice in writing suspend the
registration for such time being not more than 12 months as shall be
specified therein.

11. (1) Where the Commissioner for Labour cancels registration
under regulation 9 or suspends registration under regulation 10, he shall
forthwith serve notice in writing of his decision on

(a) the person whose registration is cancelled or suspended; and

(b)the proprietor of the industrial undertaking where that person
is employed.

(2) Every notice referred to in paragraph (1) shall include-

(a)an adequate statement of the reasons for cancelling or
suspending the registration; and

(b)an endorsement setting out the relevant provisions of
regulation 12.

12. (1) A person-

(a)whom the Commissioner for Labour refuses to register under
regulation 7;

(b) whose registration is cancelled under regulation 9; or

(c) whose registration is suspended under regulation 10,

may, by notice in writing which states the grounds of appeal and is
delivered to the Commissioner for Labour within 21 days of being
notified by him of any such decision, appeal to the Secretary for
Education and Manpower.

(2) A decision that is appealed against under paragraph (1) shall
not have effect pending the determination of the appeal by the
Secretary for Education and Manpower.

(3) The Secretary for Education and Manpower, when considering
any appeal against a decision of the Commissioner for Labour





(a)shall give the person appealing against the decision an
opportunity of being heard; and

(b) may confirm or reverse the decision.

(4) On the confirmation or reversal of a decision under para-
graph (3)(b), the Commissioner for Labour shall forthwith serve
notice in writing thereof on-

(a) the person who appealed against the decision; and

(b)the proprietor of the industrial undertaking where that
person is employed.

13. Where the Commissioner for Labour cancels registration
under regulation 9 or suspends registration under regulation 10, he
shall cause notice thereof to be published in the Gazette-

(a)if no appeal is made under regulation 12(1), on the expiry
of the period of 21 days referred to in that regulation; or

(b)if an appeal is made under regulation 12(1), on the con-
firmation of his decision by the Secretary for Education
and Manpower under regulation 12(3).

PART IV

EMPLOYMENT AND DUTIES OF SAFETY OFFICERS AND
SAFETY SUPERVISORS

14. (1) The proprietor of an industrial undertaking specified in
the first column of paragraph 1 of the Fourth Schedule shall employ
a person as a full time safety officer in the manner indicated opposite
in the second column of paragraph 1 of the Fourth Schedule.

(2) A proprietor of an industrial undertaking shall not employ
any person as a safety officer-

(a)unless that person is registered under regulation 7 and is
not for the time being suspended from registration under
regulation 10; and

(b)for any purpose other than the discharge of the duty under
regulation 15, of a person employed as a safety officer.

15. (1) The duty of a person employed as a safety officer shall
be to assist the proprietor of the industrial undertaking in promoting
the safety and health of persons employed therein, including for that
purpose-

(a)advising the proprietor as to measures to be taken in the
interest of the safety and health of persons employed in
the industrial undertaking and, with the approval of the
proprietor, implementing such measures;





(b)inspecting the industrial undertaking, or directing any person
employed as a safety supervisor therein to inspect the
industrial undertaking for the purpose of determining whether
or not there is any machinery, plant, equipment, appliance or
process or any description of work carried on in the industrial
undertaking which is of such a nature as to be liable to cause
risk of bodily injury to any person employed in an industrial
undertaking;

(c)reporting the findings of any inspection carried out under sub-
paragraph (b) to the proprietor and recommending what
measures, if any, ought to be taken as a result of that
inspection;

(d)assisting in the supervision of any person employed as a
safety supervisor in the industrial undertaking;

(e)advising the proprietor in the interest of the safety and health
of persons employed in the industrial undertaking of any
repairs or maintenance that ought to be carried out in respect
of

(i) any premises comprising the industrial undertaking;

(ii) any appliance, equipment, machinery or plant in use in
the industrial undertaking;

investigating and reporting to the proprietor, or causing to be
investigated and reported to the proprietor, the circumstances
of any accident, or dangerous occurrence in the industrial
undertaking and making recommendations to the proprietor to
prevent similar accidents or dangerous occurrences;

(g)investigating and reporting to the proprietor, or causing to be
investigated and reported to the proprietor, the circumstances
of the suffering of any bodily injury by any person employed
in the industrial undertaking and making recommendations to
the proprietor to prevent similar suffering of any bodily
injury;

(h)investigating and reporting to the proprietor every fatal
accident in the industrial undertaking and making
recommendations to the proprietor to prevent similar fatal
accidents;

(i)receiving, discussing and countersigning every report
submitted to him under regulation 17(1)(b)(iv) by a person
employed as a safety supervisor; and

(j)on or before the last day in every month preparing and
submitting to the proprietor a report as provided in paragraph
(2).

(2) A report submitted under paragraph (1)(j) shall be in Form 2 in
the Fifth Schedule in relation to an industrial undertaking unless the
Commissioner for Labour gives prior approval for such report to be in a
different form.





16. The proprietor of an industrial undertaking specified in the first
column of paragraph 2 of the Fourth Schedule shall employ a person as
a safety supervisor in the manner indicated opposite in the second
column of paragraph 2 of the Fourth Schedule.

17. (1) The duty of a person employed as a safety supervisor shall
be

(a)to assist any person employed as a safety officer in the
industrial undertaking in carrying out the duties of a safety
officer under these regulations;

(b)to assist the proprietor responsible for the industrial
undertaking in promoting the safety and health of persons
employed therein including for that purpose

(i) advising the proprietor or any person employed as a
safety officer in the industrial undertaking, as to the
observance by any person of the standards for the safety or
protection of persons employed in the industrial undertaking;

(ii) supervising the observance by any person of the
standards for the safety or protection of persons employed in
the industrial undertaking;

(iii) promoting the safe carrying on of work in the industrial
undertaking; and

(iv) on or before the last day in every week, preparing and
submitting, in the case where no person is employed as a
safety officer in the industrial undertaking, to the proprietor, or
in the case where a person is employed as a safety officer in
the industrial undertaking, to the safety officer, a report as
provided in paragraph (2).

(2) A report submitted under paragraph (1)(b)(iv) shall be in Form 3
in the Fifth Schedule in relation to the industrial undertaking unless the
Commissioner for Labour gives prior approval for such report to be in a
difrerent form.

18. (1) Where it appears to the Commissioner that any person
employed as a safety supervisor has, without reasonable excuse, failed
to carry out his duties under these regulations, the Commissioner may,
by notice in writing served on the proprietor of the industrial
undertaking where the person is employed as a safety supervisor, direct
him to employ another person as a safety supervisor before the expiry of
such time being not less than 14 days as shall be specified in the notice.

(2) The proprietor of an industrial undertaking on whom a notice is
served under paragraph (1), shall comply with the direction to employ
another person as a safety supervisor before the expiry of the time
specified in the notice.





PART V

RESPONSIBILITIES OF PROPRIETOR

19. The proprietor of an industrial undertaking shall, in relation to
the duties under these regulations of any person employed as a safety
officer or safety supervisor therein

(a)ensure that such duties are carried out under his supervision
or under the supervision of a person who has direct and
effective control over the work carried on in the industrial
undertaking;

(b)provide all such assistance, equipment, facilities and
information as may be necessary for the proper carrying out
of such duties; and

(c)ensure that a person employed as a safety supervisor is not
required to carry out other work of a nature or to the extent
that would prevent the proper carrying out of such duties.

20. The proprietor of an industrial undertaking shall, in relation to a
report submitted to him under regulation 15(1)(j), by a person employed
as a safety officer, or a report submitted to him under regulation
17(1)(b)(iv), by a person employed as a safety supervisor

(a)discuss the report with the safety officer or the safety
supervisor, as the case may be, as soon as practicable after
the report is submitted to him;

(b)countersign the report and indicate the date when it was
discussed under paragraph (a); and

(c)keep the report for a period of 3 years from the date it was
discussed under paragraph (a).

21. (1) The Commissioner may, by notice in writing served on the
proprietor of an industrial undertaking, require the proprietor to produce
any report kept under regulation 20(c) by the proprietor to him before
the expiry of such time being not less than 14 days as shall be specified
in the notice.

(2) The proprietor of an industrial undertaking on whom a notice is
served under paragraph (1), shall before the expiry of the time specified
in the notice, produce the report to the Commissioner.

PART VI

OFFENCES BY PROPRIETOR AND PENALTIES

22. A proprietor of an industrial undertaking who contravenes any
of the provisions of regulation 14, 16, 18(2), 19, 20 or 21(2) commits an
offence and





(a)in respect of a contravention of regulation 14(1) or (2), is liable
to a fine of $20,000; and

(b)in respect of a contravention of regulation 16, 18(2) or any of
the provisions of regulation 19, 20 or 21(2), is liable to a fine of
$10,000.

FIRST SCHEDULE [-g. 3.1

INDUSTRIAL UNDERTAKINGS TO WHICH
REGULATIONS APPLY

Construction sites

SECOND SCHEDULE [reg. 5(1).]

QUALIFICATIONS FOR REGISTRATION AS SAFETY
OFFICER
Scheduled qualificationIndustrial undertaking

A, B, C Construction sites

THIRD SCHEDULE [reg. 5(2).]

SCHEDULED
QUALIFICATIONS

1. For the purposes of regulation 5 and the Second Schedule, the qualifications
for registration as a safety officer are as follows

A. A degree or diploma of any specified examining body in(i)
industrial safety; or (ii) occupational hygiene; or (iii) a
specified subject, and relevant experience of not less than
1 year.

B. A certificate of any specified examining body in(i)
industrial safety; or (ii) occupational hygiene,
and relevant experience of not less than 2 years.

C.A certificate of any specified examining body in construction safety and
relevant experience of not less than 2 years.

2. In paragraph I-

relevant' means such experience as may from time to lime be recognized by the

Commissioner for Labour as being relevant to the duties of a safety officer
under

these regulations; and
specified' means specified by the Commissioner for Labour by notice in the Gazette.

FOURTH SCHEDULE [regs. 14(1) 16.1

1. Employment of safety officer for the purposes of regulation 14.





Proprietor Safety Officer

(a) A proprietor of one construction One safety officer where the total number
site who is a principal contractor.of persons employed therein, not being

persons employed by a specialist
contractor, is 200 or more.

(b) A proprietor of more than one One safety officer where the total

construction site who is a principal aggregate number of persons employed at

contractor. such construction sites, not being persons
employed by a specialist contractor, is
200 or more.
(e) A proprietor of one construction One safety officer where the total number
site who is a specialist contractor.of persons employed by him therein is 200
or more.
(d) A proprietor of more than one One safety officer where the total

construction site who is a specialist aggregate number of persons employed
contractor. by him at such construction sites is 200 or
more.

2. Employment of safety supervisor for the purposes of regulation 16.

Proprietor Safety Supervisor

(a) A proprietor of one construction One safety supervisor where the total
site who is a principal contractor.number of persons employed therein, not

being persons employed by a specialist
contractor, is 20 or more.

(b) A proprietor of more than one One safety supervisor on each

construction site who is a principal construction site on which the number of

contractor. persons employed, not being persons
employed by a specialist contractor, is 20
or more.
(c) A proprietor of one construction One safety supervisor where the total
site who is a specialist contractor.number of persons employed by him
therein, is 20 or more.
(d) A proprietor of more than one One safety supervisor on each

construction site who is a specialist construction site on which the number of
contractor. persons employed by him is 20 or more.

3. In paragraphs 1 and 2-

'principal contractor' means any person who enters into a contract with an owner,
occupier or developer of property, or with an agent or architect, surveyor or
civil, municipal or structural engineer of such owner, occupier or developer, to
perform construction work for such owner, occupier or developer in respect of
that property; and

specialist contractor' means any person who is nominated by an owner, occupier
or developer of property, or by an agent or architect, surveyor or civil,
municipal or structural engineer of such owner, occupier or developer, or by
the principal contractor, and who enters into a contract

(a)with a principal contractor to perform all or any part of the construction
work in a construction site which the principal contractor has contracted
to perform; or







(b)with an owner, occupier or developer of property, or with an agent or
architect, surveyor or civil, municipal or structural engineer of such owner,
occupier or developer, to perform any construction work in a construction
site which the principal contractor has not contracted to perform.





FIFTH SCHEDULE [regs. 7(1),15(2) & 17(2).]
FORM 1 [reg. 7(1).]

FACTORIES AND INDUSTRIAL UNDERTAKINGS
(SAFETY OFFICERS AND SAFETY SUPERVISORS)
REGULATIONS

APPLICATION FOR REGISTRATION AS A SAFETY OFFICER

Official Particulars

Name (both in English and Chinese)

Date of Birth Nationality H.K. Identity Card or
Passport No.
Residential Address Tel. No.
Office or Correspondence Address Tel. No.

Occupation Name and Address of Employer

Education (in chronological order)

Schools, Colleges, Universities Class Completed Date
(Month/Year)

Academic Attainment or Professional Qualifications (in chronological order)

Issuing Authority Qualification
(e.g. Examination Authority, (e.g. Degree, Date
University, or Professional Diploma or (Month/Year)
Institution) Certificate)

Working ExperiencelEmployment Record
(experience relevant to the duties of safety officer)

Employer: Position Brief Description Date
Name and Address of Duties (Month/Year)

I hereby certify that the above particulars are true and correct. I understand
that if I wilfully give any false information I shall render myself liable to
cancellation of registration as a safety officer under the provisions of the aforesaid
regulations. I attach a photograph of myself.

Signature ..
.................................................

Date:........................................................

1986




FORM 2 [reg. 15(2).]

FACTORIES AND INDUSTRIAL UNDERTAKINGS
(SAFETY OFFICERS AND SAFETY SUPERVISORS)
REGULATIONS

MONTHLY REPORT TO BE PREPARED BY SAFETY OFFICER
EMPLOYED AT CONSTRUCTION SITES

Name of Safety Officer: ........Total Work Force:
Name of Proprietor:
......................Number of Safety
Name of Company: .....Supervisors:
Number of Construction
Sites: ...............Month:

Type of work Occasion Location Action

Site visits:

(a) Superstructure

(b) Civil engineering

(c) Others

Investigations:

(a) Fatal accidents

(b) Non-fatal accidents

(c) Dangerous occurrences

(fire, collapse of cranes etc.)

(d) Occupational diseases

(e) Complaints

Training:

(a) Seminars

(b) Lectures

(c) Group discussions

Distribution of Pubticity:

(a) Safety posters

(b) Pamphlets

(c) Circulations





Type of work Occasion Location Action

Safely Promotion:
(a) Safety campaign
(b) Competition
(c) Others

Safety management:
(a) Meeting with management
(b) Meeting with site staff
(c) Meeting with sub-contractors
(d) Meeting with Government agencies
(e) Others

Accident Statistics:
(a) Fatal accidents
(b) Non-fatal accidents

Recommendations:

Signature: .................................................
Safely Officer

Date: ........................................................

1 discussed this report with the safety
officer on .................................................

Signature: .................................................

Proprietor

1986
1986




FORM 3 [reg- 17(2).]

FACTORIES AND INDUSTRIAL UNDERTAKINGS
(SAFETY OFFICERS AND SAFETY SUPERVISORS
REGULATIONS

WEEKLY REPORT TO BE PREPARED BY SAFETY SUPERVISOR
EMPLOYED AT CONSTRUCTION SITES

Name of Safety Supervisor: ...............

Name of Safety Officer:
..............................................................................................
Name of Proprietor:
.................................................................................................
..

Name of Company: .....

Construction Site: .............................
.......................................

Number of Workers:
............................................

For week between ........................... and .............

General Safety Check
G-- Good; S--Satisfactory; Sun Mon Tue Wed Thurs Fri Sat
P--Poor

Work at Height
Scaffolding
Working platforms
Floor edgeslopenings
Lift shafts/openings
Others
Earthwork
Excavation
Trenches
Caissons
Tunnels
Slopes
Others
Lifting Appliances
Cranes (Tower Cranes, Gantry
Cranes, Mobile Cranes)
Passenger hoist
Material or skip hoist
Suspended scaffold
Boatswain's chair
Others





General Safety Cheek
G=Good; S=Satisfactory; Sun Mon Tue Wed Thurs Fri Sat

P= Poor
Electrical
Switches
Wirings
Fixed installation
Portable lighting
Portable tool
Welding machine
Others
Fire Prevention
Fire fighting appliances
Means of escape
Dangerous goods store
Gas welding cylinders
Others
Health
Dust control
Noise control
Protection from dangerous
substances
First aid equipment
Washing facility
Latrine
Canteen
Others
Machinery
Woodworking machine
Hoistway
Abrasive wheel
Power press
Others
General
House keeping
Safety nets and fans
Stacking of material
Passageway
Lighting
Ventilation
Others





General Safety Cheek

G=Good; S=Satisfactory; Sun Mon Tue Wed Thurs Fri Sat
P= Poor

Provision of Personal Protection
Helmet
Eye protector
Ear protector
Respirator
Safety belts
Gloves
Safety shoes
Others
Recommendations:

Signature: .................................................

Safety Supervisor

Date: ....................................

I discussed this report with the safety

supervisor on ...........................................

Signature: .................................................

Proprietor/Safety Officer
1986

1986
1986 L.N. 256/86. L.N. 280/86. Citation and commencement. Interpretation. Application. First Schedule. Safety Officer Advisory Committee. Qualifications for registration as safety officer. Second Schedule. Third Schedule. Register of safety officers. Application for and registration as safety officer. Fifth Schedule, Form 1. Commissioner to serve notice of decision on applicant. Cancellation of registration. Suspension of registration. Notice of cancellation or suspension of registration. Appeals to Secretary for Education and Manpower. Publication of cancellation or suspension of registration. Employment of safety officer. Fourth Schedule. Duties of safety officer. Fifth Schedule, Form 2. Employment of safety supervisor. Fourth Schedule. Duties of safety supervisor. Fifth Schedule, Form 3. Replacement of safety supervisor. Facilities to be provided by proprietor. Action to be taken on reports. Production of reports to Commissioner. Offences by proprietor and penalties for offences.

Abstract

L.N. 256/86. L.N. 280/86. Citation and commencement. Interpretation. Application. First Schedule. Safety Officer Advisory Committee. Qualifications for registration as safety officer. Second Schedule. Third Schedule. Register of safety officers. Application for and registration as safety officer. Fifth Schedule, Form 1. Commissioner to serve notice of decision on applicant. Cancellation of registration. Suspension of registration. Notice of cancellation or suspension of registration. Appeals to Secretary for Education and Manpower. Publication of cancellation or suspension of registration. Employment of safety officer. Fourth Schedule. Duties of safety officer. Fifth Schedule, Form 2. Employment of safety supervisor. Fourth Schedule. Duties of safety supervisor. Fifth Schedule, Form 3. Replacement of safety supervisor. Facilities to be provided by proprietor. Action to be taken on reports. Production of reports to Commissioner. Offences by proprietor and penalties for offences.

Identifier

https://oelawhk.lib.hku.hk/items/show/2351

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

24
]]>
Tue, 23 Aug 2011 18:06:08 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2350

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS)
SPECIAL REGULATIONS

ARRANGEMENT OF REGULATION

Regulation...................................

PART 1

PRELIMINARY

1. Citation................................... ... ... . ... ... X 3

2. Interpretation ............................ ... ... ... ... ... ... ... X 3
3. Notification .............................. ... ... ... ... ... ... X 3

PART 11

EXHAUST VENTILATION AND PROTECTIVE EQUIPMENT

4. Exhaust ventilation ....................... ... ... ... ... ... ... ... X 3

5. Offences in respect of exhaust ventilation ... ... ... ... ... ... ... X 4

6. Defence to a charge under regulation 5 .... ... ... ... ... ... ... ... X 4

PART Ill

CLEANLINESS OF PLANT AND PREMISES

7. Duty to keep plant and premises clean ..... ... ... ... ... ... ... ... X 4

8. Method of cleaning ........................ ... ... ... ... ... ... ... X 5

9. Offence in respect of cleaning ............ ... ... ... ... ... ... ... X 5

10........................Defence to a charge under regulation 9(2) ... ... ... ... ... ... ... X 5

11. Maintenance and cleanliness of vacuum cleaning equipment ... ... ... ... X 5

PARTIV

RESPIRATORY PROTECTIVE EQUIPMENT AND
PROTECTIVE CLOTHING

12. Notification of approval of respiratory protective equipment ... ... ... ... X 5

13. Requirements relating to use of respiratory protective equipment ... ... ... X 6

14..........................Accommodation for protective clothing, etc. ... ... ... ... ... ... X 6

15...................................Offence in respect of the use of equipment or provision of facilities ... ... X 6

PART V

C

STORAGE AND DISTRIBUTION

16........Storage ............................ ... ... ... ... ... ... ... ... X 7
17........Distribution ....................... ... ... ... ... ... X 7

18...............Marking of receptacles ...... ... ... ... ... X 7

19. Offences in respect of storage, distribution and marking of receptacles ... ... X 7











Regulation PART VI Page

MISCELLANEOU
S

20. Employment of young persons ... ... ... ... ... ... ... ... ... ... X 7
21. Medical examinations ... ... ... ... ... ... ... ... ... ... ... ... X 7
22. Prohibition against spraying asbestos and the use of crocidolite and amosite ... X 8
23. Offences in respect of regulations 3, 11, 20, 21, 22 and 24 ... ... ... ... ... X 8
24. Transitional provisions ... ... ... ... ... ... ... ... ... ... ... ... X 8





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(ASBESTOS) SPECIAL REGULATIONS

(Cap. 59, section 7(2) and (5))

[1 August 1986.]

PART I

PRELIMINARY

1. These regulations may be cited as the Factories and Industrial
Undertakings (Asbestos) Special Regulations.

2. (1) In these regulations, unless the context otherwise
requires-

'asbestos' means any of the minerals crocidolite, amosite chrysolite, fibrous
actinolite, fibrous anthophyllite fibrous termo- and any substance
containing such minerals;

'asbestos process' means any process involving asbestos or any article
composed wholly or partly of asbestos;

'maintained' means maintained in efficient working order and good repair;

'protective clothing' means clothing which when worn is impervious to
asbestos dust;

'respiratory protective equipment' means respiratory protective equipment
that complies with Part TV.

(2) References in these regulations to asbestos dust are references to dust
consisting of or containing asbestos to an extent likely to cause injury to the
health of any person employed in an industrial undertaking.

3. Before a proprietor of an industrial undertaking first begins after the
commencement of these regulations to use an asbestos process he shall give not
less than 28 days' written notice, or such shorter notice as the Commissioner
may agree to accept, of the date on which and of the address at which he will
begin to do so.

PART II

EXHAUST VENTILATION AND PROTECTIVE
EQUIPMENT

4. (1) A proprietor of an industrial undertaking shall not use any asbestos
process unless in connexion with the use of that process he provides, maintains
and uses equipment which produces an exhaust draught which prevents the
entry of asbestos dust into the air.





(2) The equipment mentioned in paragraph (1) shall, while
any work of maintenance or repair to any machinery, apparatus or
other plant or equipment used for the purpose of an asbestos process
is being carried on, be used to produce an exhaust draught which
prevents the entry of asbestos dust into the air.
(3) Nothing in this regulation shall relieve any person from
any obligation imposed upon him by the Air Pollution Control
Ordinance.

5. (1) A proprietor of an industrial undertaking who uses an
asbestos process and fails to comply with regulation 4(1) commits
an offence and is liable to a fine of $30,000.
(2) A proprietor of an industrial undertaking who uses an
asbestos process and fails to comply with regulation 4(2) commits
an offence and is liable to a fine of $30,000.

6. (1) It shall be a defence to a charge under regulation 5(1)
to prove that the asbestos process was used in such a manner as to be
as safe as it would have been if regulation 4(1) had been complied
with.
(2) It shall be a defence to a charge under regulation 5(1) or (2)
to prove that-
(a)it was impracticable to comply with regulation 4(1) or (2)
as the case may be;
(b)there had been provided and maintained for the use of each
person employed in connexion with the asbestos process
and in any place into which asbestos dust from that
asbestos process was liable to escape-
(i) respiratory protective equipment; and
(ii) protective clothing; and
(c)that equipment and clothing were used by the persons
referred to in sub-paragraph (b).

PART 111

CLEANLINESS OF PLANT AND PREMISES

7. A proprietor of an industrial undertaking who uses an
asbestos process shall ensure that all-
(a)machinery, apparatus, work benches and other plant and
equipment used in that asbestos process;
(b)external surfaces of any exhaust ventilation equipment
provided under regulation 4; and
(c)floors, inside walls, ceilings, ledges and other internal
surfaces of any part of a building in which that asbestos
process is used or into which asbestos dust from the use of
that asbestos process is liable to escape,
are kept in a clean state and free from asbestos waste and dust.





8. The cleaning required by regulation 7 shall be carried out

(a) by means of vacuum cleaning equipment; or

(b) by such other method,

so designed, constructed and used that asbestos dust neither escapes,
nor is discharged, into the air.

9. (1) A proprietor of an industrial undertaking who uses an
asbestos process and fails to comply with regulation 7 commits an
offence and is liable to a fine of $20,000.

(2) A proprietor of an industrial undertaking who uses an asbestos
process and carries out the cleaning required by regulation 7 otherwise
than in accordance with regulation 8 commits an offence and is liable to
a fine of $20,000.

10. It shall be a defence to a charge under regulation 9(2) to prove
that

(a)it was impracticable to use either of the methods of cleaning
mentioned in regulation 8; and

(b) during the cleaning required by regulation 7-

(i) respiratory protective equipment and protective clothing
had been provided for the use of, and were used by, every
person present and likely to be affected while such cleaning
was being carried out; and

(ii) any surface on which asbestos waste or dust was
deposited as a result of the carrying out of the cleaning, not
being a surface of the cleaning equipment used, was cleaned
forthwith.

11. A proprietor of an industrial undertaking who uses an asbestos
process shall ensure that any vacuum cleaning equipment used for the
cleaning required by regulation 7 is maintained and that all its external
surfaces are kept in a clean state and free from asbestos waste and dust.

PART IV

RESPIRATORY PROTECTIVE EQUIPMENt AND
PROTECTIVE CLOTHING

12. The Commissioner for Labour may for the purposes of these
regulations approve any type of respiratory protective equipment and
may notify his approval by notification published in the Gazette.





13. No proprietor of an industrial undertaking who uses an asbestos
process shall

(a)provide respiratory protective equipment for the use of any person
which has been used by another person, unless it has first been
thoroughly cleaned and disinfected; or

(b)employ any person to perform any work for which respiratory
protective equipment is required to be provided unless that person
has been fully instructed in the proper use of that equipment.

14. Where a proprietor of an industrial undertaking who uses an asbestos
process provides respiratory protective equipment or protective clothing as
required by these regulations he shall

(a)provide and maintain suitable accommodation, in a position
conveniently accessible to the place where the asbestos process is
used

(i) for the use of persons putting on or taking off that respiratory
protective equipment or protective clothing; and

(ii) for the storage of the equipment and clothing when it is not in
use;

(b)ensure that respiratory protective equipment and protective clothing
is put on or taken off only in the accommodation provided under
paragraph (a)(i);

(c)ensure that, except when it is necessary for it to be removed for
cleaning or replacement, respiratory protective equipment and
protective clothing provided by him is, when not being used, kept in
the accommodation provided under paragraph (a)(ii);

(d)ensure that protective clothing provided for the use of any person is
not used by any other person;

(e)provide and maintain suitable facilities for the cleaning of protective
clothing; and

ensure that all protective clothing provided under these regulations is
cleaned after each occasion when it is used, in facilities provided
under paragraph (e).

15. (1) A proprietor of an industrial undertaking who uses an asbestos
process and fails to comply with any of the provisions of regulation 13 or 14
commits an offence and is liable to a fine of $20,000.

(2) It shall be a defence to a charge under this regulation alleging a failure to
comply with paragraph (d) of regulation 14 to prove that it was impracticable
to comply with that paragraph.





PART V

STORAGE AND DISTRIBUTION

16. All loose asbestos shall, when not in use in an asbestos
process, be kept in a closed receptacle which prevents the escape of
asbestos dust therefrom.

17. No loose asbestos or asbestos waste shall be-

(a)received at or despatched from any place except in a
receptacle which is closed in a manner which prevents the
escape of asbestos dust therefrom;

(b)distributed within a place except in a receptacle of the type
referred to in paragraph (a) or in a system of conveyance
which is enclosed in a manner which prevents the escape of
asbestos dust therefrom.

18. A receptacle of the type referred to in regulation 17(a) which
contains loose asbestos or asbestos waste shall bear on its outside face
in a conspicuous place a clear and bold notice in the following form

'DANGER-ASBESTOS
DO NOT INHALE DUST'

19. A proprietor of the industrial undertaking who uses an asbestos
process and fails to comply with regulation 16, 17 or 18 commits an
offence and is liable to a fine of 530,000.

PART VI

MISCELLANEOUS

20. No proprietor of an industrial undertaking shall employ any
young person

(a) in an asbestos process;

(b)in carrying out any cleaning in connexion with an asbestos
process.

21. (1) No proprietor of an industrial undertaking shall employ any
person in an asbestos process unless that person, within the 4 months
immediately preceding the commencement of such employment, has
undergone a radiographic examination of his chest and is certified upon
examination by a registered medical practitioner to be fit to do such
work.





(2) A proprietor of an industrial undertaking shall ensure that at intervals
of not more than 12 months every person employed by him in an asbestos
process

(a) undergoes a radiographic examination of his chest; and

(b)is certified upon examination by a registered medical practitioner to
be fit to continue to do such work.

(3) All records of radiographic and medical examinations required by this
regulation shall be kept for 5 years by the proprietor of the industrial
undertaking and shall be made available for inspection by the Commissioner
when requested by him.

(4) Every person employed or to be employed in any asbestos process
used by the proprietor of an industrial undertaking shall, within a reasonable
time after being so requested by that proprietor, present himself to a registered
medical practitioner for the medical examination referred to in paragraph (1) or
(2).

(5) The cost of any radiographic and medical examination undergone by
any person under this regulation shall be borne by the proprietor of the
industrial undertaking.

22. No proprietor of an industrial undertaking shall-

(a)employ, permit or cause any person to spray any material containing
asbestos or asbestos dust; or

(b)use crocidolite, amosite or any substance containing either of those
minerals in any process.

23. (1) Any person who fails to comply with-

(a)regulation 3 or 24 commits an offence and is liable to a fine of
$10,000;

(b)regulation 11, 20 or 21(1), (2) or (3) commits an offence and is liable
to a fine of $20,000; or

(c)regulation 22 commits an offence and is liable to a fine of $30,000.

(2) It shall be a defence to a charge under this regulation
alleging the use in any process of crocidolite, amosite or any sub-
stance containing crocidolite or amosite in contravention of regula-
tion 22 to prove that the person charged did not know that crocidolite
or amosite 1 was present in the process in question and could not by
taking reasonable steps have discovered that it was present.



(3) It shall be a defence to a charge under this regulation alleging a failure to
comply with regulation 3, 11, 20, 21(1), (2) or (3) or 24 to prove that no
asbestos dust could be given off from or by the asbestos process used.

1 24. Within 14 days of the commencement of these regulations a proprietor of
an industrial undertaking who at such commencement is using an asbestos
process shall give written notice to the Commissioner that he is doing so and of
the address at which he is doing so.
L.N. 35/86. L.N. 160/86. Citation. Interpretation. Notification. Exhaust ventilation. (Cap. 311.) Offences in respect of exhaust ventilation. Defence to a charge under regulation 5. Duty to keep plant and premises clean. Method of cleaning. Offence in respect of cleaning. Defence to a charge under regulation 9(2). Maintenance and cleanliness of vacuum cleaning equipment. Notification of approval of respiratory protective equipment. Requirements relating to use of respiratory protective equipment. Accommodation for protective clothing, etc. Offence in respect of the use of equipment or provision of facilities. Storage. Distribution. Marking of receptacles. Offences in respect of storage, distribution and marking of receptacles. Employment of young persons. Medical examinations. Prohibition against spraying asbestos and the use of crocidolite and amosite. Offences in respect of regulations 3, 11, 20, 21, 22 and 24. Transitional provisions.

Abstract

L.N. 35/86. L.N. 160/86. Citation. Interpretation. Notification. Exhaust ventilation. (Cap. 311.) Offences in respect of exhaust ventilation. Defence to a charge under regulation 5. Duty to keep plant and premises clean. Method of cleaning. Offence in respect of cleaning. Defence to a charge under regulation 9(2). Maintenance and cleanliness of vacuum cleaning equipment. Notification of approval of respiratory protective equipment. Requirements relating to use of respiratory protective equipment. Accommodation for protective clothing, etc. Offence in respect of the use of equipment or provision of facilities. Storage. Distribution. Marking of receptacles. Offences in respect of storage, distribution and marking of receptacles. Employment of young persons. Medical examinations. Prohibition against spraying asbestos and the use of crocidolite and amosite. Offences in respect of regulations 3, 11, 20, 21, 22 and 24. Transitional provisions.

Identifier

https://oelawhk.lib.hku.hk/items/show/2350

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:06:08 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (ELECTRICITY) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2349

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (ELECTRICITY) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(ELECTRICITY) REGULATIONS


J 8

ARRANGEMENT OF REGULATIONS

Regulation .................................. Page

PART 1

PRELIMINARY

1. Citation............................... ... ... ... ... ... ... ... ... W3

2. Interpretation................... ... ... ... ... ... ... ... ... ... W 3
3. Application...................... ... ... .. 1 ... ... ... ... ... W5

4. Modification of requirements by Commissioner ... ... ... ... ... W6

PART 11

GENERAL SAFETY REQUIREMENTS

5. Construction and usage of apparatus ...... ... ... ... ... ... ... ... W 6
6. Insulation and protection of conductors ... ... ... ... ... ... ... W 7

PART 111

SWITCHES, CONDUCTORS AND ELECTRIC MOTORS

7. Construction of switches, circuit breakers etc . ... ... ... ... W 7

8. Protection of circuits by fuses and circuit breakers ... ... ... ... ... W 7

9. Construction of joints and connexions .... ... ... ... ... ... ... ... W 7
10. Isolation of voltage from parts of a system ... ... ... ... ... ... ... W
7

11. Use of single-pole switches with one conductor earthed ... ... ... ... W 8

12. Means of isolating voltage in special circumstances ... ... ... ... ... W 8

13. Starting and stopping of electric motors ... ... ... ... ... ... ... W 8

14. Connexion and earthing of portable apparatus exceeding extra low voltage ... W 8

PART IV

SWITCHBOARDS AND SWITCHBOARD APPARATUS

is. Construction of switchboards ............. ... ... ... ... ... ... ... W 8

16. Enclosure of bare conductors on switchboards ... ... ... ... ... ... W 9

17. Location of switchboard apparatus ..... ... ... ... ... ... ... ... W 9

18. Precautions to be taken against metal becoming live ... ... ... ... ... W 9

19. Precautions to be taken when persons are working on apparatus W 10

PART V

PROTECTIVE EQUIPMENT, LIGHTING AND SPECIAL RISKS







20. Provision of protective stands or screens ... ... ... ... ... W10

21. Provision and use of protective stands, screens, boots and gloves ... ... W10

22. Provision of access to and working space for apparatus ... ... ... ... ... W 10





Regulation Page
23. Lighting of apparatus ... ... ... ... ... ... ... ... ... ... W 10

24....................Precautions for special conditions ... ... ... ... ... ... ... ... ... W10

25..........................Precaution for apparatus utilizing high voltage ... ... ... ... ... ... W 11

26.................................Qualifications and supervision of persons carrying out work ... ... ... W 11

27..........................Display of notice on treatment for electric shock ... ... ... ... ... ... W 11

PART VI

SUBSTATIONS

28. Construction of substations ... ... ... ... ... ... ... ... ... W 11
29. Control of and on entry to substations ... ... ... ... ... ... ... W 11
30. Safe access to underground substations ... ... ... ... . ... ... ... W 12

PART VII

DUTIES OFFENCES AND
PENALTIES

31. Duties of and offences relating to proprietors and electrical contractors ... ... W 12
32. Offences relating to misuse of apparatus etc. ... ... ... ... ... ... W 12
33. Saying ... ... ... ... ... ... ... . ... ... ... ... ... W 13





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(ELECTRICITY) REGULATIONS

(Cap. 59, section 7)

[1 December 1982.1

PART I

PRELIMINARY

1. These regulations may be cited as the Factories and
Industrial Undertakings (Electricity) Regulations.

2. In these regulations, unless the context otherwise requires-
'apparatus' includes all electrical apparatus and any apparatus,
machines or fittings in which conductors are used;
'authorized person' means a person who is either-
(a) the proprietor; or
(b)an electrical contractor for the time being under contract
with the proprietor; or
(c)a person appointed in writing by a proprietor or an
electrical contractor, as the case may be, for all or any of
the purposes of regulation 16(2), 26 or 29(2);
'bare'' means not covered by insulating material;
'circuit- means an arrangement of conductors forming an electrical
system or branch of an electrical system for the purpose of
carrying electricity;
'competent person' means a person who is-
(a)by reason of his qualifications, technical knowledge, train-
ing or practical experience able to perform any assigned
duty or work in a manner sufficient to avoid electrical
hazard; and
(b)appointed in writing by an authorized person for all or any
of the purposes of regulation 16(2), 26 or 29(2);
'conductor' means any wire, cable, bar or tube used for conducting
electricity;
'covered' in relation to insulating material, means sufficiently
covered with insulating material so as to prevent electrical
hazard;
'dead' means at or about zero voltage and disconnected from any
live electrical system;
'&earthed' means connected to the general mass of the earth in such
manner as will ensure at all times an immediate discharge of
electrical energy without causing electrical hazard;





'electrical contractor' means any person or firm engaged in carrying out
electrical work by way of trade or business, either on his own
account or pursuant to a contract or arrangement entered into with
another person, including the Crown or any public body;

'electrical hazard' means danger to health, life or property from electric
fire or electric shock;

'extra-low voltage' means any voltage not exceeding 50 volts
alternating current or 120 volts direct current whether between
conductors or to earth;

'high voltage' means any voltage normally exceeding low voltage;

'insulated' and 'insulating' in relation to any apparatus, device,
protective equipment or fitting means made of or covered with a
non-conducting material of such design and construction so that it
is normally impossible when the apparatus, device, protective
equipment or fitting is in use for any person to make accidental or
unintentional contact with any live metal or metal liable to become
five;

live means charged with electricity so that a voltage exists between a
conductor and another conductor or a conductor and earth;

'low voltage' means any voltage normally exceeding extra low voltage
but not exceeding 1000 volts alternating current or 1 500 volts
direct current between conductors or 600 volts alternating current
or 900 volts direct current between conductors and earth;

'protective equipment' includes any insulating stands, screens,
portable or otherwise, mats and covers and insulating boots,
gloves or other protective equipment provided and maintained
under regulation 20 or 21(1), as the case may be;

'substation' means any building, structure or enclosure, either above or
below ground, containing transforming or converting apparatus in
which electrical energy is transformed or converted to or from
voltage exceeding low voltage otherwise than for the purpose of
working instruments, relays or similar auxiliary apparatus, where
such building, structure or enclosure has sufficient space to permit
a person to enter;

'switchboard' means a panel or structure on which is located any
switching equipment or other apparatus used in or in connexion
with the control of current or voltage in an electrical system;

',system' means an electrical system in which all the conductors and
apparatus used in or in connexion with the electrical system are
connected to a common source of electrical energy; and

,,voltage' means the difference of electrical potential between
conductors or between a conductor and the earth.





3. (1) Subject to paragraphs (2) and (3), these regulations shall
apply to all industrial undertakings in which electricity is generated,
transformed, distributed or used.

(2) These regulations shall not apply to an industrial undertaking
where the generation, transformation and transmission of electricity or
motive power of any kind is carried on--

(a)for the purpose of supplying electricity in accordance with
the Electricity Supply Ordinance;

(b)for the purpose of moving railway locomotives, trains, rolling
stock and vessels which are used for the traffic of the railway
under the authority of the Kowloon-Canton Railway
Oridnance;

(c)for the purpose of moving cars or trucks upon a tramway
under the authority of the Tramway Ordinance;

(d)for the purpose of drawing or propelling carriages, cars or
trucks upon a tramway under the authority of the Peak
Tramway Ordinance; or

(e)for the purpose of running locomotives, trains, carriages,
trucks or any other conveyance upon a railway under the
authority of the Mass Transit Railway Corporation Ordinance.

(3) The following regulations shall not apply in respect of electrical
apparatus in an industrial undertaking where the voltage of such
apparatus does not exceed extra low voltage

(a)regulation 6, which relates to the insulation and protection of
conductors;

(b)regulation 7, which relates to the construction of switches,
circuit breakers, fuse-switches and isolating links;

(c)regulation 10, which relates to the isolation of voltage from
parts of a system;

(d)regulation 11, which relates to the use of single-pole switches
with one conductor earthed;

(e)regulation 12, which relates to the means of isolating voltage
in special circumstances;

(f)regulation 16, which relates to the enclosure of bare
conductors on switchboards;

(g)regulation 17, which relates to the location of switchboard
apparatus;

(h)regulation 18, which relates to the precautions to be taken
against metal becoming live;

(i)regulation 19, which relates to the precautions to be taken
when persons are working on apparatus;





(j)regulation 20, which relates to the provision, supply and use
of fixed isulating stands and screens;

(k)regulation 21, which relates to the provision, supply and use
of portable insulating stands, screens, boots and gloves;

(1)regulation 22, which relates to the provision of working space
for and means of access to apparatus;

(m) regulation 23, which relates to the lighting of apparatus;

(n)regulation 26, which relates to the carrying out of work
requiring technical knowledge or practical experience, by
authorized or competent persons;

(o)regulation 27, which relates to the display of a notice advising
the standard treatment for persons receiving electric shock;

(p)regulation 28, which relates to the construction of
substations; and

(q)regulation 29, which relates to the control of and the
restrictions on entry to substations.

4. (1) Where the Commissioner is satisfied that strict compliance
with all or any of these regulations is, in any particular circumstances,
not necessary for the prevention of electrical hazard, he may, by
certificate in writing under his hand, modify any such requirements if he
is satisfied that reasonable freedom from electrical hazard can otherwise
be secured or that no increase in electrical hazard will result.

(2) In granting such modification the Commissioner shall specify
any special work or requirement he considers necessary to ensure
reasonable freedom from electrical hazard.

(3) The Commissioner may, by certificate in writing under his hand,
rescind any modification if he is satisfied that the electrical hazard has
thereby been unduly increased.

PART II

GENERAL SAFETY REQUIREMENTS

5. (1) All apparatus and conductors shall be sufficient in size and
capacity for the work they are called upon to do and for the purposes
for which the supply of electrical energy is to be used and shall be
constructed, installed, protected and maintained so as to prevent
electrical hazard.

(2) All live parts of apparatus shall be protected against accidental
personal contact either by the design and construction of the apparatus
or by the manner of its installation.





6. All live conductors, including those forming part of apparatus,
shall be so insulated and further effectively protected where necessary,
or so placed and safeguarded, so as to prevent electrical hazard so far
as reasonably practicable.

PART III

SWITCHES, CONDUCTORS AND ELECTRIC
MOTORS

7. Every switch, switch fuse, circuit breaker and isolating link shall
be

(a)constructed, placed and protected so as to prevent electrical
hazard;

(b)constructed and adjusted accurately so as to make and
maintain effectual contact;

(c)provided with a handle or other suitable means of working,
insulated from the system and arranged so that the person
operating it is unlikely to make accidental contact with live
metal;

(d)constructed and installed in such manner so that when in an
'off position it cannot accidentally make contact with live
metal;

(e)constructed and installed in such manner so that it cannot
with proper care be left in partial contact with live metal; and

constructed and installed in such manner as may be necessary
to prevent electrical hazard from arcing and so that an arc
cannot accidentally be maintained.

8. (1) Every circuit shall be protected against excess current and
energy by means of a suitable fuse or circuit breaker of adequate
breaking capacity suitably located and of such construction as to
prevent electrical hazard from overheating, arcing, or the scattering of
hot metal or other substance when it comes into operation.

(2) Every fuse and circuit breaker shall be capable of breaking the
maximum prospective excess current or energy at the point of
installation and every switch intended to be used for breaking under
load shall be capable of breaking the load at the point of installation
without causing electrical hazard.

(3) Every fuse shall be either constructed and installed in such
manner or protected by a suitable switch so as to permit the ready
renewal of the fuse element without electrical hazard.

9. Every electrical joint and connexion shall be of proper
construction and design as regards conductivity, insulation, mechanical
strength and protection.

10. Such efficient means, suitably located, shall be provided for
cutting off and isolating all voltage from every part of a system as may
be necessary to prevent electrical hazard.





11. In a system where one of the conductors is connected to earth,
no single-pole switch shall be placed in that conductor or any branch
thereof, other than a link for testing purposes or a switch for use in
controlling a generator.

12. (1) Subject to paragraph (2), such efficient means, suitably
located, shall be provided for cutting off and isolating all voltage from
every motor, converter and transformer forming part of a system and all
apparatus used in or in connexion therewith.

(2) It shall not be necessary to comply with paragraph (1) in the
case of a conductor in a system if that conductor is earthed.

13. (1) Every electric motor shall be controlled by an effective
switch or switches for starting and stopping, and the switch or switches
shall be so placed as to be readily accessible to and easily operated by
the person in charge of the motor.

(2) Where a machine is used and driven by an electric motor, such
efficient means, suitably located, shall be provided for either stopping
the machine or switching off the electric motor as may be necessary to
prevent electrical hazard or other danger.

(3) Every electric motor shall be equipped with such efficient means
so that when stoppage occurs by reason of a fluctuation in voltage or
failure in supply of electricity the motor will not restart automatically in
circumstances whereby unexpected restarting is likely to cause electrical
hazard or other danger.

14. Portable apparatus operating at a voltage exceeding extra low
voltage shall

(a)have all its flexible wires connected to the system either by
effective permanent joints or by properly constructed
connectors;

(b)be protected against leakage to earth of current liable to cause
electrical hazard;

(c)be controlled by efficient means suitably located so as to
permit ready operation for cutting off all voltage.

PARTIV

SWITCHBOARDS AND SWITCHBOARD
APPARATUS

15. Every switchboard shall be constructed and installed so that so
far as reasonbly practicable

(a)adequate access can be obtained to any component part
which may have to be adjusted or handled;

(b)the location, course and continuity of every conductor may
where necessary be readily identified and traced;





(c)every conductor arranged for connexion to a separate system
is located and kept apart and may where necessary be readily
distinguished; and

(d)every bare conductor is protected against accidental short
circuit liable to cause electrical hazard.

16. (1) Subject to paragraph (2) every switchboard having a bare
conductor liable to become live and normally exposed so that it is
possible for a person to make accidental contact with live metal shall be
adequately enclosed or fenced so as to prevent electrical hazard.

(2) Paragraph (1) shall not apply in the case of a switchboard
having a bare conductor installed to serve any particular purpose of the
industrial undertaking and so situated as to be accessible only to an
authorized person or a competent person acting under the immediate
supervision of an authorized person.

(3) No person except an authorized person or a competent person
acting under the immediate supervision of an authorized person shall
enter an area enclosed or fenced under paragraph (1).

(4) A notice in red characters and letters each not less than 50 mm
high on a white background reading Q_ R W-

V~ DANGER LIVE WIRES-UNAUTHORIZED ENTRY
PROHIBITED' shall be placed and displayed in a visible position at
every area enclosed or fenced under paragraph (1).

17. All apparatus and equipment used in or in connexion with a
switchboard and requiring handling shall be located and installed so
that as far as is reasonably practicable

(a)such apparatus and equipment can be readily operated from
floor level or from a working platform provided for that
purpose;

(b)all measuring instruments and indicators used in or in
connexion therewith can be readily observed from floor level
or from the working platform;

(c)any such apparatus, equipment, measuring instrument or
indicator that cannot be readily operated or observed from
floor level or from a working platform, can be otherwise
operated or observed without electrical hazard.

18. Where necessary to prevent electrical hazard adequate
precautions shall be taken either by earthing or other suitable means to
prevent any metalwork, other than the current-carrying conductors,
enclosing or supporting any such conductors, from becoming live.





19. (1) When work has to be carried out on any conductor,
apparatus or switchboard adequate precautions shall be taken,
including the prevention of any conductor or apparatus becoming
accidentally live, so as to ensure that the work may be carried without
undue risk from electrical hazard.

(2) A notice in red characters and letters each not less than 50 mm
high on a white background reading
'DANGER UNDER REPAIR' shall be placed and displayed in a visible
position at, on or near any conductor apparatus or switchboard being
worked on under paragraph (1).

PART V

PROTECTIVE EQUIPMENT LIGHTING AND SPECIAL RISKS

20. Where necessary as a protection against electrical hazard,
adequate insulating stands and screens or other protective equipment
shall be provided and maintained in good condition and kept
permanently in position.

21. (1) Portable insulating stands, screens, mats and covers and
insulating boots, gloves or other protective equipment shall be provided
and maintained in good condition for use where necessary as a
protection against electrical hazard.

(2) Every person working on apparatus shall make proper use of
any equipment provided under paragraph (1).

22. All apparatus which, in normal use, requires operation or
attention by any person shall be installed so that adequate access and
working space are afforded for its operation and attention, without
electrical hazard.

23. Where necessary as a precaution against electrical hazard,
adequate lighting shall be provided in all parts of the premises where
apparatus which, in normal use, requires operation or attention by any
person is installed.

24. All apparatus and conductors-

(a)exposed to weather, water. corrosive atmospheres or other
adverse conditions;

(b)exposed to flammable surroundings or explosive atmosphere;
or

(c)used in any process or for any special purpose other than for
lighting or power,

shall be so constructed. installed and protected as may in the
circumstances of such exposure or use be necessary to prevent
electrical hazard or other danger.





25. Where necessary as a precaution against electrical hazard
all apparatus operating at high voltage, shall have placed and
displayed in a visible position at, on or near such apparatus a notice
in red characters and letters each not less than 50 mm, high on
a white background reading ' DANGER HIGH
VOLTAGE'.

26. (1) Subject to paragraph (2) no person except an author-
ized person shall carry out or assist in the carrying out of any
work on any apparatus where technical or practical knowledge or
experience is required in order to avoid electrical hazard.
(2) Notwithstanding paragraph (1) a competent person under
the immediate supervision of an authorized person may carry out or
assist in such work if-
(a)in the case where the electrical hazard to be avoided
is under the control of an electrical contractor, he is
appointed by the electrical contractor; and
(b)in the case where the electrical hazard to be avoided is
under the control of the proprietor, he is appointed by the
proprietor.

27. Such notice, in the Chinese and English languages, as the
Commissioner may from time to- time issue or approve as to the
treatment of persons receiving electric shock shall be displayed in all
parts of the premises where electricity is generated, transformed, or
used and at such other places in those premises as the Commissioner
may direct.

PART VI

SUBSTATIONS

28. (1) Every substation shall be of proper construction and
design and all apparatus therein shall be so located, protected or
screened as to be inaccessible to all unauthorized persons and secure
against interference from outside the substation.
(2) Every substation shall be maintained in a dry condition
and provided with such efficient means of ventilation as may be
necessary to prevent electrical hazard.

29. (1) Every substation shall be under the charge and control
of an authorized person and any part thereof where electrical hazard
is liable to arise shall be restricted as regards entry so as to be
accessible only to an authorized person or to a competent person
acting under the immediate supervision of an authorized person.
(2) No person except an authorized person or a competent
person acting under the immediate supervision of an authorized
person shall enter any part of a substation restricted as regards entry
under paragraph (1).





(3) A notice in red characters and letters each not less than
50 mm high on a white background reading ' DANGER SUBSTATION-UNAUTHORIZED
ENTRY PROHIBITED' shall be placed and displayed in a visible
position at the entrance to every part of a substation restricted as
regards entry under paragraph (1).

30. (1) Subject to paragraph (2), every underground substation not
otherwise easily or readily accessible shall be provided with adequate
means of access by a door or trap door with a staircase or ladder
securely fixed and so placed so that no person can make accidental
contact with any live part of any switchboard or any bare conductor
therein.

(2) Where an underground substation-

(a)has persons employed therein otherwise than for inspection or
cleaning; or

(b)is not of ample dimensions and contains machinery driven by
electric motors or apparatus utilizing high voltage,

then access shall be provided by means of a doorway and a staircase.

PART VII

DUTIES, OFFENCES AND PENALTIES

31. (1) It shall be the duty of the proprietor of every industrial
undertaking to which these regulations apply to ensure that the
provisions of regulations 5, 6, 7, 8, 9, 10, 11, 12(1), 13, 14, 15, 16(1), 17, 18,
19, 20, 21(1), 22, 23, 24, 25, 26, 27, 28, 29(1) and 30(1) are complied with.

(2) If any such provision is contravened the proprietor of the
industrial undertaking where the contravention occurs commits an
offence and is liable to a fine of $30,000.

(3) Any proprietor or electrical contractor who orders, directs,
authorizes, permits or suffers any person to contravene regulation 16(3)
or 29(2) commits an offence and is liable to a fine of $30,000.

32. A person who-

(a)wilfully misuses or interferes with any apparatus or protective
equipment in a manner liable to cause electrical hazard to
himself or other persons; or

(b)wilfully and without reasonable cause does any other thing
liable to cause electrical hazard to himself or other persons; or

(c)contravenes any of the provisions of regulation 16(3), 21(2),
26 or 29(2),

commits an offence and is liable to a fine of $20,000.





33. The provisions of these regulations shall be in addition to and
not in derogation of the provisions of

(a)regulation 6(1)(a), (b), (c) and (d) of the Factories and
Industrial Undertakings (Cargo Handling) Regulations;

(b)regulation 47(1) of the Construction Sites (Safety)
Regulations;

(c) the Electricity Supply Ordinanee
L.N. 36/82. L.N. 357/82. Citation. Interpretation. Application. (Cap. 103.) (Cap. 99.) (Cap. 107.) (Cap. 265.) (Cap. 270.) Modification of requirements by Commissioner. Construction and usage of apparatus. Insulation and protection of conductors. Construction of switches, circuit breakers etc. Protection of circuits by fuses and circuit breakers. Construction of joints and connexions. Isolation of voltage from parts of a system. Use of single-pole switches with one conductor earthed. Means of isolating voltage in special circumstances. Starting and stopping of electric motors. Connexion and earthing of portable apparatus exceeding extra low voltage. Construction of switchboards. Enclosure of bare conductors on switchboards. Location of switchboard apparatus. Precautions to be taken against metal becoming live. Precautions to be taken when persons are working on apparatus. Provision of protective stands or screens. Provision and use of protective stands, screens, boots and gloves. Provision of access to and working space for apparatus. Lighting of apparatus. Precautions for special conditions. Precaution for apparatus utilizing high voltage. Qualifications and supervision of persons carrying out work. Display of notice on treatment for electric shock. Construction of substations. Control of and on entry to substations. Safe access to underground substations. Duties of and offences relating to proprietors and electrical contractors. Offences relating to misuse of apparatus etc. Saving. (Cap. 59, sub. leg) (Cap. 59, sub. leg) (Cap. 103.)

Abstract

L.N. 36/82. L.N. 357/82. Citation. Interpretation. Application. (Cap. 103.) (Cap. 99.) (Cap. 107.) (Cap. 265.) (Cap. 270.) Modification of requirements by Commissioner. Construction and usage of apparatus. Insulation and protection of conductors. Construction of switches, circuit breakers etc. Protection of circuits by fuses and circuit breakers. Construction of joints and connexions. Isolation of voltage from parts of a system. Use of single-pole switches with one conductor earthed. Means of isolating voltage in special circumstances. Starting and stopping of electric motors. Connexion and earthing of portable apparatus exceeding extra low voltage. Construction of switchboards. Enclosure of bare conductors on switchboards. Location of switchboard apparatus. Precautions to be taken against metal becoming live. Precautions to be taken when persons are working on apparatus. Provision of protective stands or screens. Provision and use of protective stands, screens, boots and gloves. Provision of access to and working space for apparatus. Lighting of apparatus. Precautions for special conditions. Precaution for apparatus utilizing high voltage. Qualifications and supervision of persons carrying out work. Display of notice on treatment for electric shock. Construction of substations. Control of and on entry to substations. Safe access to underground substations. Duties of and offences relating to proprietors and electrical contractors. Offences relating to misuse of apparatus etc. Saving. (Cap. 59, sub. leg) (Cap. 59, sub. leg) (Cap. 103.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2349

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

13
]]>
Tue, 23 Aug 2011 18:06:07 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (FIRE PRECAUTIONS IN NOTIFIABLE WORKPLACES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2348

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (FIRE PRECAUTIONS IN NOTIFIABLE WORKPLACES) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS (FIRE PRECAUTIONS

IN NOTIFIABLE WORKPLACES) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. Page

1.........Citation .......................... ... ... ... ... ... ... ... ... v 2
2.........Interpretation .................... ... ... ... ... ... ... ... ... ... V 2
3.........Application ....................... ... ... ... ... ... ... ... ... v 2
4.........Doors ... . ...................... ... ... ... ... ... ... ... ... It' 2

5..................Maintenance of fire escapes ... ... ... ... ... ... ... .. ... v 3

6...........Fire fighting ................ ... ... ... ... ... ... ... V 3

7.........Smoking . . ...................... ... ... ... ... ... ... ... V3

Alterations and additions .............. 1 . ... ... ... ... ... It' 4

9. Storage of inflammable substances ... .. 1 ... ... ... ... ... ... ... V
4

10............Sources of ignition ........... ... ... ... ... ... ... ... ... ... ... V 5

11...................Prevention of escape of vapours ... ... ... ... ... ... ... ... ... v 5

12............Naked flame . ................. ... ... ... ... ... ... ... .. V 5

13............................Power to require safety precautions. etc. .1. 11. 1 ... ... ... ... ... v 5

14. Offences.......................... ... ... ... ... ... ... ... ... ... V 6





FACTORIES AND INDUSTRIAL UNDERTAKINGS (FIRE
PRECAUTIONS IN NOTIFIABLE WORKPLACES)
REGULATIONS

(Cap. 59. section 7)

10 July 198 1.1

1. These regulations may be cited as the Factories and Industrial
Undertakings (Fire Precautions in Notifiable Workplaces) Regulations.

2. In these regulations unless the context otherwise requires

'Building Authority' means the Building Authority as defined in
section 2(1) of the Buildings Ordinance;

'inflammable substance- means any substance specified in Category 5
of the Schedule to the Dangerous Goods (Classification)
Regulations.

3. These regulations apply to every notifiable workplace.

4. (1) Every door leading out of a notifiable workplace shall

(a)be maintained in such condition that it can be readily opened
and closed at any time.,

(b) if it is a sliding door--

(i) be so designed as to be self-closing. by its own weight
or otherwise., or

(ii) be connected to a counterweight by means of a fusible
link which shall fuse at a temperature of not more than 68 C
thereby disconnecting the counterweight from the door so
that the door will close;

(c)if it is not a sliding door. be kept closed by means of a self-
closing mechanism which shall at all times be fully operational
and maintained in good working order;

(d)if it is made of metal, be of solid steel with an overall
thickness of not less than 3 mm; and

(c) if it is made of materials other than metal-

(i) conform to the standards laid down in Tables F and G of
the Third Schedule to the Building (Construction)
Regulations. or

(ii) be in accordance with the specifications shown in the
plan approved by the Building Authority under section 14(1)
of the Buildings Ordinance.





(2) Every door in a notifiable workplace, other than a sliding
door, shall be constructed to open outwards and shall not when
open reduce the effective width of any means of escape-

(a)from the workplace, if the door is a door leading out of the
workplace. or

(b)if the door is a door of a room in the workplace being a
room in which more than 10 persons are employed, from
the room.

(3) While any person employed in a notifiable workplace is
within the workplace, whether such person is working or not, the
doors, gates and shutters leading out of the workplace and the doors
of every room in the workplace in which any such person is. shall not
be locked or fastened in such a manner that they cannot be easily
and immediately opened from the inside.

(4) [Deleted, L.N. 2101851

5. (1) The proprietor of every notifiable workplace shall
maintain in good condition and free from obstruction every door-
way, stairway and passageway within the workplace which affords a
means of escape from the workplace in case of fire.

(2) No person shall wilfully alter, damage, obstruct or other-
wise impair any such doorway, stairway or passageway.

6. (1) The Commissioner may, by notice in writing, require
the proprietor of any notifiable workplace to provide and maintain
at that workplace, in addition to any fire service installation or
equipment already in that workplace, means for fighting fire appro-
priate to the size, type and nature of the undertaking being carried
on, which shall be so placed as to be readily available for use.

(2) The notice given tinder this regulation shall specify in
detail the means for fighting fire to be provided and maintained, and
the time within which the notice is to be complied with.

(3) The proprietor of a notifiable workplace shall, on being
served with a notice under this regulation, comply with the notice.

(4) No person shall wilfully alter, damage, obstruct or other-
wise impair any means for fighting fire provided in accordance with
this regulation.

(5) In this regulation 'maintain' means maintain in an
efficient state, in efficient working order and in good repair.

7. (1) An inspector may, by notice in writing, prohibit
smoking in any notifiable workplace, or in any part thereof, where
any inflammable substance or any other substance or article which
in his opinion involves danger from fire is present for the purposes of





or in connexion with, any industrial process or operation. and the
circumstances are such that smoking would give rise to a serious risk of
fire.

(2) No person shall smoke in any part of a notifiable workplace in
which smoking is prohibited under paragraph (1).

(3) The proprietor of a notifiable workplace in which smoking is
prohibited under paragraph (1) shall take all reasonable practicable steps
to ensure compliance with the prohibition and shall display in prominent
positions within the workplace sufficient number of notices bearing the
words and characters 'NO SMOKING in letters and characters not less
than 180 millimetres high.

(4) All notices displayed in accordance with paragraph (3) shall be
maintained in good condition by the proprietor.

8. (1) The proprietor of a notifiable workplace shall not carry out or
cause or permit to be carried out or suffer the continuance of any
alteration or addition to a notifiable workplace as it is shown on the
plans of the building approved by the Building Authority under Part 11
of the Buildings Ordinance

(a) that may create a serious risk of-
(i) the outbreak of fire;
(ii) the spread of fire, or
(iii) the spread of smoke from any fire; or

(b)that may obstruct free passageway to a means of escape from
the workplace in case of fire.

(2) [Deleted, L.N. 210185]

9. (1) The proprietor of a notifiable workplace in which any
inflammable substance is present for the purpose of. or in connexion
with, any industrial process or operation shall ensure that--

(a)subject to sub-paragraph (b), the inflammable substance is
stored in suitable closed containers and that the containers
are kept in a storeroom which is approved for that purpose by
the Director of Fire Services,

(b)in the case of any room in the workplace where the aggregate
quantity of inflammable substance stored does not exceed 35
litres, the inflammable substance is stored in suitable closed
containers and that the containers are kept in a cupboard or
bin constructed of suitable material. The cupboard or bin shall
be situated in a position where it is least likely that the
inflammable substance will catch fire.





(2) Every container. storeroom, cupboard and bin used for storing
an inflammable substance shall be clearly and boldly marked
'Inflammable Substance This requirement shall not apply to

(a)any suitable small closed container containing not more than
500 millilitres of inflammable substance; or

(b)any aerosol dispenser in which the amount of inflammable
substance contained is not in excess of either 45 per cent by
weight of the total contents or 250 grammes in weight.

(3) This regulation is in addition to and not in derogation of the
Dangerous Goods (General) Regulations.

10. (1) No naked flame or other means likely to Ignite vapour from
any inflammable substance shall be present in any notifiable workplace
where a dangerous concentration of vapours from an inflammable
substance may reasonably be expected to be present.

(2) In any notifiable workplace where a dangerous concentration of
vapours from any inflammable substance may reasonably be expected
to be present. all cotton waste and other material in the workplace which

(a)has been used in such a manner as to render it liable to
spontaneous combustion; or

(b) is contaminated with any inflammable substance,

shall be deposited as soon as is reasonably practicable in a metal
container having a self-closing lid or be removed without delay to a safe
place.

11. Where any inflammable substance is present in any notifiable
workplace steps shall be taken to prevent so far as is reasonably
practicable the escape of vapours from any such inflammable substance
into the general atmosphere of the workplace.

12. Without prejudice to regulation 10(1), in every notifiable
workplace where any naked flame, burner or furnace is used, adequate
precautions shall be taken to prevent the accidental ignition of any
combustible material.

13. (1) The Commissioner may, by notice in writing, require--

(a)that any notifiable workplace shall be provided with such
means of escape therefrom in the case of fire as may he
specified in the notice;

(b)that in any notifiable workplace, such measures as may be
specified in the notice shall be taken to reduce the risk of





(i) the outbreak of fire; (ii) the spread of
fire; or (iii) the spread of smoke from any
fire;

(c)that in any notifiable workplace, illuminated notices bearing
the words and characters ' EXIT ', in letters and
characters not less than 180 millimetres high, shall be
provided and maintained in good condition at each exit from
the workplace.

(2) Every notice given under this regulation shall specify in detail
the requirements of the Commissioner, and the time within which the
notice is to be complied with.

(3) The proprietor of a notifiable workplace shall, on being served
with a notice under this regulation, comply with the notice.

14. (1) The proprietor of any notifiable workplace who
contravenes regulation 5(1), 6(3), 7(3), 8(1), 9(1) or 13(3) commits an
offence and is liable to fine of $30,000.

(2) Where in respect of any notifiable workplace regulation 4, 9(2)
10(1) or (2), 11 or 12 is contravened, the proprietor of the notifiable
workplace commits an offence and is liable to a fine of $30,000.

(3) Any person who contravenes regulation 5(2), 6(4) or 7(2) and
any proprietor of a notifiable workplace who contravenes regulation
7(4) commits an offence and is liable to a fine of $10.000.
L.N. 214/81. L.N. 210/85. 50 of 1985. Citation. 50 of 1985, s. 9. Interpretation. L.N. 210/85. (Cap. 123.) (Cap. 295, sub. leg.) Application. 50 of 1985, s. 9. Doors. 50 of 1985, s. 9. L.N. 210/85. L.N. 210/85. (Cap. 123, sub. leg.) (Cap. 123.) L.N. 210/85. Maintenance of fire escapes. 50 of 1985, s. 9. Fire fighting. 50 of 1985, s. 9. Smoking. 50 of 1985, s. 9. Alterations and additions. L.N. 210/85. 50 of 1985, s. 9. (Cap. 123.) Storage of inflammable substances. 50 of 1985, s. 9. (Cap. 295, sub. leg.) Sources of ignition. 50 of 1985, s. 9. Prevention of escape of vapours. 50 of 1985, s. 9. Naked flame. 50 of 1985, s. 9. Power to require safety precautions, etc. 50 of 1985, s. 9. Offences. 50 of 1985, s. 9.

Abstract

L.N. 214/81. L.N. 210/85. 50 of 1985. Citation. 50 of 1985, s. 9. Interpretation. L.N. 210/85. (Cap. 123.) (Cap. 295, sub. leg.) Application. 50 of 1985, s. 9. Doors. 50 of 1985, s. 9. L.N. 210/85. L.N. 210/85. (Cap. 123, sub. leg.) (Cap. 123.) L.N. 210/85. Maintenance of fire escapes. 50 of 1985, s. 9. Fire fighting. 50 of 1985, s. 9. Smoking. 50 of 1985, s. 9. Alterations and additions. L.N. 210/85. 50 of 1985, s. 9. (Cap. 123.) Storage of inflammable substances. 50 of 1985, s. 9. (Cap. 295, sub. leg.) Sources of ignition. 50 of 1985, s. 9. Prevention of escape of vapours. 50 of 1985, s. 9. Naked flame. 50 of 1985, s. 9. Power to require safety precautions, etc. 50 of 1985, s. 9. Offences. 50 of 1985, s. 9.

Identifier

https://oelawhk.lib.hku.hk/items/show/2348

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:06:06 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (PROTECTION OF EYES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2347

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (PROTECTION OF EYES) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
PROTECTION OF EYES) REGULATIONS

(Cap. 59, section 7)

[Part I: 20th May, 1977.

Part II: 7th October, 1977.]

PART 1

PRELIMINARY

1. These regulations may be cited as the Factories and Industrial
Undertakings (Protection of Eyes) Regulations.

2. In these regulations, unless the context otherwise requires

approved eye protectors', 'approved shield- and 'approved fixed
shield' mean respectively eye protectors, a shield and a fixed
shield made in conformity with specifications for the time being
declared under regulation 4 to be approved specifications for the
purposes of these regulations;

eye protectors' means any of the following (being equipment made to
be worn by a person), that is to say, goggles, visors, spectacles
and face screens;

'fixed shield' means a screen which is free-standing or which is, or is
made to be, attached to machinery, plant or other equipment or to a
building or structure;

shield' means a helmet or hand shield, being equipment made to be
worn or held by a person;

specified process' means any process specified in the Schedule to
these regulations.

3. (1) These regulations shall apply to any industrial undertaking
where any specified process is carried on.

(2) The Commissioner may, by certificate under his hand, exempt
any industrial undertaking to which these regulations apply from all or
any of the requirements of these regulations if he is satisfied that, in the
case of that undertaking, the requirements in respect of which the
exemption is granted are not necessary for the protection of persons
employed in that undertaking or are not

R

reasonably practicable; and any exemption granted under this
paragraph shall be subject to such terms and conditions as the
Commissioner may specify therein, and may be revoked at any time.

4. (1) Eye protectors, shields or fixed shields provided under these
regulations for the use of persons in any industrial undertaking to
which these regulations apply shall be made in conformity with





such specifications as the Commissioner may, by notice in the Gazette,
declare to be approved specifications for the purposes of these
regulations.

(2) The Commissioner may, by notice in the Gazette, revoke, replace
or amend any notice under paragraph (1) or any specification therein.

PART II

GENERAL PROVISIONS FOR PROTECTION OF
EYEs

5. The proprietor of any industrial undertaking to which these
regulations apply shall provide for the use of every person employed in
any specified process carried on in that undertaking

(a) approved eye protectors;

(b) an approved shield; or

(c) an approved fixed shield,

as the case may require for the protection of his eyes, having regard to
the specified process in which that person is employed and the risk of
injury to his eyes from the carrying on of that process.

6. Where any specified process is being carried on in an industrial
undertaking and any person other than those employed in that process
is employed in a place where there is a reasonably foreseeable risk of
injury to his eyes from the carrying on of the process, the proprietor of
the industrial undertaking shall provide for the use of that person

(a) approved eye protectors;

(b) an approved shield; or

(c) an approved fixed shield,

as the case may require for the protection of his eyes, having regard to
the specified process being so carried on and the risk of injury to his
eyes from the carrying on of that process.

7. The proprietor of an industrial undertaking to which these
regulations apply shall

(a)maintain in good condition all eye protectors, shields and fixed
shields provided by him for use under these regulations and
shall

(i) so far as may be reasonably necessary for that purpose,
provide proper storage for them;

(ii) if it is necessary that they should be transparent, keep
them clean; and





(b) take reasonable steps to ensure that every person for
whose use he so provides eye protectors or a shield or a fixed
shield, as the case may be, makes full and proper use of the
same.

8. Where the proprietor of an industrial undertaking to which these
regulations apply provides eye protectors or a shield or a fixed shield, as
the case may be, for the use of any person under these regulations, that
person shall

(a) make full and proper use thereof; and

(b)report forthwith to the proprietor the loss or destruction
thereof or any damage thereto or defect therein.

9. (1) Any proprietor of an industrial undertaking to which these
regulations apply who contravenes any of the provisions of regulation
5, 6 or 7 shall be guilty of an offence and liable on conviction to a fine of
$5,000

(2) Any person who contravenes any of the provisions of

regulation 8 shall be guilty of an offence and liable on conviction to
a fine of $2,000

SCHEDULE [r. 2.]

SPECIFIED PROCESSES

1.Dry grinding of metals or articles of metal applied by hand to a revolving
wheel, band or disc driven by mechanical power.

2.Turning (external or internal) of non-ferrous metals, or of cast iron, or of
articles of such metals or such iron, where the work is done dry, other than
precision turning where the use of eye protectors or a screen would seriously
interfere with the work, or turning by means of hand tools.

3.Welding or cutting of metals by means of an electrical, oxy-acetylene or similar
process.

4. Truing or dressing of an abrasive wheel.

5.Any work carried out with a hand-held cartridge-operated tool, including the
operation of loading and unloading live cartridges into such a tool, and the
handling of such a tool for the purpose of maintenance, repair or examination
when the tool is loaded with a live cartridge.

6.The handling in open vessels or manipulation of acids, alkalis, dangerous
corrosive materials, whether liquid or solid, and other substances which are
similarly injurous to the eyes.

7. The use of compressed air for removing swarf, dust, dirt or other particles.

8.Any process involving the use of an instrument which produces light
amplication by the stimulated emission of radiation.

9. The production of metal castings at pressure die casting machines.

10.Working at a spout of, or attending to, a cupola or furnace where there is a
reasonably foreseeable risk of injury to the eyes from molten metal.

11. Pouring or skimming molten metal.





12.Work in the manufacture of glass and in the processing of glass and the
handling of culleet where in any of the foregoing cases there is a reasonably
foreseeable risk of injury to the eyes of any person engaged in the work from
particles or fragments thrown off.

13. Inspection of glass bottles which contain aerated liquids.

14.The following processes when carried on by means of hand tools or other
portable tools

(a) Fettling of metal castings involving the removal of metal.

(b)Cutting out or cutting off (not including drilling or punching back) of cold
rivets or bolts from boilers or other plant or from ships.

(c) Chipping or scaling or scurfing of boilers or ships' plates.

(d)Breaking, cutting, dressing, carving or drilling of concrete, plaster, slag or
stone (whether natural or artificial).
L.N. 110/77. Citation. Interpretation. Schedule. Application and exemption. Specifications. Protection of persons employed in specified processes. Protection of persons at risk from but not employed in a specified process. Duties of proprietor in respect of protective equipment. Duties of employees in respect of protective equipment. Offences.

Abstract

L.N. 110/77. Citation. Interpretation. Schedule. Application and exemption. Specifications. Protection of persons employed in specified processes. Protection of persons at risk from but not employed in a specified process. Duties of proprietor in respect of protective equipment. Duties of employees in respect of protective equipment. Offences.

Identifier

https://oelawhk.lib.hku.hk/items/show/2347

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:06:06 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (CARTRIDGE-OPERATED FIXING TOOLS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2346

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (CARTRIDGE-OPERATED FIXING TOOLS) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(CARTRIDGE-OPERATED FIXING TOOLS)
REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation................................... Page

PART I

PRELIMINARY

1. Citation................................ ... ... ... ... ... ... ... ... R 2

2. Interpretation................... ... ... ... ... ... ... ... ... ... ... R 2
3. Application...................... ... ... ... ... ... ... ... ... ... R 3

PART 11

DUTIES OF CONTRACTORS, PROPRIETORS AND OPERATORS

4. Only approved tools to be used ............ ... ... ... ... ... R 3

5. Operational condition of tools ......... ... ... ... ... ... ... ... ... R 3

6. Pins ...................................... ... ... ... ... ... ... ... R 4
7. Cartridges ............................. ... ... ... ... ... ... ... ... R 4

8. Tool markings ....................... ... ... ... ... ... ... ... ... R 4

9. Storage of tool and ancillary equipment ... ... ... ... ... ... ... R 4

10. Tool box to contain instructions on care and operation of tool ... ... ... ... R 4

11........................Operators to hold certificates of competency ... ... ... ... ... ... ... R 5

12. Lighting and safe place of work ... ... ... ... ... ... ... ... ... ... R 5

13.............Safe atmosphere ............... ... ... ... ... ... ... ... ... ... R 5

14...............Protective equipment ..... ... ... ... ... ... ... ... ... ... ... R 5

15. Action when defect discovered ... ... ... ... ... ... ... ... ... ... R 5
16. Person under 18 not to use tools ... ... ... ... ... ... ... ... ... ... R 5

17.............Misuse of tools, etc . ..... ... ... ... ... ... ... ... ... ... ... ... R 5

PART 111

MISCELLANEOUS

18. Offences and penalties...... ... ... ... ... ... ... ... ... ... ... ... R 5
19. Power to amend ............. ... ... ... ... ... ... ... ... ... R 6

Schedule Approved cartridge operated cited fixing tools ... ... ... ...





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(CARTRIDGE-OPERATED FIXING TOOLS)
REGULATIONS

(Cap. 59, section 7)

[1 July 1977.]

PART 1

PRELIMINARY

1. These regulations may be cited as the Factories and Industrial
Undertakings (Cartridge-Operated Fixing Tools) Regulations.

2. In these regulations, unless the context otherwise requires

'approved tool' means a tool, including any part thereof,

tile Schedule,

'cartridge' means a propellant gas producing cartridge designed for use
in a tool;

'cartridge-operated fixing tool' means an instrument designed and used
for driving pins into structural material, the driving force being
derived from a cartridge;

'certificate of competency' means

(a)a certificate issued by a person who provides courses of
training, approved by the Commissioner, in the operation of a
tool; or

(b)such other certificate approved by the Commissioner as being
equivalent to a certificate referred to in paragraph (a);

'construction site' means a place where construction work is
undertaken and also any area in the immediate vicinity of any such
place which is used for the storage of materials or plant used or
intended to be used for the purpose of construction work;

'direct-acting tool' means a tool in which the driving force is
transmitted to the pin directly from a cartridge;

,,ear protector' includes car-muffs, ear plugs and ear valves;





'indirect-acting tool' means a tool in which the driving force is
transmitted to the pin by means of an intervening piston with
limited axial movement;

'manufacturer', in relation to a tool, means the manufacturer of the tool;

,,operator' means a person using or employed in using a tool;

'pin' includes a nail, stud, eyelet, eyepin, fastener or other similar object
which is driven into structural material by means of a tool;

,protective equipment' means safety goggles, safety helmets and ear
protectors;

'tool' means a cartridge-operated fixing tool.

3. These regulations apply in relation to the use of any tool in an
industrial undertaking.

PART 11

DUTIES OF CONTRACTORS, PROPRIETORS AND
OPERATORS

4. No tool other than an approved tool shall be used in an industrial
undertaking.

5. (1) Every tool shall be maintained in such condition that it can be
operated only

(a)when fitted with a splinter guard at right angles to the axis of
the barrel and at the end of the barrel. In the case of a direct-
acting tool the splinter guard shall be so maintained that the
distance from the outer edge of the guard to the axis of the
barrel shall not be less than 50 mm;

(b)when the splinter guard is in firm contact with the material to
be pierced and the splinter guard and barrel are fully pressed
home against the surface of the material;

(c)when the barrel and splinter guard are pressed against the
surface of the material to be pierced with a pressure exceeding
5 kg; and

(d)in the case of a direct-acting tool, when the axis of the barrel is
at an angle of less than 7 degrees to a line perpendicular to the
work surface.

(2) Every tool shall be maintained in such condition that it cannot
operate

(a) when the tool is being loaded;

(b)when the tool is dropped on to a hard surface from a height
not exceeding 300 cm; and





(c)when any part of the tool has been assembled incorrectly
or when the separate parts required to be dismantled or
manipulated for loading have not been firmly locked
together.

(3) Every tool shall be maintained properly and free from
patent defects.

6. (1) No pins other than those which correspond to the
manufacturer's specifications for the particular type and make of
tool shall be used in the operation of that tool.

(2) Pins, including their caps or rings, shall be of a size in
conformity with the bore of the barrel of the tool.

7. No cartridges other than those which correspond to the
manufacturer's specifications for the particular type and make of
tool shall be used in the operation of that tool.

8. Every tool shall be kept clearly and permanently marked,
in English or in Chinese, either on the tool or on a plate fixed to it,
with-

(a) the manufacturer's name or trade mark;

(b) the type or model of the tool; and

(c) its serial number.

9. (1) A tool box, or other similar container, which is of
strong construction and fitted with suitable means for locking it
shall be provided for the storage of every tool, its cartridges, pins
and ancillary equipment.

(2) A loaded tool shall not be stored in the tool box or other
container provided under paragraph (1).

(3) While a tool is not required for use it shall be kept in the
tool box, or other container, provided under paragraph (1), which
shall be locked and stored in a secure place.

10. Every tool box, or other similar container, provided under
regulation 9, shall contain a copy of the manufacturer's instruction
manual appropriate to the tool in English and Chinese giving the
following information-

(a)the procedure to be followed for loading, firing and dis-
mantling the tool;

(b)the procedure to be followed for dealing with delayed
ignition for any cause;

(c)instructions on regular cleaning, oiling and inspection and
the correct method of dismantling and reassembling the
removable parts of the tool; and





(d)instructions on the selection of recommended pins and
cartridges for the tool together with a guide for distinguishing
the strength of the charge contained in the cartridges.

11. (1) A tool shall not be used other than by a person who holds a
certificate of competency.

(2) A certificate of competency shall be in a form approved by the
Commissioner.

12. The place in which a tool is used shall-

(a)be suitably lit to the extent necessary to secure the operator's
safety; and

(b)so far as is reasonably practical be made and kept safe to the
extent that the operator shall have a firm foot-hold.

13. No tool shall be used in an atmosphere containing flammable
vapours, flammable gases or explosive dusts.

14. (1) Suitable protective equipment shall be provided and
maintained in good condition for the use of every operator.

(2) Every operator shall, while using a tool, wear the protective
equipment provided for him under paragraph (1).

15. If the operator of a tool discovers a fault or defect in the tool, or
in any pins or cartridges provided for use therewith, he shall

(a) cease to operate the tool; and

(b)forthwith report the fault or defect to the contractor or
proprietor employing him.

16. No person under the age of 18 years shall be permitted to use a
tool.

17. No person shall misuse or, without reasonable excuse, interfere
with

(a) any tool, pin or cartridge; or

(b) any protective equipment provided under regulation 14(1).

PART 111

MISCELLANEOUS

18. (1) The contractor engaged in construction work on a
construction site or the proprietor of any other industrial undertaking in
or in respect of which any of the provisions of regulation 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, 14 or 16 is contravened commits an offence.





(1A) A person who commits an offence under paragraph (1)

(a)in respect of a contravention of regulation 4, 5, 6, 7, 11, 13, 14
or 16, is liable to a fine of $30,000;

(b)in respect of a contravention of regulation 8, 9, 10 or 12, is liable
to a fine of $20,000.

(2) An operator who contravenes any of the provisions of

regulation 6, 7, 9(2) or (3), 11, 13, 14(2) or 15 commits an offence and is
liable to a fine of $10,000.

(3) Any person who contravenes any of the provisions of

regulation 17 commits an offence and is liable to a fine of $10,000.

19. The Commissioner may, by notice in the Gazette, amend

the Schedule.

SCHEDULE LE [regs. 2 & 19.]


APPROVED CARTRIDE OPERATED FIXING TOOLS

1. Ramset Model J-10
2. Ramset Model J-20
3. Ramset Model J-30
4. Ramset Model JP-50
4A. Ramset Model 4180
5. Hilti Model DX 100L
6. Hilti Model DX 350
7. Hilti Model DX 400
8. Hilti Model DX 600
9. Hilti Model DX 60ON
10. Hilti Model DX 650
11. Impex Model KOMET 1B
12. Omark Model 330 Super G
13. Omark Model 330 EP4
14. Omark Model 330 EP 8
15. Deutzer Bolzensetzer Model FAVORIT
16. Omark Model 330 L-V
17. Ramset Model JP 88
18. Hilti Model DX 450
19. Red Head Model 330 BPE-4
20. Red Head Mode 330 BPE-8
21. RedHead Model A-10
22 Ramest Model D-60
23. Omark Model M3-1M4





24. Red Head Model 340 BPE-4


25. Red Head Mode 340 BPE-8
26. Hilti Model DX 350P
27. Ramset Model 90
28. Hilti Model DX 36M
29. SPIT Mode P60
L.N. 70/77. L.N. 118/77. L.N. 198/77. L.N. 313/77. L.N. 52/78. L.N. 206/81. L.N. 327/81. L.N. 287/82. L.N. 401/82. L.N. 428/82. L.N. 242/84. L.N. 340/84. L.N. 98/85. L.N. 252/85. L.N. 314/85. L.N. 14/87. L.N. 117/77. Citation. Interpretation. Schedule. Application. Only approved tools to be used. Operational condition of tools. Pins. Cartridges. Tool markings. Storage of tool and ancillary equipment. Tool box to contain instructions on care and operation of tool. Operators to hold certificates of competency. Lighting and safe place of work. Safe atmosphere. Protective equipment. Action when defect discovered. Persons under 18 not to use tools. Misuse of tools, etc. Offences and penalties. L.N. 327/81. Power to amend Schedule. L.N. 118/77. L.N. 198/77. L.N. 313/77. L.N. 52/78. L.N. 206/81. L.N. 287/82. L.N. 401/82. L.N. 428/82. L.N. 242/84. L.N. 340/84. L.N. 98/85. L.N. 252/85. L.N. 314/85. L.N. 14/87.

Abstract

L.N. 70/77. L.N. 118/77. L.N. 198/77. L.N. 313/77. L.N. 52/78. L.N. 206/81. L.N. 327/81. L.N. 287/82. L.N. 401/82. L.N. 428/82. L.N. 242/84. L.N. 340/84. L.N. 98/85. L.N. 252/85. L.N. 314/85. L.N. 14/87. L.N. 117/77. Citation. Interpretation. Schedule. Application. Only approved tools to be used. Operational condition of tools. Pins. Cartridges. Tool markings. Storage of tool and ancillary equipment. Tool box to contain instructions on care and operation of tool. Operators to hold certificates of competency. Lighting and safe place of work. Safe atmosphere. Protective equipment. Action when defect discovered. Persons under 18 not to use tools. Misuse of tools, etc. Offences and penalties. L.N. 327/81. Power to amend Schedule. L.N. 118/77. L.N. 198/77. L.N. 313/77. L.N. 52/78. L.N. 206/81. L.N. 287/82. L.N. 401/82. L.N. 428/82. L.N. 242/84. L.N. 340/84. L.N. 98/85. L.N. 252/85. L.N. 314/85. L.N. 14/87.

Identifier

https://oelawhk.lib.hku.hk/items/show/2346

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

7
]]>
Tue, 23 Aug 2011 18:06:05 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (GUARDING AND OPERATION OF MACHINERY) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2345

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (GUARDING AND OPERATION OF MACHINERY) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS (GUARDING
AND OPERATION OF MACHINERY) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation
Pag
e

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Q 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... Q 2
3. Application ... ... ... ... ... ... ... ... ... ... ... ... ... Q 3
4. Guarding of dangerous parts ... ... ... ... ... ... ... ... ... ... ... Q 3
5. Method of guarding ... ... ... ... ... ... ... ... ... ... ... ... ... Q 3
6. Fixed guards may have openings ... ... ... ... ... ... ... ... ... ... Q 4
7. Young persons working at machines ... ... ... ... ... ... ... ... ... Q 4
8. Starting and stopping devices ... ... ... ... ... ... ... ... Q 4
9. Push button controls to have emergency stopping devices ... ... ... ... --- Q 5
10. Stock-bars ... ... ... ... ... ... ... ... ... ... ... ... ... Q 5
11. Belts and pulleys ... ... ... ... ... ... ... ... ... ... ... ... ... Q 5
1 Responsibilities of proprietors. employees and other persons---. ... ... ... Q 5
13. Offencew ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Q 6

First Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Q 6 Second Schedule ... ... ... ... ...
... ... ... ... ... ... ... ... ... ... ... Q 7 Third Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Q 7
Fourth Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Q 8





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(GUARDING AND OPERATION OF MACHINERY)
REGULATIONS

(Cap. 59, section 7)

[1 April 1977.1

1. These regulations may be cited as the Factories and Industrial
Undertakings (Guarding and Operation of Machinery) Regulations.

2. In these regulations, unless the context otherwise requires

'automatic guard' means a guard which automatically prevents an
operator of any machinery or plant from coming into contact with a
dangerous part when that part is in motion;

'dangerous part' means any part of machinery or plant specified in the
First Schedule and any combination of such parts,

,,employee' means a person employed in a notifiable workplace to
which these regulations apply;

'fixed guard' means a guard which by its design and construction
prevents access to a dangerous part of machinery or plant and
which has no moving parts associated with or dependent upon the
machinery or plant to which the guard is fitted;

-interlocking guard' means a guard which is connected with machinery
or plant so that the machinery or plant cannot be operated unless
the guard is in a closed position, and the guard cannot be opened
unless the machinery or plant is not in motion or its removal from a
closed position causes the machinery or plant to cease operating
forthwith;

'prime mover' means any engine, motor, or other appliance, which
provides mechanical energy derived from any source;

',striking gear- means a device designed for moving a driving belt to and
from fast and loose pulleys, and includes a belt shifter;

-transmission machinery- includes every shaft, counter-shaft, wheel,
drum, pulley, system of fast and loose pulleys, coupling, clutch,
driving belt or other device by which the motion of a prime mover
is transmitted to or received by any machinery or plant;

'trip guard- means a guard which is connected with machinery or plant
so that upon its activation the machinery or plant stops before a
person can come into contact with a dangerous part thereof.,





-two-hand control device- means a device which is so designed that the
operator's hands must continuously engage the controls of the
machinery or plant if it is to complete its cycle of operation and that
if one or both of the operator's hands cease to engage the controls
thereof the machinery or plant stops instantly.

3. (1) Subject to paragraph (2), these regulations shall apply to
machinery or plant in a notifiable workplace.

(2) Notwithstanding paragraph (1), these regulations shall not
apply to any

(a)machinery or plant whose cycle of operation does not involve
the use of a prime mover and is dependent solely upon manual
labour;

(b)machinery or plant that is portable and is designed for
carrying about by manual labour and for operation while held
by hand; and

(c)machinery or plant of the parts and description set out in
column A of the Second Schedule and to which the
regulations opposite thereto in column B apply.

4. (1) Subject to paragraph (2), a dangerous part shall be effectively
guarded in accordance with and in the manner provided by regulation 5.

(2) Notwithstanding paragraph (1). a dangerous part which by
reason of

(a) its position;

(b) its construction; or

(c). the nature of the work being performed,

does not give rise to any reasonably foreseeable hazard to the safety of
any person present at a notifiable workplace need not be guarded as
provided in regulation 5.

5. (1) Subject to paragraph (3), effective guarding of a dangerous
part shall be achieved either by any one of the following methods or by
a combination of any of them

(a) by a fixed guard;

(b) by an interlocking guard;

(c) by an automatic guard;

(d) by a trip guard;

(e) by a two-hand control device.

(2) Subject to paragraph (3), every guard or device used pursuant
to paragraph (1) shall be





(a) of substantial contruction

(b) maintained in an efficient condition; and

(c)kept in its proper position while the machinery or plant is in
motion.

(3) Notwithstanding paragraphs (1) and (2), a guard or device may
be removed or rendered inoperative while the machinery or plant is in
motion and a dangerous part is necessarily exposed for the purpose of
any examination, being an examination which can only be made with the
machinery or plant in motion, or of any lubrication or adjustment shown
by an examination to be immediately necessary, being a lubrication or
adjustment which can only be done with the machinery or plant in
motion.

(4) A guard or device removed or rendered inoperative pursuant to
paragraph (3) shall be immediately replaced or rendered operative upon
completion of the purpose for which it was so removed or rendered
inoperative.

6. (1) Subject to paragraph (2) an opening may be provided in any
fixed guard for the insertion and withdrawal of material from machinery
or plant.

(2) An opening in a fixed guard shall-

(a)in the case of a fixed guard used in connexion with an
automatic feeding device or any gravity feeding system, be as
small as is practicable having regard to the operation of the
machinery or plant;

(b)in every other case, conform to the Table set out in the Third
Schedule so that the distance of the fixed guard from any
dangerous part shall be not less in any case than the distance
set out in column B opposite to the size of opening set out in
column A.

7. A young person shall not work at or operate any machine
specified in the Fourth Schedule unless he has been fully instructed as
to the dangers arising in the use of the machine and the precautions to
be observed, and he has either been given training to the extent that he
is proficient in work at and the operation of the machine or he is under
supervision by a person who has a knowledge of and is experienced in
work at and the operation of the machine.

8. Machinery or plant shall be equipped with an efficient starting
and stopping device and the controls of the device shall be designed
and constructed with proper regard to the safe working of the
machinery or plant and so placed as to be readily and conveniently
operated.





9. Machinery or plant driven by 2 or more motors with
separate push button controls shall be equipped with one or more
overriding stopping devices by means of which the machinery or
plant can be stopped forthwith and, where there is more than one
stopping device, such devices shall be so spaced as to enable their
effective and convenient operation.

10. Any part of a stock-bar which projects beyond the head-
stock of a lathe shall be effectively guarded in the manner prescribed
by regulation 5 unless it is in such a position as to be as safe to every
person present at the notifiable workplace as it would be if effectively
guarded.

11. (1) Machinery or plant not directly driven by an individu-
al motor or other prime mover but driven through a system of belt,
pulley and shaft or counter-shaft shall be equipped with-

(a) a clutch;

(b) a loose pulley; or

(c)other adequate means readily accessible to an operator for
the effective starting and stopping of the machinery or
plant.

(2) No driving belt shall rest or ride upon a revolving shaft
forming part of any transmission machinery.

(3) For the purposes of moving a driving belt to and from fast
and loose pulleys forming part of any transmission machinery,
suitable striking gear shall be provided and shall be constructed,
placed and maintained so as to prevent the driving belt from
creeping back or shifting on to a fast pulley while the driving belt is
in motion on a loose pulley.

(4) Where a foot pedal forms part of any transmission
machinery for the purpose of operating a clutch, it shall be effec-
tively guarded against being unintentionally or accidentally struck
so as to operate the clutch.

12. (1) No proprietor, employee or other person shall wilfully
and without reasonable cause, remove, render inoperative, misuse,
damage or interfere with any guard or device provided in pursuance
of these regulations.

(2) Every employee shall make full and proper use of any
guard or device provided in pursuance of these regulations.

(3) Every employee shall report forthwith to the proprietor
any fault or defect in any guard or device provided in pursuance of
these regulations.





13. (1) The proprietor of any notifiable workplace in respect of
which any of the provisions of regulation 4, 6(2), 7, 8, 9, 10, 11 or 12(1)
are contravened shall be guilty of an offence and shall

(a)in respect of a contravention of regulation 4, 7, 10 or 12(1 be
liable to a fine of $30,000;

(b)in respect of a contravention of regulation 6(2), 8, 9 or 11, be
liable to a fine of $20,000.

(2) An employee or a person other than a proprietor who
contravenes regulation 12(1) shall be guilty of an offence and shall be
liable on conviction to a fine of $10,000.

(3) An employee who contravenes any of the provisions of
regulation 12(2) or 12(3) shall be guilty of an offence and shall be liable
on conviction to a fine of $10,000.

FIRST SCHEDULE [reg. 2.1

DANGEROUS PARTS OF MACHINERY OR
PLANT

1 Revolving shafts. couplings, spindles, mandrels. bars and flywheels.

2. In-running nips between pairs of rotating parts.

3. In-running nips of the bell and pulley type.

4. Projections on revolving parts.

5. Discontinuous rotating parts.

6. Revolving beaters. spiked cylinders and revolving drums.

7. Revolving mixer arms in casings fitted with openings.

8. Revolving worms and spirals in casings fitted with openings.

9. Revolving high-speed cages in casings fitted with openings.

10. Revolving cutting tools.

11. Reciprocating cutting tools.

12. Reciprocating press tools and dies.

13. Reciprocating needles.

14. Closing nips between platen motions.

15. Projecting belt fasteners and fast running belts.

16. Nips between connecting rods or links. and rotating wheel cranks or dies.

17. Traps arising from the traversing carriages of self-acting machines.





SECOND SCHEDULE [reg. 3(2)(c).]

PARTS OF MACHINERY OR PLANT TO WHICH
THESE
REGULATIONS DO NOT APPLY

A B
Parts and Description Applicable Regulations

Factories and Industrial Undertakings
(Woodworking Machinery)
Regulations

Circular saw, the blade reg. 10
Swing saw, the blade reg. 12
Pendulum saw, the blade reg. 12
Plain band saw, the blade reg. 13
Planing machine. the cutter reg. 14
Vertical spindle moulding machine.
the cutter reg. 15
Chain mortising machine. the chain reg. 16
Construction Sites (Safety)
Regulations
Every flywheel and moving part of any
prime mover reg. 44
Every part of transmission machinery reg. 44

j

Every dangerous part of other machinery
(whether or not driven by a prime
mover) reg. 44

Factories and Industrial Undertakings
(Abrasive Wheels) Regulations

Abrasive wheel regs. 8 and 9

THIRD SCHEDULE [reg. 6(2)]

OPENINGS IN FIXED GUARDS

A B

Distance of guard from
Size of opening in millimetres any dangerous part
measured at the widest point in millimetres

More than But not more thanNot less than
6 40

6 10 40
10 12 65
12 15 90
15 20 140
20 22 165
22 30 190
30 40 320
40 so 400
50 55 450
55 150 800
150 800





FOURTH SCHEDULE [reg. T]

MACHINES NOT TO BE WORKED AT BY YOUNG
PERSONS
UNLESS TRAINED OR SUPERVISED

1 Power presses, including hydraulic and pneumatic presses.

2. Loose knife punching machines.

3. Milling machines, other than those used in tool-room operation.

4. Dough brakes.

5. Dough mixers.

6. Hydro-extractors,

7. Calenders.

8. Washing machines.

9. Garment presses.

10. Paper baling presses.

11. Guillotines.

12, Hand fed platen printing machines.

13. Hand fed embossing machines.
L.N. 198/76. L.N. 117/81. L.N. 377/81. L.N. 34/77. Citation. Interpretation. First Schedule. 50 of 1985, s. 9. Application. 50 of 1985, s. 9. Second Schedule. Guarding of dangerous parts. 50 of 1985, s. 9. Method of guarding. Fixed guards may have openings. Third Schedule. Young persons working at machines. Fourth Schedule. Starting and stopping devices. Push button controls to have emergency stopping devices. Stock-bars. 50 of 1985, s. 9. Belts and pulleys. Responsibilities of proprietors, employees and other persons. Offences. L.N. 117/81. 50 of 1985, s. 9. L.N. 377/81.

Abstract

L.N. 198/76. L.N. 117/81. L.N. 377/81. L.N. 34/77. Citation. Interpretation. First Schedule. 50 of 1985, s. 9. Application. 50 of 1985, s. 9. Second Schedule. Guarding of dangerous parts. 50 of 1985, s. 9. Method of guarding. Fixed guards may have openings. Third Schedule. Young persons working at machines. Fourth Schedule. Starting and stopping devices. Push button controls to have emergency stopping devices. Stock-bars. 50 of 1985, s. 9. Belts and pulleys. Responsibilities of proprietors, employees and other persons. Offences. L.N. 117/81. 50 of 1985, s. 9. L.N. 377/81.

Identifier

https://oelawhk.lib.hku.hk/items/show/2345

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:06:04 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (DRY BATTERIES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2344

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (DRY BATTERIES) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(DRY BATTERIES) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. Page

1.........Citation ....................... ... ... ... ... ... ... ... ... ... P2
2.........Interpretation ................. ... ... ... ... ... ... ... ... P2

3...........Application ............... ... ... ... ... ... ... P2

4.........Storage ........ .................. ... .. ... ... ... ... ... P2

5...........Mixing rooms .............. ... ... ... ... ... ... ... ... p 2
6...........Dolly-pressing rooms.. .... ... ... ... ... ... ... ... ... ... .. 1 P
2
7...........Dust . .................... ... ... ... ... ... ... ... ... p 2
8...........Ventilation .................. ... ... ... ... ... ... ... ... .. P 3

9...............Walls and floors 1 . ...... ... ... ... ... ... ... ... ... ... ... P 3

10..........Cleanliness ................. ... ... ... ... ... ... ... ... P3

11...................Prohibition against food stun ... ... ... ... ... ... ... ... p 3

12................Prohibition against smoking ... ... ... ... ... ... ... ... ... ... P3
13................Prohibition against sleeping ... ... ... ... ... ... ... ... ... ... P3

14............Protective clothing ........... ... ... ... ... ... ... ... ... ... ... P 3

15...................Lockers for protective clothing ... ... ... ... ... ... ... ... ... P 4

16............Washing facilities ............ ... ... ... ... ... ... ... ... ... P 4

17........Notices ........................... ... ... ... ... ... ... ... ... P 4
18........Responsibilities .................. ... ... ... ... ... ... ... ... ... p
5

19. Penalties................... ... ... ... ... ... ... ... ... ... ... p 5





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(DRY BATTERIES) REGULATIONS

(Cap. 59, section 7)

[1 January 1977.1

1. These regulations may be cited as the Factories and Industrial
Undertakings (Dry Batteries) Regulations.

2. In these regulations, unless the context otherwise requires

'dolly-pressing room' means a room in which manganese dioxide is
moulded and pressed to form black dollies for use in the
manufacture of dry batteries;

'dry batteries' means dry-cell batteries containing manganese dioxide;

maintained' means maintained in an efficient state, working order and
good repair;

.'manganese dioxide' includes any substance or combination of
substances containing manganese dioxide;

'mixing room' means a room in which manganese dioxide is mixed,
ground or sifted for use in the manufacture of dry batteries.

3. These regulations shall apply to every factory in which dry
batteries are manufactured.

4. Manganese dioxide, ammonium chloride and carbon black shall
be stored in a room which is not used for any other purpose.

5. Manganese dioxide shall be mixed, ground and sifted in a room
which is not used for any other purpose.

6. Dollies shall be moulded and pressed in a room which is not
used for any other purpose.

7. (1) Where dust containing manganese dioxide is likely to enter
the atmosphere of any room at any stage during the process of
manufacture of dry batteries, all practicable measures, including the siting of an
exhaust ventilation as near as possible to the point of such entry, shall
be taken to prevent the distribution of such dust throughout the
atmosphere of such room.

(2) The mixing, grinding and sifting of manganese dioxide shall be
carried out within an air-tight mixer or other device which effectively
prevents any dust containing manganese dioxide escaping therefrom.





(3) Containers used for the storage or in the conveyance of
manganese dioxide shall be fitted with lids which effectively prevent
dust containing manganese dioxide escaping therefrom.

8. Mechanical ventilation sufficient to provide at least 5 changes of
air per hour shall be installed and maintained inside every mixing room
and dolly-pressing room and shall be operated at all times when such
room is in use.

9. (1) The floors of mixing rooms and dolly-pressing rooms shall be
tiled or surfaced with smooth impervious material sloping evenly
towards drainage outlets.

(2) The walls of mixing rooms and dolly-pressing rooms shall be
tiled or surfaced with smooth impervious material to a height of
not less less than 7 feet from the floor and the remainder of the surface
of the walls if not so tiled or surfaced to the ceiling shall be coated with
light-coloured washable paint.

(3) The walls and floors of mixing rooms and dolly-pressing rooms
shall be maintained in a condition and manner which effectively
minimizes the accumulation of any dust on the surface thereof.

10. (1) The floors, walls, ceilings, appliances. equipment, fittings
and furniture in mixing rooms and dolly-pressing rooms shall be kept
reasonably clean and free from the accumulation of surface dust.

(2) The floors of mixing rooms and dolly-pressing rooms shall be
cleaned thoroughly by washing at least once in each week.

11. No person shall take any food or any drink into a mixing room
or a dolly-pressing room.

12. No person shall smoke in a mixing room or dolly-pressing
room.

13. (1) No person shall use a mixing room or dolly-pressing room
as a sleeping room.

(2) No person shall be in a mixing room or a dolly-pressing room
during the night unless working therein.

14. (1) A person who works in a mixing room or dollypressing room
and any other person who by reason of his work is likely to come into
contact with manganese dioxide shall be supplied by the proprietor of
the factory with not less than 2 sets of protective clothing of a nature
suitable for the prevention of contamination by manganese dioxide.

(2) Such protective clothing shall include

(a) a cap to cover the hair of the head;





(b) a face mask to cover the nose and mouth;

(c) gloves to cover the hands and wrists;

(d)overalls or other suitable garments to cover the limbs and
trunk of the body.

(3) No person shall work in a mixing room or dolly-pressing room
or with manganese dioxide unless he is wearing and making proper use
of the protective clothing supplied to him.

(4) No person supplied by the proprietor of a factory with such
protective clothing shall remove any item thereof from the factory.

(5) The proprietor of a factory shall, at no expense to any person
supplied therewith, cause all such protective clothing to be washed
clean at least twice in every week.

15. (1) Every person supplied with protective clothing in
accordance with regulation 14 shall be provided by the proprietor of the
factory with either 2 lockers or a locker consisting of 2 separate
compartments.

(2) 1 locker or, where only 1 locker is provided, one of the
compartments of the locker shall be used solely and exclusively for the
storage of the protective clothing of the person for whom the locker has
been provided.

16. (1) Washrooms with space for changing clothes shall be
provided by the proprietor of a factory in a convenient position for the
use of persons supplied with protective clothing in accordance with
regulation 14.

(2) Such washrooms shall be equipped with-

(a) showers with hot and cold water at the ratio of 1 shower
per 10 persons so provided with protective clothing, or

(b)wash-hand basins with hot and cold water at the ratio of 1
basin per 6 persons so provided with protective clothing.

(3) Separate washrooms shall be provided for persons of each sex.

(4) No washroom shall be used for the purpose of any part of the
manufacture of or for the storage of dry batteries.

(5) The fixtures and interiors of washrooms shall be cleaned
thoroughly by washing at least twice in every week.

17. There shall be prominently displayed in mixing rooms and
dolly-pressing rooms-

(a)in red letters at least 4 inches in height on a white background,
not less than 2 notices marked plainly 'NO SMOKING' in
English and ' ' in Chinese; and





(b)not less than 2 notices, in English and in Chinese, in a form
approved by the Commissioner, containing information as
to the toxic nature of manganese dioxide and the precau-
tions to be taken in its use in the manufacture of dry
batteries.

18. (1) No person who works in the manufacture of dry
batteries shall wilfully misuse or interfere with any facility or
equipment.

(2) Where a person who works in the manufacture of dry
batteries knows of any fault or defect in any facility or equipment in
the factory, he shall forthwith report the same to the proprietor.

(3) A proprietor shall not order, direct, authorize, permit or
suffer any person to contravene these regulations.

19. (1) The proprietor of a factory in or in respect of which
any of the provisions of regulation 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17 or 18(3) is contravened shall be guilty of an offence and
shall-

(a)in respect of a contravention of regulation 4, 5, 6, 7, 8, 9,
10, 11,1 12, 13 or 18(3), be liable on conviction to a fine of
$20,000, and

(b)in respect of a contravention of regulation 14, 15, 16 or 17,
be liable on conviction to a fine of $10,000.

(2) Any person other than a proprietor who contravenes any
of the provisions of regulation 11, 12, 13, 14(3), 14(4), 15(2) or 18
shall be guilty of an offence and shall be liable on conviction to a fine
of $10,000.
L.N. 196/76. L.N.326/81. L.N. 291/76. Citation. Interpretation. Application. Storage. Mixing rooms. Dolly-pressing rooms. Dust. Ventilation. Walls and floors. Cleanliness. Prohibition against food stuffs. Prohibition against smoking. Prohibition against sleeping. Protective clothing. Lockers for protective clothing. Washing facilities. Notices. Responsibilities. Penalties. L.N. 326/81.

Abstract

L.N. 196/76. L.N.326/81. L.N. 291/76. Citation. Interpretation. Application. Storage. Mixing rooms. Dolly-pressing rooms. Dust. Ventilation. Walls and floors. Cleanliness. Prohibition against food stuffs. Prohibition against smoking. Prohibition against sleeping. Protective clothing. Lockers for protective clothing. Washing facilities. Notices. Responsibilities. Penalties. L.N. 326/81.

Identifier

https://oelawhk.lib.hku.hk/items/show/2344

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:06:04 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (GOODS LIFTS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2343

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (GOODS LIFTS) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(GOODS LIFTS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. Page

1.........Citation .......................... ... ... ... ... ... ... ... ... 02
2.........Application ....................... ... ... ... ... ... ... ... ... 02
3.........Interpretation .................... ... ... ... ... ... ... ... ... ... 02
4.........Construction ...................... ... ... ... ... ... ... ... ... ... 02
5.........Examination ....................... ... ... ... ... ... ... ... ... 03

6...............................Register of examination to be kept by owner ... ... ... ... 03

7...............Liftway to be enclosed ...... ... ... ... ... ... ... ... ... ... ... 03

8...........................Lighting, stopping, prevention of overrunning ... ... ... ... ... ... 04

9......................Overloading and carriage of persons ... ... ... ... ... ... ... ... 04

10..............................Duty of person engaged in operating lift to report defect ... ... ... ... 04

11...................Offences by owners and others ... ... ... ... ... 04

12...................Offences by competent examiners ... ... ... ... ... ... ... ... ... 05

13........Saving ............................ ... ... .. 1 ... ... ... ... 05

Schedule..Form....................... ... ... ... ... ... ... ... ... ... ... ... 06





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(GOODS LIFTS) REGULATIONS

(Cap. 59, section 7)

[1 September 1976.]

1. These regulations may be cited as the Factories and Industrial
Undertakings (Good Lifts) Regulations.

2. These regulations apply to any lift used in an industrial
undertaking, which is

(a)a goods lift to which the Lifts and Escalators (Safety)
Ordinance applies by virtue of section 3 of that Ordinance but
which has been exempted under section 44A from the
application of that Ordinance;

(b)a service lift to which the Lifts and Escalators (Safety)
Ordinance does not apply by virtue of section 3(1)(a)(xiv) of
that Ordinance.

3. In these regulations, unless the context otherwise requires-

'competent examiner' in relation to the carrying out of any examination
of a lift required by these regulations, means a person

(a)who is appointed for that purpose by the owner of the lift;
and

(b)whose name appears on the register of lift engineers kept by
the Director of Public Works in pursuance of section 5 of the
Lifts and Escalators (Safety) Ordinance;

'lift' means a lifting machine or appliance having a car or platform the
direction of movement of which is restricted by a guide or guides;

'maintained' means maintained in an efficient state, in efficient working
order and good repair;

,,owner', in relation to a lift, includes the proprietor of an industrial
undertaking in which the lift is used, the lessee or hirer of the lift,
and any agent or person in charge or having the control or
management of the lift.

4. The owner of a lift shall ensure that it is not put into operation or
used unless

(a)it is of good mechanical construction and made of strong and
sound materials; and

(b) it is properly maintained.





5. (1) The owner of a lift shall cause it to be thoroughly
examined by a competent examiner at least once annually and a
report of the examination to be entered in the register kept under
regulation 6.

(2) Where an examination under paragraph (1) shows that the
lift cannot be used with safety unless certain repairs are carried out
immediately, or within a specified time, the examiner shall, not
later than 28 days after the completion of the examination, send a
copy of the report of the examination to the Commissioner.

6. (1) The owner of a lift required to be examined under
regulation 5 shall keep a register containing a report of every
examination carried out on the lift.

(2) The register shall be in the form prescribed in the Schedule
and each entry therein shall be signed by the person carrying out the
examination.
(3) On being requested to do so by an inspector, the owner of a
lift shall produce the register for inspection.

7. (1) The liftway of a lift shall be efficient by protected by a
substantial enclosure fitted with doors.

(2) Every such door shall be fitted with an efficient locking
device of such a type that-

(a)the door cannot be opened except when the car or platform
is at rest at the landing place to which the door gives
access; and

(b)the car or platform cannot be moved away from the
landing place until the door is fully closed and locked.

(3) Nothing in paragraph (2) shall prevent any such door from
being opened-
(a) in an emergency; or
(b)during any period when the lift is being used solely for the
purpose of repairs or examination under regulation 5,

whether or not the car or platform is at rest at the lift landing place
to which the door gives access.

(4) The enclosure of a liftway shall be so constructed as to
prevent, when the doors are closed, any person entering or falling
down the liftway or coming into contact with any moving part of
the lift.

(5) The lift and the enclosure of the liftway shall be so
constructed as to prevent any part of any goods carried in the car or
platform from being trapped between any part of the car or platform
and any of the moving parts of the lift or any fixed structure.
(6) The owner of a lift shall ensure that it is not used unless it
complies with paragraphs (1), (2), (4) and (5).





8. (1) There shall be provided and maintained for every lift-

(a) adequate lighting for the car or platform;

(b)at each landing place, a 'stop' switch or 'stop' push for
stopping the lift; and

(c) automatic devices to prevent the lift from overrunning

(2) No operating switch shall be installed in or on the car or
platform of the lift.

(3) The owner of a lift shall ensure that the lift is not used unless it
complies with paragraphs (1) and (2).

9. (1) There shall be conspicuously displayed in or on the car or
platform of a lift easily legible notices in English and Chinese stating

(a)the maximum working load which the lift can safely carry; and

(b) that the carriage of persons in the lift is prohibited.

(2) No load greater than the load stated in the notice under
paragraph (1)(a) shall be carried in a lift.

(3) No person shall travel, or cause or permit any other person to
travel, in a lift.

(4) The owner of a lift shall ensure that the lift is not used-

(a)unless notices are displayed in accordance with paragraph
(1); or

(b) in breach of paragraph (2) or (3).

10. Every person engaged in the operation of a lift shall report
forthwith to the owner thereof any defect in the operation mechanism or
safety devices fitted to the lift or liftway.

11. (1) Any owner of a lift who contravenes any of the provisions
of regulation 4 or 5(1) shall be guilty of an offence and shall be liable on
conviction to a fine of $50,000.

(2) Any owner of a lift who contravenes any of the provisions of
regulation 6, 7(6), 8(3) or 9(4) shall be guilty of an offence and shall be
liable on conviction to a fine of $30,000.

(3) Any person who contravenes any of the provisions of
regulation 9(2) or (3) or 10 shall be guilty of an offence and shall be
liable on conviction to a fine of $10,000.

(4) Any person engaged in the operation of a lift who wilfully and
without reasonable cause does anything likely to endanger himself or
others shall be guilty of an offence and shall be liable on conviction to
a fine of 10,000.





(5) Any person who knowingly misuses or interferes with any
operation mechanism or safety device fitted to any part of a lift or
liftway shall be guilty of an offence and shall be liable on conviction to
a fine of $10,000.

12. (1) Any competent examiner who, having carried out any
examination for the purposes of these regulations

(a) fails to comply with regulation 5(2); or

(b)fails or refuses to sign, within a reasonable time after the
examination, a register under regulation 6(2),

shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000.

(2) Any competent examiner who, having carried out any
examination for the purposes of these regulations

(a)delivers to the owner or makes a report of the examination; or

(b) signs an entry in the register kept under regulation 6(2),

which is to his knowledge false as to a material particular shall be guilty
of an offence and shall be liable on conviction to a fine of $50,000.

13. The provisions of these regulations shall be in addition to and
not in derogation of any of the provisions of the Buildings Ordinance.





SCHEDULE [reg. 6(2).]

FACTORIES AND INDUSTRIAL UNDERTAKINGS (GOODS LIFTS) REGULATIONS

REGISTER

GOODS LIFTS

L.N. 162/76. REPORT OF ANNUAL THOROUGH EXAMINATIONS

Form prescribed by the Commissioner for Labour for the purposes of regulation
6(2) of the Factories and Industrial Undertakings (Goods Lifits)
Regulations

L.N. 123/76. L.N. 162/76. L.N. 325/81. L.N. 205/76. Citation. Application. (Cap. 327.) Interpretation. (Cap. 327.) Construction. Examination. L.N. 162/76. Register of examination to be kept by owner. Schedule. Liftway to be enclosed. Lighting, stopping, prevention of overrunning. Overloading and carriage of persons. Duty of person engaged in operating lift to report defect. Offences by owners and others. L.N. 325/81. Offences by competent examiners. L.N.325/81. Saving. (Cap. 123.)

Abstract

L.N. 123/76. L.N. 162/76. L.N. 325/81. L.N. 205/76. Citation. Application. (Cap. 327.) Interpretation. (Cap. 327.) Construction. Examination. L.N. 162/76. Register of examination to be kept by owner. Schedule. Liftway to be enclosed. Lighting, stopping, prevention of overrunning. Overloading and carriage of persons. Duty of person engaged in operating lift to report defect. Offences by owners and others. L.N. 325/81. Offences by competent examiners. L.N.325/81. Saving. (Cap. 123.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2343

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:06:03 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (SPRAYING OF FLAMMABLE LIQUIDS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2342

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (SPRAYING OF FLAMMABLE LIQUIDS) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(SPRAYING OF FLAMMABLE LIQUIDS)
REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation ..................................

PART 1

PRELIMINARY

1. Citation.................................. ... ... ... ... ... ... ... N 2

2. Interpretation.................... . ... ... ... ... ... ... ... ... 2

3. Application of regulations ............ ... N 2

PART 11

DUTIES OF

4. Construction of spraying room or spraying area etc . ... ... ... N 3,

5. Ventilation ................... .......... ... ... ... ... ... ... N

6. Sources of ignition and prohibition of smoking ... ... ... ... ... ... N* 3

7. Notices to be displayed .................. ... ... ... ... ... ... ... N

8. Electrical equipment ............... ..... ... ... ... ... ... ... ... N 4

9. Prov ision of fire extinguishing appliances ... .. ... ... ... ... ... ... N 4
10. Storage of flammable liquid .............. ... ... ... ... ... N 4

11. Cleanliness ........................... ... ... ... ... ... ... N 5

12. Disposal of cotton waste etc. ......... ... ... ... ... ... ... N

PART 111

DUTIES OF PERSONS EMPLOYED

13. Removal of contaminated material, etc ....... ... ... ... ... ... N 5

14. Employees' duties to comply with regulations etc. ... N 5

15. Employee's duty to report defects ..... ... ... ... ... ... ... N 5

PARTIV

OFFENCES AND PENALTIES

16. Offences and penalties ................... ... ... N' 6

Schedule ........ . .......................... ... ... ... ... .. N 6





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(SPRAYING OF FLAMMABLE LIQUIDS)
REGULATIONS

(Cap. 59. section 7)

[1 July 1976.1

PART 1

PRELIMINARY

1. These regulations may be cited as the Factories and Industrial
Undertakings (Spraying of Flammable Liquids) Regulations.

2. In these regulations, unless the context otherwise requires--

,,employee' means a person employed in any process involving the use
of a flammable liquid.

'F.R.P. has the meaning assigned to it In regulation 182 of the Building
(Construction) Regulations:

---flammableliquid- means any liquid having a flash point below 32 C,

-flammable liquid spraying process- means the application of a
flammable liquid or of a mixture containing flammable liquid to an
article by the atomisation of the liquid or mixture through the nozzle
of a spraying apparatus under pressure:

'flash point'. means. in relation to any liquid. the lowest temperature. if
any. at which such liquid will ill give off vapour which will ill ignite
or explode if mixed with ith air and exposed to a naked light.

---openair- means a space which

(a) is vertically uncovered and unobstructed;

(b)is not less, in any horizontal dimension. than 1.3 metres. and

(c)where such space is enclosed on 4 sides. has a horizontal area
of not less than 0. 1 square metre for every 600 millimetres of
the mean height of the walls enclosing the space:

-spraying area- means the area referred to in regulation 4(1)(b);

..spraying room- means the room referred to in regulation 4(1)(a)

3. These regulations apply to any. industrial undertaking in which
any flammable liquid spraying process is carried on.





PART 11

DUTIES OF
PROPRIETORS

4. (1) No flammable liquid spraying process shall be carried on
except in

(a) a spraying room constructed of materials-

(i) in the case of floors, walls and ceilings, having an F.R.P.
of not less than 1 hour; and

(11) in the case of windows and doors, being capable of
resisting the action of fire for a period of not less than 1, hour
and complying with the specifications set forth in Tables F
and G respectively in the Third Schedule to the Building
(Construction) Regulations; or

(b)a spraying area set aside for the purpose, and then only if the
spraying process is carried on inside a booth or cabinet which
is completely enclosed except in so far as openings are
necessary to enable the work to be carried out or for
ventilation purposes as required by regulation 5.

(2) All ducts, trunking, hoods, booths. cabinets and casings
provided or used in connexion with a flammable liquid spraying process
shall be capable of resisting the action of fire for a period of not less
than 1 hour.

2

5. Where a flammable liquid spraying process is carried on either in
a spraying room or a spraying area, any such room or area, including in
the case of a spraying area any booth or cabinet within such area, shall
be efficiently ventilated to open air by mechanical means adequate to
remove from any such room, area, booth or cabinet any flammable
vapour mist or spray arising from the spraying process.

6. A proprietor shall not permit-

(a) any person to smoke; or

(b)the presence of any naked flame or other means likely to ignite
vapour from a flammable liquid,

inside any spraying room, spraying area or within a distance of 6 metres
of any spraying area.

7. (1) A proprietor shall display or cause to be displayed in a
prominent position inside every spraying room and spraying area,
including in the case of a spraying area any booth or cabinet within
such area, at least 2 notices in both English and Chinese as follows

'NO SMOKING-NO NAKED FLAMES





(2) Any notices displayed in accordance with paragraph (1) shall
bear English capital letters and Chinese characters at least 100
millimetres in height and each letter and character shall be red in colour
on a white background.

8. All electrical equipment likely to be exposed to a flammable
atmosphere arising from a flammable liquid spraying process shall be

(a) so constructed and designed; and

(b) so installed and maintained,

as to prevent, as far as reasonably practicable, the ignition of the
flammable atmosphere.

9. (1) Every spraying room and spraying area. including in the case
of a spraying area any booth or cabinet within such area, shall be
provided with portable fire extinguishing appliances of the type and
quantity specified in the Schedule.

(2) All fire extinguishing appliances required by paragraph (1) shall
be

(a)so placed or fitted having regard to the size and situation of
the spraying room, spraying area or of any booth or cabinet
within such area as to be readily available for use: and

(b)regularly checked. inspected and maintained so as to ensure
the proper functioning of the appliance In the event of fire.

10. (1) Subject to paragraph (3). any flammable liquid which is
present inside a spraying room or spraying area or inside any booth or
cabinet within such area shall be stored in a strong metal box. bin or
tank. or similar metal container. fitted with a self-closing lid.

(2) Every metal box,. bin. tank or metal container used for the
storage of a flammable liquid in accordance with paragraph (1) shall be

(a)inscribed in bold capital letters in English and in Chinese
characters on the outside thereof. in the following manner

'FLAMMABLELIQUID'


(b)so far as practicable be so designed, constructed. installed,
placed and maintained as to avoid leakage.

(c)kept closed when any, flammable liquid spraying process is in
operation.

(3) The quantity of any flammable liquid stored at any one time in
any spraying room. spraying area or in any booth or cabinet within
such area in accordance with this regulation shall be as small as is
reasonably practicable having regard to





(a) the nature of the spraying process being carried on., and

(b) the safety of the premises and any person therein.

(4) The provisions of this regulation shall be in addition to and
not in substitution for any provision relating to the keeping or
storage of a flammable liquid to which the Dangerous Goods
Ordinance applies.

11. (1) Every spraying room, spraying area and every booth
or cabinet within such area shall at all times be kept clean and tidy.

(2) Where any flammable liquid has been spilled on any floor.
wall, door or ceiling, or on any piece of equipment, fitting or fixture,
immediate steps shall be taken to remove, contain. draw-off or
otherwise treat such spill so as to make the premises as safe as
reasonably practicable.

(3) Where a deposit of any solid waste residue on any surface
may give rise to a risk of fire. such deposit shall be removed forth-
with.

12. (1) No cotton waste, cleaning rags or other materials
which have come into contact or become contaminated with a
flammable liquid shall be allowed to remain in any spraying room or
spraying area or in any booth or cabinet within such area unless
contained in a strong metal box or similar metal container fitted with
a self-closing lid.

(2) All cotton waste, cleaning rags or other materials which
have come into contact or become contaminated with a flammable
liquid shall, unless stored in accordance with paragraph (1). be
removed without delay from the spraying room or spraying area or
from any booth or cabinet situated within such area, to a safe place.

PART 111

DUTIES OF PERSONS EMPLOYED

13. Any person who has used cotton waste, cleaning rags or
other materials for the purpose of removing, containing, drawing-off
or otherwise treating deposits or spills of any flammable liquid shall
comply with regulation 12.

14. Every employee shall make full and proper use of all
ventilating equipment at all such times as such equipment is required
to be put into use in accordance with these regulations.

15. Every employee shall report forthwith to the proprietor
any fault or defect in-

(a)any ventilating apparatus, fire extinguishing appliance or
any electrical appliance including any cable, wire switch or
plug; or





(b)any pipe or conduit or container used for the conveyance or
storage of any flammable liquid.

PART IV

OFFENCES AND PENALTIES

16. (1) In the event of a contravention of regulation 4, 5, 8, 9, 10(1),
(2) or (3), 11 or 12, the proprietor of the industrial undertaking shall be
guilty of an offence and shall be liable on conviction to a fine of $30,000.

(2) The proprietor of any industrial undertaking who-
(a) contravenes regulation 6 or 7; or
(b) permits or suffers a contravention of regulation 12,

shall be guilty of an offence and shall be liable on conviction to a fine of
530.000.

(3) Any person who-
(a) contravenes regulation 13. 14 or 15. or

(b)smokes or uses a naked flame inside any spraying room,
spraying area or within a distance of 6 metres of any spraying
area,

shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000.

SCHEDULE [reg. 9(1).]

TYPE AM) QUANTITY OF FIRE EXTINGUISHING APPLIANCES

AS REQUIRED BY REGULATION 9(1)

per
TyPe appliance Quantity

1. Bucket (galvanised iron) of sand9 litres 2
AND
2. (a) Bromochlorodinuoromethane 1.4 kg 1 for c,. cry
room or area
(B. C. F.) of 40 square metres or less.
ro or
(b) Carbon dioxide 2 kg 1 for every room or area
of 33 square metres or less.
or
(c.) Dry powder (gas expelled) 2 kg 1 for every.
room or area
of 33 square metres or less.
or
(d) Foam (chemical) 9 litres 1 for 'cry room
or area
of 40 square metres or less.
L.N. 69/76. L.N. 324/81. L.N. 238/84. Citation. Interpretation. (Cap. 123, sub. leg.) L.N. 238/84. L.N. 238/84. Application of regulations. Construction of spraying room or spraying area etc. (Cap. 123, sub. leg.) Ventilation. Sources of ignition and prohibition of smoking. L.N. 238/84. Notices to be displayed. L.N. 238/84. Electrical equipment. Provision of fire extinguishing appliances. Schedule. Storage of flammable liquid. (Cap. 295.) Cleanliness. Disposal of cotton waste etc. Removal of contaminated material, etc. Employees' duties to comply with regulations etc. Employee's duty to report defects. Offences and penalties. L.N. 324/81. L.N. 238/84. L.N. 238/84.

Abstract

L.N. 69/76. L.N. 324/81. L.N. 238/84. Citation. Interpretation. (Cap. 123, sub. leg.) L.N. 238/84. L.N. 238/84. Application of regulations. Construction of spraying room or spraying area etc. (Cap. 123, sub. leg.) Ventilation. Sources of ignition and prohibition of smoking. L.N. 238/84. Notices to be displayed. L.N. 238/84. Electrical equipment. Provision of fire extinguishing appliances. Schedule. Storage of flammable liquid. (Cap. 295.) Cleanliness. Disposal of cotton waste etc. Removal of contaminated material, etc. Employees' duties to comply with regulations etc. Employee's duty to report defects. Offences and penalties. L.N. 324/81. L.N. 238/84. L.N. 238/84.

Identifier

https://oelawhk.lib.hku.hk/items/show/2342

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:06:02 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (WORK IN COMPRESSED AIR) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2341

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (WORK IN COMPRESSED AIR) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(WORK IN COMPRESSED AIR) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

PART I

PRELIMINARY

1. Citation ................................. ... ... ... ... ... ... M 3
2. Application .............................. ... ... ... ... ... ... M 3
3. Interpretation............................ ... ... ... ... ... ... ... M 3

PART 111

COMPRESSED AIR
OPERATIONS

4. Construction and maintenance of bulkheads, etc. ... ... ... ... M 4

5.........................Supervision of compressed air operations ... ... ... ... ... ... M4

6..............Air supply plant ......... ... ... ... ... ... ... ... ... ... M 5

7.........Air supply ....................... ... ... ... ... ... ... ... ... M 5

PART III

MAN-LOCKS AND WORKING
CHAMBERS

8. Man-locks ............................. ... ... ... ... ... ... ... M 5

9. Use of man-locks ......................... ... ... ... ... ... ... M 7
10. Man-lock attendants ................... ... ... ... ... ... ... ... M 8
11. Duties of lock attendants ............. ... ... ... ... ... ... ... ... M 8

12. Employment in compressed air at a pressure exceeding 14 pounds per

square inch ............................ ... ... ... ... ... ... M 9

13. Entrance to and exit from a working chamber ... ... ... ... ... M 9

14. Temperature in a working chamber ...... ... ... ... ... ... ... M 9

15. Health facilities ........................ ... ... ... ... ... ... ... M10

PART IV

DECANT LOCKS

16...........Decant locks ................... ... ... ... ... ... ... ... ... M 10
17...........Use of decant locks ............ ... ... ... ... ... ... ... ... ... M10

18.......................Medical practitioner to be informed ... ... ... ... ... ... ... M11
19.......................Transfer from man-lock to decant lock ... ... ... ... ... ... ... M11

20. Time limit for transfer......... ... ... ... ... ... ... ... ... ... M11

C

PART V







MEDICAL LOCKS

21............Medical locks .............. ... ... ... ... ... ... ... ... ... M11
22............Use of medical locks ....... ... ... ... ... ... ... ... ... ... ... M 12

23................Medical lock attendants ... ... ... ... ... ... ... ... ... ... M 13





Regulation .......................Page
PART VI
MEDICAL SUPERVISION

24. Appointment of medical practitioners by contractors ... ... ... ... M 13

25. Appointment of medical practitioner by employers other than contractors M 14

26. Medical supervision and certification ....... ... ... ... ... ... M 14
27. Compressed air health registers, etc . ... ... ... ... ... ... ... M15

28. Radiographic examinations ................... ... ... ... ... ... M 16

29. Duty to submit to medical examination .... ... ... ... ... ... M 16

PART VII

MISCELLANEOUS

30. Notification of work in compressed air ... ... ... ... ... ... ... M 16

31. Employment of persons without previous experience ... ... ... ... M 16

32. Advisory leaflets ........................... .... ... ... ... ... M 17

33. Personal labels .......................... ... ... ... ... ... ... M 17

34. Consumption of alcohol and smoking .......... ... ... ... ... ... M 17

35. Duty to follow instructions of lock attendants ... ... ... ... ... M 17

36. Supply of food and hot drinks ............ ... ... ... ... ... M 17
37. Fire fighting procedure and fire drills ... ... ... ... ... ... ... M 17

38. Offences and penalties ................... ... ... ... ... ... ... M 18

First Schedule. Purity of Compressed Air ... ... ... ... ... ... ... ... ... M 19
Second Schedule. Compression Procedure ... ... ... ... ... ... ... ... ... M 19
Third Schedule. Decompression Procedure ... ... ... ... ... ... ... ... ... M 20

Fourth Schedule...Forms........................... ... ... ... ... ... ... ... M 30





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(WORK IN COMPRESSED AIR) REGULATIONS

(Cap. 59, section 7)

[1st April, 1976.]

PART 1
PRELIMINARY

1. These regulations may be cited as the Factories and In

dustrial Undertakings (Work in Compressed Air) Regulations.

2. These regulations shall apply to

(a) construction work carried out in compressed air;

(b) contractors engaged in such construction work; and

(c) persons employed in compressed air and their employers.

3. (1) In these regulations, unless the context otherwise

requires

'appointed medical practitioner' means a medical practitioner appointed
under regulation 24;

'compressed air' means air mechanically raised to a pressure higher
than atmospheric pressure;

'construction site' means a place where construction work in
compressed air is carried out and also any area in the immediate
vicinity of any such place which is used for the storage of materials
or plant used or intended to be used for the purpose of the
construction work;

'decant lock' means a double compartment lock, other than a medical
lock, used for the recompression and decompression of persons;

'decanting' means the rapid decompression of persons in a manlock to
atmospheric pressure followed promptly by their recompression in
a decant lock, where they are then decompressed according to the
appropriate Decompression Table in the Third Schedule;

&,employer' means any person who has entered into a contract of
employment to employ any other person as an employee and the
duly authorized agent, manager or factor of such first mentioned
person;

'lock attendant' means the person in charge of a man-lock or decant
lock and who is immediately responsible for controlling the
compression, recompression or decompression of persons
employed in compressed air;





'man-lock' means any lock, other than a medical lock or decant lock,
used for the compression or decompression of persons entering or
leaving a working chamber;

'medical lock means a double compartment lock, other than a decant
lock, used for the therapeutic recompression and decompression of
persons suffering from the ill-effects of decompression;

'new starter' means a person

(a)who has not at any time been employed in compressed air; or

(b)who, having been previously employed in compressed air, has
not been re-employed in compressed air for a period exceeding
14 consecutive days;

'pressure' means air pressure in pounds per square inch above
atmospheric pressure;

'working chamber- means the part of the construction site where
construction work in compressed air is carried out, but does not
include a man-lock, medical lock or decant lock;

'working pressure' means pressure to which persons in a working
chamber are exposed.

(2) For the purposes of these regulations, a person shall be deemed
to be employed in compressed air if he is exposed to pressure for the
purposes of or in connexion with any construction work.

PART II

COMPRESSED AIR OPERATIONS

4. Every bulkhead, air lock or other structure used in connexion
with construction work in compressed air shall be of good construction,
sound material and adequate strength and shall be properly maintained.

5. (1) Where a contractor carries out any construction work in
compressed air, the contractor shall appoint a person who has
substantial training and practical experience in such construction work
to be in charge of the construction work.

(2) A person appointed under paragraph (1) shall, at all times when
any person is employed in compressed air at a construction site, be

(a) in charge of the construction work; and

(b) in attendance on the construction site.





6. (1) The air supply plant for the production and supply of
compressed air to any man-lock, working chamber, medical lock or
decant lock shall be of suitable design.

(2) The contractor shall appoint a suitably qualified or experienced
person to be in charge of the air supply plant at a construction site.

(3) A person appointed under paragraph (2) shall, at all times when
any person is employed in compressed air at a construction site, be

(a) in charge of the air supply plant; and

(b) in attendance on the construction site.

7. (1) The compressed air supplied to any man-lock, working
chamber, medical lock or decant lock shall conform to the specifications
in the First Schedule or such other specifications as may be approved
by the Commissioner in writing.

(2) The supply of compressed air to a working chamber shall be
sufficient to provide, at the pressure in the working chamber, not less
than 10 cubic feet per minute per person in the working chamber.

(3) A reserve compressed air supply shall be available for the
medical lock.

PART 111

MAN-LOCKS AND WORKING CHAMBERS

8. (1) Every man-lock shall be of adequate internal dimensions and
capacity for the purposes for which it is used.

(2) Every man-lock shall-

(a)have efficient means of verbal communication between the
lock attendant and any person in the man-lock or working
chamber, and between persons in the man-lock and the
working chamber;

(b)have means enabling any person in the man-lock to convey
visible signals to the lock attendant outside;

(c)have an independent supply of fresh air which can be used for
ventilation and for compression in case of a fire in the working
chamber;

(d) be protected from the weather and the sun;

(e) have adequate lighting.





(3) Every man-lock shall be provided with suitable equipment
including--

(a) pressure gauges which will readily indicate-

(i) to the lock attendant the pressure in the man-lock and in
each working chamber to which the man-lock affords direct or
indirect access; and

(ii) to persons in the man-lock the pressure in the man-lock;

(b)valves or taps controlling the flow of air into and from the man-
lock such as will enable careful compression and accurate
decompression to be carried out according to the procedures
prescribed in the Second and Third Schedules respectively;
and

(c)a clock or clocks so positioned that the lock attendant and any
person in the man-lock can readily ascertain the time.

(4) All furniture and equipment in a man-lock shall be of
incombustible or fire proofed material.

(5) Every man-lock and its equipment shall be maintained in a
reasonably clean state.

(6) Where heating is provided for the purposes of paragraph (9)(d),
the heating system shall be controlled thermostatically or manually.

(7) The wirings of the lighting and heating systems of a manlock
shall be of mineral insulated copper cable, complying with the British
Standard 6207 or equivalent standard, and the systems shall be such
that there is no fire hazard.

(8) A notice which can be easily read, indicating---

(a)the precautions to be taken by persons during their
compression or decompression and after decompression; and

(b)the maximum number of persons who may normally be
accommodated in the man-lock,

approved by the Commissioner; and

(ii) be in English and Chinese.

(9) When the pressure in a man-lock exceeds 14 pounds per square
inch

(a)the man-lock shall have not less than 45 cubic feet of space
per person and a sitting space of not less than 2 feet in width
(with back support) per person;

(b)the man-lock shall be ventilated to ensure that the carbon
dioxide partial pressure does not exceed 1 per cent of 1
atmosphere when a sample is measured at atmospheric
pressure;





(c)if the man-lock is used for timed decompression exceeding 30
minutes, a chemical closet shall be provided and shall be
regularly serviced;

(d)when the man-lock is used for decompression, the temperature
in the man-lock shall not be allowed to fall below MC, nor to
rise above 27 C for more than 5 consecutive minutes;

(e)there shall be a pressure recording gauge, which shall be
accurate to within half a pound per square inch, and the
recording on the man-lock decompression chart shall be as
approved by the Commissioner; and

(f) if a circular recording chart is used it shall rotate at a speed of
not less than once in 4 hours.

(10) When the pressure in a man-lock exceeds 14 pounds per square
inch, the arrangements controlling the flow of air shall be such that any
person inside the man-lock is able to control the inflow of air but unable
to reduce the pressure except under the control of the lock attendant or
through a special valve to be operated only in an emergency.

(11) The special valve provided under paragraph (10) shall normally
be kept so sealed or protected as to discourage its operation in
circumstances other than emergencies and a notice explaining the use of
the special valve in English and Chinese shall be affixed near the special
valve.

9. When the pressure in a working chamber exceeds 14 pounds per
square inch

(a)the man-lock shall, subject to paragraph (b), be used solely for
the compression or decompression of persons;

(b)where it is not reasonably practicable to provide a separate
man-lock for persons only, the single man-lock giving access
to the working chamber shall not be used simultaneously for
the compression or decompression of persons and the
passage of plant or material other than tools or instruments
carried by hand by persons for the purposes of the
construction work:

Provided that in the case of an emergency a single man-
lock may be used simultaneously for the compression or
decompression of persons and the passage of plant or
material, and where the man-lock is so used the contractor
shall keep a record signed by him of such use and particulars
of the emergency;

(c)a 'blister' type man-lock shall be used for timed decompression
only when the total decompression time does not exceed 20
minutes.





10. (1) Every man-lock shall, whilst any person is employed in
compressed air in the man-lock or in a working chamber to which the
man-lock affords direct or indirect access, be under the charge of a lock
attendant and the lock attendant shall be in attendance at the man-lock
at all such times.

(2) Where persons are employed in compressed air at a pressure
exceeding 14 pounds per square inch

(a)the lock attendant in charge shall be a person who has
completed a suitable training course designed to familiarize him
with the problems associated with compression, decompression
and decompression sickness and with the keeping of records
under these regulations; and

(b)there shall be not less than 3 lock attendants available for duty
in respect of each man-lock.

(3) No lock attendant shall be on duty for more than 12 hours in
any 1 shift.

11. (1) The lock attendant in charge of a man-lock shall-

(a) control the compression of all persons in the man-lock;

(b)carry out the compression of all such persons according to the
compression procedure prescribed in the Second Schedule;

(c)control the decompression of all persons who have been
employed in compressed air; and

(d)where a person has been employed in compressed air at a
pressure exceeding 14 pounds per square inch, carry out the
decompression of that person according to the decompression
procedure prescribed in the Third Schedule.

(2) Where any person is employed in compressed air in a working
chamber, the lock attendant in charge shall

(a)record in the lock attendant's register in Form 1 of the Fourth
Schedule all the particulars specified therein in respect of that
person; and

(b)keep in his custody the lock attendant's register and any man-
lock decompression chart and give them to the person
appointed under regulation 5(1).

(3) Where a person is employed in compressed air at a pressure
exceeding 14 pounds per square inch on more than 1 occasion in any 12-
hour period, the lock attendant in charge shall ensure that such person
carries a properly completed compressed air worker's transfer record in
Form 2 of the Fourth Schedule.

(4) The contractor and the person appointed under regulation 5(1)
shall ensure that the lock attendant in charge of a man-lock complies
with paragraphs (1), (2) and (3).





12. (1) Subject to paragraph (2), no employer shall employ a person
in compressed air at a pressure exceeding 14 pounds per square inch on
more than 3 occasions in any 24-hour period.

(2) Paragraph (1) shall not apply-

(a)in the case of an emergency where the employer authorizes
that any person may be so employed on more than 3 occasions
in any 24-hour period, in which case the employer shall keep a
record signed by him of such employment and particulars of
the emergency;

(b)to a person who is a supervisor or is engaged on maintenance
work provided that

(i) such person shall not be so employed on more than 5
occasions in any 24-hour period;

(ii) such employment is not for more than half an hour on
any 1 occasion;

(iii) there is an interval of not less than 11 hours between
each such employment; and

(iv) the maximum pressure at which such person is so
employed does not exceed 30 pounds per square inch.

(3) A person who is employed in compressed air at a pressure
exceeding 14 pounds per square inch shall spend not less than 12
consecutive hours at atmospheric pressure in any 24-hour period.

(4) Except in the case of an emergency, no person shall be
employed in compressed air at a pressure exceeding 50 pounds per
square inch without permission from the Commissioner.

13. When no lock attendant is inside a man-lock or working
chamber, the arrangements shall be such as to enable any person
employed in compressed air inside the man-lock or working chamber to
control the doors of the man-lock or working chamber in order to leave
or enter the working chamber in the case of an emergency.

14. (1) No person shall be employed in compressed air in any part
of a working chamber where the wet bulb temperature exceeds 27C,
except where

(a) it is essential to carry out emergency work; or

(b)the Commissioner has given permission in writing, upon
application made by the contractor.

(2) Permission granted under paragraph (1)(b) may be subject to
such conditions and limitation on working hours as the Commissioner
may specify.

(3) A wet bulb thermometer, in good working order, shall be
provided in every working chamber and the lock attendant in charge
shall record the readings of the thermometer at the end of each shift in
the lock attendant's register in Form 1 of the Fourth Schedule.





15. (1) There shall be provided and maintained for the use of
persons employed in compressed air

(a)clothes lockers and adequate and suitable facilities for the
changing and drying of clothes;

(b)adequate and suitable facilities for washing, including
showers, soap and clean towels; and

(c)adequate and suitable facilities for remaining on the
construction site for one hour after decompression from
pressure exceeding 14 pounds per square inch.

(2) Where meals are taken in the working chamber, cupboard space
shall be provided for food. All drinks shall be kept in covered
containers.

(3) A chemical closet shall be provided in every working chamber
and shall be regularly serviced.

PARTIV

DECANT LOCKS

16. (1) A decant lock shall-

(a)be a double compartment lock similar to a medical lock so that
any person taken ill during decompression may be individually
recompressed

(b)be capable of withstanding a pressure of not less than 10
pounds per square inch above the maximum pressure used or
likely to be used in the working chamber at any time;

(c) be situated as near as possible to the man-lock;

(d) be protected from the weather and the sun; and

(e)be maintained, heated and ventilated in the same manner as a
man-lock.

(2) Each compartment of a decant lock shall be provided with

(a)exhaust valves that will enable accurate decompression to be
carried out according to the Decompression Tables in the
Third Schedule;

(b)a pressure recording gauge, which shall be accurate to within
half a pound per square inch and the recording on the chart
shall be as approved by the Commissioner;

(c)if a circular recording chart is used it shall rotate at a speed of
not less than once in 4 hours.

17. Decanting may be carried out only-

(a)where, because of lack of space, it is not practicable to provide
a separate man-lock (in addition to the lock used for the
passage of plant or material) as a means of egress from a
working chamber to the open air;





(b)where persons require a decompression procedure lasting
more than 20 minutes and their only means of egress
from a working chamber is through a 'blister' type of lock;
(e)under any conditions where, because of the numbers of
persons involved and the inadequate size of the man-lock,
the normal decompression procedure in Part 11 of the
Third Schedule could be associated with delay that might
be detrimental to the safety and health of those persons.

18. Where decanting is to be carried out, the appointed
medical practitioner shall be informed.

19. The transfer of persons from the man-lock to the decant
lock shall be so arranged that it does not involve the climbing of
ladders or other strenuous exercise.

20. The total time spent on-

(a) the primary decompression of a person in the man-lock;
(b) his transfer from that man-lock to the decant lock; and

(c) his recompression in the decant lock,
shall, except when this is not reasonably practicable, not exceed
5 minutes.

PART V

MEDICAL LOCKS

21. (1) Subject to paragraph (2), where persons are employed
in compressed air in a working chamber at a pressure exceeding
14 pounds per square inch, a suitably constructed medical lock
shall be provided and maintained.

(2) Where more than 100 persons are so employed at a con-
struction site, a medical lock shall be provided for every 100 persons
or part thereof.

(3) Every medical lock shall be situated as near as possible
to the man-lock.

(4) Every medical lock shall-
(a)have not less than 6 feet clear headroom at its highest
point;
(b)have 2 compartments so that it can be entered while under
pressure;

(c)have efficient means of verbal communication and means
of giving non-verbal signals, between persons inside and
outside the medical lock and between persons in compart-
ments of the medical lock;





(d)have one or more windows through which any person in either
compartment of the medical lock can be observed from the
outside;

(e) be adequately ventilated;
be protected from the weather and the sun;

(g)have adequate lighting and heating and the heating system
shall be controlled thermostatically or manually.

(5) The wirings of the lighting and heating systems of a medical
lock shall be of mineral insulated copper cable, complying with the
British Standard 6207 or equivalent standard, and the systems shall be
such that there is no fire hazard.

(6) Every medical lock shall be provided with suitable equipment
including

(a)a pressure recording gauge, which shall be accurate to within
half a pound per square inch and the recording on the chart
shall be as approved by the Commissioner;

(b)if a circular recording chart is used it shall rotate at a speed of
not less than once in 4 hours;

(c) a couch not less than 6 feet in length;

(d) blankets and dry garments;

(e)a water type (gas expelled) fire extinguisher and 2 buckets of
dry sand for fire fighting; and

a food and hot drinks cupboard space.

(7) Every medical lock and its equipment shall be maintained in a
clean state.

(8) A chemical closet shall be provided in every medical lock and
shall be regularly serviced.

(9) All furniture and equipment in a medical lock shall be of
incombustible or fire proofed material and all bedding and other
furnishings shall be treated so as to be fire retardant.

(10) A medical lock shall be capable of withstanding a pressure of
not less than 10 pounds per square inch above the maximum pressure
used or likely to be used in the working chamber at any time.

(11) The temperature in a medical lock, when in use, shall not fall
below WC, nor rise above 27C for more than 5 consecutive minutes.

22. (1) A medical lock shall not be used for any purpose other than
a therapeutic purpose:

Provided that this paragraph shall not apply where a medical lock is
used

(a)for the training and testing of persons without previous
experience of compressed air work; or





(b) in case of an emergency.

(2) A medical lock shall, at all times, be kept ready for
immediate use.

23. (1) Every medical lock shall be under the charge of a
medical lock attendant and the medical lock attendant shall be in
attendance at the medical lock-
(a)whilst any person is employed in compressed air at a
pressure exceeding 14 pounds per square inch;
(b) whilst any person is being treated in the medical lock;
(c)for 24 hours after the last man-lock decompression from a
pressure exceeding 14 pounds per square inch has taken
place.

(2) A medical lock attendant shall, when on duty, have im-
mediate access to all records of pressures and other relevant in-
formation regarding conditions in the man-lock and working
chamber.

(3) A medical lock attendant shall-
(a)be a person trained in first aid as defined in regulation
55 of the Construction Sites (Safety) Regulations;
(b)have completed a suitable training course designed to
familiarize him with the problems associated with com-
pression, decompression and decompression sickness and
with the keeping of records under these regulations;

(c) be medically fit; and
(d)be willing to go into compressed air at any working
pressure.

(4) There shall be not less than 3 medical lock attendants
available for duty in respect of each medical lock.

(5) No medical lock attendant shall be on duty for more than
12 hours in any 1 shift.

PART VI

MEDICAL SUPERVISION

24. (1) Subject to regulation 25, where any construction work
in compressed air is carried out, the contractor shall appoint a
medical practitioner to supervise all medical matters which may
arise in connexion with the construction work.

(2) The contractor shall notify the Commissioner in writing
of the name and address of any medical practitioner appointed
under paragraph (1).





(3) An appointed medical practitioner shall be-

(a)conversant with the problems associated with work in
compressed air and the medical aspects of such work;
(b) conversant with the provisions of these regulations;

(c) medically fit;

(d)willing to go into compressed air at any working pressure;
and

(e)on call at all times when construction work in compressed
air is in progress.

(4) The duties of an appointed medical practitioner shall be-

(a)to examine medically persons for fitness for employment
in compressed air;

(b) to supervise medical lock attendants;

(c) to treat decompression sickness and other conditions; and

(d) to supervise the keeping of-
(i) the compressed air workers' medical cards in Form
3 of the Fourth Schedule;
(ii) the compressed air workers' decompression sickness
case sheets in Form 4 of the Fourth Schedule; and
(iii) the compressed air workers' individual records in
Form 5 of the Fourth Schedule.

25. (1) Where a contractor is not the employer of a person
employed or proposed to be employed in compressed air the
employer shall appoint a medical practitioner to examine medically
such person for fitness for such employment.

(2) The employer shall notify the Commissioner in writing of
the name and address of any medical practitioner appointed under
paragraph (1).

(3) The medical practitioner appointed under paragraph (1)
shall be deemed to be the appointed medical practitioner for the
purposes of regulations 26, 27(1) and (2) and 28.

26. (1) Subject to paragraphs (2) and (3), no person shall be
employed in compressed air unless he has been examined by an
appointed medical practitioner and certified by him, by a signed
entry in the person's compressed air health register in Form 6 of
the Fourth Schedule to be fit for such employment.

(2) In the case of a person who-

(a)is a new starter, the certificate of fitness under paragraph
(1) shall be obtained not more than 3 days prior to the
employment;





(b)is not a new starter and who continues to be employed in
compressed air at a working pressure not exceeding 14
pounds per square inch, the certificate of fitness under
paragraph (1) shall be obtained not less than once in
every 3 months;
(e)is not a new starter and who continues to be employed in
compressed air at a working pressure exceeding 14 pounds
per square inch, the certificate of fitness under paragraph
(1) shall be obtained not less than once in every 4 weeks.

(3) Notwithstanding that a person has been certified fit for
employment in compressed air under this regulation, he shall not
be so employed if he is suffering from a cold in the head, chest
infection, sore throat or earache.

(4) A person who is required to be employed in compressed
air and who is suffering from a cold in the head, chest infection,
sore throat or earache shall report the matter to the person appointed
under regulation 5(1).

(5) Any person suffering from a cold in the head, chest infec-
tion, sore throat, earache or any other illness or injury necessitating
absence from work for more than 3 consecutive days shall be
re-examined by an appointed medical practitioner and certified
by him to be fit for employment in compressed air before he resumes
such employment.

27. (1) For every person employed in compressed air the
employer shall maintain a compressed air health register in Form
6 of the Fourth Schedule of which-
(a) Part I shall be filled in by the employer; and
(b)Part 11 shall be filled in by the appointed medical
practitioner.

(2) The compressed air health register for every person
employed in compressed air shall be kept by the employer whilst
such person is in his employment, except at times when it is required
by such person or the appointed medical practitioner for the
purposes of these regulations, and shall be given to such person
on the termination of the employment.

(3) The compressed air worker's decompression sickness
case sheet in Form 4 of the Fourth Schedule shall be filed by the
medical lock attendant together with the relevant medical lock
recording gauge charts.

(4) The employer shall keep in his possession for 5 years, or
such shorter period as the Commissioner may agree in writing in
any particular case. copies of Forms 3, 4 and 5 of the Fourth
Schedule in respect of any person employed by him in compressed
air.





28. (1) Every person employed in compressed air at a pressure
exceeding 14 pounds per square inch shall undergo a radiographic
examination of his major joints within 4 weeks after such employment,
unless the person has had such an examination during the 6 months
immediately preceding such employment.


(2) Every person who continues to be employed in compressed air
at a pressure exceeding 14 pounds per square inch shall undergo the
examination referred to in paragraph (1) at intervals of about, but not
less than, 6 months.


(3) Any radiographic examination required under this regulation
shall be arranged by the appointed medical practitioner with the
approval of the employer and the cost of the examination shall be borne
by the employer.

(4) The appointed medical practitioner shall enter the particulars of
a radiographic examination under this regulation in the compressed air
worker's medical card in Form 3 of the Fourth Schedule.

29. Every person employed or proposed to be employed in
compressed air shall submit himself for medical examination in
accordance with these regulations.

PART VII

MISCELLANEOUS

30. A contractor shall, before he commences for the first time any
construction work in compressed air at a pressure exceeding 14 pounds
per square inch, notify in Form 7 of the Fourth Schedule

(a) a factory inspector;

(b) the Senior Industrial Health Officer;
(c) the police station nearest to the construction site; and

(d) the fire services station nearest to the construction site.

31. (1) No person shall be employed in compressed air unless

(a) he has had previous experience of such work; or

(b)if he has not had such experience, he is accompanied by a
person experienced in such work.

(2) In the case of a person not previously employed in compressed
air, compression shall not be carried out unless he is accompanied in the
man-lock by a person competent to advise him as to the appropriate
conduct of persons during compression.





(3) A person who has not previously been employed in
compressed air at a pressure exceeding 14 pounds per square inch shall
work his first shift for not exceeding 4 hours, and such shift shall
coincide with the latter part of a normal shift period so that the person is
decompressed together with the other members of the shift who have
previously been so employed.

32. Before any person is employed in compressed air for the first
time, the employer shall give such person a leaflet in Form 8 of the
Fourth Schedule and shall cause the contents of the leaflet to be
explained to such person.

33. (1) Where a person is employed in compressed air at a pressure
exceeding 14 pounds per square inch, the employer shall give such
person a suitable and durable label, to be worn next to the body, for the
guidance of others should the person be taken ill after leaving work,
indicating that the person has been employed in compressed air and
giving the address of the medical lock to which he should be conveyed
if taken ill.

(2) A person who has been employed in compressed air at a
pressure exceeding 14 pounds per square inch shall wear the label
referred to in paragraph (1) next to his body at all times during the 24
hours immediately following such employment.

34. (1) No person shall consume alcohol whilst he is employed in
compressed air.

(2) No person under the influence of alcohol shall undergo
compression in any lock other than in a medical lock.

(3) No person shall smoke whilst he is employed in compressed air.

35. No person shall wilfully-

(a) obstruct; or

(b) delay or refuse to follow any instruction given by,

a lock attendant or medical lock attendant in the course of his duties.

36. Food and hot drinks shall be available to persons undergoing
treatment in a medical lock.

37. The contractor shall-

(a)display in a prominent position on the construction site the
procedure to be followed in the event of an outbreak of fire
and such procedure shall be approved by the Director of Fire
Services;





(b)ensure that every person employed in compressed air is familiar
with the procedure referred to in sub-paragraph (a); and

(c)hold a fire drill on the construction site not less than once in
every month during the duration of the construction work.

38 (1) If re regulation 4, 6(1) or 21(1) or (2) is contravened, the
contractor tor shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000.

(2) An contractor who fails to comply with regulation 11(4) shall be
guilty of an offence and shall be liable on conviction to a fine of $10,000.

(3) Any contractor who fails to comply with regulation 5(1), 6(2), 24(1)
or (2), 30 or 37 shall be guilty of an offence and shall be liable on conviction
to a fine of $5,000.

(4) If regulation 7, 8, 9, 10, 12(4), 13, 14, 15, 16, 17, 20, 21(3) to (11)
inclusive, 22 or 23 is contravened, the contractor shall he guilty of an
offence and shall be liable on conviction to a fine of $5,000.

(5) If regulation 18, 19, 27(3) or 36 is contravened, the contractor shall
be guilty of an offence and shall be liable on conviction to a fine of
$2,000.

(6) Any employer who fails to comply with regulation 12 or
25(1) or (2) shall be guilty of an offence and shall be liable on
conviction to a fine of $5,000.

(7) If regulation 26(1), (2), (3) or (5), 28(1), (2) or (3) or 3] is
contravened, the employer shall be guilty of an offence and shall be
liable on conviction to a fine of $5,000.

(8) Any employer who fails to comply with regulation 27(1), (2) or
(4), 32 or 33(1) shall be guilty of an offence and shall be liable on
conviction to a fine of $2,000.

(9) A person appointed under regulation 5(1) who fails to comply
with regulation 5(2) or 11(4) shall be guilty of an offence and shall be
liable on conviction to a fine of $2,000.

(10) If regulation 18, 19, 20, 22, 26(3) or 27(3) is contravened, the
person appointed under regulation 5(1) shall be guilty of an offence and
shall b be liable on conviction to a fine of $2,000

(11) A person appointed under regulation 6(2) who fails to

comply with regulation 6(3) shall be guilty of an offence and shall
be liable on conviction to a fine of $2,000.

(12) Any lock attendant who fails to comply with regulation 11(1), (2)
or (3) shall be guilty of an offence and shall be liable on
conviction to a fine of $2,000.




(13) Any person who

(a)without reasonable excuse fails to comply with regulation
26(4), 29 or 33(2); or

(b) contravenes regulation 34 or 35,

shall be guilty of an offence and shall be liable on conviction to a
fine of 'p c, v` c

FIRST SCHEDULE [reg. 7(1).]

PURITY OF COMPRESSED AIR

A sample of air taken from a working chamber, man-lock, medical lock or
decant lock ~1 not contain impurities in excess of the limits given in the Table.

Table (See Note below)

Carbon monoxide 10 parts per million
Carbon dioxide 500 parts per million
Oil 1 MalMa

Water The air shall be as dry as possible and shall not
give rise to condensation of moisture at the maximum
filling pressure and a minimal service temperature
Of SIC.
At ambient temperature below SIC there is
a risk of freezing inside the chamber or lock, and
particular attention shall be given to the air
under thew circumstances. The air shall be dried
chemically under extremely cold conditions.

Odour and cleanliness The air shall be free from all odour and con-
tamination by dust, dirt and metallic particles,
and shall not contain any other toxic ingredient.
(See Note below)
Note:Odour and cleanliness of compressed air are difficult to check accurately
without special equipment. A rough check may be made by opening

the cylinder valve and smelling the ~ping air, and by noting any

he

discolouration or wetness when the air is passed through tissue or filter
paper

SECOND SCHEDULE [regs. 8 11 (1).]

COMPRESSION
PROCEDURE
(Regulation 11 (1)

The procedure for the compression of persons shall be as follows-

(1)The pressure shall not, in the first minute after st~ compression, be
increased to more than 5 pounds per square inch.





(2)When the pressure referred to in sub-paragraph (1) is reached, the
pressure shall not be further increased until after the lapse of a period
sufficiently long to enable the lock attendant to discover whether or not
any person in the man-lock complains of discomfort.

(3)After the lapse of the period referred to in sub-paragraph (2), the pressure
shall be increased at a rate not faster than 10 pounds per square inch per
minute.

(4)Subject to sub-paragraphs (1), (2) and (3), the pressure shall be increased
gradually so as to ensure as far as possible that no person in the manlock
suffers discomfort.

(5)If any person in the man-lock complains of discomfort during
compression, that compression shall be stopped immediately. If the
discomfort does not cease quickly the pressure shall be gradually
decreased. If the discomfort does not cease during decompression, the
person concemed shall be released from the man-lock when atmospheric
pressure is reached and required to report to the medical lock attendant.

THIRD SCHEDULE [regs. 3, 8, 11 (1),

16 17.1

DECOMPRESSION PROCEDURE
(Regulation 11(1)

PART I

General

1. The decompression of persons who have been employed in compressed air
at a pressure exceeding 14 pounds per square inch shall be according to the
Decompression Tables in this Schedule.

2. For the purposes of this Schedule--

'basic pressure' means the highest pressure at which a person has been employed
in compressed air during a working period;

working period' means the period, or the sum of the periods, during which, since
last subject to ordinary atmospheric pressure for not less than 12 hours, a
person is exposed to pressure.

PART II

Normal Decompression

3. Except where decanting under Part III is carried out, the procedure for the
decompression of a single person, or 2 or more persons whose working periods and
basic pressures fall within the same range, shall be as follows

(1)Before the decompression is commenced, the lock attendant shall ascertain
that the recording pressure gauge is in good working order and correctly
zeroed.

(2)The working period and basic pressure of such person or persons, as the
case may be, shall be ascertained in order to determine which
Decompression Table shall apply.

(3)The pressure shall be reduced at the rate of approximately 5 pounds per
square inch per minute to, but not lower than, the first stage according to
the appropriate Decompression Table.

(4)The pressure under sub-paragraph (3) shall be maintained for the number






of minutes prescribed in the Decompression Table.





(5)The pressure maintained under sub-paragraph (4) shall then be reduced at
the rate of approximately 5 pounds per square inch per minute to the
next stage of the Decompression Table.

(6)The procedure in sub-paragraphs (4) and (5) shall be followed until
decompression is completed.

(7)If an automatic apparatus is used to control the decompression, the lock
attendant shall ensure that the decompression procedure is accurate. If
the automatic apparatus fails in any way, the lock attendant shall control
the decompression manually according to the procedure in this paragraph
and shall inform the person appointed under regulation 5(1).

4. When 2 or more persons, whose working periods or basic pressures do not
fall within the same range, are being decompressed in the man= the procedure for
decompression shall be that prescribed in paragraph 3 except that for the purposes
of sub-paragraph (2) of that paragraph the longest working period and the highest
basic pressure of any one of such persons shall be taken for the application of the
appropriate Decompression Table.

5. Where a person in a man-lock collapses or is taken all during
decompression, the lock attendant in charge shall raise the pressure in the man-
lock to the pressure in the working chamber and shall report the matter
immediately to the medical lock attendant on duty. The lock attendant shall then
follow the instructions of the medical lock attendant or the appointed medical
practitioner on duty.

PART III

Decanting

6. The procedure for the decanting of persons be as follows-

(1)The persons shall be decompressed in the man-lock rapidly but at a speed
that does not cause them discomfort.

(2) The persons shall then be transferred to the decant lock.

(3)The persons shall be recompressed to a pressure of 1 pound per square
inch above the basic pressure.

(4)The pressure under sub-paragraph (3) shall be maintained for 5 minutes.

(5)Decompression shall then be carried out according to the appropriate
Decompression Table based on the pressure under sub-paragraph (3).

7. The rate of recompression in the decant lock may be at a speed faster than
that recommended for normal compression but at a speed that does not cause
discomfort to the persons in the lock.

8. If during recompression in the decant lock a person develops 'car block',
compression shall be stopped. If the affected person cannot clear his ears within 3
minutes, the decant lock shall be reduced to atmospheric pressure and that person
shall be removed from the decant lock. The remaining persons in the decant lock
shall be recompressed immediately. The affected person shall be transferred rapidly
back to the man-lock where he shall be given a careful recompression followed by
the requisite decompression. If the manlock is not available, the procedure shall be
carried out in the medical lock. In any event, the medical lock attendant shall be
informed at the first possible opportunity.





DECOMPRESSION TABLES

TABLE 1

WHERE THE WORKING PERIOD is NOT OVER 1 HOUR

Stage pressure (Pounds per square inch)

Basic pressure (see Note 2) Total time-
(Pounds per (minutes)
square inch) 28 24 20 16 12 8 4 (see Note 3)

14 to 16
16 to 18
18 to 20
20 to 22
22 to 24
24 to 26
26 to 28
28 to 30
30 to 32 5 5
32 to 34 5 5
34 to 36 5 5
36 to 38 5 5
38 to 40 5 5
40 to 42 10 10
42 to 44 10 10
44 to 46 is is
46 to 48 5 10 is
48 to 50 5 is 20

Notes:

1.Decompress at a rate not faster than 5 pounds per square inch per minute.

2.Decompress between stages at a rate of 5 pounds per square inch per
minute.

3. Not including time between stages.

4.Where alternative decompression procedures are given (e.g. 46 pounds per
square inch) the longer decompression procedure should always be chosen.





TABLE 2

WHERE THE WORKING PERIOD is OVER 1 HOUR BUT up To
AND INCLUDING 1 HOUR

Stage pressure (Pounds per square inch)

Basic pressure (see Note 2) Total time-
(Pounds per (minutes)
square inch) (see Note 3)
28 24 20 16 12 8 4

14 to 16

16 to 18

18 to 20

20 to 22

22 to 24 5 5
24 to 26 5 5
26 to 28 10 10
28 to 30 15 15
30 to 32 20 20
32 to 34 5 20 25
34 to 36 5 30 35
36 to 38 5 35 40
38 to 40 10 40 so
40 to 42 10 45 55
42 to 44 5 10 50 65
44 to 46 5 is so 70
46 to 48 5 20 50 75
48 to 50 5 25 55 85

Notes:

1.Decompress at a rate not faster than 5 pounds per square inch per minute.

2.Decompress between stages at a rate of 5 pounds per square inch per
minute.

3. Not including time between stages.

4.Where alternative decompression procedures are given (e.g. 46 pounds per
square inch) the longer decompression procedure should always be chosen.





TABLE 3

WHERE THE WORKING PERIOD is OVER 1 HOUR BUT up To
AND
INCLUDING 11 HOURS

Maximum Stage pressure (Pounds per square inch)
working (see Note 2)Total time-
pressure (minutes)
(Pounds per (see Note 3)

square inch) 28 24 20 16 12 8 4

14 to 16 2 2
16 to 18 2 2
18 to 20 5 5
20 to 22 10 10
22 to 24 15 is
24 to 26 25 25
26 to 28 5 30 35
28 to 30 5 40 45
30 to 32 10 45 55
32 to 34 is so 65
34 to 36 20 55 75
36 to 38 5 20 60 85
38 to 40 5 30 60 95
40 to 42 10 35 60 105
42 to 44 Is 40 60 115
44 to 46 5 20 40 60 125
46 to 48 5 25 45 60 135
48 to 50 5 30 so 60 145

Notes.

1.Decompress at a rate not faster than 5 pounds per square inch per minute.

2.Decompress between stages at a rate of 5 pounds per square inch per
minute.

3. Not including time between stages.

4.Where alternative decompression procedures are given (e.g. 46 pounds -per
square inch) the longer decompression procedure should always be chosen.





TABLE 4

WHERE THE WORKING PERIOD 15 OVER 11 HOURS BUT
UP TO
AND INCLUDING 2 HOURS

maximum Stage pressure (Pounds per square inch)
working (see Note 2)Total time-
pressure (minutes)
(Pounds per (see Note 3)

square inch) 28 24 20 16 12 1 4

14 to 16 2 2
16 to 18 5 5
18 to 20 10 10
20 to 22 20 20
22 to 24 30 30
24 to 26 5 40 45
26 to 28 5 50 55
28 to 30 15 so 65
30 to 32 25 50 75
32 to 34 5 25 60 90
34 to 36 5 35 60 100
36 to 38 10 40 60 110
38 to 40 15 45 60 120
40 to 42 5 20 45 60 130
42 to 44 5 25 50 60 140
44 to 46 10 30 50 60 150
46 to 48 5 10 35 50 60 160
48 to 50 5 is 40 50 60 170

Notes:

I.Decompress at a rate not faster than 5 pounds per square inch per minute.

2.Decompress between stages at a rate of 5 pounds per square inch per
minute.

3. Not including time between stages.

4.Where alternative decompression procedures given (e.g. 46 pounds per
square inch) the longer decompression procedure should always be chosen.





TABLE 5

WHERE THE WORKING PERIOD is OVER 2 HOURS BUT up To

AND INCLUDING 21 HOURS

Maximum Stage pressure (Pounds per square inch)
working (see Note 2)Total time-
pressure (minutes)
(Pounds per (see Note 3)

square inch) 28 24 20 16 12 8 4

14 to 16 5 5
16 to 18 10 10
18 to 20 20 20
20 to 22 30 30
22 to 24 5 40 45
24 to 26 10 45 55
26 to 28 is 55 70
28 to 30 20 60 80
30 to 32 5 30 60 95
32 to 34 10 35 60 105
34 to 36 15 40 60 115
36 to 38 5 15 45 60 125
38 to 40 5 25 45 60 135
40 to 42 10 30 45 60 145
42 to 44 is 35 45 60 155
44 to 46 5 15 35 50 60 165
46 to 48 5 25 35 50 60 175
48 to 50 10 25 40 50 60 185

Notes:

1.Decompress at a rate not faster than 5 pounds per square inch per minute.

2.Decompress between stages at a rate of 5 pounds per square inch per
minute.

3. Not including time between stages.

4.Where alternative decompression procedures are given (e.g. 46 pounds per
square inch) the longer decompression procedure should always be chosen.





TABLE 6

WHERE THE WORKING PERIOD is OVER 21 HOURS BUT
UP TO
AND INCLUDING 3 HOURS

Maximum Stage pressure (Pounds per square inch)
working (see Note 2)Total time-
pressure (minutes)
(Pounds per (see Note 3)

square inch) 28 24 20 16 12 8 4

14 to 16 5
16 to 18 is is
18 to 20 25 25
20 to 22 40 40
22 to 24 5 so 55
24 to 26 is so 65
26 to 28 20 60 80
28 to 30 5 30 60 95
30 to 32 10 35 60 105
32 to 34 15 40 60 115
34 to 36 5 20 40 60 125
36 to 38 5 25 45 60 135
38 to 40 10 30 45 60 145
40 to 42 is 35 45 60 155
42 to 44 5 20 35 50 60 170
44 to 46 10 20 40 so 60 180
46 to 48 is 25 40 so 60 190
48 to 50 5 is 30 40 50 60 200

Notes:

1.Decompress at a rate not faster than 5 pounds per square inch Per minute

2.Decompress between stages at a rate of 5 pounds per square inch per
minute.

3. Not including time between stages.

4.Where alternative decompression procedures are given (e.g. 46 pounds per
square inch) the longer decompression procedure should always be chosen.





TABLE 7

WHERE THE WORKING PERIOD is OVER 3 HOURS BUT UP TO

AND INCLUDING 4 HOURS

Maximum Stage pressure (Pounds per square inch)
working (see Note 2)Total time-
pressure (minutes)
(Pounds per (see Note 3)

square inch) 28 24 20 16 12 8 4

14 to 16 10 10
16 to 18 20 20
18 to 20 35 35
20 to 22 5 45 so
22 to 24 10 55 65
24 to 26 20 55 75
26 to 28 5 30 55 90
28 to 30 5 40 60 105
30 to 32 is 40 60 115
32 to 34 20 45 60 125
34 to 36 5 30 45 60 140
36 to 38 10 35 45 60 150
38 to 40 5 15 35 45 60 160
40 to 42 5 20 40 45 60 170
42 to 44 10 25 40 45 60 180
44 to 46 5 10 30 40 45 60 190
46 to 48 5 20 30 40 45 60 200
48 to 50 10 20 35 40 50 60 215

Notes:

1.Decompress at a rate not faster than 5 pounds per square inch per minute.

2.Decompress between stages at a rate of 5 pounds per square inch per
minute.

3. Not including time between stages.

4.Where alternative decompression procedures are given (e.g. 46 pounds per
square inch) the longer decompression procedure should always be chosen.





TABLE 8

WHERE THE WORKING PERIOD is OVER 4 HOURS BUT UP TO
AND INCLUDING 8 HOURS

Maximum Stage pressure (Pounds per square inch)

working (see Note 2) Total time-

pressure (minutes)

(Pounds per (see Note 3)

square inch) 28 24 20 16 12 8 4

14 to 16 is Is
16 to 18 30 30
18 to 20 45 45
20 to 22 5 55 60
22 to 24 15 60 75
24 to 26 30 60 90
26 to 28 5 35 60 100
28 to 30 10 45 60 115
30 to 32 20 45 60 125
32 to 34 5 30 45 65 145
34 to 36 10 35 45 70 160
36 to 38 20 35 45 80 180
38 to 40 5 25 40 so 85 205
40 to 42 10 30 40 50 90 220
42 to 44 5 15 30 40 55 100 245
44 to 46 5 20 35 40 60 110 270
46 to 48 10 25 35 45 65 120 300
48 to 50 5 10 30 40 45 70 130 330

Notes:

1.Decompress at a rate not faster than 5 pounds per square inch per minute,.

2.Decompress between stages at a rate of 5 pounds per square inch per
minute.

3. Not including time between stages.

4.Where alternative decompression procedures are given (e.g. 46 pounds per
square inch) the longer decompression procedure should always be chosen.





FOURTH SCHEDULE

FORM 1 [regs. 11 & 14.]

FACTORIES AND INDUSTRIAL UNDERTAKINGS (WORK IN COMPRESSED AIR) REGULATIONS

LOCK ATTENDANT'S REGISTER


Constractor .............................. Date .............................

Construction Site................................. Wet bulk temperature .................. 9, 3*

Name of lock attendant ...............................................

Record all times as a.m. or p.m.






FORM 2 [reg. 11(3).]

FACTORIES AND INDUSTRIAL UNDERTAKINGS (WORK IN COMPRESSED AIR)
REGULATIONS

COMPRESSED AIR WORKER'S TRANSFER RECORD

This record is to be retained by the person to whom it is issued. Entries are to be made by the lock attendant who will also make
the necessary entries in the
lock attendant's register (Form 1).
Name of Worker: ...........................................................................





FORM 3 [regs. 24, 27 & 28.]

FACTORIES AND INDUSTRIAL UNDERTAKINGS (WORK IN
COMPRESSED AIR) REGULATIONS

COMPRESSED AIR WORKER'S MEDICAL CARD

CONFIDENTIAL



Contract: ......... Date: ....................


Full name of worker: ................... Date of birth: .................


Permanent address: ..........................................
Employment (this contract): ................. Recent occupation: active/sedentary





Medical history



Ever declared unfit for employment in compressed air? Yes/No


Operations .......................................................................................



Injuries .............................................................................................


Bronchitis Yes/No Asthma Yes/No Hay fever Yes/No

Sinusitis Yes/No Diabetes Yes/No Fits Yes/No

Ear trouble Yes/No Hernia Yes/No

Signature ..........................................................................................



Medical examination

Height: ...Weight: ..........


Lungs: ........... Heart: ... Blood pressure:......... Ears: ............

Joints: ..............Urine:............... Eustachian tubes patent: Yes/No

Test in lock: Yes/No Fit for employment in compressed air: Yes/No

Any reservations? ..............................................................................



Doctor's signature: ..............................................................................



Add any further notes:........................................................................





FORM 4 [regs. 24 & 27.]


FACTORIES AND INDUSTRIAL UNDERTAKINGS
(WORK IN
COMPRESSED AIR) REGULATIONS



COMPRESSED AIR WORKER'S DECOMPRESSION SICKNESS
CASE SHEET


Contract: .......... Date: ....................

Full name of worker: ................... Identification: ......................


Occupation: ....... Activity: Manual/Supervisory/Sedentary


Maximum working pressure: ....Decanted: Yes/No


If multiple exposures-how many? ..............................

Total exposure time: ..............................

Was decompressed according to tables? Yes/No

Man-lock temp.: ....max............. min. Man-lock CO ...........

Shift: Day.........Back ......Night .............



Shift if new starter: 1st, 2nd, 3rd, 4th, 5th

Shift if after absence of 7 days: 1st, 2nd, 3rd, 4th, 5th

'Cold' infection: head or chest Yes/No






Type 1 (bends)

Site of pain: .......... Localized: Yes/No Spreading: Yes/No

How soon after decompression: .................. Time decompression finished: ..........

Any injury to affected part: Yes/No Excessive use of limbs: Yes/No

Any symptom other than pain: ...............................................................

Type 2

Signs and symptoms . ...........................................................................

Circulatory: Yes/No Respiratory: Yes/No Visual: Yes/No


Neurological: Yes/No Skin mottling: Yes/No Skin irritation: Yes/No

Vomiting: Yes/No

Treatment


Time commenced: ...Time completed: ...........................


Pressure of relief: ................ Highest pressure used: ................

Method of decompression: ............... Number of recompressions: ....................

Residual symptoms: ...........................................................................

Fit for employment in compressed air again: Yes/No (if in doubt, refer to the
appointed medical practitioner)


Evidence of recurrence after leaving medical centre: Yes/No





FORM 5 [regs. 24 27.]

FACTORIES AND INDUSTRIAL UNDERTAKINGS (WORK IN COMPRESSED
AIR) REGULATIONS

COMPRESSED AIR WORKER'S INDIVIDUAL AIR RECORD


Contract: ..........................................................................................

Name of worker: ........Date of birth: ..................

Identification: ................

Occupation: ............Shift worker: Yes/No ..................



Total days employed in compressed air: ...................................................






FORM 6 [regs. 26 & 27.]

FACTORIES AND INDUSTRIAL UNDERTAKINGS (WORK IN
COMPRESSED AIR) REGULATIONS


COMPRESSED AIR HEALTH REGISTER

PART I

Person to whom this register relates


(To be filled in by the employer)

Name: ..........................................

Address: .......................................

Date of birth: .................................

Name, address and telephone number of the appointed medical practitioners:

1. .............................................................................................
2..............................................................................
............................................
...........................................
3.....................................


PART II



Certificate of examination of the person named in Part I of this register as
to his fitness for employment in compressed air

(To be filled in by the appointed medical practitioners)





FORM 7 [reg. 30.]



FACTORIES AND INDUSTRIAL UNDERTAKINGS
(WORK IN
COMPRESSED AIR) REGULATIONS

NOTIFICATION OF COMMENCEMENT
OF WORK IN COMPRESSED AIR

(To be completed and sent before commencement of construction work
in compressed air)

To: * Factory Inspector, Labour Department, Hong Kong

* The Senior Industrial Health Officer, Labour Department, Hong Kong

! The ............Police Station
! The ............Fire Station


(Chop of company or firm)

Signature .................................

Position ....................................

Date .......................................

* delete where necessary
! name of police or fire services station nearest to the construction site





FORM 8 [reg. 32.]

FACTORIES AND INDUSTRIAL UNDERTAKINGS
(WORK IN

COMPRESSED Ant)
REGISTRATIONS

(Regulation 32)

ADVISORY LEAFLET FOR ISSUE TO PERSONS WHO WORK

IN OR ENTER COMPRESSED AIR

Read these rules carefully make sure you understand them

for your own sake-follow them

Persons who work in or enter compressed air sometimes get pains in their
joints soon after leaving the working chamber. These pains are called---the bends',
'caisson sickness', or just 'pains'. They may occur in muscles and other parts of
the body. They can almost always be avoided. Pain is sometimes felt in the cars or
head during compression. This too can be avoided.

Very rarely a more serious kind of 'bends' may occur and a person may even
'pass out' suddenly. Immediate recompression is necessary. This is why it is so
important that you always wear the label you have been given in case you get the
'bends' when you are away from the construction site.

A certain number of persons who work in or enter compressed air develop,
after a time, small areas of damage in some of their bones. If these affect the hip or
shoulder joints arthritis may follow. Failure to obey these rules will increase the risk
of bone damage.

YOU MUST NOT WORK IN OR ENTER COMPRESSED AIR UNTIL

YOU HAVE BEEN PASSED AS FIT BY THE DOCTOR

DO not go to work in or enter compressed air if you have a cold in the head,
chest infection, sore throat or earache. If you have any of these complaints, you
must report to the supervisor in charge of the compressed air operations at the
construction site. If you have been off sick through any illness or injury for more
than 3 days, you must be re-examined by the appointed medical practitioner before
you go back into compressed air.

You must be passed medically fit before you start work in or enter compressed
air. If the working pressure is over 14 pounds per square inch, you must be
examined by the appointed medical practitioner at least once every 4 weeks. If the
working pressure is below 14 pounds per square inch, you must be so examined at
least once every 3 months.

The lock attendant has to keep a record of all persons who enter and leave
the lock, and also has to control all decompression. Always obey his instructions.

YOU MUST ALWAYS WEAR THE LABEL ISSUED TO YOU

If you get an attack of 'bends' get back to the construction site as quickly as
you can and report to the medical lock attendant who will arrange for treatment in
the medical lock.

You must never drink alcohol in compressed air, and smoking is also
forbidden.

If you have not worked in or entered compressed air before you must not
enter the lock unless an experienced compressed air worker is with you.











if the rate of compression is not controlled by the lock attendant, the
contractor employing you may tell the leading man to take charge of the valves
which let in the compressed air. If you feel pain or discomfort, warn the leading
man or lock attendant at once, and compression will be stopped. If the pain does
not go, pressure will be reduced slowly and you will be let out of the lock.

TO REDUCE THE RISK OF 'BENDS' DECOMPRESSION MUST

BE CARRIED OUT STRICTLY ACCORDING TO THE RULES

Decompression is usually in 2 stages, the first quick and the second very slow,
though other methods can be allowed under the Regulations.

The lock attendant must control all decompressions. Do not try to interfere
with his control. You can get in touch with him by means of the speaking tube, the
telephone or the observation window.

Attacks of 'bendS' usually start within 11 hours after decompression. If the
working pressure is over 40 pounds per square inch you should stay near the medical
lock for at least 11 hours. If it is less than this you should stay near the medical
lock for at least an hour.

IN THE INTERESTS OF YOUR HEALTH OBEY THESE RULES

IF YOU DO NOT-YOU MAY BECOME SERIOUSLY ILL

LABOUR DEPARTMENT

HONG KONG

1978 L.N. 273/75. L.N. 161/78. L.N. 73/76. Citation. Application. Interpretation. Third Schedule. Construction and maintenance of bulkheads, etc. L.N. 161/78. Supervision of compressed air operations. Air supply plant. L.N. 161/78. Air supply. L.N. 161/78. First Schedule. Man-locks. L.N. 161/78. Second Schedule. Third Schedule. Use of man-locks. Man-lock attendants. Duties of lock attendants. Second Schedule. Third Schedule. Fourth Schedule. Fourth Schedule. Employment in compressed air at a pressure exceeding 14 pounds per square inch. Entrance to and exit from a working chamber. Temperature in a working chamber. Fourth Schedule. Health facilities. L.N. 161/78. Decant locks. L.N. 161/78. Third Schedule. Use of decant locks. L.N. 161/78. Third Schedule. Medical practitioner to be informed. Transfer from man-lock to decant lock. Time limit for transfer. Medical locks. L.N. 161/78. Use of medical locks. Medical lock attendants. (Cap. 59, sub. leg.) Appointment of medical practitioners by contractors. Fourth Schedule. Fourth Schedule. Fourth Schedule. Appointment of medical practitioner by employers other than contractors. Medical supervision and certification. Fourth Schedule. Compressed air health registers, etc. Fourth Schedule. Fourth Schedule. Fourth Schedule. Radiographic examinations. Fourth Schedule. Duty to submit to medical examination. Notification of work in compressed air. Fourth Schedule. Employment of persons without previous experience. Advisory leaflets. Fourth Schedule. Personal labels. Consumption of alcohol and smoking. Duty to follow instructions of lock attendants. Supply of food and hot drinks. Fire fighting procedure and fire drills. Offences and penalties.

Abstract

L.N. 273/75. L.N. 161/78. L.N. 73/76. Citation. Application. Interpretation. Third Schedule. Construction and maintenance of bulkheads, etc. L.N. 161/78. Supervision of compressed air operations. Air supply plant. L.N. 161/78. Air supply. L.N. 161/78. First Schedule. Man-locks. L.N. 161/78. Second Schedule. Third Schedule. Use of man-locks. Man-lock attendants. Duties of lock attendants. Second Schedule. Third Schedule. Fourth Schedule. Fourth Schedule. Employment in compressed air at a pressure exceeding 14 pounds per square inch. Entrance to and exit from a working chamber. Temperature in a working chamber. Fourth Schedule. Health facilities. L.N. 161/78. Decant locks. L.N. 161/78. Third Schedule. Use of decant locks. L.N. 161/78. Third Schedule. Medical practitioner to be informed. Transfer from man-lock to decant lock. Time limit for transfer. Medical locks. L.N. 161/78. Use of medical locks. Medical lock attendants. (Cap. 59, sub. leg.) Appointment of medical practitioners by contractors. Fourth Schedule. Fourth Schedule. Fourth Schedule. Appointment of medical practitioner by employers other than contractors. Medical supervision and certification. Fourth Schedule. Compressed air health registers, etc. Fourth Schedule. Fourth Schedule. Fourth Schedule. Radiographic examinations. Fourth Schedule. Duty to submit to medical examination. Notification of work in compressed air. Fourth Schedule. Employment of persons without previous experience. Advisory leaflets. Fourth Schedule. Personal labels. Consumption of alcohol and smoking. Duty to follow instructions of lock attendants. Supply of food and hot drinks. Fire fighting procedure and fire drills. Offences and penalties.

Identifier

https://oelawhk.lib.hku.hk/items/show/2341

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

41
]]>
Tue, 23 Aug 2011 18:06:01 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (ABRASIVE WHEELS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2340

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (ABRASIVE WHEELS) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(ABRASIVE WHEELS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

PART I

PRELIMINARY

1. Citation ................................. ... ... ... ... ... ... L 2
2. Interpretation............................ ... ... ... ... ... ... ... L 2
3. Application .............................. ... ... ... ... ... ... L 3
4. Exceptions ............................... ... ... ... ... ... ... L 3

PART II

DUTIES OF
PROPRIETORS

5. Speeds of abrasive wheels ............. ... ... ... ... ... ... L 3

6. Speeds of spindles ....................... ... ... ... ... ... ... L 4

7. Mounting ................................. ... ... ... ... ... ... L 5

8. Provision of guards ................... ... ... ... ... ... ... ... L 5

9. Construction, maintenance, etc. of guards ... ... ... ... ... ... L 5

10.......................Tapered wheels and protection flanges ... ... ... ... ... ... ... L 5

11. Selection of abrasive wheels ... ... ... ... ... ... ... ... ... ... L 6

12. Machine controls................ ... ... ... ... ... ... ... ... ... L 6

13.......Rest ................................ ... ... ... ... ... ... ... L 6

14............Warning notice ................. ... ... ... ... ... ... ... ... L 6
15............Condition of floors............. ... ... ... ... ... ... ... ... ... L 6

PART III

DUTIES OF PERSONS
EMPLOYED

16..................Responsibilities of employees ... ... ... ... ... ... ... ... ... L 7

PARTIV

OFFENCES AND
PENALTIES

17. Offrnces and penalties ... ... ... ... ... ... ... ...





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(ABRASIVE WHEELS) REGULATIONS

(Cap. 59, section 7)

[1st January, 1976.1

PART 1
PRELIMINARY
1. These regulations may be cited as the Factories and
Industrial Undertakings (Abrasive Wheels) Regulations.

2. In these regulations, unless the context otherwise requires-

'abrasive wheel' means-
(a) a wheel, cylinder, disc or cone which consists wholly or
partly of abrasive particles held together by mineral,
metallic or organic bonds whether natural or artificial;
(b) a-
(i) mounted wheel or point; or
(ii) wheel or disc, having separate segments of abrasive
material;
(c) a wheel or disc-
(i) made of metal, wood or rubber; and
(ii) having any surface consisting wholly or partly of
abrasive material; and
(d) a wheel, disc or saw to any surface of which, in each case,
is attached a rim or segments consisting of diamond
abrasive particles,
and which is, or is intended to be, power driven and which is
for use in any grinding or cutting operation;

,,employee' means a person who in an industrial undertaking is
employed in using any abrasive wheel in any grinding or cutting
operation;
mounted wheel or point' means a wheel or point consisting in
either case of abrasive particles held together by mineral,
metallic or organic bonds whether natural or artificial and
securely and permanently mounted on the end of a mandrel
or quill;
overhang', in relation to a mounted wheel or point, means that
part of the mandrel or quill which is exposed between the collet
in which the mandrel or quill is held and the part of the abrasive
material nearest to that collet.





3. Subject to regulation 4, these regulations shall apply to any
abrasive wheel used for any grinding or cutting operation in any
industrial undertaking.

4. (1) Regulations 5, 6, 9(a) and (b) and 10 shall not apply to any
abrasive wheel manufactured of metal, wood or rubber and having any
surface consisting wholly or partly of abrasive material.

(2) Regulations 9(a) and (b) and 10 shall not apply to any abrasive
wheel which consists wholly of abrasive particles held together by
natural bonds.

(3) Regulation 5 shall not apply to any abrasive wheel having
separate segments of abrasive material.

(4) Regulations 5, 6, 8(1), 9 and 10 shall not apply to any abrasive
wheel which

(i) does not exceed 235 millimetres in diameter;

(ii) is manufactured of rubber; and

(iii) has any surface consisting wholly or partly of abrasive
material,

when that abrasive wheel is used in a portable machine.

(5) Regulations 6, 8(1), 9 and 10 shall not apply to any abrasive
wheel when it is used for the grinding of glass.

(6) Regulations 5, 6 and 10 shall not apply to any wheel, disc or saw
to any surface of which, in each case, is attached a rim or segments
consisting of diamond abrasive particles.

PART II

DUTIES OF PROPRIETORS

5. (1) No abrasive wheel having a diameter of more than 55
millimetres shall be taken into use in any industrial undertaking for the
first time in that industrial undertaking after the coming into operation of
these regulations unless the abrasive wheel or its washer is clearly
marked, in English or Chinese, with the maximum permissible speed in
revolutions per minute specified by the manufacturer of that wheel.

(2) No abrasive wheel having a diameter of 55 millimetres or less
shall be taken into use in any industrial undertaking for the first time in
that industrial undertaking after the coming into operation of these
regulations unless there is kept permanently fixed in the room in which
grinding is ordinarily carried out with that wheel a notice, in English and
Chinese, stating the maximum permissible speed in revolutions per
minute specified by the manufacturer for that abrasive wheel or for
abrasive wheels of the class to which that abrasive wheel belongs and,
in the case of mounted wheels and points, the overhang permissible at
that speed:





Provided that when grinding with such an abrasive wheel is not
ordinarily carried out in any one room the notice shall be kept posted at
a place and in a position where it may easily be read by employees
employed in grinding with that abrasive wheel.

(3) No abrasive wheel shall be operated at a speed in excess of the
maximum permissible speed in revolutions per minute specified under
this regulation for that wheel:

Provided that where the diameter of an abrasive wheel has been
reduced its said maximum permissible speed may be increased to that
speed which bears the same proportion to the said maximum permissible
speed as the original diameter of the abrasive wheel bears to its reduced
diameter.

6. (1) There shall be securely affixed to every power driven machine
having any spindle on which an abrasive wheel is, or is intended to be,
mounted a notice, in English and Chinese, specifying

(a)in the case of each such spindle (other than a spindle to which
sub-paragraph (b) or (c) applies), its maximum working speed;

(b)in the case of any such spindle for which there are provided
arrangements for operating the spindle at more than one
specific working speed, each specific speed; and

(c)in the case of any such spindle for which there are provided
arrangements for operating the spindle at an infinite number of
working speeds within a specified range, the maximum and
minimum working speeds of the spindle.

(2) No spindle shall, while an abrasive wheel is mounted on it, be
operated at a speed in excess of the maximum working speed specified
under this regulation for that spindle.

(3) The proprictor of an industrial undertaking shall, when so
required by an inspector, provide the inspector with all such facilities
and information as are necessary to enable him to determine the working
speed of any spindle, shaft, pulley or other appliance which is used to
operate an abrasive wheel.

(4) The speed of every air driven spindle on which an abrasive
wheel is mounted shall be controlled by a governor or other device so
that the speed of the spindle does not at any time exceed the maximum
working speed specified for that spindle in accordance with paragraph
(1).

(5) Every governor and other device used for controlling the speed
of an air driven spindle on which an abrasive wheel is mounted shall be
properly maintained.





7. (1) Every abrasive wheel shall be properly mounted.

(2) An abrasive wheel shall not be mounted except by a person
who

(a)has been appointed in writing for that purpose by the
proprietor of an industrial undertaking; and

(b)is, by reason of training and practical experience, competent to
perform that operation.

8. (1) Except as provided in paragraph (2), a guard shall be provided
and kept in position at every abrasive wheel in motion.

(2) Paragraph (1) shall not apply to an abrasive wheel where, by
reason of the work being done, or of the work which is ordinarily done
(or, in the case of a new wheel, is intended ordinarily to be done), or the
nature of the wheel, the use of a guard is impracticable.

9. Every guard provided in pursuance of these regulations shall

(a)so far as is reasonably practicable, be of such design and
construction as to contain every part of the abrasive wheel in
the event of fracture of the abrasive wheel or any part thereof
occurring while the abrasive wheel is in motion;

(b)be properly maintained and so secured as to prevent its
displacement in the event of fracture; and

(c)enclose the whole of the abrasive wheel except such part as is
necessarily exposed for the purpose of work being done at
that abrasive wheel or, where a guard which is not adjustable
is used, for the purpose of the work which is ordinarily done
thereat (or, in the case of a new abrasive wheel, is intended
ordinarily to be done thereat).

10. (1) Where the work which is ordinarily done (or, in the case of a
new abrasive wheel, is intended ordinarily to be done) at any abrasive
wheel requires that the exposed area of the wheel shall exceed 180
degrees measured at the centre of the wheel then, where practicable, the
wheel shall be tapered from its centre towards its periphery by at least 6
per cent on each side and shall be mounted between suitable protection
flanges.

(2) Protection flanges between which any abrasive wheel is
mounted in accordance with paragraph (1) shall be of substantial
construction and properly maintained and shall have the same degree of
taper as the wheel and shall

(a)in the case of a wheel of 300 millimetres or less in diameter, be
of a diameter equal to at least half the diameter of the wheel;





(b)in the case of a wheel of more than 300 millimetres but not
exceeding 750 millimetres in diameter, be of a diameter equal to
at least the diameter of the wheel less 150 millimetres; and

(c)in the case of a wheel of more than 750 millimetres in diameter,
be of a diameter equal to at least the diameter of the wheel less
200 millimetres.

11. All practicable steps shall be taken to ensure that any abrasive
wheel used is suitable for the work for which it is used to the extent
necessary to reduce the risk of injury to employees.

12. No abrasive wheel shall be used in a machine unless the
machine is provided with an efficient device for starting and cutting off
the power to the machine and the control of the device shall be in such a
position and of such design and construction as to be readily and
conveniently operated by the person operating the machine.

13. (1) Where at an abrasive wheel there is a rest for supporting a
workpiece that rest shall at all times while the wheel is in motion be
properly secured and adjusted so as to be as close as practicable to the
exposed part of the abrasive wheel.

(2) Every rest shall be of substantial construction and properly
maintained. A

14. A warning notice, in English and Chinese and in a form
approved by the Commissioner, concerning the dangers arising from the
use of abrasive wheels and the precautions to be observed shall be
affixed in every room in which grinding or cutting by means of abrasive
wheels is ordinarily carried out, or, where such grinding or cutting is not
ordinarily carried out in a room, at a place and in such a position where it
may be easily read by employees.

15. (1) The floor immediately surrounding every fixed machine on
which an abrasive wheel is, or is intended to be, mounted shall be
maintained in good and even condition and shall, so far as practicable,
be kept clear of loose material and prevented from becoming slippery.

(2) All reasonably practicable steps shall be taken to ensure that
the floor of any room or place in which any portable machine on which
an abrasive wheel is mounted is in good and even condition, is kept
clear of loose material and is prevented from becoming slippery.





PART III

DUTIES OF PERSONS EMPLOYED

16. (1) No employee shall wilfully misuse or remove any guard, or
wilfully misuse any protection flange, machine control, governor or
other device provided in pursuance of these regulations or any rest for a
workpiece.

(2) Every employee shall make full and proper use of guards,
protection flanges, machine controls, governors and other devices
provided in pursuance of these regulations and of rests for workpieces
and if he discovers any defect in the same shall forthwith report such
defect to the proprietor.

PART IV

OFFENCES AND PENALTIES

17. (1) The proprietor of any industrial undertaking in respect of
which any of the provisions of regulation 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 or
15 are contravened shall be guilty of an offence and shall be liable
on conviction to a fine of $5,000

(2) Any employee who contravenes any of the provisions of
regulation 16 shall be guilty of an offence and shall be liable on
conviction to a fine $1,000.
L.N. 103/75. Citation. Interpretation. Application. Exceptions. Speeds of abrasive wheels. Speeds of spindles. Mounting. Provision of guards. Construction, maintenance, etc., of guards. Tapered wheels and protection flanges. Selection of abrasive wheels. Machine controls. Rest. Warning notice. Condition of floors. Responsibilities of employees. Offences and penalties.

Abstract

L.N. 103/75. Citation. Interpretation. Application. Exceptions. Speeds of abrasive wheels. Speeds of spindles. Mounting. Provision of guards. Construction, maintenance, etc., of guards. Tapered wheels and protection flanges. Selection of abrasive wheels. Machine controls. Rest. Warning notice. Condition of floors. Responsibilities of employees. Offences and penalties.

Identifier

https://oelawhk.lib.hku.hk/items/show/2340

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

7
]]>
Tue, 23 Aug 2011 18:06:01 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (CARGO HANDLING) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2339

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (CARGO HANDLING) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKING
(CARGO HANDLING) REGULATIONS

ARRANGEMENT OF REGULATIONS



Regulation................................... Page

PART 1

PRELIMINARY

1. Citation .............................. ... ... ... ... ... ... ...

2. Interpretation ...................... ... ... ... ... ... ... ... ... K2

PART 11

SAFETY
REQUIREMENTS

3. Access over docks, etc .................... ... ... .. ... ... ... ... ... K 2
4. Rescue from drowning....................... ... ... ... ... ... ... ... K 2

5. Lighting ................................ ... ... ... ... ... ... ... K 3

6. Electrical equipment ................. ... ... ... ... ... ... ... K 3

7. Maintenance and use of fork-lift trucks ... ... ... ... ... ... ... ... K 4

8. Removal of safety appliances, etc . .... ... ... ... ... ... ... ... ... K4

9. Stacking at docks, etc . .................. ... ... ... ... ... ... ... K 4

10. Safe means of stacking or unstacking ..... ... ... ... ... ... ... ... K 4

PART III

FIRST AID FACILITIES

11. Interpretation .............................. ... ... ... ... ... ... K4

12. Provision of first aid box or cupboard ... ... ... ... ... ... ... ... K 5

13. Standards of dressings ...................... ... ... ... ... ... ... K 5
14. Persons trained in first aid ........... ... ... ... ... ... ... ... ... K 5

is. Exemption where first aid room provided ... ... ... ... ... ... ... K 6

PART IV

MISCELLANEOUS
PROVISIONS

16. Exhibition of notices ..................... ... ... ... ... ... ... ... K 6

17. Offences .................................. ... ... ... ... ... ... K6

Schedule........................... ... ... ... ... ... ... ... ... ... ... ... K
7





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(CARGO HANDLING) REGULATIONS

(Cap. 59, section 7)

[21 July 1978.1

PART 1

PRELIMINARY

1. These regulations may be cited as the Factories and Industrial
Undertakings (Cargo Handling) Regulations.

2. In these regulations, unless the context otherwise requires

'cargo handling' means the loading, unloading or handling of cargo or
goods at a dock, quay or wharf,

'person employed' means a person employed in cargo handling;

'proprietor' means a proprietor in relation to an industrial undertaking
of cargo handling,

'working place' means any place on a dock, quay or wharf in which
persons are employed in cargo handling.

PART 11

SAFETY REQUIREMENTS

3. (1) A proprietor shall ensure that every regular approach over a
dock, quay or wharf which persons employed have to use for going to
or from a working place and every working place is maintained with due
regard to the safety of the persons employed.

(2) Without prejudice to the generality of paragraph (1), a
proprietor shall ensure that all breaks, dangerous corners,and other
dangerous parts or edges of the dock, quay or wharf are, as far as-is
practicable having regard to the traffic and cargo handling opera-
tions, securely fenced so that the height of the fence is in no place
less than 750 millimetres, and that the fencing is maintained in good
condition ready for use.

4. (1) A proprietor shall ensure that provision for the rescue
from drowning of persons employed is made and maintained.

(2) The provision required to be made under paragraph (1) shall

(a) include life-saving appliances;

(b)be reasonably adequate having regard to all the
circumstances; and





(c) be readily accessible for use on the dock, quay or wharf.

5. A proprietor shall ensure that all working places and any
dangerous parts of the regular road or way over a dock, quay or wharf,
forming the approach to any such place from the nearest highway, are
efficiently lighted whenever natural lighting is inadequate.

6. (1) A proprietor shall ensure that at every dock, quay or wharf
which is used for cargo handling

(a)electrical equipment and circuits are of such design,
construction and so installed, protected and maintained as to
prevent danger from contact and fire;

(b)electrical equipment and circuits are efficient, and suitably
located means are provided for cutting off all pressure from
every part of the system in case of accident or to prevent
danger;

(c)electrical equipment for use in places where there is an
explosion risk is of a suitable flameproof type for the
atmosphere in question;

(d)electrical equipment exposed to the weather is adequately
protected against wet or corrosion;

(e)portable electrical equipment is inspected by a competent
person at least once in every day of use;

(f) portable of flexible electric conductors are kept clear of
loads, running gear and moving equipment,

(g) portable electric lamps are used only-

(i) where adequate permanent fixed lighting cannot be
provided; and

(ii) at a pressure safe in the particular conditions of work.

(2) A proprietor shall not use, or cause or permit the use of, any
electrical equipment which does not comply with the requirements of
paragraph (1) or which is defective or otherwise unsafe.

(3) In paragraph (1)-

'competent person' means a person who is

(a)appointed in writing by the proprietor to inspect portable
electrical equipment; and

(b)by reason of training and practical experience, competent to
perform the inspection;

'pressure' means the difference of electrical potential between any
conductor through which a supply of energy is given, or between
any part of either conductor and the earth.





7. (1) The owner of a fork-lift truck shall not use the truck, or
cause or permit it to be used, for cargo handling unless

(a) it is properly maintained; and

(b)the person operating it is trained and competent to operate it.

(2) In paragraph (1), 'owner' includes the person by whom the
truck is kept and used and, if the truck is the subject of a hiring
agreement or hire purchase agreement, means the person in possession
of the truck under that agreement.

8. (1) No person shall, unless he is authorized by the proprietor or
except in case of necessity, remove or interfere with any fencing, life-
saving means or appliances, light or other thing whatsoever required by
this Part to be provided.

(2) If any thing is removed under paragraph (1), such thing shall be
restored, at the end of the period during which its removal was
necessary, by the person last engaged in the work that necessitated
such removal.

9. Where cargo or goods are placed on a dock, quay or wharf

(a)a clear passage leading to the means of access to a vessel
which is lying at the dock, quay or wharf shall be maintained
on the dock, quay or wharf, and

(b)if any space is left along the edge of the dock, quay or wharf,
it shall be at least 900 millimetres wide and clear of all
obstructions other than fixed structures, plant and appliances
in use.

10. Where stacking or unstacking of cargo or goods, or handling in
connexion therewith, cannot be safely carried out unaided by some
method of securing the cargo or goods, reasonable measures to guard
against accident shall be taken by shoring or otherwise.

PART Ill

FIRST AID FACILITIES

11. (1) In this Part, unless the context otherwise requires-

'person trained in first aid- means a person who-

(a)holds a current certificate of competency in first aid issued by
the St. John Ambulance Association;

(b)is a registered nurse within the meaning of the Nurses
Registration Ordinance; or





(c)has otherwise completed a course of training in first aid
approved by certificate under the hand of the Commissioner.

(2) For the purposes of this Part, the number of persons employed
in a working place shall be taken to be the number of persons actually
working therein at any one time.

12. (1) A proprietor shall provide and maintain in every working
place so as to be readily accessible a separate first aid box or cupboard
for each 100 persons or part thereof employed in the working place.

(2) Every first aid box or cupboard shall be of adequate capacity
and shall contain the items specified in Part 1, 11 or Ill, as the case may
be, of the Schedule and any additional items required to be provided
under paragraph (3).

(3) The Commissioner may by notice in writing require a proprietor
to keep all or any of the following items in a first aid box or cupboard

(a)a sufficient supply of assorted sizes of waterproof adhesive
wound dressings;

(b) a sufficient supply of waterproof adhesive plaster;

(c) a sufficient supply of eye baths.

(4) All items kept in a first aid box or cupboard in accordance with
this regulation shall be in good condition at all times.

(5) Nothing except appliances and requisites for first aid shall be
kept in a first aid box or cupboard.

(6) Every first aid box and cupboard shall be marked plainly 'FIRST
AID- in English and in Chinese.

(7) The Commissioner may by notice in writing require a proprietor
to provide a stretcher for any working place.

(8) A stretcher provided in accordance with a requirement under
paragraph (7) shall be

(a)kept alongside the first aid box or cupboard provided under
this regulation; and

(b) maintained in good condition at all times.

13. A proprietor shall ensure that all materials for dressings kept in
a first aid box or cupboard are those designated in, and of a grade or
quality not lower than the standards specified by, the British
Pharmaceutical Codex or any supplement thereto.

14. (1) Where 30 or more but less than 100 persons are employed in
a working place, a proprietor shall ensure that at least one person
trained in first aid is always readily available during working hours.





(2) Where 100 or more persons are employed in a working place, a
proprietor shall ensure that at least 2 persons trained in first aid are
always readily available during working hours.

(3) A proprietor shall affix to every first aid box or cupboard
provided by him under regulation 12 a notice in English and Chinese
specifying the names of the persons trained in first aid who are available
under paragraph (1) or (2) and the places where they can be found.

15. (1) If a proprietor provides a room on the dock, quay or wharf
for the sole purpose of providing first aid or medical treatment, and
makes arrangements so as to ensure the treatment therein of all injuries
occurring in any working place on the dock, quay or wharf, the
Commissioner may by notice in writing exempt the proprietor from the
requirements of this Part to such extent and subject to such conditions
as the Commissioner may specify in the notice.

(2) A notice of exemption under paragraph (1) shall be prominently
exhibited by a proprietor in the room provided.

PART IV

MISCELLANEOUS PROVISIONS

16. Notices in English and Chinese shall be exhibited by a
proprietor in prominent positions at every dock, quay and wharf which
is used for cargo handling stating

(a)the location of the rescue and life-saving appliances provided
under regulation 4;

(b)the location of first aid boxes or cupboards provided under
regulation 12;

(c)the position of the stretcher, if one is required to be provided
under regulation 12(7);

(d)where regulation 15 applies, the location of the room provided
for the treatment of injuries.

17. (1) Any proprietor who contravenes regulation 3, 4, 5 or 6 shall
be guilty of an offence and shall

(a)in respect of a contravention of regulation 3, 4 or 6, be liable
on conviction to a fine of 530,000; and

(b)in respect of a contravention of regulation 5, be liable on
conviction to a fine of 520,000.

(2) Any person who contravenes regulation 7, 8, 9 or 10 shall be
guilty of an offence and shall be liable on conviction to a fine of $10,000.





(3) Any proprietor who contravenes regulation 12(1), (2), (4), (5), (6)
or (8), 13, 14, 15(2) or 16 shall be guilty of an offence and shall be liable
on conviction to a fine of $10,000.

(4) Any proprietor who fails or refuses to comply with any
requirement of the Commissioner under regulation 12(3) or (7) shall be
guilty of an offence and shall be liable on conviction to a fine of $10,000.

SCHEDULE [reg. 12(2).]

FIRST AID EQUIPMENT TO BE KEPT IN A FIRST AID Box OR CUPBOARD

PART 1

Where the number of persons employed in a working place is less than 10

(a)A copy of the leaflet giving advice on first aid treatment issued by the
Commissioner.

(b)A sufficient number (not less than 6) of small sterilized unmedicated
dressings for injured fingers.

(c)A sufficient number (not less than 3) of medium sized sterilized
unmedicated dressings for injured hands or feet.

(d)A sufficient number (not less than 12) or adhesive wound dressings of
assorted sizes.

(c)A sufficient number (not less than 2) of triangular bandages of unbleached
calico, the longest side of which measures not less than 1.3 metres and each
of the other sides not less than 900 millimetres.

A sufficient supply (not less than 1 roll of 25 millimetres by 4.5 metres
zinc oxide plaster) of adhesive plaster.

(g)A sufficient number (not less than 3) of 30 grams packets of absorbent
cotton wool.

(h) A pressure bandage.

(i) Safety pins.

PART II

Where the number of persons employed in a working place is 10ormorebut
less than 50.

(a)A copy of the leaflet giving advice on first aid treatment issued by the
Commissioner.

(b)A sufficient number (not less than 12) of small sterilized unmedicated
dressings for injured fingers.

(c)A sufficient number (not less than 6) of medium-sized sterilized
unmedicated dressings for injured hands or feet.

(d)A sufficient number (not less than 24) of adhesive wound dressings of
assorted sizes.

(e)A sufficient number (not less than 4) of triangular bandages of unbleached
calico, the longest side of which measures not less than 1.3 metres and
each of the other sides not less than 900 millimetres.

(f)A sufficient supply (not less than 1 roll of 25 millimetres by 4.5 metres
zinc oxide plaster) of adhesive plaster.







(g)A sufficent number (not less than 6) of 30 grams packets of absorbent
cotton wool.

(h) A pressure bandage.

(i) Safety pins.





PART 111

Where the number of persons employed in a working place is 50 or more-
(a)A copy of the leaflet giving advice on first aid treatment issued by the
Commissioner.
(b)A sufficient number (not less than 24) of small sterilized unmedicated
dressings for injured fingers.
(c)A sufficient number (not less than 12) of medium-sized sterilized unmedic-
ated dressings for injured hands or feet.
(d)A sufficient number (not less than 36) of adhesive wound dressings of
assorted sizes.
(e)A sufficient number (not less than 8) of triangular bandages of unbleached
calico, the longest side of which measures not less than 1.3 metres and each
of the other sides not less than 900 millimetres.
(f)A sufficient supply (not less than 2 rolls of 25 millimetres by 4.5 metres zinc
oxide plaster) of adhesive plaster.
(g)A sufficient number (not less than 12) of 30 grams packets of absorbent
cotton wool.
(h) A pressure bandage.
(i) Safety pins.
L.N. 160/78. L.N. 321/81. L.N. 238/84. Citation. Interpretation. Access over docks, etc. L.N. 238/84. Rescue from drowning. Lighting. Electrical equipment. Maintenance and use of fork-lift trucks. Removal of safety appliances, etc. Stacking at docks, etc. L.N. 238/84. Safe means of stacking or unstacking. Interpretation. (Cap. 164.) Provision of first aid box or cupboard. Schedule. Standards of dressings. Persons trained in first aid. Exemption where first aid room provided. Exhibition of notices. Offences. L.N. 321/81. L.N. 238/84.

Abstract

L.N. 160/78. L.N. 321/81. L.N. 238/84. Citation. Interpretation. Access over docks, etc. L.N. 238/84. Rescue from drowning. Lighting. Electrical equipment. Maintenance and use of fork-lift trucks. Removal of safety appliances, etc. Stacking at docks, etc. L.N. 238/84. Safe means of stacking or unstacking. Interpretation. (Cap. 164.) Provision of first aid box or cupboard. Schedule. Standards of dressings. Persons trained in first aid. Exemption where first aid room provided. Exhibition of notices. Offences. L.N. 321/81. L.N. 238/84.

Identifier

https://oelawhk.lib.hku.hk/items/show/2339

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:06:00 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (LIFTING APPLIANCES AND LIFTING GEAR) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2338

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (LIFTING APPLIANCES AND LIFTING GEAR) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKING
(LIFTING APPLIANCES AND LIFTING GEAR)
REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

PART 1

PRELIMINARY

1. Citation .................................. ... ... ... ... ... ... J 2
2. Application................................ ... ... ... ... ... ... ... J 2

3. Interpretation ...................... ... ... ... ... ... ... ... ... J 2

PART 11

LIFTING APPLIANCES

4. Construction .............................. ... ... ... ... ... ... J 4

5. Lifting appliance to be tested and examined prior to use ... ... ... ... J 4
6. Lifting appliance in use to be periodically examined ... ... ... ... ... J 4

7. Register of examination to be kept by owner ... ... ... ... ... ... J 4

8. Precautions to be taken where lifting appliance has travelling or slewing motion J 5

9. Platforms for crane drivers and signallers ... ... ... ... ... ... ... J 5

10.............Cabins for drivers ............ ... ... ... ... ... ... ... ... ... J 5

11....................Marking of safe working loads ... ... ... ... ... ... ... ... ... J 6

12........................Load not to exceed the safe working load ... ... ... ... ... ... ... J 6

12A. Competent person to be in charge if load left suspended ... ... ... ... ... J 6

13....................Scotch and guy derrick cranes . ... ... ... ... ... ... ... J 6

14..................Cranes with derricking jibs ... ... ... ... ... ... ... ... ... ... J 7
15..................Restriction on the use of cranes ... ... ... ... ... ... ... ... ... J 7
15A.................Operators of lifting appliance ... ... ... ... ... ... ... ... ... ... J 7

15B........Operation ...................... ... ... ... ... ... ... ... ... ... J 8

15C...................Steam not to obscure workplace ... ... ... ... ... ... ... ... ... J 8
16....................Brakes, controls, safety devices, etc. ... ... ... ... ... ... ... ... J 8

17.............Drums and pulleys .......... ... ... ... ... ... ... ... ... ... ... J 9

PART 111

CHAINS, ROPES AND LIFTING GEAR

18. Construction, testing, examination and safe working load of chains. ropes and

lifting gear ........................... ... ... ... ... ... ... ... J 9

PART IV

OFFENCES AND PENALTIES







19...........Offences by owners ........... ... ... ... ... ... ... ... ... ... ... 1 10

20....................Offences by persons employed ... ... ... ... ... ... ... ... ... J 11
21....................Offences by competent examiners ... ... ... ... ... ... ... ... ... J 11

First Schedule. Procedure for testing and examining lifting appliances and lifting gear J 11

Second Schedule. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... J 13





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(LIFTING APPLIANCES AND LIFTING GEAR)
REGULATIONS

(Cap. 59, section 7)

[1 November 1974.1

PART 1

PRELIMINARY

1. These regulations may be cited as the Factories and Industrial
Undertakings (Lifting Appliances and Lifting Gear) Regulations.

2. (1) Subject to; paragraph (2), these regulations shall apply to
lifting appliances and lifting gear used for raising or lowering or as a
means of suspension in any industrial undertaking other than
construction work.

(2) Regulations 12A. 15A, 15B and 15C shall apply to lifting
appliances, and regulation 18(1)(ea) and (eb) shall apply to chains,
ropes and lifting gear, used for raising or lowering or as a means of
suspension in any industrial undertaking (other than construction work)
at a dock, quay, wharf or warehouse.

3. In these regulations, unless the context otherwise requires-

'competent examiner', in relation to the carrying out of any test and
examination required by these regulations, means a person who is

(a)appointed by the owner required by these regulations to
ensure that the test and examination is carried out; and

(b)by reason of his qualifications, training and experience,
competent to carry out the test and examination;

'competent person', in relation to any duty required to be performed by
him under these regulations, means a person who is

(a)appointed by the owner required by these regulations to
ensure that the duty is carried out by a competent person; and

(b)by reason of training and practical experience, competent to
perform the duty;

'crane' means any appliance equipped with mechanical means of
raising and lowering a load and for transporting the load while
suspended; and also all chains, ropes, swivels, or other tackle





(down to and including the hook), used in the operation of a crane;
but does not include

(a) a hoist block running on a fixed rail or wire;

(b)a stacker or conveyer whereby a load is moved by means of a
belt or platform; or

(e)an earth or mineral moving or excavating appliance not fitted
with a grab;

-lifting appliance' means a crab, winch, teagle, pulley block or gin wheel
used for raising or lowering, and a crane, sheerlegs. excavator,
dragline, aerial ropeway, aerial cableway transporter or overhead
runway, and also any part of any such appliance;

lifting gear means a chain sling, rope sling. ring or similar gear. and a
link, hook, plate clamp, shackle, swivel or eyebolt;

-maintained' means maintained in an efficient state. in efficient working
order and good repair,

,,owner', in relation to any lifting appliance or lifting gear, includes the
lessee or hirer thereof, and any overseer, foreman, agent or person
in charge or having the control or management of the lifting
appliance or lifting gear;

'raising or lowering or as a means of suspension' means raising or
lowering or as a means of suspension of a load on a lifting
appliance or lifting gear;

'repair' includes renewal, alteration or addition;

',safe working load', in relation to a lifting appliance or to lifting gear,
means either

(a)the appropriate safe working load for operating the lifting
appliance or lifting gear as specified in the current certificate
of test and thorough examination delivered in the prescribed
form by a competent examiner in respect of that lifting
appliance or lifting gear for the purposes of these regulations;
or

(b)where no such certificate is required, the relevant safe working
load shown in the table referred to in regulation 18(1)(b);

'thorough examination' means a visual examination, carried out as
carefully as the conditions permit in order to arrive at a reliable
conclusion as to the safety of the parts examined, and if necessary
for the purpose the visual examination shall be supplemented if
necessary by other means such as a hammer test and, parts of the
lifting appliance or lifting gear shall be dismantled.





PART II

LIFTING APPLIANCES

4. The owner of a lifting appliance shall ensure that it is not used
unless

(a)it is of good mechanical construction, made of strong and
sound materials, and free from patent defect;

(b) it is properly maintained; and

(c)the arrangements for fixing and anchoring the appliance are
adequate to secure its safety.

5. (1) Before a lifting appliance is used-

(a) for the first time;

(b) after re-erection; or

(c) after undergoing substantial repair,

the owner shall cause it to be tested and thoroughly examined by a
competent examiner in the manner prescribed in the First Schedule.

(2) After carrying out a test and examination under paragraph (1), a
competent examiner shall deliver to the owner of the lifting appliance a
certificate of test and thorough examination in the appropriate
prescribed form.

(3) The owner shall ensure that-

(a)the certificate of test and thorough examination is kept with
the lifting appliance and is available for inspection by an
inspector at all reasonable times; and

(b)a report of the examination is entered in the register kept
under regulation 7.

6. (1) After a lifting appliance has been brought into use the owner
shall cause it to be thoroughly examined by a competent examiner at
least once every 12 months and a report of the examination to be entered
in the register kept under regulation 7.

(2) Where an examination under paragraph (1) shows that the
lifting appliance cannot be used with safety unless certain repairs are
carried out immediately, or within a specified time, the examiner shall not
later than 28 days after the completion of the examination send a copy
of the report of the examination to the Commissioner.

7. (1) The owner of a lifting appliance required to be examined
under this Part shall keep a register containing a report of every
examination carried out on the lifting appliance.

(2) The register shall be in the form prescribed in the Second
Schedule and each entry therein shall be signed by the person carrying
out the examination.





(3) On being requested to do so by an inspector, the owner of a
lifting appliance shall produce the register for inspection.

8. (1) Subject to paragraph (2), on every stage. gantry, or similar
place where a lifting appliance having a travelling or slewing motion is
in use, the owner of the appliance shall ensure that an unobstructed
passageway, not less than 600 millimetres wide, is maintained between
any part of the appliance liable so to move and any nearby guard rail,
fence or other fixture.

(2) If at any time it is impracticable to maintain any such
passageway at any particular place, the owner shall ensure that all
reasonable steps are taken to prevent persons from having access to
that place when the appliance is in use.

9. (1) Where a crane has a platform for the use of the person
driving or operating the crane, or for any signaller (where good safe
working practice requires a signaller in connexion with the use of the
crane), the owner shall ensure that it is not used unless the platform is

(a) of sufficient area for the persons employed on it:

(b) either close planked or plated; and

(e) provided with a safe means of access.

(2) If any such platform has a side from which a person may fall a
distance of more than 2 metres, the owner shall ensure that the crane is
not used unless

(a)there is affixed to the platform a suitable guard rail of adequate
strength to a height of not less than 900 millimetres above the
platform and above any raised standing place therein;

(b) the side is provided with one or more toe boards placed-

(i) at a height not less than 200 millimetres above the level
of the platform and any raised standing place on it; and

(ii) in a position that will prevent as far as possible the fall
of persons, materials, and tools, from the platform; and

(c)the space between any toe board on the platform and the
lowest guard rail above it does not exceed 700 millimetres.

(3) Notwithstanding anything in this regulation, a guard rail or toe
board required under this regulation may be removed or remain
unerected for such period and to such extent as is necessary for any
person to gain access to and egress from the platform or for materials to
be removed to it or from it.

10. The owner of a power-driven lifting appliance shall ensure that
it is not used unless it is provided with a suitable cabin which





(a)affords the driver or operator of the appliance adequate
protection from the weather; and

(b) is so constructed as to-
(i) give him a clear and unrestricted view that will
enable him to use the appliance safely; and
(ii) afford ready access to those parts of the appliance
that are within the cabin and require periodic inspection or
maintenance.

11. (1) The owner of a lifting appliance shall ensure that the
appliance is not used unless the safe working load for the time being
applicable to the appliance is clearly and legibly marked on it, in
English and Chinese, together with an appropriate mark to distin-
guish it from other similar appliances.

(2) The owner of a crane (including a crane with a derricking
jib) which has a variable operating radius shall ensure that the crane
is not used unless it-

(a)has clearly and legibly marked on it the safe working load
at various radii of the jib, trolley or crab, and, in the case of
a crane with a derricking jib, the maximum radius at which
the jib may be worked; and

(b)is fitted with an accurate indicator, clearly visible to the
driver, which shows the radius of the jib, trolley or crab at
any particular time and the safe working load applicable to
that radius.

12. The owner of a lifting appliance shall ensure that it is not
used if it is loaded beyond the maximum safe working load:

Provided that, for the purpose of enabling tests of any such
appliance to be carried out, the safe working load may be exceeded
by such amount as the competent examiner appointed to carry out
the test may authorize.

12A. The owner of a lifting appliance shall ensure that no load
is left suspended from a lifting appliance unless a competent person
is in charge of the lifting appliance during the period of suspension.

(1) The owner of a Scotch derrick crane shall ensure that
it is not used-

(a)if the jib of the crane is erected between the crane's
backstays; and

(b)unless appropriate measures are taken to prevent the foot
of the king post of the crane from being lifted out of its
socket or support when the crane is in use; or





(c)to move any load in the angle between the crane's backstays.

(2) Where the guys of a guy derrick crane cannot be fixed-

(a) at approximately equal angles to the mast of the crane; and

(b)so that the angles between adjacent pairs of guys are
approximately equal,

the owner of the crane shall take such other measures as will ensure its
stability.

14. (1) The owner of a crane having a derricking jib operated
through a clutch mechanism shall ensure that the crane is not used
unless it is provided with a properly maintained and effective locking
arrangement, placed between the derricking clutch and the pawl
sustaining the derricking drum, which will ensure that

(a)the clutch cannot be disengaged unless the pawl is effectively
engaged with the derricking drum; and

(b)the pawl cannot be disengaged unless the clutch is effectively
engaged with the derricking drum.

(2) This regulation shall not apply to a crane in which-

(a)the hoisting drum and the derricking drum are independently
driven; or

(b) the mechanism driving the derricking drum is self locking.

15. (1) Without prejudice to paragraph (2), the owner of a crane
shall ensure that the crane's hoisting mechanism is not used for any
purpose other than raising or lowering a load vertically unless

(a)he has taken reasonable steps to see that no undue stress is
imposed on any part of the structure or mechanism of the
crane thereby endangering the stability of the crane; and

(b) such use is supervised by a competent person.

(2) The owner of a crane which has a derricking jib shall ensure
that it is not used with the jib extended at a radius which exceeds the
maximum radius specified for the jib in the current certificate of test and
thorough examination relating to that crane.

15A. The owner of a lifting appliance shall ensure that the
appliance is operated only by

(a)a person trained and competent to operate the appliance; or

(b)a person undergoing training to operate the appliance,
provided he acts under the supervision of a person trained
and competent to operate the appliance.





15B. (1) Where a person operating a lifting appliance

(a) does not have a clear and unrestricted view of-

(i) the load carried by the lifting appliance,

(ii) its vicinity;

(iii) the point of attachment for a load where no load is
being carried; and

(b)such view is necessary for the safe working of the appliance,

the owner of a lifting appliance shall, subject to paragraph (2), appoint
and station such persons as may be necessary to give effective signals
to the person operating the lifting appliance to ensure its safe working.

(2) No person appointed under paragraph (1) shall be under the
age of 18 years unless he

(a)is a person undergoing training to operate the appliance; and

(b) acts under the supervision of a competent person.

(3) If it is impracticable to comply with paragraph (1). the owner of
a lifting appliance shall ensure that effective signalling arrangements or
other means of communication exist between the person operating the
appliance and the person employed in the loading or unloading of the
appliance to ensure its safe working.

15C. The owner of a crane or winch shall ensure that the exhaust
steam from and, so far as practicable. live steam to any crane or winch
does not obscure any workplace at which a workman is employed.

16. (1) The owner of a crab, crane or winch shall ensure that it is
not used unless it is fitted with one or more efficient brakes, or other
similar safety devices, which will prevent a load suspended from the
appliance from falling uncontrollably or dangerously.

(2) Subject to paragraph (3), the owner of a lifting appliance shall
ensure that it is not used unless

(a)every lever. handle, switch or other device used for
controlling the operation of any part of the appliance (being a
lever, handle, switch or other device the accidental movement
or displacement of which is liable to cause danger) is, where
practicable (unless it is so placed or the appliance is so
constructed as to prevent accidental movement or
displacement), provided with a suitable spring or other locking
arrangement to prevent any such accidental movement or
displacement; and





(b)every lever, handle, switch or other device for controlling the
operation of any part of the appliance has either on or adjacent
to it clear markings to indicate its purpose and the mode of
operation.

(3) Paragraph (2)(b) shall not apply to rotating handles for raising
or lowering a load in the case of a winch or non-derricking jib crane
operated by manual power.

(4) If any person is employed or working on or near the wheel track
of an overhead travelling crane in a place where he would be liable to be
struck by the crane, the owner shall take effective measures, by warning
the driver of the crane or otherwise, to ensure that the crane does not
approach within 6 metres of that place.

(5) If any person is employed or working otherwise than mentioned
in paragraph (4) but in a place above floor level where he would be liable
to be struck by an overhead travelling crane, or by any load carried by
such a crane, the owner of the crane shall take effective measures to
ensure that such person is warned of the approach of the crane, unless
his work is so connected with or dependent on the movements of the
crane as to make a warning unnecessary.

17. (1) The owner of a lifting appliance which has a drum or pulley
on which a rope is carried shall ensure that the appliance is not used
unless the drum or pulley is of sufficient diameter and construction for
the rope used.

(2) If the rope terminates at the winding drum of the appliance, the
owner shall ensure that the appliance is not used unless

(a) the rope is properly secured to the drum; and

(b)at least 2 turns of the rope remain on the drum at every
operating position of the appliance.

PART 111

CHAINS, ROPES AND LIFTING GEAR

18. (1) The owner of any chain, rope or lifting gear used for raising
or lowering or as a means of suspension shall ensure that the following
provisions are complied with

(a)no chain, rope or lifting gear shall be used unless it is of good
construction, sound material, and adequate strength, and is
free from patent defect;

(b)subject to paragraph (2), a table, in English and Chinese,
showing the safe working loads of each kind and size of chain,
rope or lifting gear in use, and, in the case of a multiple sling,
the safe working load at different angles of the legs, shall be
posted in a prominent position in the





premises or place where the chain, rope or lifting gear is kept;
and no chain, rope or lifting gear not shown in the table shall
be used;

(c)no c chain rope or lifting gear shall be used for any load
exceeding its safe working load as shown in the table referred
to in sub-paragraph (b) or marked as mentioned in paragraph
(2);

(d)no chain, rope or lifting gear (except a fibre rope or fibre-rope
sling) shall be used for the first time unless it has been tested
and thoroughly examined by a competent examiner in the
manner prescribed in the First Schedule, and a cretificate of
the test and thorough examination as prescribed in the Second
Schedule specifying the safe working load and signed by the
person making the test and thorough examination has been
delivered to the owner and is made available for inspection by
an inspector at all reasonable times,

(e)each chain, rope and lifting gear in use shall he thoroughly
examined by a competent examiner at least once every 6
months; and a report of the examination shall be entered in the
register kept under paragraph (f) and signed by the person
carrying out the examination;

(ea) each chain, rope and lifting gear shall be inspected before use
on each occasion by a competent person;

(eb) chains shall not be shortened by tying knots in them and
adequate precautions shall be taken to prevent injury to them
from sharp edges,

a register, in the form prescribed in the Second Schedule, shall
be kept containing the reports of the examinations carried out
under paragraph (e) of all chains, ropes or lifting gear (except
fibre ropes or fibre-rope slings), and shall be made available
for inspection by an inspector at all reasonable times.

(2) Paragraph (1)(b) shall not apply in relation to any lifting gear if
its safe working load, or in the case of a multiple sling, the safe working
load at different angles of the legs, is plainly marked upon it in English
and Chinese.

PART IV

OFFENCES AND PENALTIES

19. Any owner who contravenes any of the provisions of
regulation 4, 5(1) or (3), 6(1), 7(1) or (3), 8, 9(1) or (2), 10, 11, 12, 12A, 13,
14(1), 15, 1 SA, 1 15B 1 15C, 16(1), (2), (4) or (5), 17 or 18(1) shall be guilty
of an offence and shall





(a) in respect of a contravention of regulation 4, 5( 1 or (3).
6(1). 9(1) or (2) or 18(1). be liable to a fine of $50,000

(b)in respect of a contravention of regulation 7(1) 1 or (3). 8, 10.
11, 12, 12A, 13, 14(1), 15. 15A, 15B. 16(1), (2), (4) or (5) or 17. be
liable to a fine of $30,000

(c)in respect of a contravention of regulation 15C. be liable to a
fine of 520,000.

20. Any workman employed or working on or near any lifting
appliance or lifting gear to which these regulations apply who wilfully
and without reasonable cause does anything likely to endanger himself
or others shall be guilty of an offence and shall be liable on conviction
to a fine of $10,000

21. (1 Any competent examiner who ha., ing carried out any test
or examination for the purposes of these regulations

(a)fails or refuses to deliver to an owner. within a reasonable time,
a certificate provided for by regulation 5(2) or 18(1)(d);.

(b)fails or refuses to sign. within a reasonable time. a register
under regulation 7(2) or 18(1 or

(c) fails to comply with regulation 6(2),

shall be guilty of an offence and shall be liable on conviction to a fine of
5 10,000.

(2) Any such competent examiner who delivers to an owner a
certificate or makes a report which is to his knowledge false as to a
material particular shall be guilty of an offence and shall be liable on
conviction to a fine of $50.000.

FIRST SCHEDULE[regs. 5(1)
18(1)(d).]

PROCEDURE FOR TESTING AND EXAMINING LIFTING
APPLIANCES AND LIFTING GEAR

1. (1) Every winch, together with its accessories. (including any derrick,
gooseneck, eye-plate, eyebolt, or other attachments) shall be tested with a proof
load which shall exceed the safe working load as follows

(a)if the safe working load is less than 20 tonnes. the proof load shall exceed
the safe working load by at least 25 per cent;

(b)if the safe working load is 20 tonnes but not more than 50 tonnes, the
proof load shall exceed the safe working load by, at least 5 tonnes:

(c)if the safe working load is more than 50 tonnes. the proof load shall
exceed the safe working load by at least 10 per cent.

(2) The proof load shall be applied either-

(a) by hoisting movable weights; or





(h)by means of a spring or hydraulic balance or a similar appliance, with a
derrick at an angle to the horizontal which shall be specified in the
certificate of the test.

(3) In the case of a proof load applied under sub-paragraph (2)(a), after the
movable weights have been hoisted, or in the case of a proof load applied under sub-
paragraph (2)(h), after the proof load has been applied, the derrick shall be swung as
far as practicable first in one direction and then in the other.

2. (1) Every crane and every lifting appliance, together with its accessories,
other than a lifting appliance referred to in sub-paragraph (1), shall be tested with
a proof load which shall exceed the safe working load as follows

(a)if the safe working load is less than 20 tonnes, the proof load shall exceed
the safe working load by at least 25 per cent:

(h)if the safe working load is 20 tonnes but not more than 50 tonnes, the
proof load shall exceed the safe working load by at least 5 tonnes,

(c)if the safe working load is more than 50 tonnes, the proof load shall
exceed the safe working load by at least 10 per cent.

(2) The proof load shall be hoisted and then swung as far as is practicable first
in one direction and then in the other.

(3) Where a crane with a jib which has a variable vertical operating radius is to
he tested, the test shall be carried out by applying a proof load in accordance with
sub-paragraph (1) at both the maximum radius and the minimum radius of the jib.

(4) Where in testing a hydraulic crane it is. because of the limitation of
pressure. impossible to hoist a load Which exceeds the safe working load by 25 per
cent. it is sufficient compliance with this paragraph if the crane has the greatest
possible load applied to it.

3. Every item of lifting gear (whether an accessory to any lifting appliance or
not) shall be. tested with a proof load in accordance with the following provisions

(a)if the item is a chain sling. rope sling. ring, hook. shackle. or swivel, the
proof load shall be at least twice the safe working load:

(h)if the item is a single sheave pulley, block. the proof load shall be at least
4 times the safe working load;

(ha) if the item is a multiple sheave pulley block with a safe working load of up
to and including 20 tonnes. the proof load shall be at least twice the safe
working load,

(c)if the item is a multiple sheave pulley block with a safe working load of
more than 20 tonnes. but not more than 40 tonnes. the proof load shall
exceed the safe working load by at least 20 tonnes.,

(d)if the item is a multiple sheave block with a safe working load of more
than 40 tonnes. the proof load shall be at least 1 1, times the safe working
load.

4. After being tested in accordance with paragraph 1. 2 or 3, each lifting
appliance (including its accessories) and all loose gear shall be examined so as to
ensure that no part of the lifting appliance or lifting gear has been damaged during
the test. For the purpose of carrying out the examination of a pulley block the
examiner shall remove the sheaves and pins of the block.

5. Where any wire rope is tested. a sample of the rope shall be tested to
destruction, and the safe working load shall not exceed 20 per cent of the breaking
load of the sample tested.





SECOND SCHEDULE [regs. 5, 6 & 7.]



FORM 1


FACTORIES AND INDUSTRIAL UNDERTAKINGS (LIFTING APPLIANCES AND LIFTING GEAR)
REGULATIONS
REGISTER
LIFTING APPLIANCES

Report of results of thorough examinations:
(a) Before being used for the first time (c) After substantial alteration or repair
(b) After re-erection (d) Every twelve months

Form prescribed by the Commissioner for Labour for the purposes of regulations 5, 6
and 7
of the Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear)
Regulations





FORM 2 [reg. 5(2).]

Certificate No . .......................

FACTORIES AND INDUSTRIAL UNDERTAKINGS (LIFTING
APPLIANCES
AND LIFTING GEAR) REGULATIONS

CERTIFICATE OF TEST AND THOROUGH EXAMINATION
OF CRANE

Form prescribed by Commissioner for Labour for the purposes
of
regulation 5 of the Factories and Industrial Undertakings
(Lifting Appliances and Lifting Gear) Regulations





6. Safe working load or loads. Safe
In the case of a crane with
a variable operating radius
(including a crane with a
derricking jib or with inter-
changeable jibs of different
lengths) the safe working
load at various radii of the
jibs, jibs, trolley or crab must
be given; test loads at various
radii should be given in
column (3) and in the case of
a safe working load which
has been calculated without
the application of a test load
'NIL' should be entered in
that column.





FORM 3 [reg- 5(2).]


FACTORIES AND INDUSTRIAL UNDERTAKINGS (LIFTING
APPLIANCES AND
LIFTING GEAR) REGULATIONS
FORM OF
CERTIFICATE OF TEST AND THOROUGH EXAMINATION OF
CRABS AND WINCHES AND OF PULLEY BLOCKS,
GIN WHEELS AND SHEERLEGS
Form prescribed by the Commissioner for Labour for the purpose of
regulation 5 of the Factories and Industrial Undertakings
(Lifting Appliances and Lifting Gear) Regulations



Name and address of the owner of the
appliance tested and examined.

I hereby certify that on ............... 19..... the appliances
described in this certificate were tested and thoroughly examined and that the above
particulars are correct.

Signature ..........................................................

Qualification .....................................................


Person or firm by whom the person
conducting the test and
examination is employed.

Date of certificate ....................................





FORM 4 [reg. 18(1)(d)]

FACTORIES AND INDUSTRIAL UNDERTAKINGS (LIFTING APPLIANCES
AND
LIFTING GEAR) REGULATIONS

CERTIFICATE OF TEST AND THOROUGH EXAMINATION OF
CHAINS, ROPES AND LIFTING GEAR

Form prescribed by the Commissioner for Labour pursuant to
regulation 18 (1)(d) of the Factories and Industrial
Undertakings
(Lifting Appliances and Lifting Gear) Regulations

Name and address of owner of the
chain, rope or lifting gear tested and
examined.





Name of owner ............... FORM 5 [reg. 18(1)(f)]
Address of premises ............ FACTORIES AND INDUSTRIAL UNDERTAKINGS (LIFTING APPLIANCES AND
LIFTING GEAR) REGULATIONS

REGISTER

CHAINS, ROPES AND LIFTING GEAR REPORT OF RESULTS
OF THOROUGH EXAMINATIONS AT INTERVALS NOT
EXCEEDING SIX MONTHS

Form prescribed by the Commissioner for Labour pursuant to
regulation
18 (1)(f) of the Factories and Industrial Undertakings (Lifting
Appliances and Lifting Gear) Regulations

L.N. 17/74. L.N. 191/78. L.N. 116/81. L.N. 238/84. L.N. 211/74. Citation. Application. L.N. 191/78. Interpretation. Construction. Lifting appliance to be tested and examined prior to use. First Schedule. Second Schedule, Forms 2 & 3. Lifting appliance in use to be periodically examined. Register of examination to be kept by owner. Second Schedule, Form 1. Precautions to be taken where lifting appliance has travelling or slewing motion. L.N. 238/84. Platforms for crane drivers and signallers. L.N. 238/84. Cabins for drivers. Marking of safe working loads. Load not to exceed the safe working load. Competent person to be in charge if load left suspended. L.N. 191/78. Scotch and guy derrick cranes. Cranes with derricking jibs. Restriction on the use of cranes. Operators of lifting appliance. L.N. 191/78. Operation. L.N. 191/78. Steam not to obscure workplace. L.N. 191/78. Brakes, controls, safety devices, etc. L.N. 238/84. Drums and pulleys. Construction, testing, examination and safe working load of chains, ropes and lifting gear. First Schedule. Second Schedule, Form 4. Second Schedule, Form 5. L.N. 191/78. Second Schedule, Form 5. Offences by owners. L.N. 191/78. L.N. 116/81. Offences by persons employed. L.N. 116/81. Offences by competent examiners. L.N. 116/81. L.N. 238/84. L.N. 191/78. L.N. 191/78.

Abstract

L.N. 17/74. L.N. 191/78. L.N. 116/81. L.N. 238/84. L.N. 211/74. Citation. Application. L.N. 191/78. Interpretation. Construction. Lifting appliance to be tested and examined prior to use. First Schedule. Second Schedule, Forms 2 & 3. Lifting appliance in use to be periodically examined. Register of examination to be kept by owner. Second Schedule, Form 1. Precautions to be taken where lifting appliance has travelling or slewing motion. L.N. 238/84. Platforms for crane drivers and signallers. L.N. 238/84. Cabins for drivers. Marking of safe working loads. Load not to exceed the safe working load. Competent person to be in charge if load left suspended. L.N. 191/78. Scotch and guy derrick cranes. Cranes with derricking jibs. Restriction on the use of cranes. Operators of lifting appliance. L.N. 191/78. Operation. L.N. 191/78. Steam not to obscure workplace. L.N. 191/78. Brakes, controls, safety devices, etc. L.N. 238/84. Drums and pulleys. Construction, testing, examination and safe working load of chains, ropes and lifting gear. First Schedule. Second Schedule, Form 4. Second Schedule, Form 5. L.N. 191/78. Second Schedule, Form 5. Offences by owners. L.N. 191/78. L.N. 116/81. Offences by persons employed. L.N. 116/81. Offences by competent examiners. L.N. 116/81. L.N. 238/84. L.N. 191/78. L.N. 191/78.

Identifier

https://oelawhk.lib.hku.hk/items/show/2338

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

18
]]>
Tue, 23 Aug 2011 18:05:59 +0800
<![CDATA[CONSTRUCTION SITES (SAFETY) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2337

Title

CONSTRUCTION SITES (SAFETY) REGULATIONS

Description






CONSTRUCTION SITES (SAFETY) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. Page

PART I

PRELIMINARY

1. Citation............................... ... ... ... ... ... ... ... ... is

2. Interpretation................... ... ... ... ... ... ... ... ... ... ... is

3. Application of regulations............. ... ... ... ... ... ... ... ... 17
4. Exemptions ......................... ... ... ... . ... 18

PART 11

USE OF LIFTING APPLIANCES ETC.

5. Construction, maintenance, and inspection of lifting appliances ... ... 18

6. Precautions to be taken where lifting appliance has travelling or slewing motion 18

7. Platforms for crane drivers and signallers ... ... ... ... ... ... ... 19

8. Cabins for drivers ....................... ... ... ... ... ... ... ... 19

8A......................Exemption from cabin requirements ... ... ... ... ... ... ... ... 110

9. Drums and pulleys ..................... ... ... ... ... ... ... ... 110

10......................Brakers. controls, safety devices, etc . ... ... ... ... ... ... ... ... 110

11...............................Poles or beams supporting pulley blocks or gin wheels ... ... ... ... 1 11

12..................Stability of lifting appliances ... ... ... ... ... ... ... ... ... ... 111
13..................Anchoring and ballasting of cranes ... ... ... ... ... ... ... ... 111

14..........................Stability of cranes secured by removable weights ... ... ... ... ... ... 1 12

is..................use of cranes in bad weather ... ... ... ... ... ... ... ... ... ... 112
16..................Cranes with derricking jibs ... ... ... ... ... ... ... ... ... ... 112
17..................Restrictions on the use of cranes ... ... ... ... ... ... .. ... ... 113

18.....................................Prohibition on use of cranes with structural members made of timber ... 1 13

19. Erection, dismantling or alteration of cranes to be under supervision of competent

person .............................. ... ... ... ... ... ... ... 113

20.................................Trained workmen to operate lifting appliance or give signals ... ... ... 1 13

21.........Signals .......................... ... ... ... ... ... . ... ... 113

22...............................Testing and examination of cranes, crabs, and winches ... ... ... ... 1 14

23...................................Testing and examination of pulley blocks, gin wheels and sheerlegs ... ... 114

24..........................Thorough examinations of lifting appliances ... ... ... ... ... ... 115
25..........................Defects to be notified to Commissioner ... ... ... ... ... ... I15
26. Marking of safe working loads 115
27..........................Load not to exceed the safe working load ... ... ... ... ... ... 116
28. Scotch and guy derrick cranes 116






28A. Multiple lifting appliances 116





Regulation Page

PART 111

CHAINS, ROPES, AND LIFTING
GEAR

29. Construction, testing, examination, and safe working load of chains, ropes and

lifting gear ... ... ... ... ... ... ... ... ... ... ... ... ... ... 117
30. Examination of chains, ropes and lifting gear ... ... ... ... ... ... 117
30A. Multiple slings ... ... ... ... ... ... ... ... ... ... ... ... ... ... 118

PARTIV

SPECIAL PROVISIONS AS To
HOISTS

31. Safety of hoistways, platforms and cages ... ... ... ... ... ... ... ... 118
32. Operation of hoists ... ... ... ... ... ... ... ... ... ... ... ... ... 119
33. Winches ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 119
34. Safe working load and marking of hoists ... ... ... ... ... ... ... ... 119
35. Test and examination of hoists ... ... ... ... ... ... ... ... ... ... 120

PART V

CARRYING OF PERSONS AND SECURING OF LOANS
ON HOISTS

36. Hoists carrying persons ... ... ... ... ... ... ... ... ... ... ... ... 121
37. Carrying of persons by means of lifting appliances ... ... ... ... ... ... 122
38. Loads to be safely secured ... ... ... ... ... ... ... ... ... ... ... 122

PART VA

SCAFFOLDS, WORKING PLATFORMS AND
LADDERS, ETC.

38A. General ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 123
38B. Provision of scaffolds, etc. ... ... ... ... ... ... ... ... ... ... ... 123
38C. Supervision of work and inspection of material ... ... ... ... ... ... ... 123
38D. Construction and maintenance of scaffolds ... ... ... ... ... ... ... ... 123
38E. Slung scaffolds ... ... ... ... ... ... ... ... ... ... ... ... ... ... 124
38F. Cantilever, jib, figure and bracket scaffolds ... ... ... ... ... ... ... ... 124
38G. Support for scaffolds, etc. ... ... ... ... ... ... ... ... ... ... ... 124
38H. Suspended scaffolds (not power operated) ... ... ... ... ... ... ... ... 125
381. Boatswain's chairs (not power operated) ... ... ... ... ... ... ... ... 126
383. Trestle scaffolds ... ... ... ... ... ... ... ... ... ... ... ... ... 126
38K. Inspection of scaffolds ... ... ... ... ... ... ... ... ... ... ... ... 127
38L. Construction of working platforms, gangways. runs, etc . ... ... ... ... ... 127
38M. Widths of working platforms ... ... ... ... ... ... ... ... ... ... ... 128
38N. Guard-rails at working platforms and places ... ... ... ... .... ... ... 128
380. Construction maintenance and use of ladders and folding step-ladders ... ... 129
38P. Openings, corners, breaks and edges ... ... ... ... ... ... ... ... ... 129





Regulation Page

38Q. Prevention of falls and provision of safety nets and belts ... ... ... ... ... 130

38R. Duty to wear safety belt ... ... ... ... ... ... ... ... ... ... ... ... 130

PART VI

EXCAVATIONS ON
CONSTRUCTION SITES

39. Safety of excavations, etc .. ... ... ... ... ... ... ... ... ... ... ... 131
40. Fencing of excavations, etc . ... ... ... ... ... ... ... ... ... ... ... 132
41. Safe guarding the edges of excavations, etc . ... ... ... ... ... ... ... ... 132
41 A. Requirements for emergency escape ... ... ... ... .. ... ... ... ... 132

PART VII

MISCELLANEOUS SAFETY
REQUIREMENTS

42. Prevention of inhalation of dust and fumes ... ... ... ... ... ... ... ... 132
43. Protection of eyes ... ... ... ... ... ... ... ... ... ... ... ... ... 133
44. Fencing of machinery ... ... ... ... ... ... ... ... ... . ... ... 133
45. Trained and competent workmen to operate mechanical equipment ... ... ... 133
46. Cleaning of dangerous machinery by women or by young persons ... ... ... 133
47. Use of electricity, on construction sites ... ... ... ... ... ... ... ... ... 134
48. Safety helmets ... ... ... ... ... ... ... ... ... ... ... ... ... ... 134
49. Protection from falling materials ... ... ... ... ... ... ... ... ... ... 134
50. Lighting of working places. etc . ... ... ... ... ... ... ... ... ... ... 135
51. Projecting nails ... ... ... ... ... ... ... ... ... ... ... ... ... ... 135
52. Materials kept on construction sites ... ... ... .... ... ... ... ... ... 135
52A. Prevention of drowning ... ... ... ... ... ... ... ... ... 135
53. Power to prohibit smoking ... ... ... ... ... ... ... ... ... ... ... 135
54. Maintenance of fire escapes and fire-fighting appliances ... ... ... ... ... 136
55. Sanitary conveniences, etc. ... ... ... ... ... ... ... 136

PART VIII

NOTIFICATION OF CONSTRUCTION
WORK

56. Information to be furnished to Commissioner ... ... ... ... ... ... ... 136
57. Further information ... ... ... ... ... ... ... ... ... ... ... ... ... 137
58. Notification of change ... ... ... ... ... ... ... ... ... ... ... ... 137
59. Notification of completion ... ... ... ... ... ... ... ... ... ... ... 137

PART IX

HEALTH AND
WELFARE

Provision of First Aid Facilities

60. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 137
61. Provision of first aid box or cupboard ... ... ... ... ... ... ... ... ... 137





Regulation Page

62. Persons in charge of first aid box or cupboard ... ... ... ... ... ... ... 138

63. Team to include persons trained in first aid ... ... ... ... ... ... ... ... 138
64. Provision of stretchers ... ... ... ... ... ... ... ... ... ... ... ... 139
65. Exemption where first aid room provided ... ... ... ... ... ... ... ... 139

Welfare

66. Shelter and facilities for meals ... ... ... ... ... ... ... ... ... ... ... 139

PART X

MISCELLANEOUS PROVISIONS

67. Keeping of records ... ... ... ... ... ... ... ... ... ... ... ... ... 139
68. Offences and penalties relating to contractors ... ... 140
69. Offences by persons employed ... ... ... ... ... ... ... ... ... ... 141
70. Offences by competent examiners, etc . ... ... ... ... ... ... ... ... ... 141
71. Offences by other persons ... ... ... ... ... ... ... ... ... ... ... 141

First Schedule. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... 142

Second Schedule. Contents of first aid boxes or cupboards ... ... ... ... ... ... ... 158





CONSTRUCTION SITES (SAFETY) REGULATIONS

(Cap. 59, section 7)

121 July 1978.]

PART I

PRELIMINARY

1. These regulations may be cited as the Construction Sites
(Safety) Regulations.

2. (1) In these regulations, unless the context otherwise requires

'competent examiner', in relation to the carrying out of any test and
examination required by these regulations, means a person who is

(a)appointed for that purpose by the contractor required by
these regulations to ensure that the test and examination is
carried out; and

(b)by reason of his qualifications, training and experience.
competent to carry out the test and examination;

'competent person', in relation to any duty to be performed under
these regulations by a competent person, means a person who is

(a)appointed for that purpose by the contractor required by
these regulations to ensure that the duty is carried out by a
competent person; and

(b)by reason of substantial training and practical experience,
competent to perform the duty;

'construction site' means a place where construction work is
undertaken and also any area in the immediate vicinity of any such
place which is used for the storage of materials or plant used or
intended to be used for the purpose of the construction work;

'crane' means any appliance equipped with mechanical means of
raising and lowering a load and for transporting the load while
suspended; and also all chains, ropes, swivels, or other tackle
(down to and including the hook), used in the operation of a crane;
but does not include

(a) a hoist block running on a fixed rail or wire;

(b)a stacker or conveyor whereby a load is moved by means of a
belt or platform; or

In operation on 1 February 1984-L.N. 296/83.





(e)an earth or mineral moving or excavating appliance not fitted
with a grab;

'hoist' means a lifting machine, whether worked by mechanical power
or not, with a carriage, platform or cage, the movement of which is
restricted by a guide or guides; and also the supports, well and
enclosures, and the carriage, platform or cage, and the whole of the
mechanical and electrical apparatus (if any) required in connexion
with the operation and safety of a hoist;

'ladder' does not include a folding step-ladder;

-ladder scaffold' means a scaffold with a working platform which is
supported directly on a ladder by means of a crutch or bracket on a
rung or rungs of a ladder;

'lifting appliance' means a crab, winch, pulley block, or gin wheel used
for raising or lowering and a hoist, crane, sheerlegs, excavator, drag
line, pile driver, pile extractor, or overhead runway;

lifting gear' means a chain sling, rope sling or similar gear, and a ring,
link, hook, plate clamp, shackle, swivel or eyebolt;

'maintained' means maintained in an efficient state, in efficient working
order and in good repair;

'material', except in regulations 5, 29, 39 and 61, includes waste material
and debris;

'plant' includes any plant, equipment, gear, machinery, apparatus, or
appliance, or any part thereof,

'prime mover' means any engine, motor, or other appliance, which
provides mechanical energy derived from

(a) steam or electricity.,

(b) the combustion of fuel; or

(c) any other source;

'raising or lowering or as a means of suspension' means raising or
lowering or as a means of suspension of a load on a lifting
appliance or lifting gear;

',safe working load', in relation to a lifting appliance or to lifting gear,
means either

(a)the appropriate safe working load for operating the appliance
or gear as specified in the current certificate of test given in
the prescribed form by a competent examiner in respect of the
appliance or gear for the purposes of these regulations; or

(b)where no such certificate is required, the relevant safe working
load appropriate to the lifting appliance or lifting gear;

',scaffold' means any temporarily provided structure on or from which
persons perform work in connexion with operations or





works to which these regulations apply, and any temporarily
provided structure which enables persons to obtain access to or
which enables materials to be taken to any place aft which such
work is performed, and includes any working platform, gangway,
run, ladder or step-ladder (other than an independent ladder or step-
ladder which does not form part of such a structure) together with
any guard-rail, toe-board or other safeguards and all fixings, but
does not include a lifting appliance or a structure used merely to
support such an appliance or to support other plant or equipment.,

',slung scaffold' means a scaffold suspended by means of lifting gear,
ropes or chains or rigid members and not provided with means of
raising or lowering by a lifting appliance or similar device;

,,subcontractor' means a person employed by a contractor to perform
construction work under a contract for services;

'suspended scaffold' means a scaffold (not being a slung scaffold)
suspended by means of ropes or chains and capable of being
raised or lowered but does not include a boatswain's chair or similar
appliance;

'transmission machinery' means any shaft, wheel, drum, pulley, system
of fast and loose pulleys. coupling, clutch, driving belt. or other
device, by which the motion of a prime mover is transmitted to or
received by any plant;

-trestle scaffold' includes a scaffold in which the supports for the
platform are any of the following which are self-supporting that is
to say, split heads, folding step-ladders, tripods or movable
contrivances similar to any of the foregoing;

,,used' or 'in use', in relation to any plant, means used or in use in
construction work;

'working platform' includes a working stage;

'workman' means a person engaged in construction work.

(2) For the purposes of these regulations-

(a)a contractor is responsible for a construction site if he is
undertaking construction work there or, where there is more
than one contractor undertaking construction work at the site,
if he is the principal contractor undertaking work there;

(b)a contractor is responsible for any plant referred to in these
regulations if it is located at a construction site for which he is
responsible.

3. These regulations apply to-

(a) all construction work;

(b) all construction sites; and

(c)the machinery, plant, tools, gear and materials with which any
construction work is carried on.





4. If the Commissioner is satisfied that, in case of any particular
class or description of plant or of any special description or method of
work, the application of any requirement of these regulations relating to
safety or health is, in certain circumstances, not necessary in the
interests of safety or not reasonably practicable, he may, by certificate in
writing under his hand, grant an exemption from that requirement in the
case of that class or description of plant or of that special description or
method of work in such circumstances and subject to such conditions
as may be specified in the certificate.

PART II

USE OF LIFTING APPLIANCES ETC.

5. (1) The contractor responsible for a lifting appliance shall ensure
that it is not use unless

(a)it is of good mechanical construction, made of strong and
sound materials, and free from patent defect;

(b) it is properly maintained.

(c)the arrangements for fixing and anchoring the appliance are
adequate to secure its safety;

(d) it is adequately and securely supported; and

(e)every structure supporting it is of good construction and
adequate strengh of sound materials and free from patent
defect.

(2) The contractor responsible for any lifting appliance which is in
use shall

(a)cause it to be inspected at least once in each week in which it
is in use

(i) by the driver or operator; or

(ii) if the driver or operator is not competent for the
purpose, by a competent person; and

(b)ensure that after any such inspection, the appliance is not
used unless there has been obtained in respect of the
inpection or any further inspection that may be necessary as a
result of any defect discovered in the appliance on that
inspection, a report in the prescribed form which includes a
statement to the effect that the appliance is in safe working
order.

6. (1) Subject to paragraph (2) on every stage, gantry, or similar
place where a lifting appliance having a travelling or slewing motion is in
use, the contractor responsible for the appliance shall ensure that an
unobstructed passageway, not less than 600 millimetres wide, is
maintained between any part of the appliance liable so to move and any
nearby guard rail, fence, or other fixture.





(2) If at any time it is impracticable to maintain any such
passageway at any particular place, the contractor shall ensure that all
reasonable steps are taken to prevent persons from having access to
that place when the appliance is in use.

7. (1) Where a crane has a platform for the use of the person driving
or operating the crane, or for any signaller, the contractor responsible
for the crane shall ensure that it is not used unless the platform is

(a) of sufficient area for the persons employed on it;

(b) either close planked or plated; and

(c) provided with a safe means of access.

(2) If any such platform has a side from which a person may fall a
distance of more than 2 metres, the contractor shall ensure that the
crane is not used unless

(a)there is affixed to the platform a suitable guard rail of adequate
strength to a height of not less than 900 millimetres above the
platform and above any raised standing place therein;

(b) the side is provided with one or more toe boards placed-

(i) at a height not less than 200 millimetres above the level
of the platform and any raised standing place on it; and

(ii) in a position that will prevent as far as possible the fall
of persons, materials, and tools, from the platform; and

(c)the space between any toe board on the platform and the
lowest guard rail above it does not exceed 700 millimetres.

(3) Notwithstanding anything in this regulation, a guard rail or toe
board required under this regulation may be removed or remain
unerected for such period and to such extent as is necessary for any
person to gain access to and egress from the platform or for materials to
be removed to it or from it.

8. Subject to regulation 8A, the contractor responsible for a power-
driven lifting appliance shall ensure that it is not used unless it is
provided with a suitable cabin which

(a)affords the driver or operator of the appliance adequate
protection from the weather; and

(b) is so constructed as to-

(i) give him a clear and unrestricted view that will enable
him to use the appliance safely; and

(ii) afford ready access to those parts of the appliance that
are within the cabin and require periodic inspection or
maintenance.





8A. Regulation 8 shall not apply-
(a)where the driver or operator is indoors or otherwise
adequately protected from the weather;
(b)to a hoist other than a hoist operated only from one
position alongside the winch;
(c)to a lifting appliance mounted on wheels and having a
maximum safe working load of 1 tonne or less;
(d)to any machine incorporating a lifting appliance where the
primary purpose of that machine is not that of a lifting
appliance; or
(e)to a lifting appliance intended for occasional use or for use
for only short periods.

9. (1) The contractor responsible for any lifting appliance
which has a drum or pulley on which a rope is carried shall ensure
that the appliance is not used unless the drum or pulley is of
sufficient diameter and construction for the rope used.
(2) If the rope terminates at the winding drum of the appliance,
the contractor shall ensure that the appliance is not used unless-
(a) the rope is properly secured to the drum; and
(b)at least two turns of the rope remain on the drum at every
operating position of the appliance.

10. (1) The contractor responsible for a crab, crane, or winch
shall ensure that it is not used unless it is fitted with one or more
efficient brakes, or other similar safety devices, which will prevent a
load suspended from the appliance from falling out of control or
dangerously.
(2) Subject to paragraph (3), the contractor responsible for a
lifting appliance shall ensure that it is not used unless-
(a)every lever, handle, switch, or other device used for con-
trolling the operation of any part of the appliance (being a
lever, handle, switch, or other device the accidental move-
ment or displacement of which is liable to cause danger) is,
where practicable (unless it is so placed or the appliance is
so constructed as to prevent accidental movement or
displacement), provided with a suitable spring or other
locking arrangement to prevent any such accidental move-
ment or displacement; and

(b)every lever, handle, switch, or other device for controlling
the operation of any part of the appliance has either on or
adjacent to it clear markings to indicate its purpose and the
mode of operation.

(3) Where, at the date of the commencement of these regula-
tions, a lifting appliance is in use and continues subsequently to be
used, it shall be sufficient if the requirements of paragraph (2)(a) are
complied with not later than 12 months after that date.





11. The contractor responsible for any pulley block or gin wheel
which is suspended from or supported by a pole or beam shall ensure
that the block or wheel is not used for raising or lowering any load
unless

(a) it is effectively secured to the pole or beam; and

(b) the pole or beam is-

(i) of adequate strength for the purpose for which it is
intended to be used; and

(ii) adequately and properly secured so as to support the
block or wheel and the load with safety and so as to prevent
undue movement of the pole or beam.

12. (1) Before a lifting appliance is used at or moved in a
construction site, the contractor responsible for the appliance shall take
appropriate precautions to ensure its stability.

(2) The contractor responsible for a crane shall, for the purpose of
securing the stability of the crane, ensure that before use

(a)the crane is securely anchored, or adequately weighted by
suitable ballast which is properly placed on the structure of
the crane and secured in a manner sufficient to prevent the
ballast from being accidentally displaced; and

(b)no part of any rails on which the crane is mounted, or the
sleepers supporting the rails, are used as an anchorage.

13. (1) The contractor shall ensure that all of the devices used for
the anchoring or ballasting of a crane for which he is responsible are
examined by a competent examiner on each occasion before the crane is
erected.

(2) After each erection of a crane on a construction site, and after
each removal of a crane about or to such a site, or any adjustment to
any member of a crane (being a removal or adjustment which involves
changes in the arrangements for anchoring or ballasting the crane), the
contractor responsible for the crane shall, before it is taken into use,
cause the crane to be tested by a competent examiner, by the imposition
either

(a)of a load of 25 per cent above the maximum load to be lifted
by the crane as erected at the positions where there is a
maximum pull on each anchorage; or

(b)of a less load arranged to provide an equivalent test of the
anchorage or ballasting arrangements.

(3) A report of every such test and the results thereof, signed by
the person carrying out the test, shall be

(a)made in the prescribed form and contain the prescribed
particulars; and

(b) delivered forthwith to the contractor concerned.





(4) If the examiner making the tests under paragraph (2) considers
that the maximum load which may safely be lifted by that crane as
erected is less than the safe working load of the crane he shall specify
that maximum load in his report.

(5) Where a maximum load has been specified under paragraph (4),
the contractor shall cause a loading diagram

(a)appropriate to the stability of the crane as at the time of the
test (taking into account, in the case of a crane mounted on
wheels, the conditions of the track); and

(b) indicating a modified safe working load,

to be affixed in a position where it can readily be seen by the crane
driver.

(6) The modified safe working load referred to in paragraph (5)(b)
shall, for the purpose of these regulations, be deemed to be the safe
working load of the crane as erected.

14. Where the stability of a crane is secured by means of removable
weights, the contractor responsible for the crane shall, before it is used,
cause a diagram or notice indicating the position and amount of the
weights to be affixed to the crane in a place where it can easily be seen.

15. (1) A contractor shall ensure that no crane for which he is
responsible is used under weather conditions likely to endanger its
stability.

(2) After exposure to weather conditions likely to have affected the
stability of the crane, the contractor shall

(a)cause the crane's anchorage or ballast to be examined by a
competent examiner as soon as practicable thereafter and
before the crane is again used; and

(b)in the event of the anchorage or ballast being found on
examination to be unsafe, take such steps as will again ensure
the crane's stability.

16. (1) The contractor responsible for any crane having a derricking
jib which is operated through a clutch mechanism shall ensure that the
crane is not used unless the crane is provided with a properly
maintained and effective locking arrangement, placed between the
derricking clutch and the pawl sustaining the derricking drum, which will
ensure that

(a)the clutch cannot be disengaged unless the pawl is
effectively engaged with the derricking drum; and

(b)the pawl cannot be disengaged unless the clutch is
effectively engaged with the derricking drum.

(2) Nothing in this regulation applies to a crane in which-





(a)the hoisting drum and the derricking drum are independently
driven; or

(b) the mechanism driving the derricking drum is self locking.

17. (1) Without prejudice to paragraph (2), the contractor
responsible for a crane shall ensure that the crane's hoisting mechanism
is not used for any purpose other than raising or lowering a load
vertically unless

(a)he has taken reasonable steps to see that no undue stress is
imposed on any part of the structure or mechanism of the
crane and the stability of the crane is not thereby endangered;
and

(b) such use is supervised by a competent person.

(2) The contractor responsible for any crane which has a derricking
jib shall ensure that the crane is not used with the jib extended at a
radius which exceeds the maximum radius required to be specified for
the jib in the certificate of test and examination required by regulation
22.

18. A contractor shall ensure that no crane which has any
structural member made of timber is used on any construction site for
which he is responsible.

19. The contractor responsible for a crane shall ensure that it is not
erected, dismantled or the structure thereof, as originally designed,
altered on a construction site except under the supervision of a
competent person.

20. (1) The contractor responsible for a lifting appliance shall
ensure that, when it is used on a construction site, it is not operated
except by a workman who is trained and competent to operate it:

Provided that the appliance may be operated by a workman not so
qualified if he is operating it under the supervision of another workman
who is so qualified.

(2) The contractor responsible for a lifting appliance driven by
mechanical power shall ensure that no workman under 18 years of age is
employed

(a) to operate the appliance; or

(b) to give signals to the driver of the appliance.

21. (1) Where good safe working practice requires a signaller to be
employed in connexion with the use of a lifting appliance other than a
hoist, the contractor responsible for the appliance shall provide a
signaller for the purpose, and shall take all practicable steps to ensure
that the signaller is adequately trained to give necessary and
recognizable signals for the safe operation of the appliance.





(2) The contractor responsible for a lifting appliance shall,
when the appliance is in use-

(a)provide such devices for giving sound, colour, or light
signals as are necessary to enable the appliance to be
operated safely; and

(b) ensure that those devices are-
(i) properly maintained; and
(ii) adequately protected from interference, whether
accidental or otherwise.

22. (1) The contractor responsible for any crane, crab, or
winch shall ensure that it is not used unless-

(a)during the preceding 4 years it has been tested and thor-
oughly examined by a competent examiner; and

(b)there has been obtained from him in respect of the test and
examination a certificate in the prescribed form.

(2) If any such crane, crab, or winch has been so tested and
examined, but has since undergone substantial alteration or repair
affecting its strength and stability, the certificate of test shall cease to
have effect and the contractor shall ensure that-

(a)the crane, crab, or winch is not used again until it has been
further tested and thoroughly examined by a competent
examiner; and

(b)there has been obtained from him in respect of the further
test and examination a new certificate in the prescribed
form.

23. (1) The contractor responsible for a pulley block, gin
wheel, or sheerlegs shall ensure that it is not used in raising or
lowering loads of 1 tonne or more unless-

(a)it has previously been tested and thoroughly examined by a
competent examiner; and

(b)there has been obtained from him in respect of the test and
examination a certificate in the prescribed form.-

(2) If any such pulley block, gin wheel, or sheerlegs has been
so tested and examined, but has since undergone substantial altera-
tion or repair, the certificate of test shall cease to have effect and the
contractor shall ensure that the block, wheel, or sheerlegs is not
again used in raising or lowering loads of 1 tonne or more until-

(a)it has been further tested and thoroughly examined by a
competent examiner; and

(b)there has been obtained from him in respect of the further
test and examination a certificate in the prescribed form.





24. (1) The contractor responsible for a lifting appliance
(other than a hoist) shall, notwithstanding compliance with regula-
tion 22 or 23, in the case of a crane, crab, winch, pulley block, gin
wheel, or sheerlegs, ensure that it is not used unless, during the
preceding 14 months-

(a)it has been thoroughly examined by a competent examiner;
and

(b)there has been obtained from him in respect of the
examination a report in the prescribed form which includes
a statement to the effect that it is in safe working order.

(2) If any lifting appliance (other than a hoist or an appliance
to which regulation 22 or 23 applies) has been so examined within
the preceding 14 months, but has since the date of the examination
undergone substantial alteration or repair, the contractor responsi-
ble for the appliance shall ensure that it is not used again until-

(a)it has been thoroughly examined by a competent examiner;
and

(b)there has been obtained from him a report in the pre-
scribed form which includes a statement to the effect that it
is in safe working order.

(3) A report under this regulation of an examination and the
results thereof, signed by the person carrying out the examination,
shall be-

(a)made in the prescribed form and contain the prescribed
particulars; and

(b) delivered forthwith to the contractor concerned.

25. The person making the certificate or report of any test or
examination required by regulation 13(3), 22(1) or (2) or 24(1) or (2)
shall, within 28 days of the completion of the test or examination,
send to the Commissioner a copy of the certificate or report in every
case where the test or examination shows that the plant cannot
continue to be used with safety unless certain repairs are carried out
immediately or within a specified time.

26. (1) The contractor responsible for-

(a) a crane, crab, or winch; or

(b)a pulley block, gin wheel, sheerlegs, derrick pole or derrick
mast, which is used in raising or lowering loads weighing 1
tonne or more,

shall ensure that the appliance is not used unless the safe working
load for the time being applicable to the appliance is clearly and
legibly marked on it, together with an appropriate mark to distin-
guish it from other similar appliances.





(2) The contractor responsible for a crane (including a crane with a
derricking jib) which has a variable operating radius shall ensure that
the crane is not used unless it

(a)has clearly and legibly marked on it the safe working load at
various radii of the jib, trolley, or crab, and, in the case of a
crane with a derricking jib, the maximum radius at which the jib
may be worked; and

(b)is fitted with an accurate indicator, clearly visible to the driver,
which shows the radius of the jib, trolley, or crab, at any
particular time and the safe working load applicable to that
radius.

27. The contractor responsible for a crane, crab, winch, pulley
block, gin wheel, sheerlegs, derrick pole, or derrick mast shall ensure
that it is not used if it is loaded beyond the maximum safe working load:

Provided that, for the purpose of enabling tests of any such
appliance to be carried out, the maximum safe working load may be
exceeded by such amount as the competent examiner appointed to carry
out the test may authorize.

28. (1) The contractor responsible for a Scotch derrick crane shall
ensure that it is not used

(a)if the jib of the crane is erected between the crane's backstays;
and

(b)unless appropriate measures are taken to prevent the foot of
the king post of the crane from being lifted out of its socket or
support when the crane is in use; or

(c)to move any load lying in the angle between the crane's
backstays.

(2) Where the guys of a guy derrick crane-

(a)cannot be fixed at approximately equal angles to the mast of
the crane; and

(b)so that the angles between adjacent pairs of guys are
approximately equal,

the contractor responsible for the crane shall take such other measures
as will ensure its stability.

28A. Where more than one lifting appliance is used to raise or
lower one load, the contractor responsible for such appliances shall
ensure that

(a)each lifting appliance is so arranged and fixed that it is at no
time loaded beyond its safe working load or rendered
unstable in the raising or lowering of the load; and

(b)a competent person is specially appointed to supervise the
operation.





PART III

CHAINS, ROPES, AND LIFTING GEAR

29. (1) Subject to paragraphs (2) and (3), the contractor responsible
for any chain, rope, or lifting gear shall ensure that it is not used in
raising or lowering or as a means of suspension unless

(a)it is of good construction, sound material, and adequate
strength, and is free from patent defect;

(b)(except in the case of a wire rope used before the
commencement of these regulations, or of a fibre rope or
fibrerope sling) it has been tested and thoroughly examined by
a competent examiner and there has been obtained from him in
respect of the test and examination a certificate of test in the
prescribed form; and

(e)it is marked in clear and legible figures and letters with the safe
working load and an appropriate mark to distinguish it from
other similar gear.

(2) A rope or sling need not be marked with its safe working load if

(a)its safe working load is specified in the report required by
regulation 30 and the rope or sling is so marked as to enable
its safe working load to be ascertained from the report; or

(b)in the case of a rope or rope sling to which paragraph (1)(b)
does not apply, its safe working load can be ascertained from
a table of safe working loads which is posted in a prominent
position on the construction site where the rope or sling is
being used.

(3) In the case of a rope of sling which is not required to be tested
and which is not marked with its safe working load, the safe working
load required to be entered in the report required by regulation 30 or
required to be shown by a table of safe working loads, as the case may
be, shall be deemed for the purposes of these regulations to be the safe
working load of the rope or rope sling.

(4) The contractor responsible for a wire rope shall ensure that it is
not used for raising or lowering or as a means of suspension if, in any
length of 10 diameters, the total number of visible broken wires exceeds
5 per cent of the total number of wires in the rope.

(5) The contractor responsible for any chain, rope, or lifting gear
shall ensure that it is not loaded beyond its safe working load except for
the purpose of making tests, and then only to the extent that a
competent examiner may authorize.

30. (1) The contractor responsible for any chain, rope, or lifting
gear shall, notwithstanding compliance with regulation 29, ensure that it
is not used for raising or lowering or as a means of suspension unless
within the preceding 6 months





(a)it has been thoroughly examined by a competent examiner;
and

(b)there has been obtained from him in respect of that
examination a report in the prescribed form which contains a
statement to the effect that it is in a safe working condition:

Provided that any chain, rope or lifting gear not in regular use may
be used if it is examined at least once during such longer period than 6
months as an inspector may authorize.

(2) A report under paragraph (1) of an examination and the results
thereof, signed by the person carrying out the examination, shall be

(a)made in the prescribed form and contain the prescribed
particulars; and

(b) delivered forthwith to the contractor concemed.

30A. The contractor responsible for any double or multiple sling
shall ensure that it is not used in raising or lowering or as a means of
suspension if

(a)the upper ends of the sling legs are not connected by means
of a shackle, ring or link of adequate strength; or

(b)the safe working load of any sling leg is exceeded as a result
of the angle between the sling legs.

PARTIV

SPECIAL PROVISIONS AS To HOISTS

31. (1) The contractor responsible for a hoist shall ensure that it is
not used unless

(a)the hoistway of the hoist is, at all points at which access to
the hoistway is provided or at which persons are in danger of
being struck by a moving part of the hoist, efficiently
protected by a substantial enclosure;

(b)the enclosure is, where access to and egress from the hoist is
required, fitted with secure gates;

(c)the enclosure and gates where practicable extend to a height
of at least 2 metres unless a lower height (being not less than
900 millimetres) is sufficient to prevent a person from failing
down the hoistway and there is no risk of any person coming
into contact with any moving part of the hoist; and

(d)the gates are kept closed, except where the platform or cage is
at rest at a landing place and it is for the time being necessary
for the gate to be opened for the purpose of





loading or unloading goods, plant, or material, or, in the
case of cage used for the carriage of persons, to allow
persons to enter or leave the cage.

(2) Every person using a hoist shall ensure that the gate is
closed immediately after use unless it is for the time being necessary
to keep the gate open in accordance with paragraph (1)(d).

(3) The contractor responsible for a hoist shall-

(a)unless it is impracticable to do so, provide and maintain
efficient devices which will support its platform or cage and
its safe working load in the event of the failure of the hoist
rope or ropes or any of the hoisting gear; and

(b)provide and maintain one or more efficient automatic
devices which will ensure that the platform or cage of the
hoist does not pass the highest point to which it is designed
to travel.

32. (1) The contractor responsible for a hoist shall ensure
that-

(a)it is not used unless it is, as far as practicable, constructed
in such a way that it can be operated only from one
position at any one time; and

(b)it is operated only when the requirements of regulation 36
are complied with.

(2) Where a workman operating a hoist does not have a clear
and unrestricted view of the hoist's carriage, platform or cage
throughout its travel (except at points where such a view is not
necessary for safe working), the contractor responsible for the hoist
shall make effective arrangements for signals for operating the hoist
to be given to the workman from each landing place at which the
hoist is used and to enable him to stop the carriage, platform or cage
at the appropriate level.

33. The contractor responsible for a hoist, which is operated
by means of a winch, shall ensure that the hoist is not used-

(a)unless the winch is so constructed that the brake is applied
when the control lever, handle or switch is not held in the
operating position; or

(b)if the winch is fitted with a pawl and ratchet gear on which
the pawl has to be disengaged, before the platform or cage
can be lowered.

34. (1) The contractor responsible for a hoist shall-

(a)cause the safe working load applicable to the hoist to be
clearly and legibly marked on its platform or cage; and

(b)ensure that it is not used to carry any load greater than that
safe working load, except that for the purpose of carrying





out a test under regulation 35 the safe working load may be
exceeded by such amount as a competent examiner carrying
out the test may authorize.

(2) In addition to paragraph (1), every such contractor shall ensure
that

(a) in the case of a hoist used for carrying persons-

(i) the maximum number of persons to be carried at any one
time shall be clearly and legibly marked on its platform or
cage; and

(ii) a greater number of persons shall not be so carried; and

(b)in the case of any other hoist there shall be marked or affixed
to its platform or cage a clear and legible notice stating that the
carriage of persons is prohibited.

3.5. (1) The contractor responsible for any hoist which is
manufactured or substantially altered or substantially repaired after the
commencement of these regulations shall ensure that it is not used
unless, since the date of its manufacture or of the alteration or repair, as
the case may be

(a)it has been tested and thoroughly examined by a competent
examiner; and

(b)there has been obtained from him in respect of the test and
examination a certificate in the prescribed form, which includes
a statement to the effect that the hoist is in a safe working
condition.

(2) The contractor responsible for a hoist shall ensure that it is not
used for carrying persons unless, since it was last erected or the height
of the travel of the cage was last altered, whichever is the later, and
notwithstanding a certificate in respect of the hoist under paragraph (1)

(a)it has been tested and thoroughly examined by a competent
examiner; and

(b)there has been obtained in respect of the test and examination
a report in the prescribed form, which includes a statement to
the effect that the hoist is in a safe working condition.

(3) The contractor responsible for a hoist shall ensure that it is not
used, whether for carrying persons, goods, or otherwise, unless, during
the preceding 6 months

(a)it has been thoroughly examined by a competent examiner;
and

(b)there has been obtained from him a report in the prescribed
form which includes a statement to the effect that the hoist is
in a safe working condition:





Provided that a hoist may be used without obtaining a report
under this paragraph if within the preceding 6 months there has been
obtained under paragraph (1) or (2) a certificate or report which
includes a statement to the effect that the hoist is in a safe working
condition.

(4) A report under this regulation of a test or examination and
the results thereof, signed by the person making or responsible for
the carrying out of the test or examination, shall be-

(a)made in the prescribed form and contain the prescribed
particulars; and

(b) delivered forthwith to the contractor concerned.

(5) The person making the report of any test or examination
required by paragraph (2) or (3) shall, within 28 days of the
completion of the test or examination, send to the Commissioner a
copy of the report in every case where the test or examination shows
that the hoist cannot continue to be used with safety unless certain
repairs are carried out immediately or within a specified time.

PART V

CARRYING OF PERSONS AND SECURING OF LOADS ON HOISTS

36. The contractor responsible for a hoist shall ensure that it is
not used for carrying persons unless-

(a) the hoist is provided with a cage which-
(i) is so constructed as to prevent, when the cage gate is
shut, any person from falling out of the cage or from being
trapped between any part of the cage and any fixed
structure or other moving part of the hoist or from being
struck by articles or materials falling down the hoistway;
and
(ii) is, on each side at which access is provided to a
landing place, fitted with a gate which, so far as is reason-
ably practicable, has efficient interlocking or similar devices
to prevent the gate from being opened unless the cage is at
a landing place and to prevent the cage from being moved
away from any such place until the gate is closed;

(b)each gate at a landing place in the hoistway enclosure is
fitted with efficient interlocking or similar devices to pre-
vent the gate from being opened except when the cage is at
the landing place and to prevent the cage from being
moved away from the landing place until the gate at that
place is closed; and

(c)efficient automatic devices are provided which will cause
the cage to come to rest at a point above the lowest point to
which it is able to travel.





37. (1) A person may be raised, lowered or carried by a power
driven lifting appliance

(a) on the driver's platform in the case of a crane;

(b)on a suspended scaffold of such design and construction as
ensures the safety of any person carried thereon;

(c)without the,- use. of a hoist or suspended scaffold where its
use is not practieable,provided that

(i) the appliance can be operated from one position only;

(ii) any winch used in connexion with the appliance
complies with regulation 33;

(iii) the person is carried in a suitable chair, cage, skip or
other receptacle at least 900 millimetres deep, of good
construction, sound material and adequate strength, and
which is provided with suitable means to prevent any
occupant falling out and does not contain material or tools
liable to interfere with his handhold or otherwise endanger
him;

(iv) suitable measures are taken to prevent such chair, cage,
skip or other receptacle from spinning or tipping in a manner
dangerous to any occupant; and

(v) if a hook is fitted to the appliance it shall be so designed
and maintained as to prevent the accidental displacement of
such chair, cage, skip or other receptacle from the hook;

(d)from an aerial ropeway or cableway or an overhead runway,
provided that the provisions of sub-paragraph (c)(ii), (iii) and
(iv) are complied with.

(2) The contractor responsible for a power driven lifting appliance
(other than a hoist referred to in regulation 36) shall ensure that it is not
used for raising, lowering or carrying persons other than in accordance
with paragraph (1).

38. (1) The contrctor responsible for a lifting appliance shall, before
it is used, ensure that every part of any load to be raised or lowered by
the appliance is

(a)securely suspended or supported when being raised or
lowered; and

(b)adequately secured so as to prevent danger arising to
persons or property as a result of the slipping or displacement
of any part of the load.

(2 Where, by reason of the nature or position of the operation
the load is liable, while being moved on a lifting appliance or on
lifting gear, to come into contact with any object so that the object
me displaced, the contractor shall take all such reasonable
measures as will ensure that no person lawfully on or
near the
construction sites where the appliance or gear is being used is
endangered by the displacement of the object.





(3) Where, in connexion with the lifting appliance, or lifting gear a
receptacle is used for raising or lowering stone, bricks, tiles, slates, or
other objects, the contractor shall cause the receptacle to be enclosed,
or to be constructed or designed so as to prevent the accidental fall of
any of such objects.

(4) Paragraph (3) shall not apply to a grab, shovel, or similar
excavating receptacle if the contractor takes effective steps to prevent
persons being endangered by a fall of objects therefrom.

(5) The contractor responsible for a hoist shall ensure that neither
loose material nor goods are carried on the platform of the hoist unless
the platform is enclosed or other effective precautions have been taken
to prevent the material or goods from falling from the platform.

(6) The contractor responsible for any lifting appliance which is
used for raising or lowering loads shall ensure that no load is left
suspended from the appliance unless a competent person is present to
supervise the use of the appliance.

PART VA

SCAFFOLDS, WORKING PLATFORMS AND LADDERS,
ETC.

38A. Without prejudice to the other provisions of this Part, the
contractor responsible for any construction site shall ensure that

(a)there is, so far as is reasonbly practicable, suitable and
sufficient safe access to and egress from every place on the
site at which any person at any time works, which access and
egress shall be properly maintained; and

(b)every place on the site at which any person at any time works
shall, so far as is reasonably practicable, be made and kept
safe for any person working there.

38B. Without prejudice to the other provisions of this Part, where
work cannot safely be done on or from the ground or from part of a
building or other permanent structure, the contractor responsible for the
construction site concerned shall provide, place and keep in position for
use and properly maintain either scaffolds or, where appropriate, ladders
or other means of support, all of which shall be sufficient, strong and
suitable for the purpose.

38C. The contractor responsible for a scaffold on a construction
site shall ensure that no such scaffold is erected on the site or
substantially added to, altered or dismantled except under the immediate
supervision of a competent person and by competent workmen
possessing adequate experience of such work.

38D. (1) The contractor responsible for a scaffold shall ensure that
every scaffold provided on a construction site and every part thereof is





(a)of good construction, made of strong and sound materials,
and free from patent defect; and

(b) properly maintained.

(2) The contractor responsible for a scaffold shall ensure that every
such scaffold is kept so fixed, secured or placed in position as to
prevent so far as is practicable accidental displacement.

38E. The contractor responsible for any construction site shall
ensure that

(a)no chain, wire rope, lifting gear, metal tube or other means of
suspension for slung scaffolds is used on the site unless the
following requirements (in so far as they are applicable) are
observed, (in addition as respects chains, ropes and lifting
gear to satisfying the requirements of Part III), that is to say

(i) it is suitable and of adequate strength for the purpose
for which it is used;

(ii) it is properly and securely fastened to safe anchorage
points and to other main supporting points;

(iii) it is so placed as to ensure stability of the scaffold;

(iv) it is as nearly vertical as is reasonably practicable; and

(v) it is kept taut;

(b)no rope other than a wire rope is used for the suspension of
slung scaffold;

(e)where chains or wire ropes are used for the suspension of a
slung scaffold. steps are taken to prevent such chains or wire
ropes coming into contact at points of suspension with edges
where this would cause danger;

(d)every slung scaffold is secured to prevent undue horizontal
movement while it is used as a working platform.

38F. The contractor responsible for a construction site shall ensure
that

(a)no cantilever scaffold or jib scaffold is used on the site unless
it is adequately supported, fixed and anchored, has outriggers
of adequate length and strength and is where necessary
sufficiently and properly strutted or braced to ensure rigidity
and stability; and

(b)no figure scaffold or bracket scaffold supported or held by
dogs, spikes, or similar fixings liable to pull out of the stone-
work, brickwork or other surface in which they are gripped or
fixed is used on the site.

38G. The contractor responsible for a construction site shall ensure
that





(a)no part of a building or other structure is used as support for a
scaffold, ladder, folding step-ladder or crawling ladder, or for
part of a scaffold, ladder. folding step-ladder or crawling
ladder. unless the part of the building or other structure is of
sound material and sufficiently stable and of sufficient
strength to afford safe support.,

(b)gutters are not used as such supports unless they and their
fixings are suitable and are of adequate strength and in the
case of overhanging eaves gutters shall not be so used unless
in addition they have been specially designed as walkways.

38H. The contractor responsible for a construction site shall ensure
that no suspended scaffold which is not raised or lowered by a power-
driven lifting appliance (in addition. as respects lifting appliances.
chains, ropes and lifting gear used in connexion therewith. to the
requirements in Parts II and 111) is used for raising or lowering or
carrying a person unless--

(a) outriggers-

(i) of adequate length and strength and properly installed
and supported;

(ii) firmly anchored at the inner ends:

(iii) securely fastened to any ballast or counterweights: and

(iv) installed horizontally.

are used;

(b)the points of suspension are at adequate horizontal distances
from the face of the building or other structure.

(c)wire ropes or chains are used for the raising, lowering and
suspension of the suspended scaffold:

(d)the wire ropes or chains are securely attached to the
outriggers or other supports;

(e)adequate arrangements are made to prevent undue tipping,
tilting or swinging of a scaffold and to secure it to prevent
undue horizontal movement while it is being used as a
working platform;

the platform of the suspended scaffold-

(i) except to the extent necessary for drainage, is closely
boarded, planked or plated, and

(ii) is not less than 0.45 metres wide;

(g)the winches or other lifting appliances or similar devices of
the suspended scaffold are

(i) provided with a brake or similar device which comes into
operation when the operating handle or lever is released; and





(ii) adequately protected against the effect of weather, dust
or material likely to cause damage; and

(h) it is properly maintained.

381. (1) The contractor responsible for a construction site shall
ensure that no boatswain's chair or similar plant or equipment (not being
a boatswain's chair or similar plant or equipment which is raised or
lowered by a power-driven lifting appliance) is used unless

(a)it is of good construction, sound material, adequate strength
and free from patent defect;

(b)the outriggers or other supports are of adequate strength and
properly installed and supported;

(c)the chains, ropes, lifting gear or other means of suspension
used therewith (in addition to satisfying the requirements in
Part III) are securely attached to the outriggers or other
supports and to the chair or similar plant or equipment or to
any lifting appliance or other device attached thereto, as the
case may be;

(d)suitable means are provided to prevent any occupant falling
out;

(e)it is free of materials or articles liable to interfere with the
occupant's handhold or foothold or otherwise endanger him;

suitable measures are taken to prevent spinning or tipping in
a manner dangerous to any occupant;

(g)safety belts attached to independent life lines are provided to
the occupants and each life line is securely suspended;

(h)its installation has been, and its use is, supervised by a
competent person; and

(i) it is properly maintained.

(2) The contractor responsible shall ensure that no boatswain's
chair or similar plant or equipment is used as a working place in
circumstances in which a suspended scaffold could be used unless the
work is of such short duration as to make the use of a suspended
scaffold unreasonable or the use of a suspended scaffold is not
reasonably practicable.

38J. (1) The contractor responsible for a construction site shall
ensure that all trestles and supports used for the construction of any
trestle scaffold are of good construction, suitable and sound material,
adequate strength for the purposes for which they are used and free
from patent defect and are properly maintained.

(2) The contractor shall ensure that no trestle scaffold is used





(a)if the scaffold is so situated that a person would be liable to
fall from its working platform a distance of more than 4.5
metres; or

(b)if constructed with more than one tier where folding supports
are used.

(3) The contractor shall ensure that no trestle scaffold is erected on
a scaffold platform unless

(a)the width of the said platform is such as to leave sufficient
clear space for the transport of materials along the platform;
and

(b)the trestles or supports are firmly attached to the said platform
and adequately braced to prevent displacement.

38K. (1) Subject to paragraph (3), the contractor responsible for a
scaffold shall ensure that the scaffold is not used on a construction site
unless

(a) the scaffold-

(i) has been inspected by a competent person within the
immediately preceding month;

(ii) has been inspected by a competent person since
exposure to weather conditions likely to have affected its
strength or stability or to have displaced any part; and

(b)a report has been made by the person carrying out the
inspection in the prescribed form containing the prescribed
particulars which includes a statement to the effect that the
scaffold is in safe working order.

(2) A report under this regulation of an inspection and the results
thereof, signed by the person carrying out the inspection, shall be

(a)made in the prescribed form and contain the prescribed
particulars; and

(b) delivered forthwith to the contractor concerned.

(3) This regulation shall not apply in relation to a scaffold no part
of which has been erected for more than a month, or a trestle scaffold or
a scaffold from no part of which a person is liable to fall a distance of
more than 2 metres.

38L. The contractor responsible for a construction site shall ensure
that

(a)every working platform, gangway or run from any of which a
person is liable to fall a distance of more than 2 metres is either
closely boarded, planked or plated, or is a platform consisting
of open metal work having interstices none of which exceeds 3
800 square millimetres in area;

(b)every board or plank forming part of a working platform,
gangway or run is





(i) of sound construction, adequate strength and free from
patent defect;

(ii) of a thickness capable of affording adequate security
having regard to the distance between the supports and be
not less than 200 millimetres in width and not less than 25
millimetres in thickness or not less than 150 millimetres in
width when the board or plank exceeds 50 millimetres in
thickness;

(iii) rests securely and evenly on its supports;

(c)no board or plank which forms part of a working platform,
gangway or run projects beyond its end support to a distance
exceeding 150 millimetres unless it is sufficiently secured to
prevent tipping.

38M. (1) The contractor responsible for a construction site shall
ensure that

(a)any working platform from which a person is liable to fall a
distance of more than 2 metres is at least 400 millimetres wide;

(b)any gangway or run from any part of which a person is liable
to fall a distance of more than 2 metres is, if the gangway or
run

(i) is used for the passage of persons only, at least 400
millimetres wide;

(ii) is used for the passage of materials is adequate in width
for the passage of materials and in any case is at least 650
millimetres wide.

(2) This regulation does not apply to a working platform, gangway
or run where it is impracticable by reason of limitations of space to
provide a platform, gangway or run of the required width; but, in any
such case, the platform, gangway or run shall be as wide as is
reasonably practicable.

38N. (1) The contractor responsible for a construction site shall
ensure that every side of a working platform, working place, gangway,
run or stair being a side from which a person is liable -to fall a distance
of more than 2 metres is provided with a suitable guard-rail or guard-rails
of adequate strength to a height between 900 millimetres and 1 150
millimetres.

(2) The guard-rails required under paragraph (1) may be removed or
remain unerected for the time and to the extent necessary for the access
of persons or the movement of materials.

(3) None of the requirements of this regulation shall apply to

(a)the platform of a ladder scaffold if a secure handhold is
provided along the full length of such platform;





(b)the platform of a trestle scaffold when the platform is
supported on folding trestles, split heads or similar devices
or folding step-ladders,

(c)the platform of a bamboo scaffold if such platform is
protected by not less than 2 horizontal bamboo members
of the scaffold spaced at intervals between 750 millimetres
to 900 millimetres.

380. (1) The contractor responsible for a construction site
shall ensure that a ladder or a folding step-ladder is not used-
(a)unless it is of good construction, of suitable and sound
material and of adequate strength for the purpose for
which it is used and is properly maintained, and

(b) if any rung thereof is missing or defective.
(2) The contractor for a construction site shall ensure that no
ladder standing on a base is used unless-

(a)it is securely fixed to its upper resting place, or, in the case
of a vertical ladder near to its upper end:

Provided that where such a fixing is impracticable the
ladder shall be securely fixed at or near its lower end.,

(b)it has a level and firm footing and is not standing on loose
bricks or other loose packing;

(c)it is secured where necessary to prevent undue swaying or
sagging; and
(d) it is equally and properly supported on each stile or side.

(3) Where it is impracticable in the case of a ladder standing
on a base to comply with either of the requirements in paragraph
(2)(a), the contractor shall cause a person to be stationed at the foot
of the ladder when in use to prevent it slipping.

38P. (1) The contractor responsible for a construction site
shall ensure that every opening, corner, break, edge or other
dangerous place through or from which any person on the site is
liable to fall a distance of more than 2 metres is provided with
either-

(a)a suitable guard-rail or guard-rails of adequate strength to
a height of between 900 millimetres and 1 150 millimetres
above the surface across which persons are liable to pass so
erected as to prevent as far as possible the fall of persons;
or

(b)a covering so constructed as to prevent the fall of persons,
materials and articles; any such covering shall be clearly
and boldly marked to show its purpose or be securely fixed
in position.

(2) Such guard-rails and coverings may be removed or remain
unerected-





(a)where this is necessary in order to proceed with any
permanent filling in, covering or enclosure; or

(b)for the time and to the extent necessary for the access of
persons or the movement of materials or other purposes of the
work.

(3) Paragraphs (1) and (2) shall not apply to any opening, corner,
break or edge created in the course of demolition operations to which
the Building (Demolition Works) Regulations apply, or to any opening,
corner, break or edge created in the course of any other demolition
operation, if in the course of such last mentioned demolition operation,
the opening, corner, break or edge is not left unattended.

38Q. (1) Where by reason of the special nature or circumstances of
any part of the work or of the access thereto or the egress therefrom it is
impracticable to comply with all or any of the requirements of
regulations 38A, 38B, 38L, 38M, 38N and 38P so far as they relate to the
falls of persons, the contractor resposible for a construction site shall
erect and keep in such positions as to be effective to protect persons
carrying on that part of the work or using the said access or egress
suitable safety nets or safety belts or other suitable and sufficient
equipment of such a design and so constructed and installed as to
prevent so far as practicable injury to persons:

Provided that such safety nets may be removed or remain
unerected for the time and to the extent necessary for the access of
persons or the movement of materials or other purposes of the work, but
shall be replaced or erected as soon as practicable.

(2) Where the use of a safety belt is required pursuant to paragraph
(1) the contractor shall provide each workman employed on the site with
a suitable safety belt.

(3) Where a safety belt is provided under this regulation the
contractor shall also provide a suitable and sufficient anchorage and
suitable fittings therefor; and each such safety belt, anchorage and
fitting shall be of such a design and so constructed as to prevent
serious injury in the event of a fall to any person using it.

(4) The contractor shall ensure that all safety nets, safety belts and
other equipment provided pursuant to this regulation are properly
maintained.

(5) The contractor shall take all reasonable steps to ensure that no
workman remains on any dangerous place on the construction site
without wearing a safety belt provided to the workman in pursuance of
this regulation.

38R. Every workman employed on a construction site who has
been provided with a safety belt shall wear it and keep it attached to a
secure anchorage whenever the use of the belt is necessary for his own
or any other person's safety.





PART VI

EXCAVATIONS ON CONSTRUCTION
SITES

39. (1) The contractor responsible for any construction site at
which excavating or earthworking operations are being carried on shall
cause a structure made of suitable timber or other suitable material to be
erected in connexion with the operations as soon as may be necessary
after their commencement so as to prevent workmen employed on the
site from being endangered by a fall or displacement of earth, rock, or
other material (including waste material and debris) adjacent to or
forming the side of the excavation or earthwork.

(2) The contractor shall-

(a)cause every part of the excavation or earthwork where
workmen are employed to be examined by a competent person
at least once in every period of 7 days after the
commencement of the excavation or earthwork until it is
completed or abandoned; and

(b)ensure that after any such examination no further work in
respect of the excavation or earthwork is carried on until there
has been obtained from that person in respect of the
examination, or in respect of any further examination that may
be necessary, a report in the prescribed form which includes a
statement to the effect that the excavation or earthwork, and
every structure erected under paragraph (1), is safe and
secure.

(3) A report under paragraph (2) of an examination and the results
thereof, signed by the person carrying out the examination, shall be

(a)made in the prescribed form and contain the prescribed
particulars; and

(b) delivered forthwith to the contractor concerned.

(4) This regulation shall not apply-

(a)to an excavation or earthwork where, having regard to the
nature and slope of the sides of the excavation or earthwork
and other circumstances, no fall or dislodgment of earth, rock,
or other material is liable to occur

(i) so as to bury or trap a workman or other person
employed in or near the excavation or earthwork; or

(ii) so as to strike any such workman or person from a
height of more than 1.2 metres; or

(b)in relation to a workman actually engaged in the erection of
any structure or in rendering any excavation or earthwork
safe, or to a person engaged in examining any such structure,
if other precautions which are reasonably adequate to ensure
his safety are taken.





40. (1) Subject to paragraph (2), the contractor responsible for any
construction site where there is an excavation, shaft, pit, or opening in
the ground into or down the side of which a workman or other person
lawfully on the site is liable to fall a distance of more than 2 metres shall,
for the purpose of preventing any such fall, so far as practicable ensure
that either

(a)a suitable barrier is erected as close as is reasonably
practicable to the edge of the excavation, shaft, pit or opening;
or

(b) the excavation, shaft, pit, or opening is securely covered.

(2) Paragraph (1) shall not apply to any part of an excavation, shaft,
pit or opening while (and to the extent to which) the absence of such
barrier and covering is necessary for the access of persons or for the
movement of plant or equipment or materials or while (and to the extent
to which) it has not yet been practicable to erect such barrier or
covering since the formation of that part of the excavation, shaft, pit or
opening.

41. The contractor responsible for any, construction site at which
there is an excavation, shaft, pit or opening in the ground shall ensure
that

(a)no material is placed or stacked close to the edge of the
excavation, shaft, pit, or opening so as to endanger any
person who is working in it; and

(b)no load or plant is placed or moved near the edge of
excavation, shaft, pit or opening if it is likely to cause the side
of the excavation, shaft, pit, or opening to collapse and
thereby endanger any person.

41A. The contractor responsible for any construction site, at which
there is an excavation, shaft, tunnel, pit or opening in the ground and
where there is reason to apprehend danger to persons employed therein
from rising water or from an irruption of water or material, shall ensure
that adequate means are provided, so far as practicable, to enable such
persons to reach positions of safety in the event of emergency.

PART VII

MISCELLANEOUS SAFETY
REQUIREMENTS

42. Where any construction work involves the grinding, clean-
ing, spraying, mixing, or working of any material which causes dust or
fumes to be given off of a character and extent likely to be injurious to
the health of workmen employed in the work, the contractor respon-
sible for the work shall take such reasonable precautions as are
necessary to prevent the inhalation of the dust or fumes by the
workmen, either by providing adequate ventilation or by the pro-
vision and use of suitable respirators or other effective means.





43. The contractor responsible for any construction site, where
there is carried on any process which results in particles of material or
dust being produced in such a manner as to be likely to enter or damage
the eyes of any workman engaged in the process, shall ensure that

(a)suitable goggles or effective screens are provided for the
protection of the workman; and

(b)the workman uses the goggles or screens, as the case may be.

44. (1) A contractor shall ensure that-

(a) every flywheel and moving part of any prime mover;

(b) every part of transmission machinery; and

(c)every dangerous part of other machinery (whether or not
driven by mechanical power),

for which he is responsible is securely fenced to the satisfaction of the
Commissioner unless it is in such a position or of such construction as
to be as safe to every workman on the construction site as it would be if
it were securely fenced.

(2) Where under paragraph (1) parts of any machinery are required
to be fenced, the contractor shall ensure that the fencing is kept in
position while the parts are in motion or in use, except where the parts
are necessarily exposed for examination or for any lubrication or
adjustment shown by the examination to be immediately necessary.

45. (1) The contractor responsible for any mechanical equipment
shall ensure that, when it is used on a construction site, it is not
operated except by a workman who is trained and competent to operate
it:

Provided that the equipment may be operated by a workman not so
qualified if he is operating it under the supervision of another worker
who is so qualified.

(2) The contractor responsible for any mechanical equipment shall
ensure that no person under 18 years of age is employed

(a) to operate the equipment; or

(b) to give signals to the operator of the equipment.

(3) In this regulation, 'mechanical equipment' includes any
bulldozer, compactor, dumper, excavator, grader, loader, locomotive,
lorry, scraper, truck and any mobile machine which is used for the
handling of any material on a construction site.

46. (1) A contractor responsible for a construction site shall ensure
that no woman or young person is permitted to clean any dangerous
part of any machinery or plant in the construction site while the
machinery or plant is in motion by the aid of any mechanical power.





(2) For the purpose of paragraph (1), a dangerous part of any
machinery or plant has the meaning assigned to 'dangerous part in the
Factories and Industrial Undertakings (Guarding and Operation of
Machinery) Regulations.

47. (1) Where workmen employed at a construction site are liable to
come into contact with any live electric cable or apparatus, the
contractor responsible for the site shall, both before the commencement
of the work at the site and during its progress, take such measures
(whether by rendering the cable or apparatus electrically dead or
otherwise) as will prevent them from being endangered by the cable or
apparatus.

(2) A contractor responsible for a construction site where there is
any electrically charged overhead cable or apparatus shall take such
precautions, by the provision of adequate and suitably placed barriers
or other means, as will prevent the cable or apparatus from being a
source of danger to workmen employed on the site (whether as a result
of a lifting appliance coming into contact with the cable or apparatus or
otherwise).

48. (1) A contractor responsible for a construction site shall---

(a)provide each workman employed on the site with a suitable
safety helmet, and

(b)take all reasonable steps to ensure that no workman remains
on the site unless he is wearing a suitable safety helmet.

(2) No person shall enter a construction site unless he is wearing a
suitable safety helmet.

49. (1) Where workmen are employed at any place on a
construction site. the contractor responsible for the site shall take such
precautions as are necessary to prevent any workman working at that
place from being struck by any falling material or object.

(2) The contractor responsible for a construction site shall take
steps to ensure that scaffolding materials, tools, other objects and
material are

(a)not thrown, tipped, or shot down from a height where they are
liable to cause injury to any person on or near the site; and

(b)where practicable. properly lowered in a safe manner by means
of a lifting appliance or lifting gear.

(3) At any construction site where proper lowering is not
practicable or where any part of a building or other structure is
being demolished or broken off the, contractor responsible for the
construction site shall take such precautions as are necessary to
protect workmen employed at the site from falling or flying debris.





50. Where at a construction site any workman is required or
authorized (whether expressly or impliedly) to-

(a) work in any place on the site;

(b) use any approach to that place;

(c)be in any part of the site where raising or lowering
operations are in progress; or

(d)be in the vicinity of any dangerous opening (whether in the
ground or in a structure),

the contractor responsible for the site shall ensure that the place,
approach, part or opening is adequately and suitably lit to the extent
necessary to secure that workman's safety.

51. The contractor responsible for a construction site shall
ensure that no timber or material with projecting nails or other
sharp objects are used or left on the site if the nails or objects are a
source of danger to workmen employed there.

52. (1) The contractor responsible for a construction site
shall ensure that all platforms, gangways, floors, or other places on
the site used as passageways are kept clear of any loose materials
which are not required for immediate use.

(2) The contractor responsible for any construction site where
materials are being kept or stored shall ensure that they are not-

(a) insecurely stacked in a place where they may be dangerous
1 to workmen employed at the site; or

(b)stacked in such a way as to overload and render unsafe any
floor or other part of a building or structure on the site.

52A. (1) Where a construction site is situated on, or adjacent
to, water into which a workman is liable to fall with risk of
drowning, the contractor responsible for the site shall-

(a)provide suitable rescue equipment and keep it in an
efficient state; and

(b)take measures to arrange for the prompt rescue of any such
person in danger of drowning.

(2) Where there is a special risk of such a fall from land or
from a structure adjacent to or above the water or from a floating
stage, the contractor responsible for the construction site shall
provide secure fencing to prevent such a fall.

(3) Any fencing provided under paragraph (2) may be removed
or remain unerected for the time and to the extent necessary for the
access of persons or the movement of materials.

53. (1) Where, in any construction site, any flammable liquid
or any mixture containing any such liquid or any substance or thing





which in the opinion of the Commissioner involves danger from fire is
used or intended to be used, the Commissioner may by order in writing
prohibit smoking and the use of naked lights in such construction site.

(2) The contractor responsible for a construction site in which
smoking or the use of naked lights is prohibited in accordance with the
provisions of paragraph (1) shall take such steps to enforce the
prohibition as the Commissioner may by notice direct.

54. (1) The contractor responsible for a construction site shall
maintain in good condition and free from obstruction all the means of
escape in case of fire and all fire-fighting appliances provided in such
construction site.

(2) No person shall wilfully alter, damage, obstruct or otherwise
impair any such means of escape, or fire-fighting appliance.

55. The contractor responsible for a construction site shall provide
sufficient and suitable latrine and washing conveniences on the site
and, where persons of both sexes are or are intended to be employed,
such conveniences shall afford proper separate accommodation for
persons of each sex.

PART VIII

NOTIFICATION OF CONSTRUCTION WORK

56. (1) Subject to paragraph (2). a contractor who undertakes
construction work shall, within 7 days after the commencement of the
work. furnish in writing to the Commissioner the following information

(a) the contractor's name and address..

(b)if the contractor is a firm, the name under which it carries on
business and the name and address of every partner in the
firm,

(c)the name and address of every subcontractor employed on
the work;

(d) the location of the construction site..

(e) the nature of the work;

(f) the date upon which the work was commenced;

(g)whether any mechanical power is being or will be used in
connexion with the work and. if so. the nature of the
mechanical power; and

(h) the expected duration of the work.

(2) Paragraph (1) shall not apply if-

(a) at the date of commencement of the work-





(i) the contractor has reasonable grounds for believing that
the work will be completed in a period of less than 6 weeks
from that date; or

(ii) any other construction work is being undertaken at the
same construction site and the information specified in
paragraph (1) has been furnished to the Commissioner in
respect of that construction work, or

(b)not more than 10 workmen are or will be employed on the work
at any one time.

57. If requested by the Commissioner, by notice in writing, a
contractor required to furnish information under regulation 56 shall,
within 14 days from the date of the notice. furnish in writing to the
Commissioner such further information in respect of the relevant
construction work as may be specified in the notice.

58. Whenever a material change occurs in respect of any
information furnished to the Commissioner under regulation 56 or 57,
the contractor undertaking the relevant construction work shall, within 7
days after becoming aware of it, notify the Commissioner in writing of
the change.

59. A contractor required to furnish information under regulation 56
shall, within 7 days after the date of completion of the relevant
construction work. notify the Commissioner in writing of the date of
completion.

PART IX

HEALTH AND
WEALFARE

Pro Provision of First Aid
Facilities

60. (1) In this Part, unless the context otherwise requires-

'person trained in first aid' means a person who-

(a)holds a current certificate of competency in first aid issued by
the St. John Ambulance Association;

(b)is a registered nurse within the meaning of the Nurses
Registration Ordinance; or

(c)has otherwise completed a course of training in first aid
approved by certificate under the hand of the Commissioner.

(2) For the purposes of this Part, the number of persons employed
at a construction site shall be taken to be the number of persons
actually working there at any one time.

61. (1) The contractor responsible for a construction site at which 5
or more workmen are employed shall provide and maintain so as to be
readily accessible a separate first aid box or cupboard for every 50
workmen or part thereof employed on the site.





(2) For the purposes of paragraph (1), a first aid box or cupboard
shall

(a)contain the items specified in the Second Schedule and any
additional items required under paragraph (3); and

(b) have a sufficient capacity to hold those items.

(3) The Commissioner may, by notice in writing to the contractor,
require him to provide at the construction site any of the following
additional items

(a)two wooden splints measuring 900 millimetres long, 60
millimetres wide and 10 millimetres deep;

(b)two wooden splints measuring 600 millimetres long, 60
millimetres wide and 10 millimetres deep.

(4) The contractor shall at all times ensure that-

(a)the items in the box or cupboard are maintained in a
serviceable and sanitary condition; and

(b)all materials for dressings in the box or cupboard are those
designated in, and are of a grade not lower than the standards
specified by, the British Pharmaceutical Codex or by any
supplement to it.

(5) Nothing except appliances and requisites for first aid shall be
kept in a first aid box or cupboard.

(6) Each first aid box or cupboard shall be clearly and legibly
marked 'FIRST MW in English and in Chinese.

62. (1) The contractor responsible for a construction site shall
ensure that all first aid boxes or cupboards provided for the purposes of
regulation 61 are placed in the charge of a team of responsible persons
designated by him.

(2) The contractor shall ensure that at least one member of such
team is always readily available during working hours.

(3) A notice in English and Chinese shall be affixed to each first aid
box or cupboard specifying the names of the members of the team
designated under paragraph (1).

(4) If a first aid box or cupboard is not provided in a workroom at a
construction site, a notice in English and Chinese stating the location of
the nearest first aid box or cupboard and the names of the members of
the team designated under paragraph (1) shall be displayed in a
prominent place in such workroom.

63. At any construction site the team referred to in regulation 62
shall include

(a)where not less than 30, but less than 100 workmen are
employed, at least one person trained in first aid; and

(b)where not less than 100 workmen are employed, at least two
persons so trained.





64. The contractor responsible for a construction site at which 50
or more workmen are employed shall

(a) cause a stretcher to be provided at the site; and

(b)ensure that it is kept alongside the first aid box or cupboard
provided for the purposes of regulation 61 and is maintained
at all times in a serviceable condition.

65. (1) Where a room is provided at a construction site for the sole
purpose of providing first aid or medical treatment, and the contractor
responsible for the construction site makes arrangements so as to
ensure the treatment there of all injuries occurring at the site, the
Commissioner may, by notice in writing to the contractor, exempt the
site from the requirements of this Part to such extent and subject to such
conditions as he may specify in the notice.

(2) The contractor shall cause every such notice to be prominently
displayed in the room so provided.

Welfare

66. (1) The contractor responsible for a construction site shall
provide at the site

(a)a room or covered area where workmen can shelter during
inclement weather,

(b) a supply of wholesome drinking water, and

(c)if facilities for obtaining meals are not available in the vicinity
of the site, or if the Commissioner so directs, a room or
covered area where workmen can take meals and one or more
stoves on which hot meals can be prepared.

(2) If a room or area provided for the purposes of paragraph (1)(c)
affords shelter from inclement weather, a contractor shall not be
required to provide a separate room or area for the purposes of
paragraph (1)(a).

PART X

MISCELLANEOUS PROVISIONS

67. (1) Every contractor shall keep the certificates and reports
received by him in respect of any test, inspection or examination carried
out under these regulations on any plant, scaffold, excavation, or
earthwork

(a)at the construction site where the plant is located or the
excavating or earthworking operations are being carried on; or

(b)if the contractor has reasonble grounds for believing that the
construction work at the site will be completed within a





period of less than 6 weeks from its commencement, or if the
work at the site has been completed or the equipment or
scaffold has ceased to be located at a construction site, at his
office, or if he has more than one office, at his principal office.

(2) The contractor shall, at all reasonable times, make available for
inspection by any inspector who requests to see them all certificates
and reports required to be kept by the contractor under paragraph (1).

(3) The contractor shall, on being requested to do so by an
inspector within such period (being not less than 7 days) as may be
specified in the request, deliver to the inspector a copy of or an extract
from any certificate or report required to be kept by the contractor under
paragraph (1).

(4) Any such certificates or reports may, unless the Commissioner
has previously directed to the contrary, be destroyed or otherwise
disposed of after the expiration of 6 years from the date on which they
were received by the contractor.

68. (1) Any contractor who

(a) contravenes any of the provisions of regulation 5, 6, 7(1) or

(2). 8, 9, 10(1) or (2), 11. 12. 13(1). (2) or (5). 14. 15, 16(1),
17, 18, 19, 20, 21. 22. 23. 24(1) or (2). 26. 27. 28, 28A, 29(1),
(4) or (5), 30(1), 30A. 3 1 (1) or (3). 32, 33, 34, 35(1), (2) or
(3), 36, 37(2), 38, 38A, 38B, 38C, 38D(1) or (2), 38E, 38F,
38G, 38H, 381(1) or (2), 38J(1), (2) or (3), 38K(1). 38L.
38M(1) or (2). 38N(1), 380(1). (2) or (3), 38P(1), 38Q(1),
(2), (3). (4) or (5), 3 9( 1 or (2). 40(1), 41. 4 1 A, 42, 43. 44, 45,
46. 47. 48(1), 49, 50, 51. 52, 52A, 53(2), 54(1),55, 56(1), 57.
58. 59, 61(1), (2). (4). (5) or (6), 62. 63, 64, 65(2), 66(1) or
67(1), (2) or (3); or

(b) fails to comply with any requirement under regulation

61(3).

shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall

(a) in respect of a contravention of regulation 5, 7(1) or (2),
13(1) or (2), 15, 19, 22, 23, 24(1) or (2), 29(1), (4) or (5),
30(1),35(1),(2)or(3), 36,37(2),38A,38B,38C.38D(1)or
(2), 38E, 38F, 38G, 38H, 38I(1) or (2), 38J(1), (2) or (3),
38K(1), 38L, 38(M)(1) or (2), 38N(1), 38O(1), (2) or (3),
38P(1), 38Q(1), (2), (3), (4) or (5), 40(1), 47 or 49, be liable
to a fine of $50,000;

(b) in respect of a contravention of regulation 6, 8, 9. 10(1) or (2),
11, 12, 13(5), 14, 16(1), 17, 18, 20, 21, 26, 27, 28, 28A, 30A, 31(1)
or (3), 32, 33, 34, 38, 39(1) or (2), 41, 41A, 43, 44. 45, 46. 48(1), 50,
52. 52A, 53(2) or 54(1), be liable to a fine of $30,000;





(c)in respect of a contravention of regulation 42 or 51, be liable to
a fine of 520,000,

(d)in respect of a contravention of regulation 55, 56(1), 61(1),(2),
(3), (4), (5) or (6), 62, 63. 64, 65(2) or 66(1), be liable to a fine of
$10,000;

(e)in respect of a contravention of regulation 57, 58, 59 or 67(1),
(2) or (3), be liable to a fine of $5,000.

69. Any contractor or workman engaged in construction work who
wilfully and without reasonable cause does anything likely to endanger
himself or others shall be guilty of an offence and shall be liable on
conviction to a fine of 510,000.

70. (1) Any competent examiner or competent person who having
carried out any test, inspection or examination required by these
regulations

(a)fails or refuses to deliver forthwith. or within a reasonable time
thereafter, to the contractor concerned a report referred to in
regulation 13(3), 24(3), 30(2), 35(4), 38K(2) or 39(3); or

(b) fails to comply with regulation 25 or 35(5),

shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000.

(2) Any such competent examiner or competent person who
delivers to a contractor any certificate, or report which is to his
knowledge false as to a material particular shall be guilty of an offence
and shall be liable on conviction to fine of 550.000 '1

71. (1) Any person who contravenes regulation 31(2), 38R or 48(2)
shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000.

(2) Any person who contravenes any order made under regulation
53(1), or who contravenes regulation 54(2), shall be guilty of an offence
and shall be liable on conviction to a fine of 510,000.





Name or title of Employer FIRST SCHEDULE [reg. 5.]

or Contractor .................... FORM 1

CONSTRUCTION SITES (SAFETY) REGULATIONS

REPORTS OF RESULTS OF WEEKLY INSPECTIONS OF

LIFTING APPLIANCES, CRABS, WINCHES, PULLEY

BLOCKS, GIN WHEELS, HOISTS, CRANES, SHEERLEGS,
Address of Site ..................... EXCAVATORS, DRAG LINES, PILE DRIVERS, PILE

EXTRACTORS, OVERHEAD RUNWAYS

Form prescribed pursuant to regulation 5 of the Construction Sites

(Safety) Regulations

Work commenced Date. ...........






Name or title of Employer FORM 2 [reg. 13(3).]
or Contractor .....

CONSTRUCTION SITES (SAFETY) REGULATIONS

.......... REPORTS OF RESULTS OF ANCHORING OR BALLASTING

Address of Site ..... TESTS MADE ON CRANES

Form prescribed pursuant to regulation 13(3) of the Construction
Sites (Safety) Regulations

..........

Work commenced Date




Certificate No . .........................

FORM 3 [reg. 22.]

CONSTRUCTION SITES (SAFETY)
REGILATIONS

CERTIFICATE OF TEST AND THOROUGH EXAMINATION
OF CRANE

Form prescribed by the Commissioner for Labour for the purposes
of regulation 22 of the Construction Sites (Safety) Regulations



1.Name and address of
contractor responsible for the
crane.



2. Name and address of maker
of the crane.

3.Type of crane and nature of
power (e.g., Scotch
derrickmanual; tower derrick-
electric rail mounted
towerelectric).

4. Date of manufacture of the
crane.







5. Identi-
fication
number.
(a) Maker's serial number.

(b) Owner's
distinguishing
mark or
number (if any).







8.Defects noted and alterations
or repairs required before
crane is put into service. (If
none enter 'None').





I hereby certify that the crane described in this certificate was tested and thoroughly

examined by me on ..........

and that the above particulars are correct.

Signature .................Qualification

Name and address of person, company, or as-
sociation by whom the person conducting the
test
and examination is employed.

Date of certificate ......


FORM 4 [regs. 22 &23.]

CONSTRUCTION SITES (SAFETY)
REGULATIONS

CERTIFICATE OF TEST AND THOROUGH EXAMINATION
OF CRABS AND WINCHES AND OF PULLEY BLOCKS,
GIN WHEELS, AND SHEERLEGS USED FOR A
LOAD OF 1 TONNE OR MORE

Form prescribed by the Commissioner for Labour for the purposes of
regulations 22 and 23 of the Construction Sites (Safely) Regulations






Name and address of the contractor responsible
for the he appliance tested and examined.


I hereby certify that on ...............19...... the appliances described in

this certificate were tested and thoroughly examined by me and that the above

particulars are correct.

Signature .............................................................

Qualification ........................................................



Person or firm by whom person conducting the
test and examination is employed


Date of certificate
................................................




FORM 5 [reg. 24.]


CONSTRUCTION SITES (SAFETY) REGULATIONS
LIFTING APPLIANCES (EXCEPT HOISTS)
REPORT OF RESULTS OF THOROUGH EXAMINATIONS EVERY 14 MONTHS OR
AFTER SUBSTANTIAL ALTERATION OR REPAIR
Form prescribed pursuant to regulation 24 of the Construction Sites (Safety) Regulations






Certificate No . .........................


FORM 6 [reg. 29 (1).]

CONSTRUCTION SITES (SAFETY) REGULATIONS

CERTIFICATE OF TEST AND THOROUGH EXAMINATION
OF
CHAINS, ROPES, AND LIFTING GEAR

Form prescribed by the Commissioner for Labour pursuant to
regulation 29(1) of the Construction Sites (Safety) Regulations

I hereby certify that on ....19 the gear described in


this certificate was tested and thoroughly examined by me and that the above

particulars are correct.

Signature
........................................................
..... W

Qualification ....
...................................................

Person or firm by whom the person conducting
the test and examination is employed


Date of certificate
................................................





Name or title of Employer FORM 7 [reg. 30.]
or Contractor .......

CONSTRUCTION SITES (SAFETY) REGULATIONS
CHAINS, ROPES, AND LIFTING GEAR
REPORT OF RESULTS OF THOROUGH EXAMINATION AT
INTERVALS NOT EXCEEDING SIX MONTHS OR
Address of Registered or WHEN OTHERWISE NECESSARY
Head Office or Address of
Site .................. Form prescribed pursuant to regulation 30 of the Construction
Sites (Safety) Regulations





FORM 8 [reg.35(1)]


CONSTRUCTION SITES (SAFETY) REGULATIONS

CERTIFICATE OF TEST AND THOROUGH EXAMINATION
OF HOIST

Form prescribed by the Commissioner for Labour pursuant to
regulation 35(1) of the Construction Sites (Safety) Regulations


Name of contractor responsible for
hoist.

Address.





(a) Enclosure of hoistway or liftway.

(b)Landing gates and cage gate(s).

(c)Interlocks on the landing gates and cage
gate(s)

(d) Other gate fastening

(e) Cage or platform and fittings, cage
guides, buffers, interior of the hoistway.


(f)Over-running devices.

(g) Suspension ropes or chains, and their
attachments.


(h)Safety gear, i.e. arrangements for
preventing fall of platform or cage.

(i) Brakes

(j) Worm or spur gearing.

(k)Other electrical equipment.

(l) Other parts.


4. What parts (if any) were inaccessible?

5. Repairs, renewals, or alterations required to
enable the hoist or lift to be used or to
continue to be used with safety-


(a) immediately;


(b)within a specified time, the time is to be
stated.

If no such repairs, renewals, or alterations
are required enter 'NONE'.

6. Specify defects (other than those specified at
5 above) which require attention.





7.If no defects requiring attention are found
and no repairs, renewals, or alterations are
required, state that the hoist is in safe
working condition.


8.Maximum safe working load subject to
repairs, renewals, or alterations (if any)
specified at 5.

9.If the hoist is to be used for the carriage of
passengers, specify the maximum number of
passengers that may be carried safely.

10. Other observations.



[Space for continuation of
entries.]


I certify that on ......... ]

thoroughly examined this hoist or lift and that the foregoing is a correct report

of the result.

Signature
....................................................................................................................

Qualification
...............................................................................................................

Address
.......................................................................................................................

Date
............................................................................................................................

If employed by a company or association give name and address ..............................

..................................................................................





Name or title of Employer FORM 9 [reg. 35(2).]
or Contractor ..........

CONSTRRUCTION SITES (SAFETY) REGULATIONS
HOISTS USED FOR THE CARRIAGE OF PASSENGERS
REPORTS OF RESULTS OF TESTS AND EXAMINATIONS
...................
Address of Site .... AFTER ERECTION OR ALTERATION OF HEIGHT OF TRAVEL
....................

Form prescribed pursuant to regulation 35(2) of the
Construction Sites (Safety) Regulations

..........

Work commenced Date





Name or title of Employer FORM 10 [reg. 35(3).]
or Contractor ......

CONSTRUCTION SITES (SAFETY) REGULATIONS
HOISTS
...................... REPORTS OF RESULTS OF SIX-MONTHLY THOROUGH
EXAMINATIONS
Address of Registered or
Head Office or Address of Form prescribed pursuant to regulation 35(3) of the
Site .................... Construction Sites (Safety) Regulations

.............................





Name or title of Employer FORM 11 [reg. 39(2).]

or Contractor ......................

CONSTRUCTION SITES (SAFETY) REGULATIONS
EXCAVATIONS AND EARTHWORKS

........................ REPORTS OF RESULTS OF WEEKLY THOROUGH
Address of Site ............... EXAMINATIONS

Form prescribed pursuant to regulation 39(2) of the
Construction Sites (Safety) Regulations

..........

Work commenced Date
....................




Name or title of Employer FORM 12 [reg. 38K(1).]
or Contractor ..........

CONSTRUCTION SITES (SAFETY) REGULATIONS
..................... SCAFFOLDS

Address of Site ....... REPORTS OF RESULTS OF MONTHLY OR OTHER INSPECTIONS
....................... Form prescribed pursuant to regulation 38K(1) of the
....................... Construction Sites (Safety) Regulations


Work commenced Date
..................
..........




SECOND SCHEDULE [reg. 61

CONTENTS OF FIRST AID BOXES OR
CUPBOARDS

(a)A copy of the leaflet issued by the Commissioner giving advice on first-aid
treatment.

(b)A sufficient number of (and in any event not less than 12) small sterilized
unmedicated dressings for injured fingers.

(e)A sufficient number of (and in any event not less than 6) medium-sized
sterilized unmedicated dressings for injured hands or feet.

(d)A sufficient number of (and in any event not less than 6) large sterilized
unmedicated dressings for other injured parts of the body.

(e)A sufficient number of (and in any event not less than 24) waterproof adhesive
wound dressings of assorted sizes.

(f)A sufficient number of (and in any event not less than 4) triangular bandages
of unbleached calico, the longest side of each bandage measuring not less than
1300 millimetres and each of the other sides of each bandage measuring not
less than 900 millimetres.

(g)A sufficient supply (and in any event not less than 1 roll) of zinc oxide
adhesive plaster.*

(h)A sufficient number of (and in any event not less than 6) 30 grams packets of
absorbent cotton wool.

(i) A pressure bandage.

(j) A sufficient number of (and in any event not less than 6) safety pins.

(k) A sufficient supply of eye baths.

The roll or each of the rolls to be at least 4.5 metres BY 25 millimetres.
L.N. 159/78. L.N. 262/78. L.N. 280/78. L.N. 118/81. L.N. 238/83.* Citation. Interpretation. L.N. 280/78. L.N. 238/83. L.N. 238/83. L.N. 280/78. L.N. 280/78. L.N. 238/83. L.N. 238/83. L.N. 238/83. L.N. 238/83. L.N. 238/83. Application of regulations. Exemptions. Construction, maintenance, and inspection of lifting appliances. L.N. 280/78. First Schedule. Form 1. Precautions to be taken where lifting appliance has travelling or slewing motion. L.N. 238/83. Platforms for crane drivers and signallers. L.N. 238/83. Cabins for drivers. L.N. 280/78. Exemption form cabin requirements. L.N. 280/78. L.N. 238/83. Drums and pulleys. Brakes, controls, safety devices, etc. Poles or beams supporting pulley blocks or gin wheels. Stability of lifting appliances. L.N. 280/78. Anchoring and ballasting of cranes. First Schedule. Form 2. Stability of cranes secured by removable weights. Use of cranes in bad weather. Cranes with derricking jibs. Restrictions on the use of cranes. Prohibition on use of cranes with structural members made of timber. Erection, dismantling or alteration of cranes to be under supervision of competent person. L.N. 280/78. Trained workmen to operate lifting appliance or give signals. Signals. L.N. 280/78. Testing and examination of cranes, crabs, and winches. First Schedule, Forms 3 and 4. First Schedule, Forms 3 and 4. Testing and examination of pulley blocks, gin wheels and sheerlegs. L.N. 238/83. First Schedule, Form 4. First Schedule, Form 4. Thorough examinations of lifting appliances. First Schedule, Form 5. First Schedule, Form 5. First Schedule, Form 5. Defects to be notified to Commissioner. Marking of safe working loads. L.N. 238/83. Load not to exceed the safe working load. Scotch and guy derrick cranes. Multiple lifting appliances. L.N. 280/78. Construction, testing, examination, and safe working load of chains, ropes, and lifting gear. First Schedule, Form 6. Examination of chains, ropes, and lifting gear. First Schedule, Form 7. Multiple slings. L.N. 280/78. Safety of hoistways, platforms and cages. L.N. 238/83. Operation of hoists. L.N. 280/78. Winches. Safe working load and marking of hoists. Test and examination of hoists. First Schedule, Form 8. First Schedule, Form 9. First Schedule, Form 10. Hoists carrying persons. Carrying of persons by means of lifting appliances. L.N. 280/78. L.N. 238/83. Loads to be safely secured. L.N. 238/83. General. Provision of scaffolds, etc. Supervision of work and inspection of material. Construction and maintenance of scaffolds. Slung scaffolds. Cantilever, jib, figure and bracket scaffolds. Support for scaffolds, etc. Suspended scaffolds (not power operated). Boatswain's chairs (not power operated). Trestle scaffolds. Inspection of scaffolds. First Schedule, Form 12. Construction of working platforms, gangways, runs, etc. Widths of working platforms. Guard-rails at working platforms and places. Construction maintenance and use of ladders and folding step-ladders. Openings, corners, breaks and edges. (Cap. 123, sub. leg.) Prevention of falls and provision of safety nets and belts. Duty to wear safety belt. Safety of excavations, etc. First Schedule, Form 11. L.N. 280/78. L.N. 238/83. Fencing of excavations, etc. L.N. 280/78. L.N. 238/83. L.N. 238/83. Safe guarding the edges of excavations, etc. L.N. 280/78. Requirements for emergency escape. L.N. 280/78. Prevention of inhalation of dust and fumes. Protection of eyes. Fencing of machinery. Trained and competent workmen to operate mechanical equipment. L.N. 238/83. Cleaning of dangerous machinery by women or young persons. (Cap. 59, sub. leg.) Use of electricity on construction sites. Safety helmets. L.N. 280/78. Protection from falling materials. Lighting of working places, etc. Projecting nails. Materials kept on construction sites. Prevention of drowning. L.N. 280/78. Power to prohibit smoking. Maintenance of fire escapes and fire-fighting appliances. Sanitary conveniences, etc. Information to be furnished to Commissioner. Further information. Notification of change. Notification of completion. Interpretation. (Cap. 164.) Provision of first aid box or cupboard. Second Schedule. L.N. 238/83. Persons in charge of first aid box or cupboard. Team to include persons trained in first aid. Provision of stretchers. Exemption where first aid room provided. Shelter and facilities for meals. Keeping of records. L.N. 238/83. Offences and penalties relating to contractors. L.N. 280/78. L.N. 118/81. L.N. 238/83. L.N. 118/81. L.N. 138/83. Offences by persons employed. L.N.118/81. Offences by competent examiners, etc. L.N. 118/81. L.N. 238/83. Offences by other persons. L.N. 280/78. L.N 118/81. L.N. 238/83. L.N. 238/83. L.N. 280/78. L.N. 238/83.

Abstract

L.N. 159/78. L.N. 262/78. L.N. 280/78. L.N. 118/81. L.N. 238/83.* Citation. Interpretation. L.N. 280/78. L.N. 238/83. L.N. 238/83. L.N. 280/78. L.N. 280/78. L.N. 238/83. L.N. 238/83. L.N. 238/83. L.N. 238/83. L.N. 238/83. Application of regulations. Exemptions. Construction, maintenance, and inspection of lifting appliances. L.N. 280/78. First Schedule. Form 1. Precautions to be taken where lifting appliance has travelling or slewing motion. L.N. 238/83. Platforms for crane drivers and signallers. L.N. 238/83. Cabins for drivers. L.N. 280/78. Exemption form cabin requirements. L.N. 280/78. L.N. 238/83. Drums and pulleys. Brakes, controls, safety devices, etc. Poles or beams supporting pulley blocks or gin wheels. Stability of lifting appliances. L.N. 280/78. Anchoring and ballasting of cranes. First Schedule. Form 2. Stability of cranes secured by removable weights. Use of cranes in bad weather. Cranes with derricking jibs. Restrictions on the use of cranes. Prohibition on use of cranes with structural members made of timber. Erection, dismantling or alteration of cranes to be under supervision of competent person. L.N. 280/78. Trained workmen to operate lifting appliance or give signals. Signals. L.N. 280/78. Testing and examination of cranes, crabs, and winches. First Schedule, Forms 3 and 4. First Schedule, Forms 3 and 4. Testing and examination of pulley blocks, gin wheels and sheerlegs. L.N. 238/83. First Schedule, Form 4. First Schedule, Form 4. Thorough examinations of lifting appliances. First Schedule, Form 5. First Schedule, Form 5. First Schedule, Form 5. Defects to be notified to Commissioner. Marking of safe working loads. L.N. 238/83. Load not to exceed the safe working load. Scotch and guy derrick cranes. Multiple lifting appliances. L.N. 280/78. Construction, testing, examination, and safe working load of chains, ropes, and lifting gear. First Schedule, Form 6. Examination of chains, ropes, and lifting gear. First Schedule, Form 7. Multiple slings. L.N. 280/78. Safety of hoistways, platforms and cages. L.N. 238/83. Operation of hoists. L.N. 280/78. Winches. Safe working load and marking of hoists. Test and examination of hoists. First Schedule, Form 8. First Schedule, Form 9. First Schedule, Form 10. Hoists carrying persons. Carrying of persons by means of lifting appliances. L.N. 280/78. L.N. 238/83. Loads to be safely secured. L.N. 238/83. General. Provision of scaffolds, etc. Supervision of work and inspection of material. Construction and maintenance of scaffolds. Slung scaffolds. Cantilever, jib, figure and bracket scaffolds. Support for scaffolds, etc. Suspended scaffolds (not power operated). Boatswain's chairs (not power operated). Trestle scaffolds. Inspection of scaffolds. First Schedule, Form 12. Construction of working platforms, gangways, runs, etc. Widths of working platforms. Guard-rails at working platforms and places. Construction maintenance and use of ladders and folding step-ladders. Openings, corners, breaks and edges. (Cap. 123, sub. leg.) Prevention of falls and provision of safety nets and belts. Duty to wear safety belt. Safety of excavations, etc. First Schedule, Form 11. L.N. 280/78. L.N. 238/83. Fencing of excavations, etc. L.N. 280/78. L.N. 238/83. L.N. 238/83. Safe guarding the edges of excavations, etc. L.N. 280/78. Requirements for emergency escape. L.N. 280/78. Prevention of inhalation of dust and fumes. Protection of eyes. Fencing of machinery. Trained and competent workmen to operate mechanical equipment. L.N. 238/83. Cleaning of dangerous machinery by women or young persons. (Cap. 59, sub. leg.) Use of electricity on construction sites. Safety helmets. L.N. 280/78. Protection from falling materials. Lighting of working places, etc. Projecting nails. Materials kept on construction sites. Prevention of drowning. L.N. 280/78. Power to prohibit smoking. Maintenance of fire escapes and fire-fighting appliances. Sanitary conveniences, etc. Information to be furnished to Commissioner. Further information. Notification of change. Notification of completion. Interpretation. (Cap. 164.) Provision of first aid box or cupboard. Second Schedule. L.N. 238/83. Persons in charge of first aid box or cupboard. Team to include persons trained in first aid. Provision of stretchers. Exemption where first aid room provided. Shelter and facilities for meals. Keeping of records. L.N. 238/83. Offences and penalties relating to contractors. L.N. 280/78. L.N. 118/81. L.N. 238/83. L.N. 118/81. L.N. 138/83. Offences by persons employed. L.N.118/81. Offences by competent examiners, etc. L.N. 118/81. L.N. 238/83. Offences by other persons. L.N. 280/78. L.N 118/81. L.N. 238/83. L.N. 238/83. L.N. 280/78. L.N. 238/83.

Identifier

https://oelawhk.lib.hku.hk/items/show/2337

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

58
]]>
Tue, 23 Aug 2011 18:05:59 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (ELECTROLYTIC CHROMIUM PROCESS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2336

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (ELECTROLYTIC CHROMIUM PROCESS) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(ELECTROLYTIC CHROMIUM PROCESS)
REGULATIONS

(Cap. 59, section 7)

[1 September 1972.1

PART I

PRELIMINARY

1. These regulations may be cited as the Factories and
Industrial Undertakings (Electrolytic Chromium Process) Regulat-
ions.

2. In these regulations, unless the context otherwise requires---

'bath' means any vessel used for an electrolytic chromium process
or for any process subsequent thereto;
.'electrolytic chromium process' means the electrolytic plating,
polishing or oxidation of articles wholly or partly consisting of
metal by the use of an electrolyte containing chromic acid or
other chromium compound;

,,employee' means a person employed in any process involving
contact with liquid or vapour from a bath.

3. These regulations shall apply to any industrial undertaking
in which any electrolytic chromium process is carried on.

PART II

DUTIES OF PROPRIETORS

4. The floor of every place containing a bath shall be rendered
even and impervious to water and shall be maintained in that
condition and washed down daily.

5. At every bath in which an electrolytic chromium process is
carried on, an efficient exhaust draught shall be provided by
mechanical means and shall operate on the vapour or spray given off
as near as may be at the point of origin, so as to prevent it from
entering into any other place in which any person works.

6. (1) There shall be provided and maintained in good
condition for the use of every employee-

(a)aprons with bibs, which shall be of sufficient length and
made of rubber, leather or other impermeable material;

(b) loose fitting rubber gloves of suitable length; and





(c) rubber boots or other waterproof foot wear.

(2) There shall be provided and maintained in good condition
suitable accommodation for the storage, and adequate arrangement for
the drying, of the protective clothing provided under paragraph

7. (1) There shall be provided for the use of every employee-

(a)a sufficient supply of clean towels, which shall be renewed
daily; and

(b)a sufficient supply of water, soap, nail brushes and ointments
suitable for the protection of the skin.

(2) In this regulation, 'employee' includes a person engaged in
subsequent polishing or finishing by aid of mechanical power involving
exposure to chromium oxide or other compounds of chromium.

8. A notice, in English and Chinese, as to the effects of chrome on
the skin, and in a form approved by the Commissioner shall be
prominently displayed adjacent to every bath.

PART III

DUTIES OF PERSONS EMPLOYED

9. No employee shall misuse or, without the consent of the
proprietor, interfere with any appliance or any item of protective
clothing provided in accordance with these regulations.

10. Every employee shall-

(a)wear the protective clothing provided for him under
regulation 6; and

(b)when it is not being worn, deposit the protective clothing
provided for him, in the place for the storage thereof provided
under regulation 6.

PART IV

OFFENCES AND PENALTIES

11. (1) The proprietor of an industrial undertaking who
contravenes any of the provisions of regulations 4, 5, 6, 7 and 8 shall be
guilty of an offence and shall

(a)in respect of a contravention of regulation 4 or 5, be liable on
conviction to a fine of 520,000; and

(b)in respect of a contravention of regulation 6, 7 or 8, be liable
on conviction to a fine of 510,000.

(2) Any employee who contravenes any of the provisions of
regulations 9 and 10 shall be guilty of an offence and liable on
conviction to a fine of 5 10,000.
L.N. 50/72. L.N. 320/81. Citation. Interpretation. Application. Floors. Mechanical exhaust. Provision, storage and drying of protective clothing. Towels, soap, etc. Warning notice. Misuse of appliance, protective clothing. Persons employed to wear protective clothing. Offences and penalties. L.N. 320/81.

Abstract

L.N. 50/72. L.N. 320/81. Citation. Interpretation. Application. Floors. Mechanical exhaust. Provision, storage and drying of protective clothing. Towels, soap, etc. Warning notice. Misuse of appliance, protective clothing. Persons employed to wear protective clothing. Offences and penalties. L.N. 320/81.

Identifier

https://oelawhk.lib.hku.hk/items/show/2336

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

2
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Tue, 23 Aug 2011 18:05:58 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (WOODWORKING MACHINERY) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2335

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (WOODWORKING MACHINERY) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(WOODWORKING MACHINERY) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. Page

PART 1

PRELIMINARY

1. Citation............................... ... ... ... ... ... ... ... ... G 2

2. Application...................... ... ... ... ... ... ... ... ... ... G 2
3. Interpretation................... ... ... ... ... ... ... ... ... ... ... G 2

PART 11

DUTIES OF PROPRIETORS

4. Stopping and starting devices ......... ... ... ... ... ... ... ... ... G 2

5 ..........Clear space ................. ... ... ... ... ... ... ... ... ... G 3

6. Floors ................................ ... ... ... ... ... ... ... G 3
7. Lighting .............................. ... ... ... ... ... ... ... G 3

8. Underground rooms...................... ... ... ... ... ... ... ... G 3

9. Training .............................. ... ... ... ... ... ... ... G 3

10...............Fencing of circular saw ... ... ... ... ... ... ... ... ... G 3

11...........Push-sticks ................. ... ... ... ... ... ... ... ... ... G 4

12......................Guarding of swing and pendulum saws ... ... ... ... ... ... ... ... G 4

13.................Guarding of plain band saws ... ... ... ... ... ... ... ... ... G 4

14.............Planing machines ............. ... ... ... ... ... ... ... ... ... G 4

15......................Vertical spindle moulding machine ... ... ... ... ... ... ... ... G 5

16.................Chain mortising machine ... ... ... ... ... ... ... ... ... ... G 5

17...........Maintenance ................. ... ... ... ... ... ... ... ... ... G 5

18....................Exclusion of certain regulations ... ... ... ... ... ... ... ... ... G 5

PART III

DUTIES OF PERSONS EMPLOYED

19...............Woodworking machine ..... ... ... ... ... ... ... ... ... ... ... G 6

PART IV

OFFENCES AND PENALTIES

20. Offences and penalities ... ... ... ... ... ... ... ... ... ... ... ... G 6





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(WOODWORKING MACHINERY) REGULATIONS

(Cap. 59, section 7)

[1 November 1971.1

PART I

PRELIMINARY

1. These regulations may be cited as the Factories and Industrial
Undertakings (Woodworking Machinery) Regulations.

2. These regulations shall apply to any industrial undertaking in
which any woodworking machine is used.

3. In these regulations, unless the context otherwise requires--

-circular saw' means a circular saw working in a bench (including a rack
bench) for the purpose of ripping, deep-cutting or crosscutting;
but does not include a swing saw or other saw which is moved
towards the wood;

-plain band saw' means a band saw. other than a log saw or a band re-
sawing machine. the cutting portion of which runs in a vertical
direction;

'planing machine*' includes a machine for overhand planing or for
thicknessing or for both operations;

.,swing saw- or pendulum saw- means a revolving saw mounted in a
frame, column or chassis which is suspended from a pivot above
the table. bench or other support on which the wood is placed and
which is operated by being pulled across the table, bench or other
support on which the wood is placed;

'underground room' means a room any part of which is so situated that
half or more of the whole height thereof measured from the floor to
the ceiling is below the surface of the footway of the adjoining
street or of the ground adjoining or nearest to the room;

,.woodworking machine' means any circular saw, swing saw, pendulum
saw, plain band saw, planing machine, vertical spindle moulding
machine or chain mortising machine that operates on wood.

PART II

DUTIES OF PROPRIETORS

4. A woodworking machine shall be provided with an efficient
stopping and starting appliance, and the control of this





appliance shall be in such a position as to be readily and conveniently
operated by the person in charge of the machine.

5. Sufficient clear and unobstructed space shall be maintained at a
woodworking machine while in motion to enable the work to be carried
on without unnecessary risk.

6. The floor surrounding a woodworking machine shall be
maintained in good and level condition, and, as far as practicable, free
from chips and other loose material, and shall not be allowed to become
slippery.

7. (1) Adequate lighting shall be provided for a woodworking
machine.

(2) Artificial lighting shall be so placed or shaded as to prevent
direct rays of light from impinging on the eyes of the operator while he
is operating such machine.

(3) No illumination will be considered adequate which provides
less than 160 lux of light of working area.

8. No woodworking machine shall be worked in any underground
room which is certified by the Commissioner for Labour to be unsuitable
for the purpose as regards height, construction. light, ventilation or in
any other respect.

9. (1) A person while being trained to work a woodworking machine
shall be fully and carefully instructed as to the dangers arising in
connexion with such machine and the precautions to be observed.

(2) Except with the written permission of the Commissioner for
Labour, no person under 16 years of age shall be employed on any
woodworking machine.

10. (1) The part of a circular saw below the bench table shall be
protected by fencing it with 2 plates of metal or other suitable material,
one on each side of the saw and such plates shall not be more than 150
millimetres apart and shall extend from the axis of the saw outwards to a
distance of not less than 50 millimetres beyond the teeth of the saw.

(2) If metal plates are used for the purpose mentioned in paragraph
(1), the plate shall

(a) if not beaded, be of a thickness not less than 2 millimetres;

(b) if beaded, be of a thickness not less than 1 millimetre.

(3) Behind and in direct line with the circular saw there shall be a
riving knife, which shall

(a) have a smooth surface;

(b) be strong, rigid and easily adjustable;





(c)be so positioned that the edge of the knife nearer the saw shall
form an arc of a circle having a radius not exceeding the radius
of the largest saw used on the bench;

(d)be maintained as close as practicable to the saw, having
regard to the nature of work being done at the time, and. at the
level of the bench table, be so positioned that the distance
between the front edge of the knife and the teeth of the saw
does not exceed 15 millimetres;

(e)for a circular saw of a diameter of less than 600 millimetres,
extend upwards from the bench table to within 25 millimetres of
the top of the saw;

for a circular saw of a diameter of 600 millimetres or more,
extend upwards from the bench table to a height of not less
than 250 millimetres.

(4) The top of a circular saw shall be covered by a strong and
easily adjustable guard, with a flange at the side of the-saw furthest
from the fence; and such guard shall

(a)be kept so adjusted that the flange shall extend below the
roots of the teeth of the saw;

(b)extend from the top of the riving knife to a point as low as
practicable at the cutting edge of the saw.

11. A suitable push-stick shall be kept available for use at the
bench of a circular saw that is fed by hand so as to enable the work to
be carried on without unnecessary risk.

12. (1) A swing saw or pendulum saw shall be guarded as far as
is practicable and shall be so designed and maintained that it
automatically returns to the back position when released at any point of
its travel.

(2) A swing saw or pendulum saw shall be provided with limit
chains or other effective devices to prevent the front edge of the saw
being pulled out in front of the work table; and such chains or devices
shall be maintained in good working order.

13. A plain band saw shall have-

(a)both sides of the bottom pulley completely encased by sheet
metal or other suitable material;

(b)the front of the top pulley covered with sheet metal or other
suitable material;

(c)all portions of the blade enclosed or securely guarded. except
the portion of the blade between the bench table and the top
guide.

14. (1) No planing machine, which is not mechanically fed, shall be
used for overhand planing unless it is fitted with a cylindrical cutter
block.





(2) A planing machine used for overhand planing shall be provided
with a 'bridge' guard capable of covering, the full length and breadth
of the cutting slot in the bench, and shall be so constructed as to be
easily adjusted both in a vertical and horizontal direction.

(3) The feed roller of a planing machine used for thicknessing,
except a machine used both for overhand planing and thicknessing,
shall be provided with an efficient guard.

15.(1) The cutter of a vertical spindle moulding machine shall if
practicable, be provided with the most efficient guard having rig regard
to the nature of the work being performed.

(2) For such work as cannot be performed with an efficient guard
for the cutter, the wood being moulded at a vertical spindle moulding
machine shall if practicable. be held in a Jig or holder of such
construction as to reduce as far as possible the risk of accident to the
person working the machine.

(3) A suitable---spike-or push-stick shall be kept available for use
at the bench of a vertical spindle moulding machine.

16. The chain of a chain mortising machine shall he provided with
a guard that shall enclose the cutters as far as practicable.

17. (1) All tools, blades and cutting instruments of a woodworking
machine and other machines operating on wood shall be

(a) kept free from patent defect;

(b) properly maintained;

(e) kept clean;

(d) properly ground, sharpened and set.

(2) Without prejudice to the generality of paragraph (1), no saw
that is cracked shall be. used in a circular saw.

(3) The guards and other appliances required under these
regulations shall be

(a) maintained in an efficient state;

(b)constantly kept in position when the machine is in motion,
except when, owing to the nature of the work being done, the
use of the guards or appliances is rendered impracticable;

(c)so adjusted as to enable the work to be carried on without
unnecessary risk.

18. Regulations 10, 13, and 14(2) and (3) shall not apply to a
woodworking machine in respect of which it can be shown that other
safeguards are provided and maintained, which render the machine
equally safe as it would be if guarded in the manner specified in these
regulations.





PART III

DUTIES OF PERSONS EMPLOYED

19. A person employed on a woodworking machine shall-

(a)use and maintain in proper adjustment the guards provided in
accordance with these regulations;

(b)use the 'spikes' or push-sticks and jigs or holders provided
in compliance with regulations 11 and 15(2) and (3),

except when, owing to the nature of the work being done, the use of the
guards or appliances is rendered impracticable.

PART IV

OFFENCES AND PENALTIES

20. (1) If regulation 9, 10, 12, 13, 14, 15, 16 or 17 is contravened. the
proprietor shall be guilty of an offence and shall be liable on conviction
to a fine of 530,000.

(2) If regulation 4, 5, 6, 7, 8 or 11 is contravened, the proprietor
shall be guilty of an offence and shall be liable on conviction to a fine of
520.000.

(3) Any person employed on a woodworking machine who
contravenes regulation 19 shall be guilty of an offence and shall be
liable on conviction to a fine of 510.000.
L.N. 50/71. L.N. 171/74. L.N. 319/81. L.N. 238/84. Citation. Application. Interpretation. L.N. 238/84. L.N. 171/74. Stopping and starting devices. Clear space. Floors. Lighting. L.N. 238/84. Underground rooms. Training. Fencing of circular saw. L.N. 238/84. Push-sticks. Guarding of swing and pendulum saws. Guarding of plain band saws. Planing machines. Vertical spindle moulding machine. Chain mortising machine. Maintenance. Exclusion of certain regulations. Woodworking machine. Offences and penalties. L.N. 319/81.

Abstract

L.N. 50/71. L.N. 171/74. L.N. 319/81. L.N. 238/84. Citation. Application. Interpretation. L.N. 238/84. L.N. 171/74. Stopping and starting devices. Clear space. Floors. Lighting. L.N. 238/84. Underground rooms. Training. Fencing of circular saw. L.N. 238/84. Push-sticks. Guarding of swing and pendulum saws. Guarding of plain band saws. Planing machines. Vertical spindle moulding machine. Chain mortising machine. Maintenance. Exclusion of certain regulations. Woodworking machine. Offences and penalties. L.N. 319/81.

Identifier

https://oelawhk.lib.hku.hk/items/show/2335

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:05:57 +0800
<![CDATA[QUARRIES (SAFETY) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2334

Title

QUARRIES (SAFETY) REGULATIONS

Description






Q, QUARRIES (SAFETY) REGULATIONS
/-XRRANGEMENT OF REGULATIONS



Regulation PART 1 Page

PRELIMINARY

1.........Citation ....................... ... ... ... ... ... ... ... ... ... F 3
2.........Interpretation ................. ... ... ... ... ... ... ... ... ... ... F3

PART 11

APPROVAL OF SUPERVISORS AND DEPUTY SUPERVISORS

3........................Application for approval as supervisor ... ... ... ... ... ... ... F 4

4.....................Grounds for approval of supervisor ... ... ... ... ... ... ... F 4

5..........................Application for approval as deputy supervisor ... ... ... ... F 5

6........................Grounds for approval of deputy supervisor ... ... ... ... ... ... ... F 5

7. Commissioner to serve notice of decision on applicant ... ... ... F 6

8.....................Approval to be withdrawn on request ... ... ... ... ... ... ... ... F 6

9. Proprietor to give notice of termination of employment of supervisor or deputy

supervisor .............................. ... ... ... ... ... ... F 6

10. Grounds on which approval of supervisor or deputy supervisor may be withdrawn F 7

it.........................Time limit for appeal ... ... ... ... ... ... F 7

12.......Powers of Governor...ernor on appeal ... ... ... ... ... ... ...
.....................F 7

13. Permission for supervisor or deputy supervisor to continue to act pending appeal F 7

PART Ill

REGISTERS

14...................Registers to be kept in quarry ... ... ... ... ... ... ... ... ... F 8

PARTIV

SAFETY EQUIPMENT

15..............Quarry to be fenced ......... ... ... ... ... ... ... ... ... ... F 8

16............Warning notices ............... ... ... ... ... ... ... ... ... ... F 8

17.....................Proprietor to provide safety helmets ... ... ... ... ... .... ... ... F 9
18.....................Proprietor to provide safety rope or harness ... ... ... ... ... ... F
9

PART V

FIRST AID IN QUARRIES

19............................Certain number of workers to be trained in first aid ... ... ... ... ... F 9







20. Proprietor to deliver to Commissioner for Labour particulars of persons trained

in first aid ............................ ... ... ... ... ... ... ... F 9

21.......................First aid equipment to be kept in quarry ... ... ... ... ... ... ... F 10

22............................First aid equipment to be kept in box or cupboard ... ... ... ... ... F 10

23.....................................Proprietor to designate person in charge of first aid box or cupboard ... F 11

24..............................Stretcher to be kept alongside first aid box or cupboard ... ... ... ... F 11





Regulation Page

PART VI

QUARRY OPERATIONS

25. No work to be carried on except under sole supervision of supervisor or
deputy

supervisor ... ... ... ... ... ... ... ... ... ... ... ... ... ... F 11
26. Supervisor on duty to complete daily entry in Time Register ... ... ... ...
F 12
27. Persons not to work in quarry without sufficient instruction or training ... ... F
12
28. Supervisor on duty to inspect working places periodically ... ... ... ... ...
F 12
29. Supervisor on duty to prohibit entry to dangerous place or road ... ... ... F 12
30. Inspection report ... ... ... ... ... ... ... ... ... ... ... ... ... F 12
31. Offence to enter dangerous place or road in contravention of prohibition ... F 13
32. Worker to carry out periodic inspections of working place ... ... ...
F 13
33. Supervisor on duty to inspect working place reported to be unsafe ... ... ... F
13
34. Inspection report ... ... ... ... ... ... ... ... ... ... ... ... .1. F 13
35. Offence to enter unsafe place in contravention of prohibition ... ... ... ... F
14
36. Safety helmet to be worn for certain work ... ... ... ... ... ... ... ... F 14
37. Safety rope of harness to be worn for certain work ... ... ... ... ... F 14
38. Supervisor on duty to inspect equipment periodically ... ... ... ... ... F 14
39. Supervisor on duty to prohibit use of unsafe or inefficient equipment ... ... F
15
40. Inspection report ... ... ... ... ... ... ... ... ... ... ... ... ... F 15
41. Offence to use unsafe or inefficient equipment in contravention of prohibition F 15
42. Offence to use mechanical equipment without permission of supervisor on duty F
16
43. Inexperienced person not to use mechanical equipment ... ... ... ... F 16
44. Unlicensed person not to use certain vehicles in quarry ... ... ... ...
F 16
4 5. Supervisor on duty not to permit mechanical equipment to be used at or near
edges unless banksman present ... ... ... ... ... ... ... ... ... ... F 16
46. Mechanical equipment not to be used at or near edges unless banksman present F
16
47. Worker to report defect in equipment ... ... ... ... ... ... ... ... ... F 16
48. Supervisor on duty to inspect reported defect in equipment ... ... ... ...
F 17
49. Inspection report ... ... ... ... ... ... ... ... ... ... ... ... ... F 17
50. Offence to use defective equipment in contravention of prohibition ... ... ... F
17
51. Offence to go under certain mechanical equipment ... ... ... ... ... ...
F 17
52. Manner in which work is to be executed ... ... ... ... ... ... ... ... F 17
53. Overburden to be cleared back ... ... ... ... ... ... ... ... ... ... F 18
54. Maximum height of face . ... ... ... ... ... ... F 18
55. Commissioner may permit work on face exceeding maximum height ... ... F 18
56. Work on faces not to be carried on simultaneously where danger of falling objects F
19
57. Accidents and dangerous occurrences ... ... ... ... ... ... ... ... ... F 19

PART VII
MISCELLANEOUS

58. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... F 19
59. Liability of proprietor ... ... ... ... ... ... ... ... ... ... ... ... F 20

First Schedule. Form 1: Application for approval as a supervisor deputy supervisor






of a quarry ... ... ... ... ... ... ... ... ... ... ... F 20
Form 2: Equipment Register ... ... ... ... ... ... ... ... F 21
Form 3: Quarry Inspection Register ... ... ... ... ... ... F 22
Form 4: Time Register ... ... ... ... ... ... ... ... ... ... F 22

Second Schedule. Part 1: First
aid equipment required where the number of persons
employed or engaged to work in a quarry does not exceed 50 F 23
Part II: First aid equipment required where the number of persons
employed or engaged to work in a quarry exceeds 50 ... ... F 23





QUARRIES (SAFETY) REGULATIONS
(Cap. 59. section 7)
[28 February 1969.1

PART 1

PRELMINARY

1. These regulations may be cited as the Quarries (Safety)
Regulations.

2. In these regulations, unless the context otherwise requires---

---anchorage'means a fixed object of adequate strength. embedded in
firm ground, to which a safety rope can be securely attached;

---approveddeputy supervisor- means a person approved as a deputy
supervisor of a quarry under regulation 6(1)

-approved supervisor' means a person approved as a supervisor of a
quarry under regulation 4(1),

'banksman' means a person who, for the purpose of preventing any
mechanical equipment in a quarry from going over the edge of any
face, side, tip or embankment in the quarry, directs and guides the
operator or driver of that equipment from the ground;

'dangerous occurrence' means an occurrence specified in the Schedule
to the Factories and Industrial Undertakings Regulations;

'Equipment Register' means the register required to be kept and
maintained in a quarry under regulation ]4(1)(a);

-mechanical equipment' means a bulldozer, dumper, excavator, grader,
lorry or shovel loader, or any mobile machine which is used for the
handling of any substance in a quarry;

,,overburden' means any other substance which overlies the granite,
porphyry or limestone which is extracted in a quarry,

'person trained in first aid' means a person who

(a)holds a current certificate of competency in first aid issued by
the St. John Ambulance Association; or

(b)is a registered nurse within the meaning of the Nurses
Registration Ordinance,

and, until 1 July 1970, also means a person who holds a certificate
of competency in first aid issued by the St. John Ambulance
Association at any time after 1 October 1959;





'Quarry Inspection Register' means the register required to be kept and
maintained in a quarry under regulation 14(1)(b);

',safety harness' includes a safety belt; 13

',safety rope' means a fibre or nylon rope which whether consisting
of a single length or made up of lengths, has an overall
minimum breaking load of 3,000 pounds force and a minimum
circumference of 1 1/4 inches,

'supervisor on duty' means the approved supervisor or the approved
deputy supervisor under whose supervision any work is for the
time being carried on in a quarry in accordance with regulation
25(1) or (2);

'Time Register' means the register required to be kept and maintained
in a quarry under regulation 14(1)(c);

,'vehicle' includes any mechanical equipment; and

'work' includes the operation or driving of any mechanical equipment.

PART II

APPROVAL OF SUPERVISORS AND DEPUTY SUPERVISORS

3. (1) An application for the approval of any person as a supervisor
of a quarry shall be made by that person in the prescribed form.

(2) Every application made under paragraph (1) shall have a full-
face photograph of the applicant affixed thereto.

(3) Any application made under paragraph (1) may specify a date.
being not more than 3 months later than the date of the application,
before which the applicant does not desire the approval to come into
effect.

4. (1) Where, on an application for the approval of any person as a
supervisor of a quarry, the Commissioner for Labour is satisfied that the
applicant

(a) is not less than 30 years of age:

(b)has had not less than 5 years practical experience in work in
quarries, and

(e)is competent to be an approved supervisor of the quarry for
the purposes of these regulations.

and that the proprietor consents to the approval of the applicant. the
Commissioner for Labour may approve the applicant as a supervisor of
the quarry.

(2) Where the Commissioner for Labour approves under paragraph
(1) any applicant who has specified under regulation 3(3)





a date before which the applicant does not desire such approval to
come into effect, such approval shall come into effect on the date so
specified.

(3) Subject to paragraph (2), every approval by the Commis-
sioner for Labour under paragraph (1) shall come into effect
immediately.

(4) Where, at the time that any approval by the Commissioner
for Labour under paragraph (1) comes into effect, the applicant so
approved is an approved supervisor or an approved deputy supervi-
sor of any other quarry, the approval of the applicant in respect of
such other quarry shall be deemed thereupon to be withdrawn.

(5) Where the approval of any supervisor or deputy supervisor
of a quarry is deemed to be withdrawn under paragraph (4), the
Commissioner shall forthwith notify the proprietor of such quarry
in writing, in English and in Chinese. that such approval has been so
withdrawn.

5. (1) An application for the approval of any person as a
deputy supervisor of a quarry shall be made by that person in the
prescribed form.

(2) Every application made under paragraph (1) shall have a
full-face photograph of the applicant affixed thereto.

(3) Any application made under paragraph (1) may specify a
date. being not more than 3 months later than the date of the
application, before which the applicant does not desire the approval
to come into effect.

6. (1) Where, on an application for the approval of any
person as a deputy supervisor of a quarry, the Commissioner for
Labour is satisfied that the applicant-

(a) is not less than 25 years of age;

(b)has had not less than 3 years practical experience in work
in quarries; and

(e)is competent to be an approved deputy supervisor of the
quarry for the purposes of these regulations,

and that the proprietor consents to the approval of the applicant, the
Commissioner for Labour may approve the applicant as a deputy
supervisor of the quarry.

(2) Where the Commissioner for Labour approves under
paragraph (1) any applicant who has specified under regulation 5(3)
a date before which the applicant does not desire such approval to
come into effect, such approval shall come into effect on the date so
specified.

(3) Subject to paragraph (2). every approval by the Commis-
sioner for Labour under paragraph (1) shall come into effect
immediately.





(4) Where, at the time that any approval by the Commissioner for
Labour under paragraph (1) comes into effect, the applicant so
approved is an approved supervisor or an approved deupty supervisor
of any other quarry, the approval of the applicant in respect of such
other quarry shall be deemed thereupon to be withdrawn.

(5) Where the approval of any supervisor or deputy supervisor of a
quarry is deemed to be withdrawn under paragraph (4), the
Commissioner shall forthwith notify the proprietor of such quarry in
writing, in English and in Chinese, that such approval has been so
withdrawn.

7. (1) Where the Commissioner for Labour approves or refuses to
approve any person as a supervisor or deputy supervisor under
regulation 4(1) or regulation 6(1), the Commissioner shall forthwith
notify that person in writing, in English and in Chinese, of his decision.

(2) Where the Commissioner for Labour refuses to approve any
person as a supervisor or deputy supervisor, the notice referred to in
paragraph (1) shall include

(a)a statement of the reasons of the Commissioner for Labour for
his refusal; and

(b)an endorsement which shall set out the provisions of this
regulation and of regulations 11, 12 and 13.

(3) Any person whom the Commissioner for Labour refuses to
approve as a supervisor or deputy supervisor under regulation 4(1) or
regulation 6(1) may appeal by way of petition to the Governor.

8. (1) At the request of an approved supervisor or an approved
deputy supervisor in a quarry, the Commissioner for Labour shall
withdraw his approval of that supervisor or deputy supervisor.

(2) Where the Commissioner for Labour withdraws his approval of
any supervisor or deputy supervisor under paragraph (1), the
Commissioner shall forthwith notify the proprietor of the quarry in
writing, in English and in Chinese, that his approval has been so
withdrawn.

9. (1) Where the proprietor of a quarry ceases to employ an
approved supervisor or an approved deputy supervisor, the proprietor
shall within 14 days thereafter notify the Commissioner for Labour in
writing, in English or in Chinese. of

(a) the full name of that supervisor or deputy supervisor, and

(b)the date on which he ceased to employ that supervisor or
deputy supervisor.

(2) Any proprietor who contravenes paragraph (1) shall be guilty of
an offence.





10. (1) Where the Commissioner for Labour is satisfied that an
approved supervisor or an approved deputy supervisor of a quarry

(a)has been convicted of an offence against these regulations;
or

(b)is no longer acting as an approved supervisor or an approved
deputy supervisor of the quarry for the purposes of these
regulations,

he may withdraw his approval of that supervisor or deputy supervisor.

(2) Where the Commissioner for Labour withdraws his approval of
a supervisor or a deputy supervisor under paragraph (1), the
Commissioner shall forthwith serve notice in writing. in English and in
Chinese. of his decision on

(a) that supervisor or deputy supervisor; and

(b) the proprietor of the quarry.

(3) Every notice referred to in paragraph (2) shall include-

(a)a statement of the reasons of the Commissioner for Labour for
withdrawing his approval; and

(b)an endorsement which shall set out the provisions of this
regulation and of regulations 11. 12 and 13.

(4) Any supervisor or deputy supervisor in respect of whom the
Commissioner for Labour withdraws his approval under paragraph (1)
may appeal by way of petition to the Governor.

11. Every appeal under regulation 7(3) or regulation 10(4) shall be
brought within 21 days of the date of service on the appellant of the
notice in writing of the decision of the Commissioner for Labour against
which the appeal is brought.

12. Upon any such appeal the Governor may confirm, reverse or
vary the decision of the Commissioner for Labour.

13. (1) Where the Commissioner for Labour withdraws his approval
of a supervisor or deputy supervisor of a quarry under regulation 10(1),
the Commissioner for Labour may permit the supervisor or deputy
supervisor to continue to be an approved supervisor or an approved
deputy supervisor of the quarry on such conditions, if any, as the
Commissioner for Labour thinks fit

(a)until the time specified in regulation 11 for bringing an appeal
has expired; or

(b)where the supervisor or duputy supervisor within the time
specified in regulation 11 appeals against the decision of the
Commissioner for Labour, until the appeal is disposed of,

whichever event occurs first.





(2) Notwithstanding paragraph (1), where the supervisor or deputy
supervisor within the time specified in regulation 11 appeals against the
decision of the Commissioner for Labour and the appeal is not disposed
of within that specified time, the Commissioner for Labour may permit
the supervisor or deputy supervisor to continue to be an approved
supervisor or an approved deputy supervisor of the quarry on such
conditions, if any, as the Commissioner for Labour thinks fit, until the
appeal is disposed of.

PART III

REGISTERS

14. (1) In every quarry there shall at all times be kept and
maintained the following registers

(a) an Equipment Register;

(b) a Quarry Inspection Register; and

(e) a Time Register.

(2) Every register shall be in the prescribed form and may be
maintained either in English or in Chinese.

(3) The proprietor of any quarry in respect of which paragraph (1)
or (2) is contravened shall be guilty of an offence.

e

PART IV

SAFETY EQUIPMENT

15. (1) Every quarry shall be bounded by a five-strand wire fence or
by such other type of fence as the Commissioner or any officer
authorized in writing by the Commissioner for Labour may approve in
writing in any particular case. 1. 2.

(2) Every fence shall be not less than 4 feet in height above the
ground.

(3) The proprietor of any quarry in respect of which paragraph (1)
or (2) is contravened shall be guilty of an offence.

16. (1) Every quarry shall have along its boundary fences, at
intervals of not more than 50 feet, warning notices in accordance with
this regulation. is

(2) Every warning notice shall

(a) face outwards from the quarry; and

(b) bear in letters and characters of not less than 1 1/2 inches in
height, the following-
---DANGER-QUARRY

Note: Parts III and IV came into operation on 1. 10. 1969.





(3) The proprietor of any quarry in respect of which para-
graph (1) or (2) is contravened shall be guilty of an offence.

17. (1) The proprietor of every quarry shall provide for every
person who works on any top, face or floor in the quarry a safety
helmet of a type approved by the Commissioner or any officer
authorized in writing by the Commissioner for Labour.

(2) Any proprietor who contravenes paragraph (1) shall be
guilty of an offence.

18. (1) The proprietor of every quarry shall provide for every
person who works on any top or face in the quarry a safety rope and
a safety harness of a type approved by the Commissioner or any
officer authorized in writing by the Commissioner for Labour.

(2) Any proprietor who contravenes paragraph (1) shall be
guilty of an offence.

PART V

FIRST AID IN QUARRIES

19. (1) No work shall be carried on in any quarry unless the
following number of the persons working in the quarry are persons
trained in first aid-

(a)where less than 50 persons are so working, 3 persons or
such lesser number of persons as the Commissioner or any
officer authorized in writing by the Commissioner for
Labour may specify in writing in any particular case;

(b)where 50 or more persons but less than 300 persons are so
working, 3 persons; and

(e) where 300 or more persons are so working, 5 persons.

(2) Where any work is carried on in a quarry in contravention
of paragraph (1)-

(a) the proprietor; and

(b) the supervisor on duty,

shall each be guilty of an offence.

20. (1) The proprietor of every quarry in which any person
trained in first aid is working at the date of commencement of this
Part shall within 14 days thereafter deliver in writing, in English
or in Chinese, to the Commissioner for Labour the information
required under paragraph (3) in relation to such person.

(2) The proprietor of every quarry in which any person trained
in first aid commences to work after the date of commencement of

Note: Part V came into operation on 1. 10, 1969.





this Part shall within 14 days of the date on which that person
commences to work in the quarry deliver in writing, in English or in
Chinese, to the Commissioner for Labour the information required under
paragraph (3) in relation to such person.

(3) The information required to be delivered in writing to the
Commissioner for Labour in respect of the person trained in first aid
shall be

(a) the full name of such person;

(b)the date on which he commenced to work in the quarry; and

(c)the qualifications by virtue of which he is deemed to be
trained in first aid.

(4) Where after the date of commencement of this Part any person
trained in first aid ceases to work in any quarry, the proprietor of the
quarry shall within 14 days of such person having ceased to work in the
quarry notify the Commissioner for Labour in writing, in English or in
Chinese, of

(a) the full name of such person; and

(b)the date on which such person ceased to work in the quarry.

(5) Any proprietor who contravenes paragraph (1). (2) or (4) shall
be guilty of an offence.

21. (1) In every quarry there shall at all times be kept and
maintained in good condition the first aid equipment specified in the
Second Schedule.

(2) The Commissioner or any officer authorized in writing by the
Commissioner for Labour may by notice in writing. in English and in
Chinese. to the proprietor of a quarry require that

(a)a sufficient supply of assorted sizes of waterproof adhesive
wound dressings; and

(b) a sufficient supply of waterproof adhesive plaster,

shall be kept and maintained in good condition in the quarry.

(3) The proprietor of a quarry in respect of which-

(a) paragraph (1); or

(b) a requirement made under paragraph (2).

is contravened shall be guilty of an offence.

22. (1) All first aid equipment which is required to be kept and
maintained in a quarry under regulation 21(1) and (2) shall be kept and
maintained in a first aid box or cupboard which is of adequate capacity
and which is in a readily accessible place.

(2) Nothing except first aid equipment shall be kept in a first aid box
or cupboard.





(3) Every first aid box or cupboard shall be marked plainly 'FIRST
AID in English and ' ' in Chinese.

(4) The proprietor of any quarry in respect of which paragraph (1),
(2) or (3) is contravened shall be guilty of an offence.

23. (1)-The proprietor of every quarry shall designate a person who
works in the quarry and who is a person trained in first aid to be in
charge of the first aid box or cupboard and the first aid equipment
contained therein.

(2) Any proprietor who contravenes paragraph (1) shall be guilty of
an offence.

24. (1) In every quarry a stretcher shall at all times be kept
alongside the first aid box or cupboard and maintained in good
condition.

(2) The proprietor of any quarry in respect of which paragraph (1)
is contravened shall be guilty of an offence.

PART VI

QUARRY OPERATIONS

25. (1) Except as provided in paragraph (2), no work shall be carried
on in any quarry unless

(a)an approved supervisor of the quarry is present at the quarry;
and

(b)the work is carried on under the sole supervision of such
approved supervisor.

(2) Where no approved supervisor is present at the quarry, work
may be carried on in the quarry if

(a)an approved deputy supervisor of the quarry is present at the
quarry; and

(b)the work is carried on under the sole supervision of such
approved deputy supervisor:

Provided that the total time in any 1 year during which work may be
carried on in a quarry in accordance with this paragraph shall not, except
with the consent in writing of the Commissioner or any person
authorized in writing by the Commissioner for Labour, exceed 500 hours.

(3) The proprietor of any quarry in which any work is carried on in
contravention of paragraph (1) or (2) shall be guilty of an offence.

Note: Part VI came into operation 1. 10. 1969.





26. (1) Every supervisor on duty in a quarry shall in respect of each
period during which work is carried on in the quarry under his
supervision complete the prescribed entry in the Time Register.

(2) Any supervisor on duty who contravenes paragraph (1) shall be
guilty of an offence.

27. (1) No supervisor on duty in a quarry shall permit any person to
work therein who has not received sufficient instruction and training in
the work in which he is engaged.

(2) Any supervisor on duty who contravenes paragraph (1) shall be
guilty of an offence.

28. (1) At the beginning of every work shift in any quarry, every
place or road therein which will be used by any person in the course of
his work during the work shift shall be inspected by the supervisor on
duty to determine whether any person who may use such place or road
during the work shift will be endangered or is likely to be endangered.

(2) At the beginning of the first work shift on every day on which
work is carried on in any quarry, the supervisor on duty shall inspect

(a) every top, face or side in the quarry; and

(b) any overburden in the quarry.

to determine whether the top, face. side or overburden endangers or is
likely to endanger any person at any place in the quarry.

(3) Any supervisor on duty who contravenes paragraph (1) or (2)
shall be guilty of an offence

29. (1) Where the supervisor on duty in a quarry

(a)on making any inspection under regulation 28(1) finds that
any person who may use any place or road in the quarry
during the working shift will be endangered or is likely to be
endangered; or

(b)on making any inspection under regulation 28(2) finds that
any top, face, side or overburden in a quarry endangers or is
likely to endanger any person at any place in the quarry.

he shall forthwith prohibit every person from entering or remaining on
such place or road. or such place. as the case may be. until the danger or
likelihood of danger is removed.

(2) Any supervisor on duty who contravenes paragraph (1) shall be
guilty of an offence.

30. (1) Every supervisor on duty in a quarry who makes an
inspection under regulation 28(1) or (2) shall forthwith enter in the
Quarry Inspection Register a full report of the result of his inspection
including details of any prohibition made by him under regulation 29(1).





(2) Any supervisor on duty who contravenes paragraph (1) shall
be guilty of an offence.

31. Any person who enters or remains on any place or road. or any
place, as the case may be, in a quarry in contravention of a prohibition
made by the supervisor on duty under regulation 29(1) shall be guilty of
an offence:

Provided that with the consent of the supervisor on duty a person
may enter or remain on the place or road. or place, as the case may be,
for the purposes of removing the danger or likelihood of danger.

32. (1) Every person who works in a quarry shall-

(a) at the beginning of every work shift therein; and

(b)after any shot has been fired at or in the vicinity of the
place.at which he is working.

inspect the place at which he is working to determine whether it is a safe
working place.

(2) If he is not satisfied with the safety of his working place. he
shall forthwith

(a) stop working there;

(b) leave the working place; and

(c)report to the supervisor on duty that he is not satisfied with
the safety of the working place.

(3) Any person who contravenes paragraph (1) or (2) shall be
guilty of an offence.

33. (1) Every supervisor on duty in a quarry who receives a report
under regulation 32(2)(c) shall forthwith inspect the working place
referred to in the report to determine whether it is a safe working place.

(2) Where, on making an inspection under paragraph (1), the
supervisor on duty finds that a working place is unsafe, he shall
forthwith prohibit every person from entering or remaining on such
place until it has been made safe.

(3) Any supervisor on duty who contravenes paragraph (1) or (2)
shall be guilty of an offence.

34. (1) Every supervisor on duty in a quarry who makes an
inspection under regulation 33(1) shall forthwith enter in the Quarry
Inspection Register a full report of the result of his inspection including
details of any prohibition made by him under regulation 33(2).

(2) Any supervisor on duty who contravenes paragraph (1) shall
be guilty of an offence.





35. Any person who enters or remains on any place in contra-
vention of a prohibition made by a supervisor on duty under
regulation 33(2) shall be guilty of an offence:

Provided that with the consent of the supervisor on duty, a
person may enter or remain on the place for the purposes of making
it safe.

36. (1) No person shall go or remain on any top, face or floor
in a quarry unless he is wearing a safety helmet of a type approved
by the Commissioner or any officer authorized in writing by the
Commissioner for Labour under regulation 17(1).

(2) Any person who-

(a)being the supervisor on duty in a quarry, permits any
person to go or remain on any top, face or floor in the
quarry in contravention of paragraph (1); or

(b) contravenes paragraph (1),

shall be guilty of an offence.

37. (1) No person shall go or remain on any top or face in a
quarry unless-

(a)he wears a safety harness of a type approved under
regulation 18(1);

(b)the safety harness is securely attached to a safety rope.,
and

(c)the free end of the safety rope is securely attached to an
anchorage.

(2) Any person who-

(a)being the supervisor on duty in a quarry, permits any
person to go or remain on any top or face in the quarry
in contravention of paragraph (1); or

(b) contravenes paragraph (1),

shall be guilty of an offence.

38. (1) At the beginning of the first work shift on everyday on
which work is carried on in any quarry, the supervisor on duty shall
inspect all mechanical equipment used in the quarry or which is in
the quarry for the purpose of being used, to determine whether it is
in safe and efficient working order and shall inspect every anchorage
which is in the quarry for the purpose of being used to determine
whether it is safe to be used.

(2) At the beginning of the first work shift on the first working
day of every week in which work is carried on in any quarry. the
supervisor on duty shall inspect-

(a)every safety rope and every safety harness used in the
quarry or which is in the quarry for the purpose of being





used, to determine whether they are in safe and efficient
working order; and

(b)every safety helmet used in the quarry or which is in the
quarry for the purpose of being used. to determine whether it
is in safe condition.

(3) Any supervisor on duty who contravenes paragraph (1) or (2)
shall be guilty of an offence.

39. (1) Where the supervisor on duty in a quarry---

(a)on making any inspection under regulation 38(1), finds that
any mechanical equipment is not in safe and efficient working
order or that any anchorage 'Is not safe to be used,

(b)on making any inspection under regulation 38(2)(a), finds that
any safety rope or safety harness is not in safe and efficient
working order; or

(e)on making any inspection under regulation 38(2)(h). finds that
any safety helmet is not in a safe condition.

he shall forthwith prohibit every person from operating or driving such
mechanical equipment or from using such anchorage, safety rope,
safety harness or safety helmet in the quarry until it has been put into
safe and efficient working order, or safe condition. or is safe to be used.
as the case may be.

(2) Any supervisor on duty who contravenes paragraph (1) shall
be guilty of an offence.

40. (1) Every supervisor on duty in a quarry who makes an
inspection under regulation 38(1) or (2) shall forthwith enter in the
Equipment Register a full report of the result of his inspection including
details of any prohibition made by him under regulation 39(1).

(2) Any supervisor on duty who contravenes paragraph (1) shall
be guilty of an offence.

41. Any person who-

(a) operates or drives any mechanical equipment, or

(b)uses any anchorage, safety rope, safety harness or safety
helmet,

in a quarry in contravention of a prohibition made by the supervisor on
duty under regulation 39(1) shall be guilty of an offence:

Provided that with the consent of the supervisor on duty a person
may operate or drive the mechanical equipment or use the anchorage,
safety rope, safety harness or safety helmet for the purposes of putting
it into safe and efficient working order, or safe condition, or making it
safe to be used, as the case may be.





42. (1) No person shall operate or drive any mechanical
equipment in a quarry without the permission of the supervisor
on duty.

(2) Any person who contravenes paragraph (1) shall be guilty
of an offence.

43. (1) No supervisor on duty in a quarry shall permit any
person who is not experienced in the operation of any mechanical
equipment to operate or drive such equipment in the quarry.

(2) Any supervisor on duty who contravenes paragraph (1)
shall be guilty of an offence.

44. (1) No supervisor on duty in a quarry shall permit any
vehicle which by virtue of the Road Traffic Ordinance may not be
operated or driven on a road except by a person who holds a valid
licence to operate or drive vehicles of that class, to be operated or
driven in the quarry by any person who does not hold such a licence.

(2) Any supervisor on duty who contravenes paragraph (1)
shall be guilty of an offence.

45. (1) No supervisor on duty in a quarry shall permit any
person to operate or drive any mechanical equipment at or near the
edge of any face. side. tip or embankment in the quarry unless a
banksman is in attendance.

(2) Any supervisor on duty who contravenes paragraph (1)
shall be guilty of an offence.

46. (1) No person shall operate or drive any mechanical
equipment at or near the edge of any face. side, tip or embankment
in a quarry unless a banksman is in attendance.

(2) Where in respect of any mechanical equipment the atten-
dance of a banksman is required under paragraph (1), the operator
or driver shall comply with every direction or signal which is given
to him by the banksman.

(3) Any person who contravenes paragraph (1) or (2) shall be
guilty of an offence.

47. (1) Every operator or driver of any mechanical equipment
in a quarry who becomes aware of any defect in such equipment
shall forthwith stop operating or driving such equipment and report
the defect to the supervisor on duty.

(2) Every person who, while using any anchorage, safety rope,
safety harness or safety helmet in any quarry in which any work is
being carried on, becomes aware of any defect in that anchorage,
safety rope, safety harness or safety helmet shall forthwith stop
using it and report the defect to the supervisor on duty.





(3) Any person who contravenes paragraph (1) or (2) shall be
guilty of an offence.

48. (1) Every supervisor on duty in a quarry to whom a defect is
reported under regulation 47(1) or (2) shall forthwith inspect the defect.

(2) Where, on inspecting a reported defect under paragraph (1), the
supervisor on duty finds that it is causing or is likely to cause danger to
any person, he shall forthwith prohibit every person from operating or
driving the mechanical equipment or using the anchorage, safety rope,
safety harness or safety helmet, as the case may be, in the quarry until
the defect has been remedied.

(3) Any supervisor on duty who contravenes paragraph (1) or (2)
shall be guilty of an offence.

49. (1) Every supervisor on duty in a quarry, who inspects a
reported defect under regulation 48(1) shall forthwith enter in the
Equipment Register a full report of the result of his inspection including
details of any prohibition made by him under regulation 48(2).

(2) Any supervisor on duty who contravenes paragraph (1) shall
be guilty of an offence.

50. Any person who-

(a) operates or drives any mechanical equipment; or

(b)uses any anchorage, safety rope, safety harness or safety
helmet,

in contravention of a prohibition made by a supervisor on duty under
regulation 48(1) shall be guilty of an offence:

Provided that with the consent of the supervisor on duty a person
may operate or drive the mechanical equipment or use the anchorage,
safety rope, safety harness or safety helmet, as the case may be, for the
purposes of remedying the defect.

51. (1) No person in a quarry shall go or remain underneath-

(a) any object suspended by a lifting appliance;

(b)the arc of travel of a bucket of any mechanical loading
equipment which is in operation; or

(c) a loaded bucket of any mechanical loading equipment.

(2) Any person who contravenes paragraph (1) shall be guilty of
an offence.

52. (1) The supervisor on duty in a quarry shall cause all work
therein to be carried out so as to avoid as far as may reasonably be
possible





(a)any overhanging rock or overburden on any face or side in
the quarry; and

(b) any danger from any fall of rock or overburden.

(2) Any supervisor on duty who contravenes paragraph (1) shall
be guilty of an offence.

53. (1) The supervisor on duty in a quarry shall cause all
work therein to be carried out so that any overburden at the top of
any face or side in the quarry is cleared back horizontally from the
top of the face or side to a distance of not less than twice that of the
height of the overburden or not less than 25 feet, whichever is the
greater.

(2) Any supervisor on duty who contravenes paragraph (1) shall
be guilty of an offence.

54. (1) Subject to regulation 55, where the height of any face
in a quarry exceeds 80 feel, or such lesser height as the Commis-
sioner or any officer authorized in writing by the Commissioner for
Labour may in any particular case specify under paragraph (2). no
work on the face shall he carried on except for the purpose of
reducing the height of the face to-

(a) a height of 80 feet; or

(b)where a height of less than 80 feet has been specified by the
Commissioner or any officer authorized in writing by the
Commissioner for Labour under paragraph (2). that lesser
height.

(2) If in the opinion of the Commissioner or any officer
authorized in writing by the Commissioner for Labour it is in any
particular case desirable to do so for the purposes of safety in a
quarry. he may by notice in writing. in English and in Chinese.
served on the proprietorof the quarry specify a height. being a
height less than 80 feet, in excess of which no work on a face in
the quarry may be carried on otherwise than in accordance with
paragraph (1)(b).

(3) Any person who-

(a)being the supervisor on duty in a quarry, permits any work on
any face therein to be carried on in contravention of
paragraph (1), or

(b) works on any face in contravention of paragraph (1),

shall be guilty of an offence.

55. The Commissioner or any officer authorized in writing by the
Commissioner for Labour may if he thinks fit in any particular case give
permission in writing for work on any face in a quarry to be carried on
notwithstanding that the height of the face exceeds 80 feet.







56. (1) Where any face in a quarry is situated above any other face
therein so that there is a likelihood that. if work on the higher face is
carried on, any person working on the lower face will be endangered by
the fall of any substance or thing from the higher face. no work on the
lower face shall be carried on simultaneously with any work on the
higher face.

(2) Any person who-

(a)being the supervisor on duty in a quarry. permits any. work
on any face therein to be carried on in contravention of
paragraph (1); or

(b) works on any face in contravention of paragraph (1). shall be
guilty of an offence.

57. (1) Where any fatal accident or dangerous occurrence occurs at
a quarry, no person shall. except for the purpose of saving life or
assisting or rendering first aid to any injured person.

(a)disturb the place at which the accident or occurrence took
place, or

(b) remove or interfere with anything at that place.

until-

(i)the expiry of 3 clear days after the accident or occurrence has
been notified to the Superintendent of Mines under
regulation 17 or 18 of the Factories and Industrial
Undertakings Regulations; or

(ii)the place at which the accident or occurrence took place has
been visited by the Commissioner or any officer authorized in
writing by the Commissioner for Labour.

whichever event occurs first.

(2) Any person who contravenes paragraph (1) shall be guilty of
an offence.

PART VII

MISCELLANEOUS

58. A person who is guilty of an offence-

(a)against regulation 15 or 25, shall be liable on conviction to a
fine of $50,000;

(b)against regulation 17, 18, 27, 28, 29, 33, 36(2)(a), 37(2)(a), 38,
39, 43, 44, 45, 48, 52, 53, 54(3)(a) or 56(2)(a), shall be liable on
conviction to a fine of $30,000;

(c)against regulation 9, 14, 16, 19, 20, 21, 22, 23, 24, 26. 30, 31, 32,
34, 35, 36(2)(b), 37(2)(b), 40. 41, 42, 46, 47, 49. 50, 51, 54(3)(b),
56(2)(b), or 57., shall be liable on conviction to a fine of
$10,000.





59. Notwithstanding section 13(1) of the Ordinance, no proprietor
of a quarry shall be guilty of an offence against any of these regulations
unless it is expressly provided in such regulation that a proprietor of a
quarry shall be guilty of an offence.

FIRST SCHEDULE

FORM 1 [regs. 3(1) 5(1).]



QUARRIES (SAFETY) REGULATIONS


APPLICATION FOR APPROVAL AS A SUPERVISORI'DEPUTY
SUPERVISOR(1) OF A QUARRY

1. I,................................................... of ...............

hereby apply to be approved as a supervisor/deputy supervisors of

the ......................................................................... Quarry/a quarry(1) situated

at ...................................................................................................
(address of quarry)

2. I submit the following information in support of this application:-


(a) Date of birth: .......................

(b) Identity Card Number: ..................................................................

(c) Practical experience in work in quarries: ..........................................

...................

(d) Qualifications(2) .......................................................................... T (2)

3. I am already an approved supervisor/approved deputy supervisors(1) of

the following quarry under these regulations(2) ................................... W

4. I specify .......................... as the date before which

I do not desire the approval of this application, if granted, to come into

effect.(2)(4)





5. I attach the written consent of the proprictor(s)(1) of the quarry to my

approval as a supervisor/deputy supervisor(1) of the
quarry(3).
Date:
Photograph
of
Applicant Signature of applicant: ..............................



Notes (1) Delete whichever is inapplicable.

(2) Delete if inapplicable.

(3) Delete if applicant is sole proprietor of quarry.

(4) Date specified must not be more than 3 mouths later than the date of application.

FORM 2 [regs. 14(2), 40(1)
& 49(1).]

QUARRIES (SAFETY) REGULATIONS

EQUIPMENT REGISTER






FORM 3 [regs. 14(2), 30(1)
& 34(1).]

QUARRIES (SAFETY) REGULATIONS

QUARRY INSPECTION REGISTER



FORM 4 [regs. 14(2) 26(1).]


QUARRIES (SAFETY) REGULATIONS


TIME REGISTER






SECOND SCHEDULE [reg. 21(1).]

PART 1

FIRST AID EQUIPMENT REQUIRED WHERE THE NUMBER OF
PERSONS EMPLOYED OR ENGAGED TO WORK IN A
QUARRY DOES NOT EXCEED 50

(a)A copy of the leaflet issued by the Commissioner giving advice on first aid
treatment.

(b)A sufficient number of (and in any event, not less than 12) small sterilized
unmedicated dressings for injured fingers.

(c)A sufficient number of (and in any event. not less than 6) medium-sized
sterilized unmedicated dressings for injured hands or feet.

(d)A sufficient number of (and in any event. not less than 4) adhesive wound
dressings of assorted sizes.

(e) A sufficient number of (and in any event. not less than 4) triangular bandages of
unbleached calico. the longest side of each bandage measuring not less than 51
inches and each of the other sides of each bandage measuring not less than 36
inches.

(f) A sufficient supply (and in any event, not less than 1 roll of 1 inch by 5 yards of
zinc oxide plaster) of adhesive plaster.

(g)A sufficient number of (and in any event. not less than 6) one ounce packets of
absorbent cotton wool.

(h) A pressure bandage.

(i) A sufficient number of safety pins.

(J) An eye bath.

(Note: All materials for dressings shall be those designated in and of a grade or quality not lower than the
standards specilied by the British Pharmaceutical Codex.)

PART II

FIRST AID EQUIPMENT REQUIRED WHERE THE NUMBER OF
PERSONS EMPLOYED OR ENGAGED TO WORK IN A
QUARRY EXCEEDS 50

(a)A copy of the leaflet issued by the Commissioner giving advice on first aid
treatment.

(b)A sufficient number of (and in any event, not less than 24) small sterilized
unmedicated dressings for injured fingers.

(c)A sufficient number of (and in any event, not less than (2) medium-sized
sterilized unmedicated dressings for injured hands or feet.

(d)A sufficient number of (and in any event, not less than 36) adhesive wound
dressings of assorted sizes.

(e)A sufficient number of (and in any event, not less than 8) triangular bandages of
unbleached calico, the longest side of each bandage measuring not less than 51
inches and each of the other sides of each bandage measuring not less than 36
inches.

(f) A sufficient supply (and in any event, not less than 2 rolls of 1 inch by 5 yards of
zinc oxide plaster) of adhesive plaster.

(g) A sufficient number of (and in any event, not less than 12) one ounce packets
of absorbent cotton wool.

(h) A pressure bandage.

(i) A sufficient number of safety pins.

(j) An eye bath.
(Note:All materials for dressings shall be those designated in and of a grade or quality not lower than the standards
specified by the British Pharmaceutical Codex.)
L.N. 31 69. L.N. 208 73. L.N. 318 81. Citation. Interpretation. L.N. 208 73. (Cap. 59, sub. leg.) (Cap. 164.) L.N. 208/73. L.N. 208/73. Application for approval as supervisor. First Schedule. Form 1. Grounds for approval of supervisor. Application for approval as deputy supervisor. First Schedule. Form 1. Grounds for approval of deputy supervisor. Commissioner to serve notice of decision on applicant. Approval to be withdrawn on request. Proprietor to give notice of termination of employment of supervisor or deputy supervisor. Grounds on which approval of supervisor or deputy supervisor may be withdrawn. Time limit for appeal. Powers of Governor on appeal. Permission for supervisor to continue to act pending appeal. Registers to be kept in quarry. First Schedule, Form 2, 3 and 4. Quarry to be fenced. Warning notices. Proprietor to provide safety helmets. Proprietor to provide safety rope or harness. L.N. 208 73. Certain number of workers to be trained in first aid. Proprietor to deliver to Commissioner for Labour particulars of persons trained in first aid. First aid equipment to be kept in quarry. Second Schedule. First aid equipment to be kept in box or cupboard. Proprietor to designate person in charge of first aid box or cupboard. Stretcher to be kept alongside first aid box or cupboard. No work to be carried on except under sole supervision of supervisor or deputy supervisor. Supervisor on duty to complete daily entry in Time Register. First Schedule. Form 4. Persons not to work in quarry without sufficient instruction or training. Supervisor on duty to inspect working places periodically. Supervisor on duty to prohibit entry to dangerous place or road. Inspection report. First Schedule. Form 3. Offence to enter dangerous place or road in contravention of prohibition. Worker to carry out periodic inspections of working place. Supervisor on duty to inspect working place reported to be unsafe. Inspection report. First Schedule. Form 3. Offence to enter unsafe place in contravention of prohibition. Safety helmet to be worn for certain work. Safety rope or harness to be worn for certain work. L.N. 208/73. Supervisor on duty to inspect equipment periodically. L.N. 208/73. Supervisor on duty to prohibit use of unsafe or inefficient equipment. L.N. 208/73. Inspection report. First Schedule. Form 2. Offence to use unsafe or inefficient equipment in contravention of prohibition. L.N. 208/73. Offence to use mechanical equipment without permission of supervisor on duty. Inexperienced person not to use mechanical equipment. Unlicensed person not to use certain vehicles in quarry. (Cap. 220.) Supervisor on duty not to permit mechanical equipment to be used at or near edges unless banksman present. Mechanical equipment not to be used at or near edges unless banksman present. Worker to report defect in equipment. L.N. 208/73. Supervisor on duty to inspect reported defect in equipment. L.N. 208/73. Inspection report. First Schedule. Form 2. Offence to use defective equipment in contravention of prohibition. L.N. 208/73. Offence to go under certain mechanical equipment. Manner in which work is to be executed. Overburden to be cleared back. Maximum height of face. Commissioner may permit work on face exceeding maximum height. Work on faces not to be carried on simultaneously where danger of falling objects. Accidents and dangerous occurrences. (Cap. 59, sub. leg.) Penalties. L.N. 318/81. Liability of proprietor.

Abstract

L.N. 31 69. L.N. 208 73. L.N. 318 81. Citation. Interpretation. L.N. 208 73. (Cap. 59, sub. leg.) (Cap. 164.) L.N. 208/73. L.N. 208/73. Application for approval as supervisor. First Schedule. Form 1. Grounds for approval of supervisor. Application for approval as deputy supervisor. First Schedule. Form 1. Grounds for approval of deputy supervisor. Commissioner to serve notice of decision on applicant. Approval to be withdrawn on request. Proprietor to give notice of termination of employment of supervisor or deputy supervisor. Grounds on which approval of supervisor or deputy supervisor may be withdrawn. Time limit for appeal. Powers of Governor on appeal. Permission for supervisor to continue to act pending appeal. Registers to be kept in quarry. First Schedule, Form 2, 3 and 4. Quarry to be fenced. Warning notices. Proprietor to provide safety helmets. Proprietor to provide safety rope or harness. L.N. 208 73. Certain number of workers to be trained in first aid. Proprietor to deliver to Commissioner for Labour particulars of persons trained in first aid. First aid equipment to be kept in quarry. Second Schedule. First aid equipment to be kept in box or cupboard. Proprietor to designate person in charge of first aid box or cupboard. Stretcher to be kept alongside first aid box or cupboard. No work to be carried on except under sole supervision of supervisor or deputy supervisor. Supervisor on duty to complete daily entry in Time Register. First Schedule. Form 4. Persons not to work in quarry without sufficient instruction or training. Supervisor on duty to inspect working places periodically. Supervisor on duty to prohibit entry to dangerous place or road. Inspection report. First Schedule. Form 3. Offence to enter dangerous place or road in contravention of prohibition. Worker to carry out periodic inspections of working place. Supervisor on duty to inspect working place reported to be unsafe. Inspection report. First Schedule. Form 3. Offence to enter unsafe place in contravention of prohibition. Safety helmet to be worn for certain work. Safety rope or harness to be worn for certain work. L.N. 208/73. Supervisor on duty to inspect equipment periodically. L.N. 208/73. Supervisor on duty to prohibit use of unsafe or inefficient equipment. L.N. 208/73. Inspection report. First Schedule. Form 2. Offence to use unsafe or inefficient equipment in contravention of prohibition. L.N. 208/73. Offence to use mechanical equipment without permission of supervisor on duty. Inexperienced person not to use mechanical equipment. Unlicensed person not to use certain vehicles in quarry. (Cap. 220.) Supervisor on duty not to permit mechanical equipment to be used at or near edges unless banksman present. Mechanical equipment not to be used at or near edges unless banksman present. Worker to report defect in equipment. L.N. 208/73. Supervisor on duty to inspect reported defect in equipment. L.N. 208/73. Inspection report. First Schedule. Form 2. Offence to use defective equipment in contravention of prohibition. L.N. 208/73. Offence to go under certain mechanical equipment. Manner in which work is to be executed. Overburden to be cleared back. Maximum height of face. Commissioner may permit work on face exceeding maximum height. Work on faces not to be carried on simultaneously where danger of falling objects. Accidents and dangerous occurrences. (Cap. 59, sub. leg.) Penalties. L.N. 318/81. Liability of proprietor.

Identifier

https://oelawhk.lib.hku.hk/items/show/2334

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

23
]]>
Tue, 23 Aug 2011 18:05:56 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (NOTIFICATION OF OCCUPATIONAL DISEASES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2333

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (NOTIFICATION OF OCCUPATIONAL DISEASES) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(NOTIFICATION OF OCCUPATIONAL DISEASES)
REGULATIONS

(Cap. 59. section 7)

[12 March 1965.]

1. These regulations may be cited as the Factories and Industrial
Undertakings (Notification of Occupational Diseases) Regulations.

2. In these regulations. unless the context otherwise requires

'medical practitioner' means a person who is registered, or deemed to
be registered, as a medical practitioner under the Medical
Registration Ordinance;

.,occupational disease- means any disease specified in the First
Schedule.

3. (1) If, upon an examination of any person who is or has been
employed in an industrial undertaking or of the body of any deceased
person who was at the time of his death so employed or who had been
so employed, a medical practitioner believes that that person is
suffering from an occupational disease or was at the time of his death
suffering from an occupational disease, he shall forthwith notify the
Director of Medieal and Health Services by sending to him 2 copies of a
notice in the form prescribed in the Second Schedule.

(2) The Director of Medical and Health Services shall deliver to the
Commissioner 1 copy of the notice given pursuant to paragraph (1).

(3)(a) A medical practitioner who makes application therefor
within 1 month after the giving of the notice shall be paid by
the Director of Medical and Health Services a fee of $2 in
respect of each notice given pursuant to paragraph (1).

(b)Sub-paragraph (a) does not apply in the case of a medical
practitioner who is a public officer.

4. Any person who contravenes regulation 3(1) shall be guilty of
an offence and shall be liable on summary conviction to a fine of
$10,000.





FIRST SCHEDULE [reg. 2.1

OCCUPATIONAL DISEASE

1. Poisoning by lead. manganese. phosphorus. arsenic, mercury, carbon
bisulphide. benzene or a homologue thereof. a nitro-derivative or amido-derivative
of benzene or of a homologue of benzene. dinitrophenol or a homologue of
dinitrophenol. cadmium. tri-cresy 'I phosphate. halogen derivatives of
hydrocarbons of the aliphatic series or nitrous fumes.

2. Anthrax.

3. Primary epitheliomatous cancer of the skin or ulceration of the corneal
surface of the eye.

4. Chrome ulceration.

5. Inflammation or ulceration of the skin produced by, dust, liquid or vapour
(including the condition known as chloracne but excluding chrome ulceration).

6. Heat cataract.

7. Decompression sickness.

8. Pathological manifestations due to radium or other radioactive substances
or X-rays.

9. Silicosis.

10. Asbestosis.

SECOND SCHEDULE [rep. 3(1)
FORM OF NOTICE

FACTORIES AND INDUSTRIAL UNDERTAKINGS (NOTIFICA-
TION OF OCCUPATIONAL DISEASES) REGULATIONS
Notice ol Occupational Disease
To: Director of Medical and Health Services
Notice is hereby given of the following occu-
pational disease-
FOR OFFICIAL USE ONLY

........................................................... Case No.:-
Ref. No.: -
confirmed, suspected*
Possible cause . .................................................. Action taken:

Date contracted of recurrence* . .... ..................
Name of patient deceased . ...............................

Sex . Age .

Home address . .................................................

.............

Employed as . . ....................................................
Name, address and trade or industry of employer . ..................................................

..........
................................................................................................
.........................







Hospital sent to (if any) . . ........
Name and address of notifying medical practitioner . ..............................................

....................................
Date . ..............................19

................

Signature of notifying medical practitioner

*Delete whichever is inapplicable.
L.N. 39/65. L.N. 317/81. Citation. Interpretation. (Cap. 161.) First Schedule. Medical practitioners to notify cases of occupational disease. Second Schedule. Offences and penalties. L.N. 317 81. L.N. 317 81.

Abstract

L.N. 39/65. L.N. 317/81. Citation. Interpretation. (Cap. 161.) First Schedule. Medical practitioners to notify cases of occupational disease. Second Schedule. Offences and penalties. L.N. 317 81. L.N. 317 81.

Identifier

https://oelawhk.lib.hku.hk/items/show/2333

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:05:56 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (FIRST AID IN NOTIFIABLE WORKPLACES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2332

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (FIRST AID IN NOTIFIABLE WORKPLACES) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(FIRST AID IN NOTIFIABLE WORKPLACES)
REGULATIONS

(Cap. 59, section 7)

[24 August 1968.1

1. These regulations may be cited as the Factories and
Industrial Undertakings (First Aid in Notifiable Workplaces)
Regulations.

1A. These regulations shall not apply to any quarry.

2. (1) In these regulations, unless the context otherwise
requires-

,,person trained in first aid' means a person who-

(a)holds a current certificate of competency in first aid issued
by the St. John Ambulance Association;

(b)is a registered nurse within the meaning of the Nurses
Registration Ordinance, or

(e)has otherwise completed a course of training in first aid
approved by certificate under the hand of the Commis-
sioner.

(2) For the purposes of these regulations. the number of
persons employed in a notifiable workplace shall be taken to be the
number of persons actually working therein at any time.

3. (1) In any notifiable workplace, there shall be provided
and maintained therein by the proprietor so as to be readily
accessible a separate first aid box or cupboard for each 100 persons
or part thereof employed therein.

(2) Each first aid box or cupboard shall be of adequate
capacity and shall contain the items specified in the Schedule and
any additional items required under paragraph (3)(a), (b) or (e).

(3) The Commissioner may by notice in writing to the proprie-
tor of a notifiable workplace require that all or any of the following
items be provided in that registrable workplace-

(a)a sufficient supply of assorted sizes of waterproof adhesive
wound dressings;

(b) a sufficient supply of waterproof adhesive plaster;

(c) a sufficient supply of eye baths;

(d) a stretcher.





(4) All items provided in a first aid box or cupboard in accordance
with paragarph (2) shall be in good condition at all times.

(5) A stretcher provided in accordance with a requirement under
paragraph (3)(d) shall be

(a) kept alongside a first aid box or cupboard; and

(b) maintained in good condition at all times.

(6) Nothing except appliances and requisites for first aid shall be
kept in a first aid box or cupboard.

(7) Each first aid box or cupboard shall be marked plainly
'FIRST AID' in English and in Chinese.

4. (1) In any notifiable workplace all first aid boxes or cupboards
shall be placed in the charge of a team of responsible persons
designated by the proprietor of such workplace.

(2) The proprietor of a notifiable workplace shall ensure that at
least 1 member of such team is always readily available during working
hours.

(3) There shall be affixed to each first aid box or cupboard provided
pursuant to regulation 3 a notice in English and Chinese specifying the
names of the members of the team designated in accordance with this
regulation.

(4) If a first aid box or cupboard is not provided in a workroom in a
notifiable workplace, a notice in English and Chinese stating the
location of the nearest first aid box or cupboard and the names of the
members of the team designated in accordance with paragraph (1) shall
be displayed in aprominent place in such workroom.

5. In any notifiable workplace such team shall include at least 1
person trained in first aid for each 100 persons or part thereof employed
therein after the first hundred.

6. All materials for dressings contained in first aid boxes or
cupboards shall be those designated in. and of a grade or quality not
lower than the standards specified by. the British Pharmaceutical Codex
or any supplement thereto.

7. (1) If a room is provided in a notifiable workplace for the sole
purpose of providing first aid or medical treatment, and arrangements
are made so as to ensure the treatment therein of all injuries occurring in
the workplace, the Commissioner may by notice in writing exempt the
workplace from the requirements of these regulations to such extent and
subject to such conditions as he may specify in the notice.





(2) Such a notice shall be prominently displayed in the room
provided.

8. The proprietor of a notifiable workplace who contravenes any of
the provisions of regulations 3, 4, 5, 6 and 7 shall be guilty of an offence
and shall be liable on conviction to a fine of $10.000.

SCHEDULE [reg. 3(2).]

CONTENTS OF FIRST AID BOXES OR
CUPBOARDS

PARTI

Notifiable workplaces in which the number of persons employed is less than 10.

(a)A copy. of the leaflet giving advice oil first aid treatment issued by the
Commissioner.

(b)A sufficient number (not less than 6) of small sterilized unmedicated
dressings for injured fingers.

(c)A sufficient number (not less than 3) of medium-sized sterilized
unmedicated dressings for injured hands or feet.

(ii)A sufficient number (not less than 12) of adhesive wound dressings of
assorted sizes.

(e)A sufficient number (not less than 2) of triangular bandages of unbleached
calico. the longest side of which measures not less than 1.3 metres and
each of the other sides not less than 900 millimetres.

(f)A sufficient supply (not less than 1 roll of 25 millimetres by 4.5 metres
zinc oxide plaster) of adhesive plaster.

(g)A sufficient number (not less than 3) of 30 grams packets of absorbent
cotter wool.

(h) A pressure bandage.

(i) Safety pins.

PART 11

Notifiable workplaces in which the number of persons employed is 10 or more
but less than 50.

(a)A copy of the leaflet giving advice on first aid treatment issued by the
Commissioner.

(b)A sufficient number (not less than 12) of small sterilized unmedicated
dressings for injured fingers.

(c)A sufficient number (not less than 6) of medium-sized sterilized
unmedicated dressings for injured hands or feet.

(d)A sufficient number (not less than 24) of adhesive wound dressings of
assorted sizes.

(e)A sufficient number (not less than 4) of triangular bandages of unbleached
calico, the longest side of which measures not less than 1.3 metres and
each of the other sides not less than 900 millimetres.





(f)A sufficient supply (not less than 1 roll of 25 millimetres by 4.5 metres
zinc oxide plaster) of adhesive plaster.

(g)A sufficient number (not less than 6) of 30 grams packets of absorbent
cotton wool.

(h) A pressure bandage.

(i) Safety pins.

PART Ill

Notifiable workplaces in which the number of persons employed is 50 or
more.

(a)A copy of the leaflet giving advice on first aid treatment issued by the
Commissioner.

(b)A sufficient number (not less than 24) of small sterilized unmedicated
dressings for injured fingers.

(e)A sufficient number (not less than 12) of medium-sized sterilized
unmedicated dressings for injured hands or feet.

(d)A sufficient number (not less than 36) of adhesive wound dressings of
assorted sizes.

(e)A sufficient number (not less than 8) of triangular bandages of unbleached
calico. the longest side of which measures not less than 1.3 metres and
each of the other sides not less than 900 millimetres.

sufficient supply (not less than 2 rolls of 2.5 millimetres by 4.5 metres
zinc oxide plaster) of adhesive plaster.

(g)A sufficient number (not less than 12) of 30 grams packets of absorbent
cotton wool.

(h) A pressure bandage.

(i) Safety pins.
L.N. 85/68. L.N. 33/69. L.N. 223/73. L.N. 316/81. L.N. 238/84. 50 of 1985. Citation. 50 of 1985, s. 9. Application. L.N. 33/69. Interpretation. (Cap. 164.) L.N. 223/73. 50 of 1985, s. 9. Provision of first aid box or cupboard. 50 of 1985, s. 9. Schedule. 50 of 1985, s. 9. Persons in charge of first aid box or cupboard. 50 of 1985, s. 9. Team to include person trained in first aid. 50 of 1985, s. 9. Standards for dressings. Exemption where first aid room provided in notificable workplace. 50 of 1985, s. 9. Offences and penalties. L.N. 316/81. 50 of 1985, s. 9. L.N. 238/84. 50 of 1985, s. 9. 50 of 1985, s. 9. 50 of 1985, s. 9.

Abstract

L.N. 85/68. L.N. 33/69. L.N. 223/73. L.N. 316/81. L.N. 238/84. 50 of 1985. Citation. 50 of 1985, s. 9. Application. L.N. 33/69. Interpretation. (Cap. 164.) L.N. 223/73. 50 of 1985, s. 9. Provision of first aid box or cupboard. 50 of 1985, s. 9. Schedule. 50 of 1985, s. 9. Persons in charge of first aid box or cupboard. 50 of 1985, s. 9. Team to include person trained in first aid. 50 of 1985, s. 9. Standards for dressings. Exemption where first aid room provided in notificable workplace. 50 of 1985, s. 9. Offences and penalties. L.N. 316/81. 50 of 1985, s. 9. L.N. 238/84. 50 of 1985, s. 9. 50 of 1985, s. 9. 50 of 1985, s. 9.

Identifier

https://oelawhk.lib.hku.hk/items/show/2332

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:05:55 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (BLASTING BY ABRASIVES) SPECIAL REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2331

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (BLASTING BY ABRASIVES) SPECIAL REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(BLASTING BY ABRASIVES) SPECIAL
REGULATIONS

(Cap. 59, section 7(2) and (5))

[28 February 1969.]

1. These regulations may be cited as the Factories and Industrial
Undertakings (Blasting by Abrasives) Special Regulations.

2. In these regulations -blasting process' means the cleaning,
smoothing, roughening or removing of part of the surface of any
substance or thing including granite, stone or brick by the use as an
abrasive of a jet of sand, metal shot or grit or other material propelled by
a blast of compressed air or steam or water or by a wheel.

3. (1) Except as provided in paragraph (2), no person shall, in any
industrial undertaking, use sand or other material containing free silica
as an abrasive in any blasting process.

(2) If the Commissioner for Labour, or any officer authorized in
writing by him, is satisfied that in any industrial undertaking the use of
sand or any other material containing free silica as an abrasive in a
blasting process (other than a process incidental or supplemental to the
making of metal castings) is necessary in any particular case, he may by
certificate in writing (which he may in his discretion revoke at any time)
permit the use of the sand or other material containing free silica in that
blasting process subject to the following conditions

(a)that there shall be provided and maintained for the use of
every person who is employed in that blasting process a
protective helmet of a type approved in writing by the
Commissioner or by any officer authorized in writing by the
Commissioner for Labour designed to enclose the head, face
and neck of such person and every such person shall wear the
helmet provided for his use whilst he is employed in that
blasting process; and

(b)that every person employed in that blasting process shall,
whilst so employed be supplied with clean fresh air at a rate of
not less that 6 cubic feet per minute from a source removed from that
blasting process,

and such other conditions as the Commissioner for Labour, or any
officer authorized in writing by him, may in his discretion specify in the
certificate.





(3) Any person who uses sand or any other material contain-
ing free silica as an abrasive in a blasting process in contravention of
paragraph (1) shall be guilty of an offence.

(4) A person who is guilty of an offence under paragraph (3)
shall-

(a)if he is a proprietor, be liable on conviction to a fine of
520,000; and

(b)if he is a person other than a proprietor, be liable on
conviction to a fine of 510,000.
L.N. 35/69. L.N. 158/78. L.N. 315/81. Citation. Interpretation. Restriction on use of sand or free silica as an abrasive in a blasting process. L.N. 158/78. L.N. 315/81.

Abstract

L.N. 35/69. L.N. 158/78. L.N. 315/81. Citation. Interpretation. Restriction on use of sand or free silica as an abrasive in a blasting process. L.N. 158/78. L.N. 315/81.

Identifier

https://oelawhk.lib.hku.hk/items/show/2331

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:05:55 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS (CONFINED SPACES) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2330

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS (CONFINED SPACES) REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
(CONFINED SPACES) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation..................................
Page

1.............Citation ...................... ... ... ... ... ... ... ... B2

2...........Interpretation .................. ... ... ... ... ... ... ... ... ... B2

3....................Approval of breathing apparatus ... ... ... ... ... ... ... B 2

4.............................Regulations effective when person enters confined space ... ... ... ...
82

5...............Provision of manholes ....... ... ... ... ... ... ... ... ... ... ... B 2

6...............................Use of approved breathing apparatus in confined space ... ... ... ... B 2

7..........................Non-application of regulation 6 on certification ... ... ... ... ... ... B 3
8..........................Prerequisites of certification under regulation 7 ... ... ... ... ... ... 93

9. Availability of supply of Approved breathing apparatus, suitable revivng

apparatus and other equipment ........... ... ... ... ... ... ... ... B 3

10. Personnel to be practised in use of approved breathing apparatus. suitable

reviving apparatus and other equipment .... ... ... ... ... ... ... B 3
11.......................Exemption certificate of Commissioner ... ... ... ... ... ... ... B 3

12........................Prohibition of entry into confined spaces in , hich proportion of oxygen

has been reduced ........................ ... ... .. ... ... B 4

13..................................Requirements for entry into boiler-furnace and boiler-flue . ... ... 84

[4. Offences and penalties..... ... ... ... ... ... ... ... B4





FACTORIES AND INDUSTRIAL UNDERTAKINGS
(CONFINED SPACES) REGULATIONS

(Cap. 59, section 7)

[1 November 1973.]

1. These regulations may be cited as the Factories and Industrial
Undertakings (Confined Spaces) Regulations.

2. In these regulations, unless the context otherwise requires-

-approved breathing apparatus' means any breathing apparatus

approved by the Commissioner under regulation 3.

3. The Commissioner may for the purpose of these regulations
approve any type of breathing apparatus and may signify his approval
by notification published in the Gazette.

4. Regulations 5. 6, 7. 8, 9, 10 and 11 shall have effect where it is
necessary for the purposes of any industrial undertaking for a person to
enter any chamber. tank. vat. pit. well. tunnel. pipe, flue, boiler. pressure
receiver or other confined space in which dangerous fumes are liable to
be present to such an extent as to involve risk of person being
overcome thereby.

5. A proprietor shall ensure that a confined space. unless

there is other adequate means of egress, is provided with a manhole.
which may be rectangular, oval or circular in shape, and shall be

(a) not less than 18 inches long and 16 inches wide or (if circular)
not less than 18 inches in diameter; or

(b) in the case of a tank wagon or other mobile plant, not less
than 16 inches long and 14 inches wide or (if circular) not less than
16 inches in diameter; or

(c)in the case of a boiler or pressure receiver, not less than 15
inches long and 11 inches wide.

6. Subject to regulation 7. no person shall enter or remain in a
confined space for any purpose unless

(a) he is wearing an approved breathing apparatus;

(b) he has been authorized to enter by the proprietor: and

(c)where practicable. he is wearing a belt with a rope securely.
attached thereto and the free end of the rope is held by a
person who is outside the confined space and who is capable
of pulling him out of the confined space.





7. (1) Where a proprietor has issued a certificate to the effect that a
confined space will be, for a specified period, safe for entry without
breathing apparatus and the period so specified has not expired,
regulation 6 shall not apply.

(2) Notwithstanding paragraph (1) the proprietor shall not order,
direct, authorize, permit or suffer any person to enter or remain in the
confined space without having informed such person

c

when the safe period specified in such certificate will expire.

8. (1) A proprietor shall not issue a certificate as referred to in
regulation 7 unless

(a)effective steps have been taken to prevent any ingress to the
confined space of dangerous fumes:

(b)any sludge or other deposit liable to give off dangerous
fumes has been removed and the space contains no other
material liable to give off dangerous fumes: and

(c.)the space has been adequately. ventilated and tested for
dangerous fumes and has a supply of air adequate for
respiration.

(2) No account shall be taken for the purposes of paragraph (1) of
any deposit or other material liable to give off dangerous fumes in
insignificant quantities only.

9. (1) A proprietor shall provide and keep readily available in a
satisfactory condition a sufficient supply of approved breathing
apparatus, suitable reviving apparatus, vessels containing oxygen,
belts and ropes.

(2) No person shall-

(a) misuse; or

(b) without the consent of the proprietor, interfere with,

any approved breathing apparatus, suitable reviving apparatus, oxygen
vessel or other equipment provided under paragraph (1).

10. A proprietor shall ensure that a sufficient number of the
persons employed by him are practised in the use of the approved
breathing apparatus, suitable reviving apparatus. oxygen vessels and
other equipment mentioned in regulation 9(1) and in a method of
restoring respiration.

11. The Commissioner may by certificate grant, subject to any
conditions specified in the certificate. exemption from compliance with
any of the requirements of regulations 5, 6. 7(2). 8(1). 9(1) and 10 in any
case where he is satisfied that compliance with those requirements is
unnecessary or impracticable.





12. No person shall enter or remain in any confined space in which
the proportion of oxygen in the air is liable to have been substantially
reduced below the normal proportion unless either

(a) that person is wearing an approved breathing apparatus; or

(b)the space is adequately ventilated and has been tested and
certified by the proprietor as being safe for entry without
breathing apparatus.

13. A proprietor shall not order, direct, authorize, permit or suffer
any person to enter or remain in any boiler-furnace or boiler-flue unless
it is sufficiently cooled, by ventilation or otherwise to render it safe for
any person to enter and remain therein.

14. (1) Subject to regulation 11, the following shall be guilty of an
offence

(a)a proprietor who orders, directs, authorizes, permits or suffers
any person to contravene regulation 6 or 12;

(b)a proprietor who contravenes regulation 5, 7(2), 8(1), 9(1) or 10;

(e) any person who contravenes regulation 6, 9(2) or 12.

(2) A proprietor who-

(a)wrongfully certifies that a confined space is safe for entry
without breathing apparatus in accordance with regulation
12(b); or

(b) contravenes regulation 13,

shall be guilty of an offence.

(3)(a) A person other than a proprietor, guilty of an offence under
paragraph (1)(c), shall be liable on conviction to a fine of
$10.000.

(b) A person who is a proprietor,-

(i) guilty of an offence under paragraph (1)(a), or of an
offence under paragraph (1)(b) in respect of a contraven-
tion of regulation 8(1) or 9(1), or of an offence under
paragraph (1)(c) in rescpect of a contravention of
regulation 6 or 12, or of an offence under paragraph (2)(a) shall be
liable to a fine of $50,000;

(ii) guilty of an offence under paragraph (1)(b) in respect of
a contravention of regulation 5, 7(2) or 10, or of an offence
under paragraph (1)(c) in respect of a contravention of
regulation 9(2), or of an offence under paragraph (2)(b) shall
be liable to a fine of $30,000.





L.N. 95/73. L.N. 115/81. L.N. 185/73. Citation. Interpretation. Approval of breathing apparatus. Regulations effective when person enters confined space. Provision of manholes. Use of approved breathing apparatus in confined space. Non-application of regulation 6 on certification. Prerequisites of certification under regulation 7. Availability of supply of approved breathing apparatus, suitable reviving apparatus and other equipment. Personnel to be practised in use of approved breathing apparatus, suitable reviving apparatus and other equipment. Exemption certificate of Commissioner. Prohibition of entry into confined spaces in which proportion of oxygen has been reduced. Requirements for entry into boiler-furnace and boiler-flue. Offences and penalties. L.N. 115/81.

Abstract

L.N. 95/73. L.N. 115/81. L.N. 185/73. Citation. Interpretation. Approval of breathing apparatus. Regulations effective when person enters confined space. Provision of manholes. Use of approved breathing apparatus in confined space. Non-application of regulation 6 on certification. Prerequisites of certification under regulation 7. Availability of supply of approved breathing apparatus, suitable reviving apparatus and other equipment. Personnel to be practised in use of approved breathing apparatus, suitable reviving apparatus and other equipment. Exemption certificate of Commissioner. Prohibition of entry into confined spaces in which proportion of oxygen has been reduced. Requirements for entry into boiler-furnace and boiler-flue. Offences and penalties. L.N. 115/81.

Identifier

https://oelawhk.lib.hku.hk/items/show/2330

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:05:54 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2329

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

Description






FACTORIES AND INDUSTRIAL UNDERTAKINGS
REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation page

PART 1

PRELIMINAR
Y

1.........Citation ....................... ... ... ... ... ... ... ... ... ... A3
2.........Interpretation ................. ... ... ... ... ... ... ... ... ... ... A3
3.........[Revoked] ...................... ... ... ... ... ... ... ... ... ... A4

PART 11

[Rebuked]

PART IIA

MEDICAL EXAMINATIONS OF PERSONS EMPLOYED TO WORK
UNDERGROUND

]6A. Application of Part IIA ... ... ... ... ... ... ... ... ... ... ... ... A4

16B....................................Register of persons employed underground in industrial undertaking ... A 4

16C..................................Employees not to work underground unless examined medically ... ... A 4

16D. Exemption from medical examination where employee examined within previous

12 months ........................... ... ... ... ... ... ... ... A6

16E. Exemption from medical examination where work unlikely to take more than

6 months to complete ................. ... ... ... ... ... ... A 6

16F. Disclosure of medical information ... ... ... ... ... ... ... ... ... ... A 6

PART 111

GENERAL

17. Report of accidents resulting in death or incapacity ... .. A 7

18...................Reports of dangerous occurrences ... ... ... A 9

19. Application of regulations 17 and 18 A 9

20...............Power to take samples ...... ...
........................................A9
21........................................ A 10

Duties of persons employed ... ... ... ... ... .. .

21 A. Protection from sound...... ... ... ... ... ... ... A10





Regulation Page

PART IV

NOTIFIABLE WORKPLACES

Application
22. Application of this Part ... ... ... ... ... ... ... ... ... ... A 10

Notification
23. Form of notification and prohibition notice ... ... ... ... ... ... ... ... A 11

Prevention qf Accidents
24. Fencing of dangerous platforms. liquids, etc. ... ... ... ... ... ... A 11

25. Cleaning of dangerous machinery by women and young persons ... ... ... A 11
26-31. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 11

Hygiene
32. Cleanliness ... ... ... ... ... ... ... ... ... ... ... ... ... A 11
33. Ventilation ... ... 1 .. ... ... ... ... ... . ... ... ... ... ... A 12
34. Lighting ... ... ... ... ... ... ... .. ... ... ... ... ... ... ... A 12
35. Drainage of doors ... ... ... .... ... ... A 12
36. Overcrowding ... ... ... ... ... ...... ... ... ... ... A 13
37. Sanitary conveniences, etc . ... ... ... .. ... ... ... ... ... ... A 13
38, Supply of drinking water ... ... ... ... ... ... ... ... ... ... ... ... A 13
39. Repair, maintenance and safety ... ... ... ... ... ... ... ... ... ... A 13

PART V

[Revoked]

PART VI

OFFENCES AND PENALTIES

43. [Revoked].......................... ... ... ... ... ... ... ... A 14

44...................................Penalty for contravention of regulation 16F(2). 20(4), 21 or 21 A (2) ... ... A
14

45. Penalty for contravention of regulation 16C(1), l6C(2). 24, 25, 33 or 36(1) ... A
14
46. Penalty for contravention of regulation 16B, 2 1 A(1) 34. 37(1), 38 or 39 ... A
14

47...................................Penalty for contravention of regulation 17, 18. 32, 35(1) or 36(3) ... ... A 15

48...............Liability of proprietors ... ... ... ... ... ... ... ... ... ... A 15

First Schedule. Dangerous Occurrences ......... ... ... ... ... ... ... ... A 15

Second Schedule. Forms ..................... ... ... ... ... ... ... ... ... A 16

Third Schedule. ... ... ... .. ... ... ... . ... ... ... ... . 1 . ... ... A 19





FACTORIES AND INDUSTRIAL UNDERTAKINGS
REGULATIONS

(Cap. 59, section 7)

[29 September 1955.1

PART 1

PRELIMINARY

1. These regulations may be cited as the Factories and Industrial
Undertakings Regulations.

2. In these regulations, unless the context otherwise requires

-dangerous occurrence' means any occurrence specified in the First
Schedule;

'executive', in relation to a trade union, means the body to which the
management of the affairs of the trade union is entrusted by the
members and also means any person for the time being carrying out
the functions of a president, chairman, vicechairman, secretary or
treasurer of a trade union;

'fire-resisting material' means a building material certified by the
building authority to be fire-resisting;

'identity card' means an identity card issued under the Registration of
Persons Ordinance;

'material' includes waste material and debris;

'mill-gearing' includes,every shaft, wheel, drum and pulley and every
other appliance by which motion or power is communicated to any
machine;

,,overburden', in respect of a quarry, means any other substance which
overlies the granite, porphyry or limestone which is extracted in.the
quarry;





'trade union' means a trade union which is registered under the Trade
Unions Ordinance;

'woman' means a woman who has attained the age of 18 years.

3. [Revoked, 11 of 1980, s. 61

PART 11

[Revoked, 11 of 1980, s. 6

PART IIA

MEDICAL EXAMINATIONS OF PERSONS
EMPLOYED
TO WORK UNDERGROUND

16A. This Part shall apply to the following industrial undertakings

(a) mines;

(b) quarries; and

(c) industrial undertakings involving tunnelling operations.

16B. (1) The proprietor of every industrial undertaking to which
this Part applies shall maintain or cause to be maintained therein a
register in accordance with this regulation.

(2) The register shall be in the prescribed form and shall in respect
of every person employed to work underground in the industrial
undertaking

(a) specify his name and residential address;

(b) specify the number of his identity card, if any;

(e) specify his date of birth;

(d) contain a full face photograph of the person;

(e)specify the date on which he first commenced to work
underground in the industrial undertaking; and

specify the date of every medical examination undergone by
him in accordance with regulation l6C(3).

16C. (1) Subject to regulations 16D and 16E, no person shall be
permitted to commence to work underground in an industrial
undertaking to which this Part applies unless within the month
preceding the date on which the person first commences so to work

(a)the proprietor has engaged a medical practitioner to examine
the person medically in accordance with paragraph (3); and





(b)the senior occupational health officer has issued a certi-
ficate under paragraph (4) that the person is fit to work
underground in such an industrial undertaking.

(2) No person under the age of 21 years-

(a)who is employed to work underground in an industrial
undertaking to which this Part applies, and

(b) who has been so employed for more than 12 months,

shall be permitted to continue in such employment at any time
unless within the preceding period of 12 months-
(i)the proprietor has engaged a medical practitioner to
examine the person medically in accordance with para-
graph (3); and
(ii)the senior occupational health officer has issued a certificate
under paragraph (4) that the person is fit to work under-
ground in such an industrial undertaking:

Provided that a person under the age of 21 years who is
employed at the date of commencement of this regulation to work
underground in an industrial undertaking to which this Part applies
may continue to be so employed for a period not exceeding 3 months
from such date, notwithstanding that he has not been examined
medically as required under sub-paragraph (i) of this paragraph.

(3) Where any person is required to be examined medically for
the purposes of this regulation-

(a)the proprietor of the industrial undertaking in which the
person is employed or is to be employed to work under-
ground shall complete Part 1 of the prescribed medical
examination report in duplicate,

(b)the person required to be examined shall complete Part 11
of the prescribed medical examination report in duplicate,
and

(c)a medical practitioner shall carry out a medical examina-
tion of the person, and-
(i) complete Part 111 of the prescribed medical examina-
tion report in duplicate in respect of the person,
(ii) forward 1 copy of the completed report to the
senior occupational health officer, and
(iii) retain 1 copy of the completed report.

(4) Where the senior occupational health officer receives a
medical examination report under paragraph (3) in respect of any
person, he shall forthwith forward a certificate in the prescribed
form and in accordance with the report to the proprietor of the
industrial undertaking by whom the medical practitioner has been
engaged.





(5) The expenses of the medical examination of any person for the
purposes of this regulation shall in no case be payable by or
recoverable from the person.

16D. (1) Any person

(a) who has attained the age of 21 years,

(b)who is or has at any time been employed to work underground
in an industrial undertaking to which this Part applies,

(c)who has been examined medically in accordance with
regulation l6C(3) for the purposes of such employment, and

(d)in respect of whom the senior occupational health officer has,
as a result of the medical examination, issued a certificate of
fitness under regulation l6C(4),

may, at any time within 12 months after the date of the medical
examination

(i) be re-employed to work underground in the industrial
undertaking; or

(ii) be employed, subject to paragraph (2), to work underground in
any other industrial undertaking to which this Part applies,

notwithstanding that in respect of his re-employment in such industrial
undertaking, or his employment in such other industrial undertaking, the
person has not been examined medically as required under regulation
16C(1)(a).

(2) Before employing any person under paragraph (A)(ii), the
proprietor of the industrial undertaking shall obtain from the senior
occupational health officer a copy of the certificate issued under
regulation l6C(4) in respect of the medical examination.

16E. Where any person who has attained the age of 21 years is to
be employed to work underground in any industrial undertaking to
which this Part applies, and the Commissioner for Labour or any officer
authorized in writing by him is satisfied that the underground work on
which the person is to be employed is unlikely to take more than 6
months to complete, the Commissioner for Labour or the authorized
officer may give written permission for the employment of the person on
such work for such period, not exceeding 6 months, as the
Commissioner for Labour or the authorized officer shall specify,
notwithstanding that in respect of such employment, the person has not
been examined medically as required under regulation 16C(1)(a).

I6F. (1) At the request of an authorized member of the executive of
any trade union which in the opinion of the Commissioner for Labour, or
any officer authorized in writing by him, represents any person under
the age of 21 years who is employed to





work underground in any industrial undertaking to which this Part
applies, the Commissioner for Labour or the authorized officer shall
supply to such member the following information in respect of the
person so employed

(a) his name;

(b) his identity card number, if any;

(c) his date of birth;

(d)the date which, in the latest medical examination report
received by the senior occupational health officer under
regulation l6C(4) in respect of the person, is specified as the
date on which he first commenced to work underground in the
industrial undertaking or as the proposed date on which he
was to first commence so to work; and

(e) the nature of his occupation,

and shall produce for inspection to such member the latest certificate
issued under regulation l6C(4) in respect of the person so employed.

(2) No-

(a)proprietor of an industrial undertaking to which this Part
applies; or

(b) public officer,

shall disclose to any person any medical information which is obtained
on the examination of a person in accordance with regulation l6C(3),
unless

(i) the person to whom the information relates consents to the
disclosure;

(ii) the information is disclosed to a public officer acting in the
course of his duty; or

(iii)the disclosure of the information is permitted or required
under any enactment.

PART III

GENERAL

17. (1) Where an accident in an industrial undertaking results in

(a)the death of a person at the time of the accident or
immediately thereafter; or

(b) serious bodily injury to a person,

a report of the accident stating the name of the person, the nature of the
injury and the time, place and circumstances of the accident shall be
made orally or in writing by the proprietor of the industrial undertaking -
within 24 hours after the accident





(i) to an inspector, where the accident occurs in an industrial
undertaking other than a quarry; or

(ii)to the Superintendent of Mines, where the accident occurs in
a quarry,

and to the police station nearest to the place of accident, where the
accident results in death.

(2) Subject to paragraph (4), where an accident in an industrial
undertaking results in

(a)the death of a person at the time of the accident or
immediately thereafter;

(b) serious bodily injury to a person; or

(e)the incapacity, for a period exceeding 3 days immediately
following the accident, of a person for any employment which
he was capable of undertaking at the time of the accident,

a report of the accident (containing the particulars specified in
paragraph (5)) shall, in addition to any report required to be made under
paragraph (1), be made in writing by the proprietor of the industrial
undertaking within 7 days after the accident

(i)to an inspector, where the accident occurs in an industrial
undertaking other than a quarry; or

(ii)to the Superintendent of Mines, where the accident occurs in
a quarry.

(3) Where a person who is injured in an accident dies subsequently
as a result of the injury and the death comes to the notice of the
proprietor of the industrial undertaking, the proprietor shall, in addition
to any report which he may have made or is required to make under
paragraphs (1)(b) and (2)(b) or (c), report the death orally or in writing
within 24 hours after it comes to his notice

(a)to an inspector. where the accident has occurred in an
industrial undertaking other than a quarry; or

(b)to the Superintendent of Mines, where the accident has
occurred in a quarry,

and to the police station nearest to the place of the accident.

(4) No report is required under paragraph (2) if notice of the
accident has been given under section 15 of the Employees'
Compensation Ordinance.

(5) A report under paragraph (2) shall contain-

(a)the name and address of the proprietor of the industrial
undertaking;

(b)the name, occupation and address of the deceased or injured
person and his sex, age and identity card number;

(c) the date and particulars of the accident; and





(d)the nature of the injury, stating whether death or in-
capacity was caused by the injury.

(6) For the purposes of paragraphs (1) and (2) a person shall
be deemed to have suffered serious bodily injury in an accident if he
is admitted to a hospital immediately following the accident for
observation or treatment.

18. (1) Every dangerous occurrence which occurs in an indus-
trial undertaking, whether any personal injury has been caused or
not, shall be reported by the proprietor of the industrial undertaking
within 24 hours of its occurrence-

(a)in the case of an industrial undertaking other than a
quarry, to an inspector; and

(b) in the case of a quarry, to the Superintendent of Mines.

(2) Every report made under this regulation shall be in writing,
and in addition to any report required under regulation 17, and shall
include particulars of the time of the occurrence of the accident,
any damage to any building, machinery or plant in the industrial
undertaking in which the accident occurred, and the circumstances
in which the accident occurred.

19. The provisions of regulations 17 and 18 shall not be appli-
cable in the case of any accident which is required to be reported
under the provisions of section 47 of the Mining Ordinance.

20. (1) An inspector may at any time after informing the
proprietor or, if the proprietor is not readily available, a foreman or
other responsible person in the industrial undertaking, take for
analysis sufficient samples of any material in use or mixed for use in
a dangerous trade or scheduled trade, or of any substance used or
intended to be used in an industrial undertaking being a substance
which he thinks may prove on analysis to be likely to cause bodily
injury to the person employed.

(2) The proprietor or the foreman or other responsible person
aforesaid may, at the time when a sample is taken under this
regulation, and on providing the necessary appliances, require the
inspector to divide the sample into 3 parts, to mark and seal or
fasten up each part in such manner as its nature permits, and-

(a)to deliver one part to the proprietor, or the foreman or
other responsible person aforesaid;

(b) to retain one part for future comparison; and

(c) to submit one part to the Government Chemist for analysis.

(3) A certificate purporting to be a certificate by the Govern-
ment Chemist as to the result to an analysis of a sample under this
regulation shall in any proceedings under the Ordinance be admis-
sible as evidence of the matters stated therein, but either party may





require the person, by whom the analysis was made to be called as a
witness.

(4) No person shall, except in so far as is necessary for the
purposes of a prosecution for an offence under the Ordinance, publish
or disclose to any person the results of an analysis made under this
regulation.

21. (1) No person employed in an industrial undertaking shall
wilfully interfere with or misuse any means, appliance, convenience or
other thing provided in pursuance of the Ordinance for securing the
health, safety or welfare of the persons employed in the industrial
undertaking, and where any means or appliance for securing health or
safety is provided for the use of any such person under the Ordinance,
he shall use the means or appliance.

(2) No person employed in an industrial undertaking shall wilfully
and without reasonable cause do anything likely to endan-
ger himself or others.

21A. (1) In any industrial undertaking or part thereof where on any
day any person employed therein is likely to be exposed continuously
for 8 hours to a sound level of 90 dB(A) or is likely to be subject to an
equivalent or greater exposure to sound the proprietor of that industrial
undertaking shall

(a)maintain any machinery and equipment used therein properly
in order to minimize the emanation of sound from them;

(b)provide suitable car protectors and make them readily
available for the use of every person employed therein; and

(c)warn every person employed therein, by posting a notice in
conspicuous places in such place of employment, of the
danger to health of a failure to make use of ear protectors.

(2) Every person for whom ear protectors are provided under
paragraph (1)(b) shall use them during the whole period when he is
likely to be. exposed continuously for 8 hours to a sound level of 90
dB(A) or is likely to be subject to an equivalent or greater exposure to
sound.

(3) For the purposes of this regulation, the level of exposure which
is equivalent to continuous exposure for 8 hours to a sound level of 90
dB(A) shall be determined by the table set out in the Third Schedule.

PART IV

NOTIFIABLE WORKPLACES

Application

22. This Part (except regulation 23) shall apply to every notifiable
workplace that is an industrial undertaking.





Notification

23. Every notification under section 9 of the Ordinance and every
prohibition notice under section 9A of the Ordinance shall be in such
form as the Commissioner for Labour may from time to time approve by
notice in the Gazette.

Prevention of Accidents

24. In every notifiable workplace-

(a)all platforms, pits and openings in floors and every other place
liable to be dangerous to persons; and

(b)all vessels containing any scalding, corrosive or poisonous
liquid,

shall be securely fenced to a height of not less than 900 millimetres or
otherwise protected to the satisfaction of the Commissioner.

25. (1) No woman or young person shall be permitted to clean any
dangerous part of the machinery in a notifiable workplace while the
machinery is in motion by the aid of any mechanical power. For the
purpose of this paragraph, such parts of the machinery shall be
presumed to be dangerous as are notified by an inspector to the
proprietor of the notifiable workplace.

(2) No woman or young person shall be permitted to clean any mill-
gearing while such mill-gearing is in motion for the purpose of
propelling any part of the machinery in a notifiable workplace.

26-31. [Revoked, L.N. 2141811

Hygiene

32. (1) Every notifiable workplace shall be kept in a clean state, and
free from effluvia arising from any drain, sanitary convenience or
nuisance, and, without prejudice to the generality of the foregoing
provisions

(a)accumulations of dirt and refuse shall be removed daily by a
suitable method from the floor and benches of workrooms and
from the staircases and passages;

(b)the floor of every workroom shall be cleaned at least once in
every week by washing or, if it is effective and suitable, by
sweeping or other method; and

(c)all inside walls and partitions, and all ceilings or tops of rooms
shall be limewashed at least once in every year or, if they have
been oil-painted or varnished, they shall be washed with hot
water and soap at least once in every period of 14 months and
repainted or varnished at least once in every period of 42
months.

(2) The proprietor of a notifiable workplace shall maintain a record
of





(a)the surfaces within the notifiable workplace which have been
limewashed in accordance with paragraph (1)(c); and

(b)the painted and varnished surfaces within the notifiable
workplace and the parts thereof which have been washed, or
repainted or revarnished, in accordance with paragraph (1)(c);
and

(e)the name and address of each person who carried out such
work and the date or dates on which the work was carried out.

(3) The proprietor of a notifiable workplace shall produce the
record maintained under paragraph (2) for inspection when required to
do so by an inspector.

33. (1) In every notifiable workplace, effective and suitable
provision shall be made for securing and maintaining by the circulation
of fresh air in each workroom or, in the case of a mine, in each shaft, the
adequate ventilation of the room or shaft, and for rendering harmless, so
far as practicable, all fumes, dust and other impurities that may be
injurious to health generated in the course of any process or work
carried on in the notifiable workplace.

(2) Without prejudice to the generality of paragraph (1), in every
notifiable workplace in which, in connexion with any process or work
carried on, there is given off any dust or fume or other impurity of such a
character and to such extent as to be likely to be injurious or offensive to
the persons employed or any substantial quantity of dust of any kind, all
practicable measures shall be taken to protect the persons employed
against inhalation of the dust or fume or other impurity and to prevent
its accumulating in any workroom, and in particular, where the nature of
the process makes it practicable, exhaust appliances shall be provided
and maintained, as near as possible to the point of origin of the dust or
fume or other impurity, so as to prevent in entering the air of any
workroom.

34. (1) Effective provision shall be made for securing and
maintaining sufficient and suitable lighting, whether natural or artificial,
in every part of a notifiable workplace in which persons are working or
passing.

(2) All glazed windows and skylights used for the lighting of
workrooms in any notifiable workplace shall, so far as K practicable, be
kept clean on both the inner and outer surfaces and free from
obstruction:

Provided that any such window or skylight may be whitewashed or
shaded for the purpose of mitigating heat or glare.

35. (1) Where, in any notifiable workplace, any process or work is
carried on which renders the floor liable to be wet to such





extent that the moisture is capable of being removed by drainage,
effective means shall be provided and maintained for draining off the
moisture.

(2) Any means for draining which does not comply with the
provisions of the Buildings Ordinance shall be deemed not to be
effective for the purpose of this regulation.

36. (1) A notifiable workplace shall not. while work is carried on, be
so overcrowded as to cause risk of injury to the health of the persons
employed therein.

(2) Without prejudice to the generality of paragraph (1), a notifiable
workplace shall be deemed to be so overcrowded as aforesaid, if the
number of persons employed at a time in any workroom is such that the
amount of cubic space allowed for every person employed in the room
is less than 7 cubic metres.

(3) In every room in every notifiable workplace a notice shall be
posted specifying the number of persons who. having regard to the
provisions of this regulation, may be employed in the room.

37. (1) Every notifiable workplace shall be provided with sufficient
and suitable latrine and washing conveniences on the premises and,
where persons of both sexes are or are intended to be employed such
conveniences shall afford proper separate accommodation for persons
of each sex.

(2) Any latrine or washing convenience which does not comply
with the provisions of the Buildings Ordinance shall be deemed not to
be sufficient and suitable for the purpose of this regulation.

38. In every notifiable workplace an adequate supply of drinking
water either from a public main or from a source approved in writing by a
health officer shall be provided and maintained at suitable points
conveniently accessible to all persons employed.

39. (1) All the floors, walls, ceilings, windows and skylights of a
notifiable workplace shall be maintained in a good state of repair and
free from spalls.

(2) The surface of all the floors of a notifiable workplace shall be
rendered and maintained in an even and non-slippery condition and the
floors shall be kept free from any obstruction or hazard which might
cause a person to fall down or stumble by tripping or otherwise.

(3) In a notifiable workplace all goods and materials shall be stored,
stacked or otherwise arranged in such a manner that no danger is
caused to any person.

PART V

[Revoked, L.N. 1571781





PART VI

OFFENCES AND PENALTIES

43. [Revoked, 11 qf 1980, s. 6

44. Any person who-

(a)contravenes any of the provisions of regulation 16F(2), 20(4),
21 or 21 A(2),

(b) [Deleted, L.N. 2141811 shall be guilty of an offence and shall be
liable to a fine of 510,000.

45. (1) The proprietor of any industrial undertaking or of any
notifiable workplace, as the case may be,

(a) [Deleted, L.N. 214181]

(b)in which any person is permitted to do anything in
contravention of any of the provisions of regulation 16C(1),
l6C(2), or 25; or

(c)in respect of which any of the provisions of regulation 24, 33
or 36(1) are contravened,

shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall-

(a)in respect of a contravention of regulation 24, be liable to a
fine of $50,000;

(b)in respect of a contravention of regulation 25, be liable to a
fine of $30,000;

(c)in respect of a contravention of regulation 16C(1) or l6C(2). be
liable to a fine of $20,000;

(d)in respect of a contravention of regulation 33 or 36(1), be
liable to a fine of $10,000.

46. (1) The proprietor of any industrial undertaking or of any
notifiable workplace, as the case may be,

(a)who contravenes any of the provisions of regulation 16B or
21A(1); or

(b)in respect of which any of the provisions of regulation 34,
37(1), 38 or 39 are contravened,

shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall

(a) [Deleted, L.N. 214/81]





(b)in respect of a contravention of regulation 16B, 21A(1), 34,
37(1), 38 or 39, be liable to a fine of 510,000.

47. (1) The proprietor of any industrial undertaking or of any
notifiable workplace, as the case may be,

(a) [Deleted, 11 of 1980, s. 61

(b)in respect of which any of the provisions of regulation 32,
35(1) or 36(3) are contravened; or

(e)who, without reasonable excuse, fails to make any report
required by regulation 17 or 18, or who makes such a report
which he knows to be false in any material particular.

shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall-

(a)in respect of a contravention of regulation 32 or 35(1), be liable
to a fine of $10,000-,

(b)in respect of a contravention of regulation 36(3), be liable to a
fine of 55,000;

(c)in respect of a failure to report or a making of a false report
referred to in paragraph (1)(c), be liable to a fine of 55,000.

48. Notwithstanding anything contained in section 13 of the
Ordinance, the proprietor of an industrial undertaking in or in respect of
which an offence against regulation 20(4) or 21 is committed shall not be
guilty of a like offence.

FIRST SCHEDULE [reg. 2.1

DANGEROUS OCCURRENCES

1 Bursting of a revolving vessel, wheel, grindstone or grinding wheel moved
by mechanical power.

2. Collapse or failure of a crane, derrick, winch, hoist or other appliance used
in raising or lowering persons or goods or any part thereof (except the breakage of
chain or rope slings), or the overturning of a crane.

3. Explosion or fire causing damage to the structure of any room or place in
which persons are employed, or to any machine or plant contained therein and
resulting in the complete suspension of ordinary work in such room or place.

4. Electrical short circuit or failure of electrical machinery, plant or
apparatus, attended by explosion or fire or causing structural damage thereto, and
involving its stoppage or disuse.

5. Explosion of a receiver or container used for the storage at a pressure
greater than atmospheric pressure of any gas or gases (including air) or any liquid
or solid resulting from the compression of gas.

6. Collapse in whole or part from any cause whatsoever of any roof, wall,
floor, structure or foundation forming part of the premises of an industrial
undertaking in which persons are employed.

7. Total or partial collapse of any overburden, face, tip or embankment in a
quarry.

8. Overturning of, or collision with any object by, any bulldozer, dumper,
excavator, grader, lorry or shovel loader, or any mobile machine used for the






handling of any substance in a quarry.





SECOND SCHEDULE

FORM 1 [reg. 16B.]

FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

REGISTER OF PERSONS EMPLOYED TO WORK UNDERGROUND
IN INDUSTRIAL UNDERTAKINGS

1. Name of industrial undertaking ..
......................................

2. Full name of person employed to work underground..

.... 1
....

3. Residential address:
.......................................

......................

4. Identity Card No.: .......................................

5. Date of birth .. .............................................

6. Dale on which worker first commenced to work

underground in the undertaking: ........................

...............
.................................................. (Full face

7. Dates of medical examinations undergone by worker photograph of
worker).

in accordance with regulation 16C(3)

(a)......................................
..............................

(b)
............................................................
(e)
............................................................

FORM 2 [reg. l6C(3)

FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

MEDICAL EXAMINATION REPORT

undertaking).

To:
..................................................................................

(name of medical practitioner hi whom examination is to be carried out)

.
...............................................................
.

(fult . . .. 1






proprieror

... .......

1 proprictor)

the proprietor of
...................................

................ .....1 industrial
situated at .......
....................................

(address of industrial undertaking

request you to examine
....................................

(full name of Employee Employee.)

in accordance with regulation 16C(3) of the Factories and Industrial
Undertakings Regulations.





2.This Employee' proposed Employee* is/will be* employed to work
underground as a ................................................................................................

(specify nature of occupation

and first commenced/will commence* such work on .................................

(specify date or proposed date)

Date: ..........................................

Signature of proprietor .. .....................................................................

Part 11. (To be completed in duplicate by the Employee or proposed
Employee).

A. Full Name of Employee/proposed Employee* ....................................

Date of Birth ..........................................

Residential Address .................................

B. History qf Past Illnesses.

(a)Is there a history of pulmonary
tuberculoses? .......................................... If
so give details ..............................

........... ...... 1

...................... ...............................

(h) Is there a history of other chronic
respiratory disease? ........(Full face photo-

................. graph of person
.................. examined).

(e)Is there a history of heart disease, diabetes mellitus or any other
serious or prolonged disease?

C. Present Complaints (if any).

I declare that to the best of my knowledge the answers given above are
accurate.

Date: ...................................................

Signature of Employee/proposed Employee*: ....................................

Part 111. (To be completed in duplicate by examining medical
practitioner).

A. General Nutrition ........................................................................

Weight ....kg Height ...mm.

Eyes: Visual acuity R . .L . Ears
Cardiovascular System Pulse rate BY .





.Abdomen ..............1

Hernias ..............................................................................

Genito-urinary System ...............

Urine ...Sp, G ...bulb . Sugar
Skeletal System ......................................
Upper limbs .................................

Lower limibs ........................................................................

Nervous Systme ...........................................................................

B...........................Chest X-ray Examination (date

Dr. . ......................................................................................... reports as
.....(medical practitioner by is whom X-ray ., made)

follows: ....................................................................................

C............................1 have examined the above named ......

(full name)
in accordance with this report, and consider that he is fit,unfit* to work
underground in an industrial undertaking to which Part IIA of the Factories
and Industrial Undertakings Regulations applies.
Date:
Signature of Examining Medical Practitioner
Name of Examining Medical Practitioner .

Address. ...................................... ...................

.............................

Telephone ,\,'utpzber: ..............

(a)One copy of this completed form should he sent by the examining medical practitioner under
confidential cover to the senior occupational health officer. Occupational Health Division Labour
Department. The other copy is to be retained b% the examining medical partitioner.

(b) Delete hiche,cr , inapplicable

FORM 3 [reg. l6C(4)

FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

CERTIFICATE AS TO FITNESS OF EMPLOYEE PROPOSED
EMPLOYEE*

To:................................ ...........................................................................

(proprietor W 1 undertaking ing)

.............. 1 ........................................

of industrial undertaking ing)

1 hereby certify that Mr. . .....................................................................

of......................................................................................................

1 address)

has been examined medically in accordance with regulation 16C(3) of the Factories






and Industrial Undertakings Regulations and is fit unfit* to work underground in an
industrial undertaking to which Part IIA of the regulations applies.

Date of issue: .................................................................................

Signed . ..........................................................................................
1 pal 'I health ,#,, officer

Delete whichever is inapplicable.





THIRD SCHEDULE [reg. 21A.]

LEVEL OF EXPOSURE EQUIVALENT TO CONTINUOUS
EXPOSURE
FOR 8 HOURS To A SOUND LEVEL OF 90 dB(A)


Sound level dB(A) Duration of exposure per day
90 to under 91 8 hours
91 to under 92 6hours hours
92 to under 93 5 hours
93 to under 94 4 hours
94 to under 95 3 hours
95 to under 96 2A hours
96 to under 97 2 hours
97 to under 98 11 hours
98 to under 99 11 hours
99 to under 100 1 hour
100 to under 101 50 minutes
101 to under 102 40 minutes
102 to under 103 30 minutes
103 to under 104 25 minutes
104 to under 105 1-0 minutes
105 to under 106 15 minutes
106 to under 107 11 minutes
107 to under 108 9 minutes
108 to under 109 7.1 minutes
109 to under 110 6 minutes
110 to under 11 4 minutes minutes
111 to under 112 31 minutes
112 to under 113
3 minutes
113 to under 114 2,1 minutes
114 to under 115 11. minutes
115 to under 116 1 minutes
116 to under 117 IT minutes
117 to under 118 50seconds
118 to under 119 42 seconds
119 to under 120 35seconds
120 to under 121 25seconds
121 and over no exposure without
hearing protection
G.N.A. 103/55. G.N.A. 70/56. G.N.A. 71/58. G.N.A. 74/58. 42 of 1961. L.N. 129/63. L.N. 189/67. L.N. 87/68. L.N. 29/69. L.N. 132/69. L.N. 10/71. L.N. 150/73. L.N. 221/73. L.N. 262/74. L.N. 7/75. L.N. 104/75. L.N. 26/76. L.N. 45/76. 8 of 1976. L.N. 198/76. L.N. 316/76. L.N. 102/77. 73 of 1977. L.N. 157/78. 55 of 1979. 11 of 1980. L.N. 114/81. L.N. 214/81. L.N. 149/82. L.N. 248/82. L.N. 238/84. 50 of 1985. Citation. Interpretation. 11 of 1980, s. 6. L.N. 132/69. First Schedule. L.N. 132/69. L.N. 132/69. (Cap. 177.) L.N. 157/78. L.N. 29/69. L.N. 132/69. (Cap. 332.) Application of Part IIA. L.N. 132/69. Register of persons employed underground in industrial undertaking. L.N. 132/69. Second Schedule, Form 1. Employees not to work underground unless examined medically. L.N. 132/69. L.N. 248/82. L.N. 248/82. Second Schedule, Form 2. Second Schedule, Form 2. Second Schedule, Form 2. L.N. 248/82. Second Schedule, Form 3. Exemption from medical examination where employee examined within previous 12 months. L.N. 132/69. L.N. 248/82. L.N. 248/82. Exemption from medical examination where work unlikely to take more than 6 months to complete. L.N. 132/69. Disclosure of medical information. L.N. 132/69. L.N. 248/82. Report of accidents resulting in death or incapacity. L.N. 7/75. (Cap. 282.) Reports of dangerous occurrences. L.N. 29/69. L.N. 7/75. L.N. 29/69. Application of regulations 17 and 18. L.N. 7/75. (Cap. 285.) Power to take samples. Duties of persons employed. Protection from sound. L.N. 149/82. Third Schedule. L.N. 157/78. 50 of 1985, s. 9. Application of this Part. 50 of 1985, s. 9. 50 of 1985, s. 9. Form of notification and prohibition notice. 50 of 1985, s. 9. Fencing of dangerous platforms, liquids, etc. 50 of 1985, s. 9. L.N. 238/84. Cleaning of dangerous machinery by women and young persons. 50 of 1985, s. 9. Cleanliness. 50 of 1985, s. 9. Ventilation. 50 of 1985, s. 9. Lighting. 50 of 1985, s. 9. Drainage of floors. 50 of 1985, s. 9. (Cap. 123.) Overcrowding. 50 of 1985, s. 9. L.N. 238/84. Sanitary conveniences, etc. 50 of 1985, s. 9. (Cap. 123.) Supply of drinking water. 50 of 1985, s. 9. Repair, maintenance and safety. 50 of 1985, s. 9. Penalty for contravention of regulation 16F(2), 20(4), 21 or 21A(2). G.N.A. 71/58. L.N.132/69. L.N. 157/78. L.N. 114/81. L.N.214/81. L.N. 149/82. Penalty for contravention of regulation 16C(1), 16C(2) , 24, 25, 33 or 36(1). G.N.A. 71/58. L.N. 189/67. L.N. 132/69. L.N. 221/73. L.N. 157/78. 11 of 1980, s. 6. L.N. 114/81. L.N. 214/81. 50 of 1985, s. 9. L.N. 114/81. L.N. 214/81. Penalty for contravention of regulation 16B, 21A(1), 34, 37(1), 38 or 39. G.N.A. 71/58. L.N. 87/68. L.N. 132/69. L.N. 150/73. L.N. 26/76. L.N. 157/78. 11 of 1980, s. 6. L.N. 114/81. L.N. 214/81. L.N. 149/82. 50 of 1985, s. 9. L.N. 114/81. L.N. 149/82. Penalty for contravention of regulation 17, 18, 32, 35(1) or 36(3). G.N.A. 71/58. L.N. 157/78. L.N. 114/81. 50 of 1985, s. 9. L.N. 7/75. L.N. 114/81. Liability of proprietors. G.N.A. 71/58. L.N. 132/69. L.N. 29/69. L.N. 132/69. L.N. 238/84. L.N. 248/82. L.N. 248/82. L.N. 149/82.

Abstract

G.N.A. 103/55. G.N.A. 70/56. G.N.A. 71/58. G.N.A. 74/58. 42 of 1961. L.N. 129/63. L.N. 189/67. L.N. 87/68. L.N. 29/69. L.N. 132/69. L.N. 10/71. L.N. 150/73. L.N. 221/73. L.N. 262/74. L.N. 7/75. L.N. 104/75. L.N. 26/76. L.N. 45/76. 8 of 1976. L.N. 198/76. L.N. 316/76. L.N. 102/77. 73 of 1977. L.N. 157/78. 55 of 1979. 11 of 1980. L.N. 114/81. L.N. 214/81. L.N. 149/82. L.N. 248/82. L.N. 238/84. 50 of 1985. Citation. Interpretation. 11 of 1980, s. 6. L.N. 132/69. First Schedule. L.N. 132/69. L.N. 132/69. (Cap. 177.) L.N. 157/78. L.N. 29/69. L.N. 132/69. (Cap. 332.) Application of Part IIA. L.N. 132/69. Register of persons employed underground in industrial undertaking. L.N. 132/69. Second Schedule, Form 1. Employees not to work underground unless examined medically. L.N. 132/69. L.N. 248/82. L.N. 248/82. Second Schedule, Form 2. Second Schedule, Form 2. Second Schedule, Form 2. L.N. 248/82. Second Schedule, Form 3. Exemption from medical examination where employee examined within previous 12 months. L.N. 132/69. L.N. 248/82. L.N. 248/82. Exemption from medical examination where work unlikely to take more than 6 months to complete. L.N. 132/69. Disclosure of medical information. L.N. 132/69. L.N. 248/82. Report of accidents resulting in death or incapacity. L.N. 7/75. (Cap. 282.) Reports of dangerous occurrences. L.N. 29/69. L.N. 7/75. L.N. 29/69. Application of regulations 17 and 18. L.N. 7/75. (Cap. 285.) Power to take samples. Duties of persons employed. Protection from sound. L.N. 149/82. Third Schedule. L.N. 157/78. 50 of 1985, s. 9. Application of this Part. 50 of 1985, s. 9. 50 of 1985, s. 9. Form of notification and prohibition notice. 50 of 1985, s. 9. Fencing of dangerous platforms, liquids, etc. 50 of 1985, s. 9. L.N. 238/84. Cleaning of dangerous machinery by women and young persons. 50 of 1985, s. 9. Cleanliness. 50 of 1985, s. 9. Ventilation. 50 of 1985, s. 9. Lighting. 50 of 1985, s. 9. Drainage of floors. 50 of 1985, s. 9. (Cap. 123.) Overcrowding. 50 of 1985, s. 9. L.N. 238/84. Sanitary conveniences, etc. 50 of 1985, s. 9. (Cap. 123.) Supply of drinking water. 50 of 1985, s. 9. Repair, maintenance and safety. 50 of 1985, s. 9. Penalty for contravention of regulation 16F(2), 20(4), 21 or 21A(2). G.N.A. 71/58. L.N.132/69. L.N. 157/78. L.N. 114/81. L.N.214/81. L.N. 149/82. Penalty for contravention of regulation 16C(1), 16C(2) , 24, 25, 33 or 36(1). G.N.A. 71/58. L.N. 189/67. L.N. 132/69. L.N. 221/73. L.N. 157/78. 11 of 1980, s. 6. L.N. 114/81. L.N. 214/81. 50 of 1985, s. 9. L.N. 114/81. L.N. 214/81. Penalty for contravention of regulation 16B, 21A(1), 34, 37(1), 38 or 39. G.N.A. 71/58. L.N. 87/68. L.N. 132/69. L.N. 150/73. L.N. 26/76. L.N. 157/78. 11 of 1980, s. 6. L.N. 114/81. L.N. 214/81. L.N. 149/82. 50 of 1985, s. 9. L.N. 114/81. L.N. 149/82. Penalty for contravention of regulation 17, 18, 32, 35(1) or 36(3). G.N.A. 71/58. L.N. 157/78. L.N. 114/81. 50 of 1985, s. 9. L.N. 7/75. L.N. 114/81. Liability of proprietors. G.N.A. 71/58. L.N. 132/69. L.N. 29/69. L.N. 132/69. L.N. 238/84. L.N. 248/82. L.N. 248/82. L.N. 149/82.

Identifier

https://oelawhk.lib.hku.hk/items/show/2329

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

19
]]>
Tue, 23 Aug 2011 18:05:53 +0800
<![CDATA[FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2328

Title

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE

Description






LAWS OF HONG KONG

FACTORIES AND INDUSTRIAL UNDERTAKINGS
ORDINANCE

CHAPTER 59





CHAPTER 59

FACTORIES AND INDUSTRIAL UNDERTAKINGS
ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Appointment of Commissioner and other officers ... ... ... ... ... ... ... 5

4. Powers of officers ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5

5. Duty of public officers not to disclose source of complaint. etc . ... ... ... ... 7

6.Employment not to be terminated. etc. by reason of fact that employee has given
evidence in proceedings under Ordinance. etc . ... ... ... ... ... ... ... 8

7. Power of Commissioner for Labour to make regulations. etc. ... ... 8

8. Governor in Council may amend the Schedules ... ... ... ... ... ... ... 10

9. Notification of workplaces ... ... ... ... ... ... ... ... ... ... ... 10

9A. Prohibition notices ... ... ... ... ... ... ... ... ... ... ... ... ... 10

10. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... 12

11. Power to make orders as to dangerous conditions and practices ... ... ... ... 13

1 1A. Inquiry by, chief factory inspector in case or accident ... ...
... ... 14

1 11B. Power of Commissioner or deputy commissioner to hold formal inquiry ... ... 14

1 11C. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... is

12. Continuing offences ... ... ... ... ... ... ... ... ... ... ... Is

13. Liability of proprietor ... ... ... ... ... ... ... ... ... ... ... ... ... is

14. Liability of directors, partners, etc . ... ... ... ... ... ... ... ... ... ... 15

15. Procedure ... ... ... ... ... ... ... ... ... ... ... ... ... ... 15

16. Presumptions ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 16

17. Prosecution of offences ... ... ... ... ... ... ... ... ... ... ... ... ... 16

First Schedule. Dangerous trades ... ... ... ... ... ... ... ... ... ... ... ... 17

Second Schedule. Scheduled trades ... ... ... ... ... ... ... ... ... ... ... ... 17

Third Schedule. Specified structures and works ... ... ... ... ... ... ... ... ... 17





CHAPTER 59

FACTORIES AND INDUSTRIAL UNDERTAKINGS

To amend the law relating tp factories and industrial undertakings
and to the employment qf women, young persons and children
therein.

[29 September 1955.]

1. This Ordinance may be cited as the Factories and Indus~ trial
Undertakings Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

-bodily injury--- includes injury to health;

'child' has the meaning assigned to it in the Employment Ordinance;
(Replaced, 55 of 1979, s. 2)

'Commissioner- means the Commissioner for Labour appointed under
section 3, and, except where the expression -Commissioner for
Labour- is used, includes any deputy commissioner, any assistant
commissioner and any person appointed as a senior labour officer,
a labour officer, an occupational health consultant, a senior
occupational health officer, an occupational health officer, an
occupational hygienist, a chief factory inspector, a deputy chief
factory inspector, a superintendent of factory inspectors or a
divisional factory inspector; (Replaced, 72 of 1970, s. 2. Amended,
73 of 1977, s. 2: L.N. 248182 and 37 of] 983, s. 2)

-construction work- means

(a)the construction, erection, installation, reconstruction. repair,
maintenance (including redecoration and external cleaning),
renewal, removal, alteration, improvement, dismantling. or
demolition of any structure or works specified in the Third
Schedule,

(b)any work involved in preparing for any operation referred to
in paragraph (a), including the laying of foundations and the
excavation of earth and rock prior to the laying of
foundations;





(e)the use of machinery, plant. tools. gear. and materials in
connexion with any operation referred to in paragraph (a) or
(h), (Added, 52 of1973, s. 2)

'contractor', in relation to construction work. means any person or firm
engaged in carrying out construction work by way of trade or
business, either on his own account or pursuant to a contract or
arrangement entered into with another person. including the Crown
or any public body,. (Added, 52 of 1973,.s. 2)

'dangerous trade' means any trade. process or occupation specified in
the First Schedule;

'factory' means any premises or place, (other than a mine or quarry), in
which articles are manufactured, altered. cleansed. repaired,
ornamented, finished. adapted for sale. broken up or demolished or
in which materials are transformed. and within the close or curtilage
or precincts of which (Amended. 4 of 1969,s.2)

(a)any machinery other than machinery worked entirely by hand
is used; or

(b) 20 or more persons are employed in manual labour,

(Replaced, 37 of 1983, s. 2)

---industrialundertaking- includes--

(a) any factory;

(b) any mine or quarry; (Amended, 4 of 1969, s. 2)

(e)any industry in which articles are manufactured, altered,
cleansed, repaired, ornamented, finished, adapted for sale,
broken up or demolished, or in which materials are
transformed, including shipbuilding.

(d)the generation, transformation, and transmission of electricity
or motive power of any kind;

(e) any construction work; (Replaced, 52 of'1973, s. 2)

the loading, unloading, or handling of goods or cargo at any
dock, quay, wharf, warehouse or airport, (Replaced, 52 of
1973, s. 2. Amended, 73 qf 1977, s. 2)

(g) the carriage of coal, building materials, or debris;

(Added, 52 of 1973, s. 2)

(h)the transport of passengers or goods by road, rail, cableway
or aerial ropeway; and (Replaced, 19 qf 1976, s. 32)

(i)any premises or site in or upon which, and the machinery,
plant, tools, gear and materials with which, any of the
foregoing industrial undertakings is carried on; (Added, 37 of
1978, s. 2)





'inspector' means any person appointed under section 3 as chief
factory inspector, a deputy chief factory inspector, a
superintendent of factory inspectors, a divisional factory inspector,
a factory or an assistant factory inspector, a chief labour inspector,
a senior labour inspector or a labour inspector,(Replaced, 10 of
1965, s. 2. Amended, 73 of 1977, s. 2 and 37 of 1983, s. 2)

'mine' means any works or system of works for the extraction of
minerals from the earth., (Replaced, 4 of 1969, s. 2)

'mineral' includes

(a)metalliferous ores and other substances in their natural state
which are obtainable only by mining or in the course of
prospecting operations;

(b)metalliferous ores and other substances in their natural state
mined or obtained in the course of prospecting operations;

(e)the valuable parts of such ores or other substances when
unmanufactured;

(d)the product of treating or dressing such ores or other
substances for marketing or export; and

(e) kaolin.

but does not include

(i) any clay other than kaolin,

(i i) granite, porphyry, limestone or sand;

(iii) any common mineral substance which the Governor by notice
in the Gazette under the Mining Ordinance has declared not
to be a mineral for the purposes of the provisions of that
Ordinance other than section 3 thereof, or

(iv) any mineral oil, (Added, 4 of 1969, s. 2)

'notifiable workplace' means

(a) any factory, mine or quarry; and

(b)any premises or place in which a dangerous trade or
scheduled trade is carried on or is proposed to be carried on,

but does not include a construction site within the meaning of the
Construction Sites (Safety) Regulations; (Added, 50 of 1985,s.2)

'prohibition notice' means a notice issued under section 9A(1);

(Added, 50 qf 1985 s. 2)

,.proprietor' in relation to any industrial undertaking or notifiable
workplace includes the person for the time being having the
management or control of the business

carried on in such industrial undertaking or notifiable
workplace and includes a body corporate and a firm and also





the occupier of any industrial undertaking or notifiable workplace
and the agent of such occupier; (Amended, 50 qf 1985, s.2)

'quarry' means any works or system of works the principal purpose of
which is to extract from the earth for commercial purposes any
granite, porphyry or limestone; (Added, 4 of 1969, s. 2)

',scheduled trade' means any trade, process or occupation specified in
the Second Schedule;

'young person' has the meaning assigned to it in the Employment
Ordinance. (Replaced, 55 of 1979, s. 2)

(2) A woman, young person or child who works in an industrial
undertaking, whether for wages or not, either in a process or in cleaning
any part of the industrial undertaking used for any process, or in
cleaning or oiling any part of the machinery or plant, or in any other kind
of work whatsoever incidental to or connected with the process, or
connected with the article made or otherwise the subject of the process
therein, shall be deemed to be employed therein for the purposes of this
Ordinance or any proceedings thereunder. (Added, 51 of 1961, s. 2)

(3) None of the provisions of this Ordinance shall apply to-
(Amended, 73of 1977,s. 2 and 11 qf 1980, s.2)

(a)any undertaking which is not carried on by way of trade or for
purposes of gain; or

(b) any agricultural operation; or

(c)the preparation of food for consumption and sale on the
premises whereon it is prepared.

(Amended, 50 of 1985, s. 2)

3 The Governor may appoint a Commissioner for Labour,
deputy commissioners for labour, assistant commissioners for
labour, senior labour officers, labour officers, assistant labour offi-
cers, occupational health consultants, senior occupational health
officers, occupational health officers, assistant occupational health
officers, occupational hygienist a chief factory inspector, deputy
chief factory inspectors, superintendents of factory inspectors, divi-
sional factory inspectors, factory or assistant factory inspectors, chief
labour inspectors, senior labour inspectors and labour inspectors
and such other officers as he may consider necessary for carrying out
the purpose of this Ordinance,

(Replaced, 10 of 1965, s. 3. Amended, 4 of 1969, s. 3; 72 of
1970, s. 3; 73 of 1977, s. 3; L.N. 248182 and 37 of 1983, s. 3)


4. (1) The Commissioner and any assistant labour or in-
dustrial health officer appointed under section 3, any industrial
hygienist, any inspector, and any other officer authorized in writing





generally or particularly by the Commissioner for Labour shall have the
following powers- (Replaced, 10 of 1965, s. 4. Amended, 73 of 1977, s.
4)

(a)to enter, inspect and examine at all reasonable times, by day
and night, any premises or place in which he knows or has
reasonable cause to believe that an industrial undertaking is
being carried on;

(b) [Deleted, 73 qf* 1977, s. 41

(c)to require the production of any register or other document
required to be kept under this Ordinance and inspect, examine
and copy the same;

(d)to make such examination and inquiry as may be necessary to
ascertain whether the requirements of this Ordinance are
complied with, and seize anything which may appear to be
evidence of an offence against this Ordinance;

(e)to examine, either alone or in the presence of any other person,
as he thinks fit, respecting matters under this Ordinance, any
person whom he finds in any industrial undertaking, or whom
he has reasonable cause to believe has been within the
preceding 2 months employed in any industrial undertaking, or
require any such person to be so examined and to sign a
declaration of the truth of the matters respecting which he has
been so examined; (Amended, 4 of1969, s. 4)

to require any person who employs or has employed any
woman, young person or child in an industrial undertaking or
any agent or servant of any such employer to give to him all
information in the possession of such person, agent or
servant with reference to such woman. young person or child
and to the labour conditions and treatment of every woman,
young person and child employed by such employer.

(g)to remove and detain for inquiries in a place of refuge
appointed under any Ordinance for the time being in force
relating to women, young persons or children any young
person or child whom he finds in any place in or in respect of
which he has reasonable cause to suspect that an offence
against this Ordinance has been committed;

(h)to require the posting up, in such place and manner and for
such period as he may direct, of any notice in connexion with
the provisions of this Ordinance or any matter related to the
manufacture carried out, or machinery, plant. process or
persons employed in any industrial undertaking; and
Amended 11 of 1980, s. 3)

(i)any other powers which may be conferred by any regulation
made under this Ordinance.





(2) Any Health Officer, any officer of the Fire Services Department
with the written authority of the Director of Fire Services and any officer
specially authorized by the Commissioner for Labour may, subject to
such directions as the Commissioner for Labour may impose, at any time
enter and inspect any industrial undertaking for the purpose of
ascertaining whether the requirements of this Ordinance are complied
with. (Amended, 42 of'1961, s. 2, and 4 of 1969, s. 4)

(2A) An officer exercising any power conferred on him by
subsection (1) may take with him any person. whether a public officer or
not, whom he may reasonably need to assist him in carrying out his
duties under this Ordinance and in particular may, for his assistance,
take persons who have been engaged by the Commissioner for Labour,
on account of their special expertise, to advise the Commissioner on the
safety and health of persons employed in industrial undertakings.
(Added, 73 of 1977. s. 4)

(2B) A person who accompanies an officer pursuant to subsection
(2A)

(a)may give to the officer such assistance in the exercise of any
power conferred on him by subsection (1) as the officer may
reasonably require;

(b)shall be deemed to be a public officer for the purposes of
sections 5 and 6. (Added, 73 of 1977, s. 4)

(3) The powers conferred by this Ordinance on any officer shall be
in addition to and not in substitution for any other powers which such
officer may possess.

5. (1) Save as provided in subsection (4), no public officer shall
disclose to any person, other than another public officer in the course
of official duty, the name or identity of any person who has made a
complaint alleging a contravention of any of the provisions of this
Ordinance or as a result of which a contravention of any such provision
has come to his notice or to the notice of any other public officer.
(Amended, 11 of 1980, s. 4)



(2) No public officer shall disclose to the proprietor of an industrial
undertaking or his representative or to any other employer who is
carrying on business in the industrial undertaking or his representative
that a visit to the industrial undertaking was made in consequence of
the receipt of any such complaint as is referred to in subsection (1).

(3) Save as provided in subsection (4), where, arising out of, or in
connexion with, the enforcement of any of the provisions of this
Ordinance, any manufacturing or commercial secret or any working
process comes to the knowledge of a public officer, such officer shall
not at any time and notwithstanding that he is no longer a public officer
disclose such secret or process to any person.





(4) Where in any proceedings a court or a magistrate considers that
justice so requires, the court or magistrate may order the disclosure of
the name or identity of any person who has made any such complaint as
is referred to in subsection (1) or the disclosure of any such secret or
process as is referred to in subsection (3).

(Added, 51 of 1961, s. 3)

6. No employer shall terminate, or threaten to terminate, the
employment of, or in any way discriminate against, any of his employees
by reason of the fact that the employee has

(a)given evidence, or agreed to give evidence, in any proceeding
for the enforcement of any of the provisions of this Ordinance;
or

(b)given information to a public officer in any inquiry made by
such officer for the purposes of or in connexion with the
enforcement of any of the provisions of this Ordinance.

611 (Added, 51 of 1961, s. 3. Amended, 4 of 1969, s. 5)

7. (1) The Commissioner for Labour 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,

(b)prohibiting or controlling the employment of women, young
persons and children in industrial undertakings, and requiring
registers to be kept of women, young persons and children
employed in industrial undertakings;

(c)imposing obligations for securing compliance with the
provisions of this Ordinance upon persons who employ
women, young persons or children in industrial undertakings
and upon the agents and servants of such persons,

(d)defining the duties and powers of all officers appointed under
section 3, (Amended, 10 of 1965, s. 5)

(e)exempting any industrial undertaking from the operation of this
Ordinance or any part thereof,

the forms to be used for the purposes of this Ordinance and
the manner of publishing such forms; (Replaced, 50 of
1985,s.3)

(g) means of securing hygienic conditions;

(h)means of ensuring the safety of persons in industrial
undertakings and of relieving persons suffering from the
effects of accidents in industrial undertakings; (Replaced, 4 of
1969,s.6)

(i) means of securing the removal of any danger or defect;

(j)requiring notifications to be made in relation to accidents and
such dangerous occurrences as may be specified in the
regulations,





(k)precautions to be taken against fire and providing for means of
escape from fire;

the taking for purposes of analysis of samples of materials or
substances used or handled;

(m)requiring notifications to be made in relation to the occurrence
amongst person who have been or are employed in industrial
undertakings of such diseases as may be specified in such
regulations,

(n)requiring the medical inspection by a Health Officer or by a
medical practitioner employed by the proprietor of the
industrial undertaking concerned of any person or of any class
of person employed or intended to be employed in any
industrial undertaking, and the keeping of records of any such
inspections, (Amended, 4 of 1969, s. 6)

(o)imposing duties on proprietors, contractors and persons
employed. (Amended, 52 of 1973.s. 3)

(p)generally, carrying into effect the provisions of this Ordinance.

(2)(a) Where the Commissioner for Labour is satisfied that any
manufacture, machinery. plant, process or description of
manual labour, used in industrial undertakings is of such a
nature as to cause risk of bodily injury to persons employed in
connexion therewith. or any class of those persons, he may,
without prejudice to the generality of the power to make
regulations under subsection (1), make such special
regulations as appear to him to be reasonably practicable and
to meet the necessity of the case and in particular such special
regulations may

(i) prohibit or control the employment of all persons or any
class of persons in connexion with any manufacture,
machinery, plant, process, or description of manual labour; or

(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 for Labour shall be
submitted to the Governor, and shall be subject to the approval of the
Legislative Council.





(4) The Commissioner for Labour 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 for Labour, 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, and 4 of 1969, s. 6)

Provided that any person aggrieved by such exemption or order
may within 14 days of being notified of such exemption or order appeal
by way of petition to the Governor in Council, whose decision shall be
final. (Replaced, 4 of 1969, s. 6)

(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
$50,000. (Amended, 52 of'1973, s. 3 and57 qf 1980, s. 2)

8. The Governor in Council may by order amend the First. Second
or Third Schedule.

(Replaced, 52 of1973, s. 4. Amended 7 of 1976, s. 3 and 50 qf
1985, s. 4)

9. (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 for Labour 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 for Labour in the prescribed form of the proposed change
before it takes effect.

(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 for Labour of the fact of such change
within 21 days after it takes effect.

(Replaced, 50 of 1985 s. 5)

9A. (1) If at any time the Commissioner for Labour 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 for Labour 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 for Labour 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 for Labour to cancel a
prohibition notice, or

(c)the giving of any direction upon the cancellation of a
prohibition notice,

may, within 14 days of being notified of such issue, refusal or direction,
appeal against it by way of petition to the Governor in Council, whose
decision thereon shall be final.

(5) In this section-

(a)'Commissioner for Labour' includes any person authorized
by the Commissioner for Labour in writing for the purposes of
this section;

(b) 'suitable' 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 general] (Added, 50 qf 1985, s. 5)





10. (1) A person who contravenes section 9 commits an offence and
is liable to a fine of $10,000. (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 $30,000.
(Replaced, 50 qf 1985, s. 6)

(1 B) Where a proprietor has appealed to the Governor in Council
under section ABAFT), 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. (A (Added, 50 of 1985, s. 6)

(1C) Where under section 9A(3) the Commissioner for Labour 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 530.000 (Added, 50 of 1985, s. 6)

(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 $30,000

(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

(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 $20,000.

(4) Any person who contravenes any of the provisions of section
5(1), (2) or (3) shall be guilty of an offence and shall be liable to a fine of
$10,000.

(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 the
workplace was registered or provisionally registered under repealed
section 9(5). (Added, 50 qf 1985, s. 6)

(6) The proprietor of a notifiable workplace which before the
commencement of Factories and Industrial Undertakings (Amendmerit)
Ordinance 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 commenement of that Ordinance.

(Added. 50 of 1985, s. 6)

(7) In this section 'repealed' means repealed by section 5 of the
Factories and Industrial Undertakings (Amendment) Ordinance 1985.
(Added, 50 of 1985, s. 6)

(Replaced, 19 of 1963, s. 3. Amended, 4 qf 1969, s. 8 and 37 of
1983, s. 5)

11. (1) Notwithstanding the provisions of section 9A, if on
complaint by an inspector a magistrate is satisfied either(Amended, 50 of
1985, s. 7)

(a)that any part of the ways, works, machinery or plant used in an
industrial undertaking is in such condition or so constructed or
so placed that it cannot be used without risk of bodily injury;
or

(b) that any process or work is carried on or anything is or has
been done in any industrial undertaking in such a manner as
to cause risk or bodily injury.

the magistrate shall, by order, as the case may require-

(i)prohibit the use of that part of the ways. works, machinery or
plant, or, if it is capable of repair or alteration, prohibit its use
until it is duly repaired or altered;

(ii)require the proprietor to take such steps as may be specified in
the order for remedying the danger complained of, or

(iii) direct that such machinery or plant shall be secured by a seal,
lock or other device by an inspector in such manner as the
inspector may think necessary to prevent the operation of the
machinery or plant without the seal, lock or other device being
broken or removed, for such period as the magistrate may
specify in such order.

(2) Where a complaint is or has been made under subsection (1) the
magistrate may, on application ex parte by an inspector, and on
receiving evidence that the use of any such part of the ways, works,
machinery or plant, or, as the case may be, the carrying on of any
process or work or the doing of anything in such a manner as aforesaid,
involves imminent risk of serious bodily injury, make an interim order
prohibiting either absolutely or subject to conditions, the use, carrying
on or doing thereof until the earliest opportunity for hearing and
determining the complaint and may include in such interim order a
direction that any machinery or plant located in such industrial
undertaking shall be secured by a seal, lock or other device by an
inspector in such manner as the inspector may think necessary to
prevent the operation of the machinery or plant without the seal, lock or
other device being broken or removed, and where such an interim order
or direction has been made, the magistrate may at any time rescind or
vary the interim order or direction. (Amended, 4 of 1969,s.9)

(3) In the event of any contravention of or failure to comply with
any order made by a magistrate under this section or of any





condition or direction contained in such order the proprietor of the
industrial undertaking in respect of which the order is made shall be
guilty of an offence and shall be liable to a fine of $50.000 and to
imprisonment for 6 months. (Amended, 57of 1980,s. 3)

(Added, 19 of 1963, s. 3)

11A. (1) Whenever an accident whether or not involving injury to
any person occurs in an industrial undertaking, the Commissioner for
Labour, if he is of the opinion that an inquiry into the cause and
circumstances of the accident should be held, shall direct the chief
factory inspector to hold such inquiry.

(2) An inquiry by the chief factory inspector shall be held
informally in the first instance in such manner as the chief factory
inspector may think fit and the chief factory inspector shall record his
findings in writing and submit the record to the Commissioner for
Labour.

(3) Where the chief factory inspector is of the opinion that an
inquiry by him under this section is likely to be frustrated or delayed
owing to the unwillingness of any person to provide any information
relating to the accident or to produce books or records for inspection or
to answer any question, or for any other cause, the chief factory
inspector shall submit a statement in writing to the Commissioner for
Labour to that effect

A dded, 3 7 of 1983, s. 6)

11B. (1) Where a statement is submitted to the Commissioner for
Labour under section 1 1A(3) in respect of any accident. the
Commissioner for Labour or a deputy commissioner for labour may hold
an inquiry into the cause and circumstances of the accident.

(2) The Commissioner for Labour or a deputy commissioner for
labour, for the purposes of holding an inquiry

(a)shall have all the powers of a magistrate to summon witnesses,
to call for the production of books and documents and examine
witnesses and other persons concerned on oath; and

(b)may, on application made to him in that behalf, hold the inquiry
otherwise than in public to such extent as he considers
necessary for the purpose of bearing evidence, the giving of
which is in his opinion likely to disclose information relating to
a trade secret.

(3) Any person summoned to attend before an inquiry held under
this section or to produce books or documents as evidence in the
inquiry who fails to do so, or who refuses to answer any question put to
him by or with the concurrence of the person holding the inquiry, shall
be guilty of an offence and be liable to a fine of 5 10,000 and to
imprisonment for 3 months:

Provided that no person shall be bound to incriminate himself, and
every witness shall. in respect of any evidence given by him at





such inquiry, be entitled to the same privileges to which he would be
entitled in proceeding before a magistrate.

(4) Any person who behaves in an insulting manner or uses any
threatening or insulting expression to or in the presence of the person
holding the inquiry commits an offence and is liable to a fine of $5,000
and to imprisonment for 3 months.

(Added, 37 of1983, s. 6)

11C. Any inquiry held by virtue of section 1 ]B shall not derogate
in any way from the powers or jurisdiction exercisable by coroners
under the Coroners Ordinance.

(Added, 37 of 1983, s. 6)

12. 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 $5,000 for every day during the whole or any part of which such
offence is knowingly and wilfully continued.

(A mended, 52 qf'] 9 73, s. 5 and 3 7 of 1983, s. 7)

13. (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.

14. (1) Where the person convicted of an offence against this
Ordinance is a company, the chairman and evey director and every
officer concerned in the management of the company shall be guilty of
the like offence unless he proves that the act or omission constituting
the offence occurred without his knowledge or consent, and shall each
be liable to the penalty prescribed for such offence.

(2) Where the person convicted of an offence against this
Ordinance is a firm, every partner in the firm and every person concerned in the
management of the firm shall be guilty of the like offence unless he
proves that at the act or omission constituting the offence occurred
without his knowledge or consent, and shall each be liable to the
penalty prescribed for such offence.

(Amended, 37 qf 1983, s. 8)

15.(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.

(b)Any such summons may be addressed to the proprietor of an
industrial undertaking without specifying the name of the
proprietor.





(e)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 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 Ordin-
ance 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.

16. 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 qf 1961, s. 5)

17. (1) Prosecutions for offences against this Ordinance may
be brought in the name of the Commissioner for Labour, and
may be commenced and conducted by any officer of the Labour
Department.

(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 for Labour.





(3) Nothing in this section shall be deemed to derogate from the
powers of the Attorney General in relation to the prosecution

of criminal offences.

FIRST SCHEDULE [ss. 2 8.1

DANGEROUS TRADES

1 Boiler chipping.

2. [Deleted, L.N. 222183.1

3. The manufacture of glass from basic raw materials. (Replaced. L.N.

4.Manufacturing processes involving the use of arsenic. lead. manganese.
mercury. phosphorus, or any compound of any of them. Amended L.N. 222 83)

5. Vermillion manufacture.

6. Chromium plating.

7.The machining or grinding of celluloid or magnesium. or of any article wholly
or partly made of celluloid or magnesium in any, manufacturing process.
(Replaced, L.N. 222/83)

8. The manufacture of hydrochloric. nitric or sulphuric acids.

SECOND SCHEDULE [ss. 2 8.1

SCHEDULED TRADES

1 Any industrial undertaking involving the use of any dangerous goods specified in
Category 5 in the Schedule to the Dangerous Goods, (Classification) Regulations
and for which a licence is required under the Dangerous Goods Ordinance.
(Amended. L.N. 222/83)

2. Any industrial undertaking involving the use of coal gas.

3.Any industrial undertaking involving the use of electricity as motive power or
for beating or in any electrolytic process. other than electricity used solely for
the ventilation, heating or lighting of a building.

4.Any industrial undertaking involving the use or any X-ray or radioactive
substance. (Added, G.N.A. 62/56)

THIRD SCHEDULE [ss. 2 8,]

SPECIFIED STRUCTURES AND WORKS

1 Any building, edifice, wall, fence, or chimney, whether constructed wholly or
partly above or below ground level.

2.Any road, motorway, railway, tramway. cableway. aerial ropeway, or canal.
(Amended 19 ol 1976 32)

3. Any harbour works, dock, pier, sea defence work. or lighthouse.

4. Any aqueduct, viaduct, bridge, or tunnel.

5. Any sewer, sewage disposal works, or filter bed.





6. Any airport or works connected with air navigation.
7. Any dam. reservoir. well. pipeline. culvert. shaft. or reclamation.

8. Any drainage. irrigation. or river control work.
9.Any water, electrical. gas. telephonic. telegraphic, radio, or television installation
or works, or any other works designed for the manufacturing or transmission of
power or the transmission or reception of radio or sound waves.
10.Any structure designed for the support of machinery. plant. or power trans-
mission lines.
(Added, 52 of 1973, s. 6)
Originally 34 of 1955. G.N.A. 102/55. G.N.A. 62/56. 7 of 1959. 42 of 1961. 51 of 1961. 19 of 1963. 10 of 1965. 43 of 1967. 4 of 1969. 72 of 1970. 52 of 1973. 7 of 1976. 19 of 1976. 73 of 1977. 37 of 1978. 55 of 1979. 11 of 1980. 57 of 1980. L.N. 248/82. L.N. 222/83. 37 of 1983. 50 of 1985. Short title. Interpretation. (Cap. 57.) Third Schedule. First Schedule. (Cap. 285.) (Cap. 59, sub. leg.) Second Schedule. (Cap. 57.) Appointment of Commissioner and other officers. Powers of officers. Duty of public officers not to disclose source of complaint, etc. Employment not to be terminated, etc. by reason of fact that employee has given evidence in proceedings under Ordinance, etc. Power of Commissioner for Labour to make regulations, etc. Governor in Council may amend the Schedules. Notification of workplaces. Prohibition notices. Offences and penalties. (50 of 1985.) [*2.8.85.] (50 of 1985.) (50 of 1985.) Power to make orders as to dangerous conditions and practices. Inquiry by chief factory inspector in case of accident. Power of Commissioner or deputy commissioner to hold formal inquiry. Saving. (Cap. 14.) Continuing offences. Liability of proprietor. Liability of directors, partners, etc. Procedure. (Cap. 227.) Presumptions. Prosecution of offences. (Cap. 295, sub. leg.) (Cap. 295.)

Abstract

Originally 34 of 1955. G.N.A. 102/55. G.N.A. 62/56. 7 of 1959. 42 of 1961. 51 of 1961. 19 of 1963. 10 of 1965. 43 of 1967. 4 of 1969. 72 of 1970. 52 of 1973. 7 of 1976. 19 of 1976. 73 of 1977. 37 of 1978. 55 of 1979. 11 of 1980. 57 of 1980. L.N. 248/82. L.N. 222/83. 37 of 1983. 50 of 1985. Short title. Interpretation. (Cap. 57.) Third Schedule. First Schedule. (Cap. 285.) (Cap. 59, sub. leg.) Second Schedule. (Cap. 57.) Appointment of Commissioner and other officers. Powers of officers. Duty of public officers not to disclose source of complaint, etc. Employment not to be terminated, etc. by reason of fact that employee has given evidence in proceedings under Ordinance, etc. Power of Commissioner for Labour to make regulations, etc. Governor in Council may amend the Schedules. Notification of workplaces. Prohibition notices. Offences and penalties. (50 of 1985.) [*2.8.85.] (50 of 1985.) (50 of 1985.) Power to make orders as to dangerous conditions and practices. Inquiry by chief factory inspector in case of accident. Power of Commissioner or deputy commissioner to hold formal inquiry. Saving. (Cap. 14.) Continuing offences. Liability of proprietor. Liability of directors, partners, etc. Procedure. (Cap. 227.) Presumptions. Prosecution of offences. (Cap. 295, sub. leg.) (Cap. 295.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2328

Edition

1964

Volume

v6

Subsequent Cap No.

59

Number of Pages

19
]]>
Tue, 23 Aug 2011 18:05:52 +0800
<![CDATA[EMPLOYMENT OF YOUNG PERSONS AND CHILDREN AT SEA ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2327

Title

EMPLOYMENT OF YOUNG PERSONS AND CHILDREN AT SEA ORDINANCE

Description






LAWS OF HONG KONG

EMPLOYMENT OF YOUNG PERSONS AND CHILDREN
AT SEA ORDINANCE

CHAPTER 58





CHAPTER 58

EMPLOYMENT OF YOUNG PERSONS
AND CHILDREN AT SEA

To regulate the employment of young persons and children at sea.

[1 January 1933.1

1. This Ordinance may be cited as the Employment of
Young Persons and Children at Sea Ordinance.

2. No child under 15 years of age shall be employed or be
caused or permitted to work as a member of the crew of any vessel,
other than a vessel upon which only members of the same family
are so employed: (Amended, 55 of 1979, s. 2)

Provided that nothing in this section shall be construed to
affect the employment or work of any such child who is a pupil
on any school ship or training ship if such employment or work
is approved and, so far as may be, supervised by the Director of
Education.
(Replaced, 9 of 1965, s. 2)

3. The master of every vessel registered or licensed in the
Colony shall keep a register, in a form supplied or approved by
the Director of Marine, of all persons under the age of 16 years
employed by him on board his vessel, or a list of them in the
articles of agreement, and the dates of their births.

4. For the purposes of this Ordinance the term 'vessel'
includes all ships and boats of any nature whatsoever, engaged in
maritime navigation whether publicly or privately owned, except
ships of war.

5. (1) Any person who contravenes any of the provisions
of section 2 commits an offence and is liable to a fine of $10,000.

(2) Any person who contravenes any of the provisions of
section 3 commits an offence and is liable to a fine of $2,000.
(Replaced, 5.5 of 1979, s. 2)
Originally 13 of 1932. (Cap. 58, 1950.) 22 of 1950. 9 of 1965. 55 of 1979. Short title. Restriction on employment on vessels of children under 15. Registers of members or crews who are under 16. Application. Offences and penalties.

Abstract

Originally 13 of 1932. (Cap. 58, 1950.) 22 of 1950. 9 of 1965. 55 of 1979. Short title. Restriction on employment on vessels of children under 15. Registers of members or crews who are under 16. Application. Offences and penalties.

Identifier

https://oelawhk.lib.hku.hk/items/show/2327

Edition

1964

Volume

v6

Subsequent Cap No.

58

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:05:52 +0800
<![CDATA[WOMEN AND YOUNG PERSONS (INDUSTRY) (FORMS) NOTICE]]> https://oelawhk.lib.hku.hk/items/show/2326

Title

WOMEN AND YOUNG PERSONS (INDUSTRY) (FORMS) NOTICE

Description






WOMEN AND YOUNG PERSONS (INDUSTRY) L.N. 167180.
(FORMS) NOTICE

(Regulation 17 of the Women and Young Persons
(Industry) Regulations)

[1 July 1980.]

1. This notice may be cited as the Women and Young Persons Citation.
(Industry) (Forms) Notice.

2. The following Forms specified in the Schedule are pre- Forms. scribed for
the purposes of the principal regulations

(a) Form LD 334 for the purposes of regulation 9.

(b) Form LD 335 for the purposes of regulation 10(4)(a).

(c)Forms LD 336 and LD 336A for the purposes of regulation
10(4)(b).

(d) Form LD 337 for the purposes of regulation 10(9).

(e)Forms LD 338 and LD 338A for the purposes of regulation 16.

Form LD 339 for the purposes of regulation 15(1).





SCHEDULE [para. 2.]





Employment Ordinance (Cap. 57)

OVERTIME NOTICE

Prescribed for the purposed of regulation 10(4)(a) of the Women and Young Persons (Industry) Regulations



Workers to Whom this notice applies ....................................................

Name of undertaking ............................

Address of undertaking
..........................................................



Parts or sets (see Note) ....................


Note: Where authority is given under Regulation 10(9) of the Women and Young Persons (Industry) Regulations to treat different parts of the factory,
or different sets of persons in different processes, as separate for the purpose of overtime, the part or act to which this Notice relates should be clearly indicated.



Part or set ........................

EMPLOYMENT ORDINANCE (CAP. 57)
OVERTIME REGISTER

Precribed for the purposes of regulation 10(4)(b) of the Women and Young Perons (Industry) Regulations.
To be filled in and kept by the employer and procuded to Labour Inspection when required.



Name of undertaking ................................

Address of undertading ..............................

part or set (see footnote) ...........................

EMPLOYMENT ORDINANCE (CAP. 57)
OVERTIME REPORT

Prescribed for the purposes of regulation 10(4)(b) of the Women and Young Presons (Industry) Regulations.
To be filled in and delivered by the employer to reach the Commissioner for Labour before overtime is worked on say day.


Note: Where authority is given under Regulation 10(9) of the Women and Young persons 9Industry) Regulations to treat different parts of
the factory, or different sets of persons in different percesses, as separate for the prupose of overtime, the part or set to which this Report relates should be clearly indicated.

FORM LD 336(8) EMPLOYMENT ORDINANCE (CAP. 57)
OVERTIME REGISTER
(INDIVIDUAL OVERTIME)
Prescribed for the pruposes of regulation 10(4)(b) of the Women and Young Persons (industry) regulations
To be filled in and kept by the employer and produced to Labour Inspectors when required.


Name of undertaking .........................
Address of undertaking ......................
Reference of authority ......................

EMPLOYMENT ORDINANCE (CAP. 57)
OVERTIME REPORT
(INDIVIDUAL OVERTIME)

Prescribed for the purposes of regulation 1094)(b) of the Women and Young Persons (Industry) Regulations.
To be filled in and delivered by the employer to reach the Commissioner for Labour before overtime is worked on any day.




Notice to he kept potted in the
factory while the permission of
the Commissioner for Labour remains in force.

Name of undertaking ...................................
Address of undertaking ................................


EMPLOYMENT ORDINANCE
Chapter 57 of the or Hong Kong

Regulation 10(9) of the Women and Young Persons (Industry) Regulations

NOTICE OF SEPARATION OF DIFFERENT PARTS OF A FACTORY OR SETS OF WOMEN IN DIFFERENT PROCESSES FOR
PURPOSES OF OVERTIME.

I hereby give notice that permission under the above regulation having been obtained from the Commissioner and, being
now in force, employment of women in different parts of this factory or of different sets of women in different processes
indicated below is treated as separate for the purpose of reckoning the amount of overtime permissible under the Women and Young Persons
(Industry) Regulations.

The condition laid down by the Commissioner include the following:

No woman who has been employed in overtime is one of the separate parts of the factory or in one of the separate processes
may be employed in overtime in any other part or in any other process as appropriate in the same calendar year.

THE SEPARATE PARTS OF THE FACTORY OR SETS OF WOMEN IN DIFFERENT PROCESSES ARE AS FOLLOWS-

Signature of Employer or Manager ...............................
Date ...........................................................






FORM LO 338A

EMPLOYMENT ORDINANCE

Chapter 57 of the Laws of Hong Kong
Regulation 16 of the Women and Young Persons (Industry) Regulation

REGISTER OF WOMEN AND YOUNG PERSONS
EMPLOYED IN AN INDUSTRIAL UNDERTAKING

PARTICULARS RELATING TO THE INDUSTRIAL UNDERTAKING

Name under which the industrial undertaking is carried on ...................................................

Registration number if the undertaking is a registrable workplaces ..........................................................

Address at which the industrial undertaking is carried on ..................................

Nature of the industrial undertaking ...........................................................

Name of employer or agent ......................................................................


NOTES

(i) A woman is one who has reached the age of eighteen years.
(ii) Until the expiration of 31st August 1980,
(a) a young person is one whose age is not less than fourteen years and who has not reached the age of eighteen years; and
(b) a child means a person who is under fourteen years of age.

(iii) With effect from 1st September 1980,
(a) a young person is one whose age is not less than fifteen
years and who has not reached the age of eighteen years; and
(b) a child means a person who is under fifteen years of age.

(iv) no child may be employed in an industrial undertaking.

(v) Period of employment includes time allowed for meals and rest.

(vi) No woman or young person may be allowed to work
during a meal or rest interval.

(vii) No woman or young person may be allowed to work on a rest day.

(viii) A specified reast day may not be changed unless the
Commissioner for Labour has been given 48 hours
notice of such change. Except with the written permis-
sion of the Commissioner for Labour, not more than one change may be made in a month.






FORM LO, 338(8)
Section or Department ..................

REGISTER OF WOMAN OR YOUNG PERSON
Shift ..........................

Name . .......................... ............................. Serial number ..................
(in English) (in Chinese)

Residential address . .......................

PHOTO
Identity card number (if any):

Date of birth .

Date of first employment:
WOMAN/YOUNG PERSON

Period of employment in a day,. From to

(Delete whichever is inapplicable)

Intervals for meals and rest in a day: From to

Rest day: ......................specify the day of the week)

Nature of employment ......................................................





EMPLOYMENT ORDINANCE (CAP. 57) FORM Lo 339(S)

NOTICE OF CHANGE OF REST DAY

Prescribed for the purposes of regulation 15(1) of the Women and Young Persons (Industry) Regulations
To be filled in and served on the Commissioner for Labour by the employer.


To the Commissioner for Labour,

I hereby notify you of my intention to change the rest day(s)* of the worker(s)* specified in the first
column of the Schedule who is/are* employed by me in the undertaking named below, in accordance with the second
column of the Schedule.

Name of undertaking ........................................................................ T- ----- 4; a

Address of undretaking .....................................

Schedule


Signature of employer or manager .................................



Name of employer or manager ....................................

(in block letters)

*Delete whichever is inapproporiate

Note: Specify the names of the workers to whom this Notice applies iin this column. If the space provided in the schedule is
insufficient, use a second Notice. If this Notice is to apply to all the workers in teh undertaking, please specify that this
is the case. L.N. 167/80. Citation. Forms.

Abstract

L.N. 167/80. Citation. Forms.

Identifier

https://oelawhk.lib.hku.hk/items/show/2326

Edition

1964

Volume

v6

Subsequent Cap No.

57

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:05:51 +0800
<![CDATA[WOMEN AND YOUNG PERSONS (INDUSTRY) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2325

Title

WOMEN AND YOUNG PERSONS (INDUSTRY) REGULATIONS

Description






WOMEN AND YOUNG PERSONS (INDUSTRY) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation...............................
Page
1. Citation .............................C 2
2. Interpretation .......................C 2

3. Application ..........................C 2
4. Employment in underground work .......C 3
5. Employment of women and young persons under 16 in dangerous trades C 3
6. Carrying of weights by women and young persons C 3
7. Facilities for resting ...............C 4
8. General conditions as to hours of employment of women and young persons C 4
9. Notice fixing hours of employment ....C 4
10.......................................Overtime employment of women C 6
11.......................................Employment on shift work C 8

12...............[Repealed] .......................................................................................... C 8

13.......................................Prohibition of work during meal or rest intervals C 8
14.......................................Rest days C 8
15.......................................Rest day not to be changed without permission of Commissioner C 9
16.......................................Register of women and young persons employed in industrial undertaking C 10
17.......................................Form of notices and registers C10
18.......................................Penalty for contravention of regulation 4 or 5 C 10
19.......................................Penalty for contravention of regulation 8(1), 9, 10, 11(2), 13, 14, 15 or 16 C 11
20.......................................Penalty for contravention of regulation 7 C 11

21. Penalty for contravention......of regulation 6
........................................................ C 11





WOMEN AND YOUNG PERSONS (INDUSTRY) REGULATION
(Cap. 57, section 73)
[1 July 19801

L.N. 86/80 L.N. 387182, L.N. 41188,24 of 1988

Citation

1. These regulations may be cited as the Women and Young Persons

(Industry) Regulations.

Interpretation

2. In these regulations, unless the context otherwise requires-

'employer' includes a proprietor;

'industrial undertaking' has the meaning assigned to it in the Factories and

Industrial Undertakings Ordinance (Cap. 59);

'period of employment' means the period (inclusive of the time allowed for

meals and rest) within which persons may be employed on any day;

,.proprietor' has the meaning assigned to it in the Factories and Industrial

Undertakings Ordinance;

'rest day' means a day of the week on which, under regulation 14(1), a woman

or young person shall not be employed in any industrial undertaking;

'week' means the period between midnight on Saturday night and midnight on

the succeeding Saturday night.,

'woman' means a woman who has attained the age of 18 years;

'working hours' means the time during which persons employed are at the

disposal of the employer, exclusive of any intervals allowed for rest and

meals; and 'hours worked' has a corresponding meaning.

Application

3. (1) These regulations shall not apply to women and young persons

employed in

(a)any industrial undertaking in a clerical or managerial capacity or in any
health or welfare service connected with such industrial undertaking;

(b)any undertaking which is not carried on by way of trade or for the
purposes of gain;

(c) any agricultural operation;





(d)the preparation of food for consumption and sale on the premises
whereon it is prepared. (L.N. 387182)

(2) Part IV of the Ordinance does not apply in relation to women or young
persons to whom these regulations apply. (L.N. 387182)

(3) A woman or young person who works in any industrial undertaking,
whether for wages or not, either in a process or in cleaning any part of the premises
used for any process, or in cleaning or oiling any part of the machinery or plant or in
any other kind of work whatsoever incidental to or connected with the process, or
connected with the article made or otherwise the subject of the process therein,
shall, save as may otherwise be provided by these regulations, be deemed to be
employed therein for the purposes of these regulations or of any proceedings
thereunder:

Provided that any woman or young person employed

(a)solely in cleaning the premises or any part thereof of such industrial
undertaking, otherwise than in cleaning which is incidental to or
connected with any process; or

(b) solely as a caretaker in such premises,

shall not be deemed for the purposes of these regulations to be employed in such
undertaking.

(4) The application of these regulations to young persons who are registered
apprentices under the Apprenticeship Ordinance (Cap. 47) and their employers shall
be subject to any specific provisions to the contrary in that Ordinance.

Employment in underground work

4. No person shall employ any woman or young person on underground work
in any mine or quarry, or in any other industrial undertaking involving a tunnelling
operation.

Employment of women and young persons under 16 in
dangerous trades

5. (1) Except with the written permission of the Commissioner, no person shall
employ any female person of whatever age or any male young person under 16
years of age in any dangerous trade.

(2) In paragraph (1), 'dangerous trade- has the meaning assigned to it in the
Factories and Industrial Undertakings Ordinance (Cap. 59).

Carrying of weights by women and young persons

6. No woman or young person employed in any industrial undertaking shall be
permitted to carry any load which is unreasonably heavy having regard to the age
and physical development of such woman or young person; and in the case of a
young person under the age of 16 years, such load shall not in any event exceed 18
kg in weight.





Facilities for resting

7. In any industrial undertaking in which women or young persons are
employed, the employer shall provide (if practicable, having regard of the layout of
the premises in question) and maintain for the use of all such women and young
persons, whose work is done standing, suitable facilities for sitting sufficient to
enable them to take advantage of any opportunities for resting which may occur in
the course of their employment.

General conditions as to hours of employment of women
and young persons

8. (1) Subject to these regulations, no employer shall employ any woman or
young person in any industrial undertaking unless the working hours, the period of
employment and the intervals for meals and rest for such woman or young person
conform to the following conditions, namely

(a)the total hours worked shall neither exceed 8 in any day nor exceed 48 in
any week;

(b) the period of employment shall-

(i) [Repealed, L.N. 411881

(ii) in the case of a young person, not exceed 10 hours in any day and
shall neither begin earlier than 7 a.m. nor end later than 7 p.m.; and

(iii) in the case of a woman, not exceed 10 hours in any day and shall
neither begin earlier than 6 a.m. nor end later than 11 p.m.;

(c)no woman or young person shall be required or permitted to work
continuously for a spell of more than 5 hours without thereafter an interval
of not less than half an hour for a meal or rest;

(d)except with the permission in writing of the Commissioner, the period of
employment and the intervals allowed for meals and rest in accordance with
this regulation shall be the same for all women and young persons
employed in such industrial undertaking.

(1A) Notwithstanding paragraph (1)(a), the total hours worked by a woman or
young person in an industrial undertaking may, by agreement between the employer
and the woman or young person concerned, exceed 8 on one or more days in any
week or 48 in any week:

Provided that the total hours worked by the woman or young person in that
week and the next following week do not exceed 96. (L.N. 41188)

(2) ----- For the purposes of this regulation, work shall be deemed to be
continuous unless interrupted by an interval of at least half an hour.

(L.N. 41188)

Notice fixing hours of employment

9. (1) No employer shall employ any woman or young person in an industrial
undertaking unless there is conspicuously posted up at a place which is
conveniently accessible to the persons employed in the industrial undertaking a
notice





(a)fixing within the limits prescribed in regulation 8 and, in the case of shift
work, regulation 11, the period of employment for each day of the week for
women and young persons employed in the industrial undertaking;

(b)fixing within the limits prescribed in regulation 8 and, in the case of shift
work, regulation 11, the intervals allowed for meals and rest for women and
young persons employed in the industrial undertaking; and

(c)specifying the rest day on which women and young persons shall not be
employed in the industrial undertaking or, if the rest day is not the same
for every woman or young person so employed, specifying that fact.

(2) Different periods of employment and different intervals for meals or rest
may be fixed for different days of the week.

(3) No employer shall change, or cause or permit to be changed, any period of
employment or interval for meals or rest fixed by notice posted up under paragraph
(1), or fixed by a notice deemed, by virtue of this paragraph, to have been posted up
under paragraph (1), unless, not less than 48 hours before any change of any such
period of employment or any such interval for meals or rest is to come into
operation, he has served on the Commissioner a notice in writing of intention to
make such change and has posted up, in the manner prescribed by paragraph (1), a
notice in the form prescribed for the purposes of that paragraph, which shall, in
addition to specifying the new period of employment or new interval for meals or
rest, or both, as the case may be, and the other matters required by paragraph (1),
specify the date on which such change is to commence, and, upon the coming into
operation of such change, the notice posted up in accordance with this paragraph
shall be deemed to have been posted up under paragraph (I):

Provided that no such change shall, in any event, be made more often than
once in every 3 months, unless for special cause allowed in writing by the
Commissioner.

(4) A copy signed by the employer or by his duly authorized agent of any
notice posted up under paragraph (1) shall be sent not later than the day of posting
up to the Commissioner.

(5) Subject to the provisions of these regulations with respect to overtime, no
woman or young person shall be employed otherwise than in accordance with the
period of employment fixed in a notice posted up under paragraph (1).

(6) Any document purporting to be a copy of a notice posted up under
paragraph (1) and purporting to be signed by the employer or his duly authorized
agent shall be admitted in evidence in proceedings before any court on its
production by a public officer without further proof, and

(a)until the contrary is proved, the court before which such document is
produced shall presume

(i) that the document is a true copy of a notice posted up under
paragraph (1); and





(ii) that the document is signed by the employer or his duly authorized
agent; and

(b) the document shall be conclusive evidence of-

(i) the period of employment fixed by the employer for women and
young persons in the industrial. undertaking;

(ii) the intervals allowed to such women and young persons for meals
or rest fixed by the employer;

(iii) the rest day of such women and young persons.

Overtime employment of women

10. (1) Notwithstanding the provisions of these regulations relating to hours of
work and periods of employment, women may be employed overtime in any
industrial undertaking in accordance with this regulation.

(2) The overtime employment of women for the industrial undertaking shall not
exceed in the aggregate, calculated in accordance with paragraph (1 (11)(b), 200
hours in any year or 2 hours in any day. (L.N. 41188)

(3) The overtime employment of a woman shall be subject to the following
conditions

(a)the total hours worked by the woman shall not exceed 10 in any day; and

(b)the period of employment for the woman shall not exceed 12 hours in any
day and shall not extend outside the hours specified for women in
regulation 8 for the beginning and ending of the period of employment.
(L.N. 41188)

(4) Before employing in any industrial undertaking any woman in overtime on
any day, the employer shall

(a)cause a notice containing particulars of the hours of work and the
intervals for meals or rest applicable to those women to be employed
overtime to be posted up and kept conspicuously posted up at a place
conveniently accessible to such women in the industrial undertaking until
completion of such overtime; and

(b)if any part of the overtime to be worked will be in excess of the working
hours specified in regulation 8(1)(a) or agreed under regulation 8(1A),
deliver to reach the Commissioner and enter into a register, in the
appropriate prescribed form, to be kept by the employer for such purpose,
particulars of such overtime employment including particulars of any
interval for a meal or rest allowed under paragraph (5). (L.N. 41188)

(5) Where in any industrial undertaking an employer allows any women who are
to be employed overtime on any day an interval for a meal or rest in addition to any
interval fixed for the day by a notice posted up under regulation 9 he may employ
during that interval any women who are not to be employed overtime on that day,
but save as aforesaid the provisions of these regulations relating to continuous
employment and intervals for meals or rest shall apply to overtime employment in
like manner as they apply to other employment.





(6) If the Commissioner is satisfied that overtime employment in any industrial
undertaking of women, in accordance with this regulation, in any process will
prejudicially affect the health of such women, or any class of them, he may by notice
in writing served upon the employer either prohibit the overtime employment in that
process of such women, or such class of them, or make such further restrictions as
to the amount of such overtime employment or otherwise as he thinks fit.

(7) Where the Commissioner is satisfied that work in any class or description of
industrial undertaking is subject to seasonal or other special pressure, he may by
order published in the Gazette as respects any class or description of industrial
undertaking

(a)increase for women, employed in any specified process, during any period
of such pressure, the hours of work and the period of employment allowed
in a day under this regulation; but the increase shall only take place in
such number of weeks, not exceeding 8 in any year, as may be specified in
the order;

(b)increase the hours of overtime employment allowed for an industrial
undertaking under this regulation in a year to an aggregate not exceeding
350 hours.

(8) The Commissioner may authorize in writing the increase of the aggregate
number of hours of overtime employment allowed for an industrial undertaking
under this regulation if he is satisfied that the increase is necessary by reason of
unforeseen pressure of work due to sudden orders, or by reason of a breakdown of
machinery or plant or other unforeseen emergency.

(9) For the purposes of this regulation, the employment of women in different
parts of any industrial undertaking or the employment of different sets of women in
different processes may, where the employer has served notice in writing on the
Commissioner of his wish to have such employment so treated and subject to such
conditions as may be imposed by the Commissioner by notice in writing served on
the employer, be treated, for the purpose of reckoning hours of overtime
employment, as if it were employment in different undertakings. (L.N. 41188)

(10) Where an employer of women in an industrial undertaking has served
notice in writing on the Commissioner that the provisions of this regulation limiting
overtime employment by reference to the industrial undertaking are unreasonable or
inappropriate, such employer may, in lieu of complying with the said provisions,
comply with such conditions limiting overtime employment by reference to the
individual woman as may be imposed by the Commissioner by notice in writing
served on the employer. (L.N. 41188)

(I0A) Notwithstanding paragraph (10) no woman may be employed overtime in
an industrial undertaking for more than 200 hours in any year or 2 hours in any day.
(L.N. 41188)

(IOB) Where the Commissioner is satisfied that any condition referred to in a
notice in writing served by him on an employer under paragraph (9) or (10) has not
been complied with, he may by further notice in writing served on the employer
require the hours of overtime employment allowed for the industrial





undertaking under this regulation to be reckoned during the year in which such non-
compliance occurs by reference to the individual undertaking, as if the method of
reckoning overtime employment permitted by paragraph (9) or (10), as the case may
be, had not been adopted during any part of that year. (L.N. 41188)

(11) For the purposes of this regulation-

(a)the expression 'overtime employment' means, in relation to any woman,
any period during which that woman is at work in the industrial
undertaking outside the period of employment fixed for the day for that
woman by a notice under regulation 9;

(b)in reckoning the aggregate hours of overtime employment, account shall
be taken only of any period during which any woman is employed in that
industrial undertaking beyond the maximum hours prescribed in regulation
8(1)(a) or agreed under regulation 8(1A). (L.N. 41188)

Employment on shift work

11. (1) Wherein any industrial undertaking young persons of or over the age of
16 are employed on a scheme of shift work, the provisions of regulation 8(1)(b)(ii)
may, subject to this regulation and to the prior approval in writing of such scheme
by the Commissioner, be read as though 11 p.m. were substituted for 7 p.m. (L.N.
41188)

(2) No employer shall employ any woman or young person of or over the age of
16 in an industrial undertaking on any scheme of shift work involving work between,
in the case of such young person, 7 p.m. or, in the case of such woman, 8 p.m. and
11 p.m., unless the following conditions are complied with

(a)such shift work is carried on only in a building approved in writing by the
Commissioner;

(b)a suitable room in which no industrial process is carried on and which has
been approved in writing by the Commissioner is provided and equipped
for use as a dining and rest room.

(c) [Repealed, L.N. 41188]

12. [Repealed, L.N. 411881

Prohibition of work during meal or rest intervals

13. No employer shall require or permit a woman or young person to work in an
industrial undertaking during any part of an interval allowed to such woman or
young person for a meal or rest under regulation 8.

Rest days

14. (1) Subject to regulation 15 and notwithstanding anything contained in
these regulations, no employer shall employ in an industrial undertaking any
woman or young person





(a) on any day of the week-

(i) specified in a notice posted up under regulation 9(1)(c) if that day is
the same for every woman or young person employed therein; or

(ii) specified in a register maintained under regulation 16(2)(h) if that
day is not the same for every woman or young person employed therein;
or

(b) if the day of the week-

(i) specified in a notice posted up under regulation 9(1)(c); or

(ii) specified in a register maintained under regulation 16(2)(h),

has been changed in accordance with a notice under regulation 15(1), on
the day of the week specified in that notice; or

(c)if the Commissioner has, under regulation 15(2), permitted the day of the
week

(i) specified in a notice posted up under regulation 9(1)(e); or

(ii) specified in a register maintained under regulation 16(2)(h), to be
changed to another day of the week, on the day so substituted.

(2) No employer shall employ in an industrial undertaking any woman or
young person on more than 6 days in any week.

(3) Rest days shall be in addition to any statutory holiday or alternative holiday
or substituted holiday, to which an employee is entitled under section 39 of the
Ordinance.

Rest day not to he changed without permission of
Commissioner

15. (1) No employer shall change, or cause or permit to be changed, the rest day
of a woman or young person employed by him. in an industrial undertaking unless,
not less than 48 hours before such change is to come into operation, he has served
on the Commissioner a notice in writing of the intention to make such change.

(2) No employer shall change, or cause or permit to be changed, more often
than once in every month the rest day of a woman or young person unless for
special reasons the Commissioner permits him in writing to do so.

(3) Where, in the course of one month, the rest day of a woman or young
person

(a)is changed in accordance with a notice served under paragraph (1); and

(b)in the week immediately following such change, is changed back to the
day previously specified,

the change back shall, for the purposes of paragraph (2) of this regulation, be
deemed not to constitute a change.





Register of women and young persons employed in industrial
undertaking

16. (1) Every employer of women or young persons in an industrial undertaking
shall maintain or cause to be maintained therein a register in accordance with this
regulation:

Provided that the Commissioner may exempt any such employer from keeping
the whole or part of such a register if all women and young persons employed in the
industrial undertaking rest on the same day.

(2) The register shall in respect of every woman or young person employed in
the industrial undertaking

(a) specify his or her name; (L.N. 41188)

(b)specify the number of his or her identity card, if any, issued under the
Registration of Persons Ordinance (Cap. 177);

(c) specify his or her date of birth;

(d) [Repealed, L.N. 41188]

(e)specify the date on which he or she first commenced to work in the
industrial undertaking;

specify the period of employment of the woman or young person for each
day of the week as fixed by the notice posted up under regulation 9(1)

(g)specify the intervals allowed for meals and rest for the woman or young
person as fixed by the notice posted up under regulation 9(1);

(h) specify his or her rest day; and

(i)specify the nature of his or her employment, the section or part of the
industrial undertaking in which he or she is employed and (where
applicable) the shift on which he or she is required to work, (L.N. 41188)

and shall also specify such particulars as may be prescribed under regulation 17,
being particulars required in order to assist the Commissioner to ascertain whether
or not the provisions of regulation 8, 9, 10, 11 or 14 are being or have been complied
with.

(3) At the request of any woman or young person employed in an industrial
undertaking, the employer shall produce for inspection by that woman or young
person the entry in the register specifying his or her rest day.

Form of notices and registers

17. For the purposes of regulations 9, 10, 15 and 16, the Commissioner may
prescribe by notification in the Gazette the form in which notices must be posted
up, given or served or registers kept.

Penalty for contravention of regulation 4 or 5

18. Any person who contravenes regulation 4 or 5 commits an offence and is
liable to a fine of $20,000.

(24 of 1988, s. 5)





Penalty for contravention of regulation 8(1), 9, 10, 11(2),
13, 14, 15 or 16

19. The employer of women or young persons in an industrial under-
taking-

(a) who contravenes regulation 15 or 16; or

(b)in respect of which regulation 8(1), 9, 10, 11(2), 13 or 14 is con-
travened,

commits an offence and is liable to a fine of $10,000.
(24 of 1988, s. 5)

Penalty for contravention of regulation 7

20. The employer of women or young persons in an industrial under-
taking who contravenes regulation 7 commits an offence and is liable to a fine
of $5,000.
(L.N. 41188; 24 of 1988, s. 5)

Penalty for contravention of regulation 6

21. The employer of women or young persons in an industrial under-
taking in which any person is permitted to do anything in contravention of any
of the provisions of regulation 6 commits an offence and is liable to a fine of
$5,000.
(24 of 1988, s. 5)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2325

Edition

1964

Volume

v6

Subsequent Cap No.

57

Number of Pages

11
]]>
Tue, 23 Aug 2011 18:05:51 +0800
<![CDATA[EMPLOYMENT OF CHILDREN REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2324

Title

EMPLOYMENT OF CHILDREN REGULATIONS

Description






EMPLOYMENT OF CHILDREN REGULATIONS

(Cap. 57, section 73)

[1 September 1979.1

1. These regulations may be cited as the Employment of Children
Regulations.

2. In these regulations, unless the context otherwise requires

'day' means a period of 24 hours beginning and ending at midnight;

,employer'' or 'person' includes a proprietor;

'industrial undertaking- has the meaning assigned to it in the Factories
and Industrial Undertakings Ordinance;

'parent' in relation to a child, includes a guardian and the person
having actual custody of the child;

'proprietor' has the meaning assigned to it in the Factories and
Industrial Undertakings Ordinance;

'secondary education' has the meaning assigned to it in the Education
Ordinance;

',school', in relation to a child, means a primary or secondary school
within the meaning of the Education Ordinance and at which the
child is a pupil at the relevant time;

'school attendance certificate' means a certificate, in a form specified
by the Director of Education, issued by the principal of a school,
certifying that the child to whom it relates is attending at the
school;

'week' means the period between midnight on Saturday night and
midnight on the succeeding Saturday night.

3. (1) The provisions of sections 18(5), 19(2) and (3) and 20 of the
Ordinance do not apply in relation to children employed under these
regulations.

(2) These regulations do not apply in relation to children who are
registered apprentices under the Apprenticeship Ordinance.

(3) A child who works in an industrial undertaking or other place of
employment, whether for wages or not, either in a process, trade or
business or in cleaning any part of the industrial undertaking or other
place of employment used for any process, trade or business or in any
other kind of work whatsoever incidental to or connected with the
process, trade or business shall be deemed to be employed therein for
the purposes of these regulations or of any proceedings thereunder.





(4) For the avoidance of doubt it is hereby declared that these
regulations are not in derogation of any other enactment which relates
to the prohibition or control of the employment of children.

4. (1) No person shall employ a child, or cause or permit a child to
be employed

(a) who is under the age of 13 years; or

(b) in any industrial undertaking.

(2) The prohibition in paragraph (1)(b) extends to an
industrial undertaking (other than a registered school under the
Education Ordinance) which is not carried on by way of trade or for the
purposes of gain.

5. (1) Subject to regulation 4(1)(b) and to paragraph (2), a
child who has completed Form III of secondary education shall not be
employed unless

(a) he has attained the age of 13 years; and

(b) his parent-

(i) can produce, to the satisfaction of the person intending
to employ the child, evidence that he has completed Form 111
of secondary education; and

(ii) has consented in writing to the employment.

(2) No child referred to in paragraph (1) shall be employed-

(a) before 7 a.m. or after 7 p.m. on any day;

(b) for more than 8 hours on any day;

(c)at work continuously for a spell of more than 5 hours without
thereafter an interval of not less than 1 hour for a meal or rest;
or

(d)to lift or carry any load exceeding 18 kg in the course of or in
connexion with the employment.

6. (1) Subject to regulation 4(1)(b) and to paragraph (2), a
child who has not completed Form III of secondary education shall not
be employed unless

(a) he has attained the age of 13 years; and

(b) his parent-

(i) can produce, to the satisfaction of the person intending
to employ the child, a valid school attendance certificate
relating to that child; and

(ii) has consented in writing to the employment.

(2) No child referred to in paragraph (1) shall be employed-

(a) in any occupation specified in the Schedule;

(b) before 7 a.m. or after 7 p.m. on any day;





(c) during school hours on any school day;

(d) during the school term for more than
(i) 2 hours on any school day; or

(ii) 4 hours on any other day;

(e)during the summer holidays for more than 8 hours on any day;

at work continuously for a spell of more than 5 hours without
thereafter an interval of not less than 1 hour for a meal or rest;
or

(g)to lift or carry any load exceeding 18 kg in the course of or in
connexion with the employment.

(3) In paragraph (2)-

-school day' means any day during a school term

(a) which is not a public holiday or a school holiday; or

(b)on which for any other reason a school is closed for the
purposes of education;

',school hours' means the period in the school day of a school during
which instruction is given to pupils including any periods allowed
for a meal or rest,

',school term- means the period commencing in any year on the day in
September on which the school opens for the purposes of
education and ending on the commencement of the summer
holidays in the next following year;

'summer holidays- means the period between school terms.

7. Every employer of a child shall in respect of-

(a) each of such employees; or

(b) any class of them,

keep records in such form as may be specified under section 49(1) of the
Ordinance for the purposes of these regulations.

8. The Commissioner, or any public officer authorized in writing by
him for the purpose, may require the employer of a child to

(a) produce-

(i) the written consent of the parent to the employment of
the child; and

(ii) where appropriate, evidence that the child has completed
Form III of secondary education or a valid school attendance
certificate or a copy thereof;

(b)arrange for the medical examination of the child, at such times
as may be specified by the Commissioner;

(c)produce in respect of the child a medical certificate of fitness
signed by a medical practitioner.





9. (1) Any person who contravenes regulation 4(1)(a) or (b)
commits an offence and is liable to a fine of $10,000.

(2) Any person who employs a child or causes or permits a
child to be employed in contravention of regulation 5 or 6 commits
an offence and is liable to a fine $5,000.

(3) A Any person who
(a) contravenes any of the provisions of regulation 7; or

(b) fails to comply with a requirement made by any officer
under regulation 8,
commits an offence and is liable to a fine of $2,000.

10. The Governor may, by order, amend the Schedule.

SCHEDULE [regs. 6(2)(a)&10.]

Prohibited Occupations

1. In any premises or place where intoxicating liquor is sold and consumed.

2.Without prejudice to regulation 15 of the Public Cleansing and Prevention of
Nuisances (New Territories) Regulations and to by-law 15 of the Public
Cleansing and Prevention of Nuisances By-laws, in the handling for gain or
profit of any refuse in any public place.

3.In the handling or delivery of any dangerous goods to which section 3 of the
Dangerous Goods Ordinance applies.

4.At any machine which, by reason of its cutting, grinding, rolling, pressing,
crushing or similar action, is dangerous.

5. In any of the following premises or places, that is to say-

(a)any dance hall, billiard saloon, mahjong, tin kau or gambling establishment;
or

(b)any premises or places at which any totalizator or pari-mutuel betting.
cash sweep or lottery is organized or conducted.

6.In any place of public entertainment except in connexion with a stage
performance the net profits (if any) of which are devoted to purposes other
than the private gain or profit of the promoters of the performance.

7.In the kitchen of any hotel, boarding house, cooked food shop, cafe, restaurant
or any establishment of a similar kind.

8. In outside window-cleaning at more than 3 m above ground level.

9.In any abattoir or slaughter house, within the curtilage of any abattoir or
slaughter house or in any premises used in connexion therewith.

10. In any hair-dressing saloon or massage parlour.
L.N. 195/79. L.N. 84/80. Citation. Interpretation. L.N. 84/80. (Cap. 59.) (Cap. 279.) Application. (Cap. 47.) L.N. 84/80. General prohibition of employment of children. L.N. 84/80. (Cap. 279.) Children who have attained 13 years and completed Form III of secondary education. Children who have attained 13 years but not completed Form III of secondary eduction. Schedule. Records to be kept by employers. Requirements as to certificates, medical examination etc. Offences and penalties. Amendment of Schedule. (Cap. 132, sub. leg.) (Cap. 295.)

Abstract

L.N. 195/79. L.N. 84/80. Citation. Interpretation. L.N. 84/80. (Cap. 59.) (Cap. 279.) Application. (Cap. 47.) L.N. 84/80. General prohibition of employment of children. L.N. 84/80. (Cap. 279.) Children who have attained 13 years and completed Form III of secondary education. Children who have attained 13 years but not completed Form III of secondary eduction. Schedule. Records to be kept by employers. Requirements as to certificates, medical examination etc. Offences and penalties. Amendment of Schedule. (Cap. 132, sub. leg.) (Cap. 295.)

Identifier

https://oelawhk.lib.hku.hk/items/show/2324

Edition

1964

Volume

v6

Subsequent Cap No.

57

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:05:50 +0800
<![CDATA[EMPLOYMENT AGENCY REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2323

Title

EMPLOYMENT AGENCY REGULATIONS

Description






EMPLOYMENT AGENCY REGULATIONS

ARRANGEMENT OF REGULATIONS
Regulation Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... A 2
2. Applications for the issue or renewal of licences ... ... ... ... ... ... A2
3. Licence fees ... ... ... ... ... ... ... ... ... .. ... ----- ----- A 2
4. Form of licences ... ... ... ... ... ... ... ... ... ... ... ... A 2
5. Display of licence ... ... ... ... ... ... ... ... ... ... ... ... A 3
6. Prohibited use of licences ... ... ... ... ... ... ... ... ... ... ... A 3
7. Company as licensee ... ... ... ... ... ... ... ... ... ... ... ... A 3
8. Notification of cessation of business of employment agency ... ... ... A 3
9. Notification of change of place of business of employment agency ... ... A
3
10. Maximum fees and commission ... ... ... ... ... ... ... ... ... A 3

11. Registers required to be maintained and kept ... ... ... ... ... ... A 4

12. Return to be submitted to the Commissioner ... ... ... ... ... ... A 4

13. Application for exemption ... ... ... ... ... ... ... ... ... ... A4

14. Form of certificate of exemption ... ... ... ... ... ... ... ... ... A 5
15.Application of regulations 5, 6, 7, 8, 9, 11 and 12 to holders of certificates
of exemption ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
16. Publication of particulars ... ... ... ... ... ... ... ... A 5
17. Offences ... ... ... ... ... ... ... ... ... ... ... ... A 5

First Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
Second Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 9
Third Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... All
Fourth Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 13





EMPLOYMENT AGENCY REGULATIONS

(Cap. 57, section 62)

[1st January, 1974.1

1. These regulations may be cited as the Employment Agency
Regulations.

2. (1) An application for the issue or renewal of a licence under
section 52 of the Ordinance shall

(a)be in writing in such form as the Commissioner may determine;

(b) specify-

(i) whether the employment agency to which it relates
operates, or is intended to be operated, for the purpose of
obtaining for persons employment within or outside Hong
Kong;

(ii) the place, or intended place, of business of the
employment agency;

(iii) such other particulars of the applicant and the
employment agency as the Commissioner may require to be
furnished to him; and

(c)be submitted to the Commissioner at such place and during
such business hours as the Commissioner may determine.

(2) An application for the issue of a licence shall be submitted to
the Commissioner, together with two recent identical photographs of the
applicant, not later than one month before the applicant intends to
commence business.

(3) An application for the renewal of a licence shall be submitted to
the Commissioner not later than two months before the expiration
thereof.

3. (1) A licence fee of one hundred dollars shall be payable on
each application for the issue or renewal of a licence.

(2) No refund of a licence fee shall be made by the Government if
the licence in respect of which it is paid is revoked by the Commissioner.

4. (1) A licence to operate an employment agency for the purpose
of obtaining employment within Hong Kong shall be issued by the
Commissioner in Form 1 of the First Schedule.

(2) A licence to operate an employment agency for the purpose of
obtaining employment outside Hong Kong shall be issued by the
Commissioner in Form 2 of the First Schedule.





5. A licensee shall cause his licence to be displayed at all times
in a conspicuous position at the place of business of the employment
agency to which the licence relates.

6. (1) No person other than the licensee shall use or make
use of, directly or indirectly, a licence.

(2) A licensee shall not lend, transfer or assign his licence to
another person.

7. (1) A company to which a licence is issued shall notify
the Commissioner in writing of the name of the person appointed
by the company to operate, manage, or assist in the management of,
the employment agency to which the licence relates.

(2) A company to which a licence is issued shall, within four-
teen days after any change in the management of its employment
agency, notify the Commissioner in writing full particulars of the
change.

8. (1) When an employment agency ceases to operate as a
business the licensee shall, within seven days-
(a)notify the Commissioner in writing that the employment
agency has ceased to operate as a business; and
(b) deliver his licence to the Commissioner.

(2) On receipt of a notification and licence under paragraph
(1) the Commissioner shall cancel the licence.

9. (1) If a licensee wishes to change the place of business of
his employment agency he shall, not less than fourteen days before
the change-
(a)notify the Commissioner in writing full particulars of the
change; and
(b) submit his licence to the Commissioner.

(2) On receipt of a notification and licence under paragraph
(1) the Commissioner shall-
(a)endorse the change of address of the employment agency
on the licence; and
(b) return the licence to the licensee.

10. (1) The maximum fee which may be charged and received
by a licensee in connexion with the employment of any person shall
be that set out in Part 1 of the Second Schedule.

(2) The maximum commission which may be charged and
received by a licensee in connexion with the employment of any
person shall be that set out in Part II of the Second Schedule.





(3) A licensee shall cause Parts 1 and 11 of the Second Schedule,
written both in English and in Chinese characters, to be displayed at all
times in a conspicuous position at the place of business of his
employment agency.

11. (1) A licensee shall maintain in accordance with paragraph (2),
and keep available for inspection at all times at the place of business of
his employment agency

(a)a register in the form set out in Form 1 of the Third Schedule
showing particulars of every person who applies to his
employment agency for employment; and

(b)a register in the form set out in Form 2 of the Third Schedule
showing particulars of every person who applies to his
employment agency for the procurement of employees for his
service.

(2) Separate registers shall be maintained in respect 'of employment
within Hong Kong and outside Hong Kong.

12. (1) A licensee shall submit to the Commissioner within fourteen
days after the 1st April, the 1st July, the 1st October and the 1st January
of each year a return covering the preceding three months in the form
set out in the Fourth Schedule.

(2) A return referred to in paragraph (1) shall-

(a)show clearly whether it relates to employment within or
outside Hong Kong; and

(b)be submitted to the Commissioner at such place and during
such business hours as the Commissioner may determine.

13. An application for the exemption of an employment agency from
the provisions of Part XII of the Ordinance shall

(a)be in writing in such form as the Commissioner may determine;

(b) specify-

(i) the place, or intended place, of business of the
employment agency; and

(ii) such other particulars of the applicant and the
employment agency as the Commissioner may req~uire to be
furnished to him; and

(c)be submitted to the Commissioner at such place and during
such business hours as the Commissioner may determine.

14. (1) A certificate of exemption in the form set out in Form 3 of the
First Schedule shall be issued to a person to whom the Commissioner
grants exemption under section 54 of the Ordinance.

(2) Where the Commissioner grants an exemption subject to any
conditions, such conditions shall be shown in the certificate of
exemption issued under paragraph (1).





15. Regulations 5, 6, 7, 8, 9, 11 and 12 shall apply in the case of a
person to whom the Commissioner grants exemption under section 54 of
the Ordinance as if any reference in these regulations

(a) to a licence were to a certificate of exemption;

(b)to a licensee were to a holder of certificate of exemption; and

(c)to a licensed employment agency were to an employment
agency exempted under section 54 of the Ordinance.

16. The Commissioner shall at least once a year publish in the

Gazette

(a)the name of each person to whom a licence or a certificate of
exemption has been issued;

(b)particulars of all licences which the Commissioner has revoked
or has refused to renew; and

(c) such other particulars as the Commissioner may determine.

17. (1) Any licensee who contravenes regulation 5 or 10(3) shall be
guilty of an offence and shall be liable on conviction to a fine of
two thousand dollars.

(2) Any person who contravenes regulation 6(1) or (2) shall
be of an offence and shall be liable on conviction to a fine
of two thousand dollars.

(3) Any licensee who contravenes regulation 7(1) or (2), 8(1) or 9(1)
shall be guilty of an offence and shall be liable on conviction
to a fine of two thousand dollars.

FIRST SCHEDULE

FORM 1 [reg. 4(1).]

Licence No . ..............................

EMPLOYMENT
ORDINANCE

(Chapter 57)

EMPLOYMENT AGENCY REGULATIONS

LICENCE TO OPERATE AN EMPLOYMENT AGENCY FOP OR IN
CONNEXION
WITH THE EMPLOYMENT OF PERSONS WITHIN HONG KONG

1. Mr./Miss/Mrs. . .................Chinese characters


(if applicable) .......................whose photograph is

attached hereto, is hereby licensed to operate an employment agency known

as ....................................Chinese characters






(if applicable) .....at


for or in connexion with the employment of persons in Hong Kong.

2. This licence is issued subject to the provisions of the Employment

Ordinance (Chapter 57) and all regulations made thereunder.

3. This licence is valid for the period of twelve months after the date

of issue hereof and shall expire on the day of

19 .........

Photograph of
Licensee.

Commissioner of
Labour.

Date of Issue .......................................


Note: This licence must be displayed at all times in a conspicuous position
at the place of business specified in paragraph 1 of this licence.

FROM 2 [reg. 4(2).]

Licence No . ..............................

EMPLOYMENT ORDINANCE
(Chapter 57)

EMPLOYMENT AGENCY REGULATIONS

LICENCE TO OPERATE AN EMPLOYMENT AGENCY FOR OR IN CONNEXION
WITH THE EMPLOYMENT OF PERSONS OUTSIDE HONG KONG






1. Mr./Miss/Mrs . ...................Chinese characters


(if applicable) .......................whose photograph is

attached hereto, is hereby licensed to operate an employment agency known

as ....................................Chinese characters

(if applicable) .....at

for or in connexion with employment of persons outside Hong Kong.

2. Ibis licence is issued subject to the provisions of the Employment

Ordinance (Chapter 57) and all regulations made thereunder.

3. This licence is valid for the period of twelve months after the date
of issue hereof and shall expire on the day of
19


Photograph of
Licensee.

. .............. -----

Commissioner of
Labour.


Date of Issue.......................................

Note: This licence must be displayed at all times in a conspicuous position
at the place of business specified in paragraph 1 of this licence.





FORM 3 [reg. 14.]

EMPLOYMENT
ORDINANCE


(Chapter 57)

EMPLOYMENT AGENCY REGULATIONS
CERTIFICATE OF
EXEMPTION

I, Mr./Miss/Mrs....................... Chinese characters

(if applicable) .......................whose photograph is

attached hereto, is hereby exempted from obtaining a licence under section 52

of the Employment Ordinance (Chapter 57) to operate an employment agency
known as ..............................Chinese characters

(if applicable) at
for or in connexion with the employment of persons in Hong Kong.

2. This certificate is issued subject to-

(a) the provisions of the Employment Ordinance (Chapter 57) and all
regulations made thereunder; and
(b) the following special conditions-

Photograph of Holder
of Certificate.





.............. Commissioner -----

of Labour.

Date of Issue .......................................

Note:This certificate must be displayed at all times at the place of business
specified in paragraph 1 hereof.

SECOND SCHEDULE [reg. 10.]

PART 1

MAXIMUM FEES WHICH MAY BE RECEIVED BY AN
EMPLOYMENT AGENCY

1. From each person applying
to the employment agency for employ-
ment, work or contract or hire of his
services-
(a) on first registration with the

employment agency $3.00 per applicant.

(b) on renewal of such registra-
tion not lessthan three

months after the date of first

registration or last renewal of
registration ....$3.00 per applicant.

2. From each person applying to
the employment agency for the procure-
ment of any employee for his service-

(a) on first registration with the
employment agency .............. $10.00 for each class or type of
vacancy registered.





(b) on renewal of such registra-

tion not less than three
months after the date of first
registration or last
renewal of

registration ..... $5.00 for each class or type of
vacancy re-registered.

3. No fee for renewal of registra-

tion under sub-paragraph (b) of para-

graph 1 hereof or sub-paragraph (b) of
paragraph 2 hereof more frequently than
once every three months.

PART II

MAXIMUM COMMISSIONS WHICH MAY BE RECEIVED BY AN
EMPLOYMENT AGENCY


The maximum commission which may be received by an employment
agency shall be-

(a) from each person applying to the employment agency for employ-
ment, work or contract or hire of his services, an amount not exceed-
ing a sum equal to ten per cent of the first month's wages received
by such person after he has been placed in employment by the
employment agency;
(b) from each person applying to the employment agency for the procure-
ment of any employee for his service, such amount as may be agreed
upon by such person and the person who operates the employment
agency.





THIRD SCHEDULE
[reg. 1
FORM 1

REGISTER OF APPLICANTS FOR EMPLOYMENT WITHIN/OUTSIDE HONG KONG






FORM 2 [reg. 11.]


REGISTER OF APPLICANTS FOR EMPLOYEES WITHIN/OUTSIDE HONG KONG






FOURTH SCHEDULE [reg. 12.]

QUARTERLY RETURN TO COMMISSIONER OF LABOUR

For the period from ..to

EMPLOYMENT WITHIN/OUTSIDE HONG KONG






Name of Employment Agency
.....................................................


Licence Number
.......................................................................

Date ................................. Name of Licensee ..............

Identity Card Number ....................

Signature of Licensee ...................... .................................................
L.N. 101/73. Citation. Applications for the issue or renewal of licences. Licence fees. Form of licences. First Schedule. Display of licence. Prohibited use of licences. Company as licensee. Notification of cessation of business of employment agency. Notification of change of place of business of employment agency. Maximum fees and commission. Second Schedule. Registers required to be maintained and kept. Third Schedule. Return to be submitted to the Commissioner. Fourth Schedule. Application for exemption. Form of certificate of exemption. First Schedule. Application of regulations 5, 6, 7, 8, 9, 11 and 12 to holders of certificates of exemption. Publication of particulars. Offences.

Abstract

L.N. 101/73. Citation. Applications for the issue or renewal of licences. Licence fees. Form of licences. First Schedule. Display of licence. Prohibited use of licences. Company as licensee. Notification of cessation of business of employment agency. Notification of change of place of business of employment agency. Maximum fees and commission. Second Schedule. Registers required to be maintained and kept. Third Schedule. Return to be submitted to the Commissioner. Fourth Schedule. Application for exemption. Form of certificate of exemption. First Schedule. Application of regulations 5, 6, 7, 8, 9, 11 and 12 to holders of certificates of exemption. Publication of particulars. Offences.

Identifier

https://oelawhk.lib.hku.hk/items/show/2323

Edition

1964

Volume

v6

Subsequent Cap No.

57

Number of Pages

14
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Tue, 23 Aug 2011 18:05:49 +0800
<![CDATA[EMPLOYMENT ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2322

Title

EMPLOYMENT ORDINANCE

Description






LAWS OF HONG KONG

EMPLOYMENT ORDINANCE

CHAPTER 57





CHAPTER 57

EMPLOYMENT ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1
PRELIMINARY
1. Short title ...........................7
2. Interpretation ........................7
3. Meaning of continuous contract and onus of proof thereof 11

4. Application of Ordinance ........................................... 11
4A. Authorization of public officers ..... 12
4B. Governor may give directions ......... 12

PART 11

CONTRACTS OF
EMPLOYMENT

5. Duration of contracts of employment ..13
6. Termination of contract by notice ....13
7. Termination of contract by payment in lieu of notice 14
8. Saving of rights .....................15

8A. Damages for wrongful termination of contract ... 15
9. Termination of contract without notice by employer .......... 15
10. Termination of contract without notice by employee 15
11. Suspension from employment in certain cases 16

1 PART IIA

END OF YEAR
PAYMENT

IIA. Interpretation .....................16
1 1B. Application of Part IIA ...........17

1 11C. Payment period ........................ 17
11D. Amount of end of year payment ......18
1 11E. Time of payment of end of year payment 18
1 IF. Proportion of the end of year payment 18

PART III

MATERNITY
PROTECTION

12. Maternity leave .....................20
13. Authority to issue medical certificates 21
14. Payment for maternity leave .........21
15. Prohibition against termination of employment 22
15A. Offences ...........................23
1 15B. Records ..........................24
15C. Restriction on pay in lieu of maternity leave 24





Section Page

PART IV

REST DAYS

16. [Repealed] ..........................24

17. Grant of rest days .................................... 24
18. Appointment of rest days ............ 24
19. Compulsory work on rest days ........ 25
20. Voluntary work on rest days ......... 25
21. Void conditions ........................................... 25

PART IVA

PROTECTION AGAINST ANTI-UNION
DISCRIMINATION

21A. Application of Part IVA ....................... 26

21 B. Rights of employees in respect of trade union membership and activities 26
21C. Offer of employment conditional on offeree not being member of trade union 27

PART V

PAYMENT OF WAGES

22. Wage period .........................27
23. Time of payment of wages ............1 27
24. Payment on completion ............... 27
25. Payment on termination ................. 27

26. Manner and place of payment of wages ----- ............. 28
27. Payment not to be made in certain places 28
28. Remuneration other than wages ....... 29
29. Prohibition of agreements as to manner of spending 29

30. Provision of shops, etc. by employers for sale of commodities to employees -----
29
31. Employer not to enter into contract of employment without reasonable belief

that he can pay wages ..................................................................................... 29

PART VA

SEVERANCE
PAYMENTS

31A. [Repealed] ................................................................. 29

31B. General provisions as to right to severance payment 29
31C. General exclusions from right to severance payment by reason of dismissal 30
31D. Dismissal by employer ..............31
31E. Lay-off ............................32
31F. Excluded classes of employees ......32
31G. Amount of severance payment ........33
31H. Special provision as to termination of contract in case of strike 33
31I. Set-off of gratuity of provident fund payment against severance payment 33
31J. Change of ownership of business ....34
31K. Associated companies ...............35
31L. Implied or constructive termination of contract 36





Section..................................... Page
31M........................Death of employer or of employee 36
31N.........................Claims for severance payments 36

310.........................Making of severance payment ----- 37
31P.........................Written particulars of severance payment ----- 37

31Q..................................Presumption 38

----- PART VB

LONG SERVICE PAYMENTS

31R......General provisions as to employee's right to long service payment 38

31RA.........................Death of employee .................... 38

31RB. Application to domestic servants ...................................... 40

31S. General exclusion from right to long service payment by reason of dismissal 40
31T. Dismissal by employer 40

31U..........................Excluded classes of employees ...................................... 41
31V..........................Amount of long service payment ...................................... 41

31W......................Calculation of period of employment 42
31X.......Special provision as to termination of contract in case of strike 42
31Y.....Set-off of gratuity provident fund payment against long service payment 42

31YA. Gratuities or provident fund payment death of employee 43

31Z. Change of ownership of business .....----- 43

31ZA. Associated companies ...............44

31ZB. Implied or constructive termination of contract ...................................... 44

31ZC. Death of employer ..................45
31ZD. Making of long service payment ....45
31ZE. Written particulars of long service payment 45

PART VC

SUPPLEMENTARY PROVISIONS To PARTS VA AND VII

31ZF. Re-employment after retirement at a specified age 46

PART VI
DEDUCTINS FROM WAGES
32.....................Restriction on deductions from wages 46

PART VII

SICK~ ALLOWANCE

33..............................Sickness allowance 48
34.....................Recognized scheme of medical treatment 51
35...........................Rate of sickness allowance 51
36.....................Time for payment of sickness allowance 51
37....................Employer to keep record of sickness days 52
38.....................Records to he produced to Commissioner 53





Section Page

PART VIII

HOLIDAYS WITH PAY

39. Grant of holidays ...................53
40. Payment of holiday pay ..............55
40A. Restriction on pay in lieu of holiday 55
41. Rate of holiday pay .................56

----- PART VIIIA

ANNUAL LEAVE WITH PAY

41A. Grant of annual leave
41 B. Payment of annual leave pay .......57
41C. Rate of annual leave pay ...........57
41D. Annual leave pay on termination...................59
41E. Restriction on pay in lieu of leave 57
41F. Annual leave shutdown ..............58
41G. Employer to keep annual leave records 58
PART IX
ANCILLARY PROVISIONS RELATING TO SICKNESS ALLOWANCE
AND HOLIDAYS AND ANNUAL LEAVE WITH PAY
42. Ordinary wages instead of holiday pay, annual leave pay, maternity leave pay
or sickness allowance ...................58
43. Payment of holiday pay, etc. in event of bankruptcy, etc . 59

PART IXA

LIABILITY TO PAY WAGES OF SUB-CONTRACTOR'S AND NOMINATED
SUB-CONTRACTOR's EMPLOYEES

Interpretation and application

43A. Interpretation .....................59
43B. Application ........................60
Sub-contractor's employees' wages
43C. Liability of principal contractor and superior sub-contractor to pay wages of
employees of sub-contractors ............61
43.D Notice by employee to principal contractor 61
43E. Employer to supply information at request of employee 62
43F. Recovery of wages paid by principal contractor or superior sub-contractor 62
Nominated sub-contractor's employees' wages

43G. Liability of superior nominated sub-contractor to pay wages of employees of

nominated sub-contractors .......................... 63
43H. Notice by employee to main nominated sub-contractor 63
431. Employer to supply information at request of employee 64
43.J Recovery of wages paid by superior nominated sub-contractor 1 64





Section Page

General

43K. Cessation of employer's liability for wages paid by principal contractor,

superior sub-contractor or superior nominated sub-contractor ............... 65
43L. Service of notice ..................65
43M. Employee's rights against employer not affected 65

PART X

INFORMATION RESPECTING CONDITIONS OF
SERVICE

44. Information to persons entering employment 66
45. Information to employees ............66
46. Details of conditions and particulars of wages 66
PART XI
RECORDS, FORMS AND RETURNS
47. Records to be kept by employers ..... 67
48. Returns to be made to Commissioner .. 67
49. Form of notices, records, etc . .................... 67
49A. Requirement to keep wage and employment records 67

PART XII

EMPLOYMENT
AGENCIES

50. Interpretation and application of Part 68
51. Prohibitions in respect of the operation of employment agencies 69
52. Application for and issue of licences 69
53. Refusal to issue, or revocation of, licences 70
54. Commissioner's power of exemption ... 71
55. Withdrawal of exemption .............71

56. Maintenance and delivery to the Commissioner of prescribed registers, records

and returns .............................72
57. Prohibited acts in respect of employment agencies 72

58. Inspection of places of business of licensed or exempted employment agencies 72

59. Investigation of suspected offences . 73

60. Offences ........................................................ 73

61. Application of sections 56, 57, 58 and 59 to holders of certificates of
exemption

and exempted employment agencies ........ 74
62. Power to make regulations ........... 74

PART XIII

OFFENCES AND
PENALTIES

63. Offences and penalty ................75

63A. Offences relating to sections 23, 24, 25, 31, 72A and 72B and penalty 76

64. Prosecution of offences ............. 76
64A. Service of summons .................77






65. Liability for outstanding wages ..... 77





Section Page

PART XIV

MISCELLANEOUS

66. Wages not to be attached .........77
67. Application for apprehension of absconding employer 78

67A. Amendment of wage levels............. 78
68. Amendment of forms .............................................. 78
69. Saving as to existing contracts of service 78
70. Contracting out ......................78

71. Saving as to schemes of medical treatment under repealed Industrial
Employment (Holidays with Pay and Sickness Allowance) Ordinance 79
72. Powers of officers ..................79
72A. Duty of public officers not to disclose source of complaint, etc . 80
72B. Employment not to be terminated, etc. by reason of fact that employee has
given evidence in proceedings under Ordinance, etc . 81
72C. Presumptions .......................81
73. Regulations .........................81
74. Penalty for contravention of regulations 83

First Schedule. Continuous Employment ....----- -----
............................83

Second Schedule. Procedure for Apprehension of Absconding Employer 84
Third Schedule. Death of Employer or of Employee 87
Fourth Schedule. Specified Ordinances ....89
Fifth Schedule. Table ....................90
Sixth Schedule. Death of Employer or of Employee - Long Service Payments 90





CHAPTER 57

EMPLOYMENT

To provide for the protection of the wages of employees, to regulate general
conditions of employment and employment agencies, and for matters
connected therewith. (Amended, 5 of 1970, s. 2)

[27 September 1968]

Originally 38 of 1968-5 of 1970,23 of 1970,71 of 1970,44 of 1971, L.N. 48/72,35 of 1973,39 of 1973, 19 of 1974,
L.N. 142174, 51 of 1974, 67 of 1974, 14 of 1975, 87 of 1975, 8 of 1976, 53 of 1976, 71 of 1976, 1 of 1977, 39
of 1977. 53 of 1977, 54 of 1977, 11 of 1979, 26 of 1979, 55 of 1979, 10 of 1980,6 of 1981, 22 of 1981, L.N.
177181, L.N. 174182,27 of 1982,57 of 1983, L.N. 325183,19 of 1984, 33 of 1984, 48 of 1984, L.N.
419184,12 of 1985, 76 of 1985, L.N. 121186, L.N. 138,'87,55of 1987,24 of 1988,52 of 1988

PART I

PRELIMINARY

Short title

1. This Ordinance may be cited as the Employment Ordinance.

Interpretation

2. (1) In this Ordinance, unless the context otherwise requires-

(Amended, 48 of 1984, s. 2)

'alternative holiday' means a holiday granted or to be granted under section 39(2);
(Added, 39 of 1973, s. 2)

,annual leave' means the annual leave provided for in Part VIIIA; (Added, 53 of
1977, s. 2)

,,annual leave pay' means the annual leave pay required by this Ordinance to be
paid in respect of a period of annual leave and any sum required to be paid
under section 41D; (Added, 53 of 1977, s. 2)

'business' includes a trade or profession and any like activity carried on by a
person; (Added, 76 of 1985, s. 2)

cease', in relation to Part VA, Part VB, the Third Schedule and the Sixth Schedule,
means cease either permanently or temporarily and from whatsoever cause, and
'diminish' has a corresponding meaning; (Added, 76 of 1985, s. 2)

'child' means

(a)until the expiration of 31 August 1980, a person under the age of 14 years; and

(b) with effect from 1 September 1980, a person under the age
of 15 years; Added, 55 if 1979, s. 2)





'Commissioner' means the Commissioner for Labour; (Amended, L.N. 142174)

'confinement' means the delivery of a child; (Added, 5 of 1970, s. 3)

'contract of employment' means any agreement, whether in writing or oral, express
or implied, whereby one person agrees to employ another and that other agrees
to serve his employer as an employee and also a contract of apprenticeship;

'dangerous drug' has the meaning assigned to it in the Dangerous Drugs
Ordinance (Cap. 134);

'Director' means the Director of Medical and Health Services; (Added, 39 of
1973,s.2)

'domestic servant' includes a garden servant, chauffeur and boatboy and any other
personal servant of a like class; (Added, 76 of 1985, s. 2)

,,employee' means an employee to whom, by virtue of section 4, this Ordinance
applies;

,,employer' means any person who has entered into a contract of employment to
employ any other person as an employee and the duly authorized agent,
manager or factor of such first mentioned person;

'holiday' means

(a) a statutory holiday;

(b) an alternative holiday;

(c) a substituted holiday; or

(d)a day on which a female employee or an employee who is a young person
is required by section 39(4) to be granted a holiday; (Added, 39 of 1973, s.
2)

'holiday pay' means the holiday pay provided for by section 40; (Added, 39 of
1973, s. 2)

'issue' means a child whether under the age of majority or not of a deceased
employee and

(a) includes a step-child;

(b)includes a child adopted by the employee, but does not include a child of
the employee adopted by another person;

(c) does not include an illegitimate child; and

(d)where polygamy lawfully subsists, does not include a child who is not an
adopted child of the employee unless his mother was, at the time of his
birth, the employee's principal wife

(i) in case the relevant marriage or, where appropriate, each such
marriage constitutes a customary marriage for the purposes of the
Marriage Reform Ordinance (Cap. 178), according to Chinese law and
custom; or

(ii) in any other case, according to the law which, as regards the
relevant marriage or marriages, was the proper personal law of the

employee;(Added, 52 of 1988, s. 2)





'Labour Tribunal' means the Labour Tribunal established by section 3 of the
Labour Tribunal Ordinance (Cap. 25); (Added, 76 of 1985, s. 2)

'lock-out' has the meaning assigned to it by section 2 of the Trade Unions
Ordinance (Cap. 332); (Added, 76 of 1985, s. 2)

long service payment' means the long service payment payable by an employer

to an employee under section 31R(1) 76 of 1985,s.2)

----- C, 1

maternity leave' means absence from work, in accordance with the provisions of
Part III, by a female employee because of her pregnancy or confinement;
(Added, 5 of 1970, s. 3)

'maternity leave pay' means pay in respect of maternity leave payable to a female
employee under section 14; (Added, 22 of 1981, s. 2)

'miscarriage' means the expulsion of the products of conception which are
incapable of survival after being born before 28 weeks of pregnancy; (Added, 22
of 1981, s. 2)

'outworker' means a person to whom articles or materials are, for payment or
reward, given out to be made up, cleaned, washed, altered, ornamented,
finished or repaired, or adapted for sale, in his own home or on other premises
not under the control or managemant of the person who gave out the articles or
materials; (Added, 76 of 1985, s. 2)

'paid sickness day' means a sickness day in respect of which an employee is
entitled to be paid sickness allowance; (Added, 39 of 1973, s. 2)

'recognized scheme of medical treatment' means a scheme of medical treatment
operated by an employer and approved by the Director for the purposes of this
Ordinance under section 34(1); (Added, 39 of 1973, s. 2)

'relevant date', in relation to the termination of employment of an employee, means

(a)where the employee's contract of employment is terminated by notice in
accordance with section 6, the date on which that notice expires;

(b)where the employee's contract of employment is terminated by payment in
lieu of notice in accordance with section 7, the date up to which such
wages are calculated;

(c)where the employee terminates his contract of employment without notice
or payment in lieu in accordance with section 10, the date on which
termination takes effect;

(d)where the employee is employed under a contract for a fixed term and that
term expires, the date on which that term expires;

(e)where a continuous contract of employment specifies an age of retirement
and the employee retires at that age, the date of retirement;

(f) where the employee dies, the date of his death; and

(g)where the employee's contract of employment is terminated other than in
accordance with the provisions of this Ordinance, the date of termination;
(Replaced, 52 of 1988, s. 2)

'renewal' includes extension, and any reference to renewing a contract shall be

construed accordingly;(Added, 76 of 1985, s. 2)





'rest day' means a continuous period of not less than 24 hours during which an
employee is entitled under Part IV to abstain from working for his employer;
(Added, 23 of 1970, s. 2. Amended, 71 of 1976, s. 2)

'severance payment means the severance payment payable by an employer to an
employee under section 31B(1); (Added, 76 of 1985, s.2)

'sickness allowance' means the sickness allowance provided for by sectior. 33;
(Added, 39 of 1973, s. 2)

',sickness day' means a day on which an employee is absent from his work by
reason of his being unfit therefor on account of injury or sickness; (Added, 39 of
1973, s. 2)

6spouse' means, in relation to a married employee, the person to whom the
employee is lawfully married; (Added, 52 of 1988, s. 2)

',statutory holiday' means a holiday specified as a holiday in section 39(1) or
granted under section 39(5) or (8); (Added, 39 of 1973, s. 2. Amended, 71 of 1976, s.
2)

',strike' has the meaning assigned to it by section 2 of the Trade Unions Ordinance
(cap. 332); (Added, 76 of 1985, s. 2)

'substituted holiday' means a holiday granted under section 39(3); (Added, 39 of
1973, s. 2)

'tips and service charges', in relation to wages, means sums of money received,
directly or indirectly, by an employee in the course of and in connection with
his employment which are

(a)paid or derived from payments made by persons other than the employer;
and

(b)recognized by the employer as part of the employee's wages; (Added, 48 of
1984, s. 2)

'wage period' means the period in respect of which wages are payable under a
contract of employment or under section 22;

'wages', subject to subsections (2) and (3), means all remuneration, earnings,
allowances, tips and service charges, however designated or calculated,
capable of being expressed in terms of money, payable to an employee in
respect of work done or to be done under his contract of employment, but does
not include- (Amended, 48 of 1984, s. 2 and 76 of 1985, s. 2)

(a)the value of any accommodation, education, food, fuel, light, medical care
or water provided by the employer;

(b) any contribution paid by the employer on his own account to any
pension fund or provident fund.,

(c) any travelling allowance or the value of any travelling concession;

(d)any sum payable to the employee to defray special expenses incurred by
him by the nature of his employment;

(da) any end of year payment, or any proportion thereof, which is payable
under Part IIA; (Added, 48 of 1984, s. 2)

(e)any gratuity payable on completion or termination of a contract of
employment; or





(f)any annual bonus, or any proportion thereof, which is of a gratuitous
nature or which is payable only at the discretion of the employer;

Parts VA an

'week', for the purposes of Part VA and VB, means the period between
midnight on Saturday night and midnight on the succeeding Saturday
night; (Added, 76 of 1985, s. 21

'young person' means-

(a)until the expiration of 31 August 1980, a person who has attained the age
of 14 years but not the age of 18 years; and

(b)with effect from 1 September 1980, a person who has attained the age of
15 years but not the age of 18 years. (Replaced, 55 of 1979, s. 2)

(2) No account of overtime pay shall be taken in calculating the wages of
an employee for the purpose of-
(a) any end of year payment under Part IIA;
(b) any maternity leave pay under Part III;
(c) any severance payment under Part VA;
(ca) any long service payment under Part VB; (Added, 76 of 1985, s. 2)
(d) any sickness allowance under Part VII;
(e) any holiday pay under Part VIII; or
(f) any annual leave pay under Part VIIIA.(Added, 48 of 1984, s. 11)

(3) Where an employee who has been employed under a continuous contract

(a) is dismissed; or

(b) is laid off within the meaning of section 31 E,
and for any period of that contract he has not been paid his wages, or his full wages, but his employer has
been liable to pay him

(i) compensation under the Employees' Compensation Ordinance (Cap. 282);
(ii) in the case of a female employee, maternity leave pay; or
(iii) sickness allowance,

then the employee shall be deemed, for the purposes of Parts VA and VB and
notwithstanding any provision of this Ordinance, to have been paid, for
that period, his full wages under, and at the frequency required by, that contract as if he
had continued in the normal course in the employment to which that contract
relates, and any calculation under section 31G or 31V shall be made accordingly.
(Added, 76 of 1985, s. 2)

Meaning of continuous contract and onus of proof thereof

3. (1) In this Ordinance, 'continuous contract' means a contract of
employment under which an employee is deemed by virtue of the provisions of the
First Schedule to be in continuous employment.





(2) In any dispute as to whether a contract of employment is a continuous
contract the onus of proving that it is not a continuous contract shall be on the
employer.

(Added, 5 of 1970, s. 4. Amended, 71 of 1970, s. 2)

Application of Ordinance

4. (1) Subject to subsection (2) and section 69, this Ordinance applies to every
employee engaged under a contract of employment, to an employer of such
employee and to a contract of employment between such employer and employee.

(2) Subject to Part IVA, this Ordinance does not apply- (Amended, 51 of 1974, s.
2)

(a)subject to sections 31G(2) and 31V(3), to a person employed otherwise
than by way of manual labour whose wages exceed $11,500 per
month; (Amended, 19 of 1974, s. 2; 67 of 1974, s. 2; 26 of 1979, s. 2;
6 of 1981, s. 2; L.N. 174/82; L.N. 325/83; L.N. 419/84; L.N. 121/86;
L.N. 138/87 and 52 of 1988, s. 3)
(b)to a person who is a member of the family of the proprietor of the
business in which he is employed and who dwells in the same dwelling
as the proprietor;
(c)to a worker as defined in the Contracts for Employment Outside Hong
Kong Ordinance (Cap. 78);
(d)to a person who is serving under an agreement entered into pursuant
to section 10(1) of the Merchant Shipping Ordinance (Cap. 28 1), or on
board a ship registered in a country which is represented by a consular
officer resident in Hong Kong; (Amended, 48 of 1984, s. 3)

(e) [Deleted, 8 of 1976, s. 491

1 3), labour whose 2

(2A) This Ordinance shall not apply to contracts of apprenticeship registered
under the Apprenticeship Ordinance (Cap. 47) except to the extent provided in that
Ordinance. (Added, 8 of 1976, s. 49)

(3) For the avoidance of doubt it is hereby declared that the provisions of
section 5(3) shall not apply to any contract of employment made before 1 April 1965.

Authorization of public officers

4A. The Commissioner may in writing authorize any public officer or class of
public officer to exercise or perform any or all of the powers, functions or duties
conferred or imposed on the Commissioner under this Ordinance.

(Added, 10 of 1980, s. 2)

Governor may give directions

4B. (1) The Governor may give such directions as he thinks fit, either generally
or in any particular case, with respect to the exercise or performance by any public
officer of any powers, functions or duties under this Ordinance.





(2) A public officer shall, in the exercise or performance of his powers,
functions or duties under this Ordinance, comply with any directions given by the
Governor under subsection (1).

(Added, 10 of 1980, s. 2)

PART 11

CONTRACTS OF EMPLOYMENT

Duration of contracts of employment

5. (1) Every contract of employment, which is a continuous contract, shall, in
the absence of any express agreement to the contrary, be deemed to be a contract
for 1 month renewable from month to month.

(2) Notwithstanding that it is proved that a contract of employment is for a
period in excess of 1 month such contract shall be deemed to be a contract for 1
month renewable from month to month unless the contract is evidenced in writing
signed by each of the parties thereto.

(3) Notwithstanding any other provision of this section, a contract of
employment entered into by a manual worker for a period of 6 months or more or for
a number of working days equivalent to 6 months or more shall be deemed to be a
contract for 1 month renewable from month to month.

(4) Where any contract of employment for a period in excess of 1 month is
deemed by virtue of the provisions of subsection (2) or (3) to be a contract from
month to month the wages per month shall be such proportion of the total wages
agreed under the contract as 1 month bears to the agreed duration of the contract.

Termination of contract by notice

6. (1) Subject to subsections (2), (2A), (2B) (3) and (3A) and sections 15 and
33(4B), either party to a contract of employment may at any time terminate the
contract by giving to the other party notice, orally or in writing, of his intention to
do so. (Amended, 5 of 1970, s. 5; 57 of 1983, s. 2; 48 of 1984, s. 4 and 55 of 1987, s. 2)

(2) The length of notice required to terminate a contract of employment shall be

(a)in the case of a contract which is deemed by virtue of the provisions of
section 5 to be a contract for 1 month renewable from month to month and
which does not make provision for the length of notice required to
terminate the contract, not less than 1 month; (Amended, 44 of 1971, s.2)

(b)in the case of a contract which is deemed by virtue of the provisions of
section 5 to be a contract for 1 month renewable from month to month and
which makes provision for the length of notice required to terminate the
contract, the agreed period, but not less than 7 days; (Added, 44 of 1971, s.
2)





(c)in every other case, the agreed period, but not less than 7 days in the case
of a continuous contract.

(2A) Without prejudice to section 41D, annual leave to which an employee is
entitled under section 4 1 A shall not be included under subsection (2) in the length
of notice required to terminate a contract of employment. (Added, 48 of 1984, s. 4)

(2B) The period of maternity leave to which a female employee is entitled under
section 12 shall not be included under subsection (2) in the length of notice required
to terminate a contract of employment. (Added, 55 of 1987, s.2)

(3) Where in any contract of employment, whether in writing or oral, it has been
expressly agreed that the employment is on probation and the contract does not
make provision for the length of notice required for its termination such contract
may be terminated- (Amended, 44 of 1971, s. 2)

(a)by either party at any time during the first month of such employment
without notice or payment in lieu;

(b)by either party at any time after the first month of such employment by
giving to the other party notice of not less than 7 days. (Amended, 48 of
1984, s. 4)

(3A) Where in any contract of employment, whether in writing or oral, it has
been expressly agreed that the employment is on probation and the contract makes
provision for the length of notice required for its termination such contract may be
terminated

(a)notwithstanding the length of notice provided for in the contract, by either
party at any time during the first month of such employment without
notice or payment in lieu;

(b)by either party at any time after the first month of such employment by
giving to the other party notice of the agreed period, but not less than 7
days. (Added, 48 of 1984, s. 4)

(4) For the purposes of this section the expression 'month' means a period of
time commencing on the day when notice of termination of a contract of
employment is given or when employment begins, as the case may be, and ending at
the end of the day before the corresponding date in the following month or, where
there is no corresponding date in the following month or where the commencing day
is the last day of a month, at the end of the last day of the following month.

Termination of contract by payment in lieu of notice

7. (1) Subject to section 33(4B), either party to a contract of employment may at
any time terminate the contract without notice by agreeing to pay to the other party
a sum equal to the amount of wages which would have accrued to the employee
during the period of notice required by section6. (Amended, 44of 1971,s. 3and57of
1983,s. 3)

(2) Either party to a contract of employment, having given proper notice in
accordance with section 6, may at any time thereafter terminate the contract by
agreeing to pay to the other party such proportion of the sum referred to in





subsection (1) as is proportionate to the period between the termination of the
contract and the time when the notice given would have expired. (Amended, 44 of
1971, s. 3)

(3) In the case of an employee whose remuneration is calculated by the piece or
task the amount of wages which would have accrued to such employee during the
period of notice referred to in subsection (1) shall be deemed to be the amount of
wages earned by the employee during the equivalent period immediately prior to the
giving of the notice or, if for any reason it is impracticable to compute the amount in
this manner, it may be calculated by reference to the amount earned during such
equivalent period by a person in the same trade or occupation at the same work in
the same district.

(4) Notwithstanding any other provision of this Ordinance the term 'wages'
shall, for the purposes of this section, be deemed not to include overtime pay.

Saving of rights

8. Nothing in section 6 or 7 shall be taken-

(a)to prevent either party to a contract of employment from waiving, at the
time notice is required to be given for the purposes of section 6(2), (3) or
(3A), his right to notice or to payment in lieu of notice; (Amended, 48 of
1984, s. 5)

(b)to affect the right of a party to a contract of employment to terminate the
contract without notice or payment in lieu under section 9, 10 or 11(2).

Damages for wrongful termination of contract

8A. (1) Without prejudice to section 9, 10 or 11(2), where a contract of
employment is terminated otherwise than in accordance with section 6 or 7, a sum
equal to the amount of wages which would have accrued to the employee during the
period of notice required by section 6 shall be payable by the party terminating the
contract to the other party.

(2) Without prejudice to section 9, 10 or 11(2), where a party to a contract of
employment, having given proper notice in accordance with section 6 thereafter
terminates the contract before the expiry of the period of notice otherwise than in
accordance with section 7, such proportion of the sum equal to the amount of
wages which would have accrued to the employee during the period of notice as is
proportionate to the period between the termination of the contract and the time
when the notice given would have expired shall be payable by the party terminating
the contract to the other party.

(Added, 14 of 1975, s. 2)

Termination of contract without notice by employer

9. An employer may terminate a contract of employment without notice or
payment in lieu

(a) if an employee, in relation to his employment-





(i) wilfully disobeys a lawful and reasonable order;

(ii) misconducts himself, such conduct being inconsistent with the due
and faithful discharge of his duties;

(iii) is guilty of fraud or dishonesty; or

(iv) is habitually neglectful in his duties; or

(b)on any other ground on which he would be entitled to terminate the
contract without notice at common law.

Termination of contract without notice by employee

10. An employee may terminate his contract of employment without notice or
payment in lieu

(a)if he reasonably fears physical danger by violence or disease such as was
not contemplated by his contract of employment expressly or by
necessary implication;

(aa) if

(i) he has been employed under the contract for not less than the
number of years specified in section 31 R(1)(a); and

(ii) by a certificate in the form specified by the Commissioner under
section 49 and issued by a medical practitioner practising in a Government
or Government-subvented hospital, he is certified as being permanently
unfit for a particular type of work specified in the certificate for a reason or
reasons stated therein; and

(iii) he is engaged in that type of work under the contract; (Added, 52
of 1988, s. 4)

(b) if he is subjected to ill-treatment by the employer; or

(c)on any other ground on which he would be entitled to terminate the
contract without notice at common law.

Suspension from employment in certain cases

11. (1) Notwithstanding any other provision of this Ordinance or of any other
law, an employer may without notice or payment in lieu suspend from employment
any employee for a period not exceeding 14 days

(a)as a disciplinary measure for any reason for which the employer could
have terminated the contract of employment under section 9;

(b)pending a decision by the employer as to whether or not he will exercise
his right to terminate the contract of employment under section 9; or

(c)pending the outcome of any criminal proceedings against the employee
arising out of or connected with his employment:

Provided that where such criminal proceedings are not concluded
within the period of 14 days such suspension may be extended till the
conclusion of the criminal proceedings.





(2) An employee who is suspended from employment under subsection (1) may
at any time during the period of his suspension, notwithstanding sections 6 and 7,
terminate his contract of employment without notice or payment in lieu.

(3) Without prejudice to the provisions of subsection (1), an employer may lay-
off an employee for such periods as are expressly agreed in, or may be implied from,
the contract of employment:

Provided that the period of lay-off shall in no case exceed a total of 12
normal working days in any period of 4 consecutive weeks. (Replaced, 67 of 1974,s.3)

PART IIA

END OF YEAR PAYMENT

Interpretation

11A. In this Part, unless the context otherwise requires

'end of year payment' means any annual payment (whether described as
'thirteenth month payment', 'fourteenth month payment-, 'double pay', ,lend
of year bonus' or otherwise) or annual bonus of a contractual nature, but does
not include any annual bonus, or any proportion thereof, which is of a
gratuitous nature or which is payable only at the discretion of the employer;

'full month's wages' means

(a)in the case of an employee whose wages are computed by reference to a
monthly rate, his monthly rate of pay; and

(b)in any other case, a sum equivalent to the average daily wage earned by
the employee multiplied by 26, and for the purposes of this paragraph the
average daily wage shall be the average of the daily wages earned by the
employee on each day on which he worked during every complete wage
period, comprising not less than 28 days and not more than 31 days,
immediately preceding or expiring on

(i) the day on which the end of year payment becomes due under
section 11 E(1) or (2); or

(ii) the day on which the proportion of the end of year payment
becomes due under section 11 F(3) or (4);

lunar year' means a Chinese lunar year ending immediately before a Lunar New
Year's Day;

'payment period' has the meaning assigned to it by section 11 C;

'proportion of the end of year payment' means the proportion of the end of year
payment calculated in accordance with section 1 IF.

Application of Part IIA

11B. (1) Subject to any agreement to the contrary and to subsection (2),

this Part shall apply to an employee employed under a continuous contract if an





end of year payment is payable by the employer to that employee by virtue of a term
or condition (whether written or oral, express or implied) of the contract of
employment.

(2) In the case of an employee to whom this Part applies, any term or condition
of the contract of employment which purports to prevent the payment under section
1 IF of a proportion of the end of year payment shall be void.

Payment period

11C. The payment period in respect of which an end of year payment is
payable under this Part shall be

(a)the payment period specified in that behalf in the contract of
employrnent;or

(b) if a payment period is not so specified, a lunar year.

Amount of end of year payment

11D. An end of year payment payable to an employee to whom this Part
applies who has been employed by the same employer for the whole of a payment
period shall be-

(a)the end of year payment specified in that behalf in the contract of
employment; or

(b)if an end of year payment is not so specified, a sum equivalent to a full
month's wages of the employee.

Time of payment of end of year payment

11E. (1) An end of year payment payable to an employee to whom this Part
applies in respect of a payment period shall become due to the employee

(a)subject to subsection (2), on the day specified in that behalf in the
contract of employment; or

(b) if a day is not so specified, on the last day of the payment period,

and shall be paid as soon as is practicable but in any case not later than 7 days after
that day but nothing in this section shall be construed as preventing the payment of
the end of year payment at any time before that day.

(2) Where the contract of employment of an employee to whom this Part
applies who has been employed for the whole of a payment period is terminated
after the expiry of the payment period but before the end of year payment becomes
due on the day specified in the contract, the end of year payment shall,
notwithstanding that a day is so specified, become due to the employee

(a) on the day on which the contract of employment terminates; or

(b)in the case of an end of year payment that falls to be calculated by
reference to any profits of the employer, on the day on which the profits
of the employer are ascertained,





and shall be paid as soon as is practicable but in any case not later than 7 days after
that day.

Proportion of the end of year payment

11F. (1) Where, in the case of an employee to whom this Part applies who has
not been employed by the same employer for the whole of a payment period but has
been so employed for a period of not less than 26 weeks in the payment period

(a) the contract of employment is terminated-

(i) at any time during the payment period; or

(ii) on the expiry of the payment period, otherwise than by the employee
under section 6 or 7 or by the employer under section 9; or

(b)the employee continues to be employed by the employer after the expiry
of the payment period,

the employee shall be paid a proportion, calculated in accordance with subsection
(2), of the end of year payment that would have been payable under this Part if he
had been employed by the same employer for the whole of the payment period.

(2) The proportion of the end of year payment payable under subsection (1)
shall be

(a)the proportion specified in that behalf in the contract of employment; or

(b)if a proportion is not so specified, the sum which bears the same
proportion to a full month's wages of the employee as his period of service
under the contract of employment in the payment period bears to that
payment period.

(3) The proportion of the end of year payment payable under subsection (1)
shall become due to the employee

(a) under paragraph (a) of that subsection-

(i) on the day on which the contract of employment terminates; or

(ii) in the case of a proportion of an end of year payment that falls to be
calculated by reference to any profits of the employer, on the day on
which the profits of the employer are ascertained; or

(b) under paragraph (b) of that subsection-

(i) subject to subsection (4), on the day specified in the contract of
employment as the day on which the end of year payment becomes due;
or

(ii) if a day is not so specified, on the last day of the payment period,

and shall be paid as soon as is practicable but in any case not later than 7 days after
that day but nothing in this subsection shall be construed as preventing the
payment of the proportion of the end of year payment at any time before that day.





(4) Where the contract of employment of an employee to whom subsection
(1)(b) applies is terminated after the expiry of the payment period but before the
end of year payment becomes due on the day specified in the contract, the
proportion of the end of year payment payable under subsection (1) shall,
notwithstanding that a day is so specified, become due to the employee

(a) on the day on which the contract of employment terminates; or

(b)in the case of a proportion of an end of year payment that falls to be
calculated by reference to any profits of the employer, on the day on which
the profits of the employer are ascertained,

and shall be paid as soon as is practicable but in any case not later than 7 days after
that day.

(Part IIA added, 48 of 1984,
s. 6)

PART 111

MATERNITY
PROTECTION

Maternity leave

12. (1) A female employee who has been employed by the same employer
under a continuous contract for a period of not less than 26 weeks shall be entitled
to maternity leave under this Part.

(2) Maternity leave shall be the aggregate of-

(a)a period of 4 weeks immediately before the expected date of confinement;

(b)a further period, if any, from the expected date of confinement to the actual
date of confinement;

(c)a period of 6 weeks immediately after the actual date of confinement; and

(d)a further period, not exceeding 4 weeks, on grounds of illness or disability
arising out of the pregnancy or confinement.

(3) The period of maternity leave under subsection (2)(d) may be taken-

(a)wholly immediately before the period mentioned in subsection (2)(a); or

(b) wholly immediately after the period mentioned in subsection (2)(e); or

(c)in part immediately before the period mentioned in subsection (2)(a) and
in part immediately after the period mentioned in subsection (2)(c).

(4) A female employee who intends to take any period of maternity leave under
subsection (2)(a), (b) and (c) shall give notice to that effect to her employer at any
time after her pregnancy has been certified as provided in this section and such
notice shall specify- (Amended, 22 of 1981, s. 3 and 55 of 1987,s.3)





(a) the expected date of her confinement; and

(b) the date on which the maternity leave is to commence.

(4A) A female employee who has given notice under subsection (4) shall,
if her pregnancy ceases otherwise than by reason of confinement, give notice of
such cessation of pregnancy to her employer as soon as is reasonably prac-
ticable. (Added, 55 of 1987, s. 3)

(5) If her confinement takes place-

(a) before notice under subsection (4) is given; or

(b)after notice under subsection (4) is given but before the commence-
ment of the period of maternity leave under subsection (2)(a),

the female employee shall, within 7 days of her confinement, give notice to her
employer of the date on which she was confined and of her intention to take any
period of maternity leave under subsection (2)(c).

(6) A female employee who gives notice under subsection (4) shall, if so
required by her employer, produce a medical certificate-

(a) certifying that she is pregnant; and

(b) specifying the expected date of her confinement.

(7) A female employee who gives notice under subsection (5) shall, if so
required by her employer, produce a medical certificate-

(a) certifying that she has been confined; and

(b) specifying the date of her confinement.

(8) A female employee who intends to take any period of maternity leave
under subsection (2)(d) shall give notice to that effect to her employer and shall,
if so required by her employer, produce a medical certificate certifying as to the
illness or disability.

(9) A female employee who is on maternity leave and who intends to
return to work shall, if so required by her employer, give not less than 8 days'
notice to the employer of the date on which she intends to return to work and
shall state in the notice the date on which she was confined, unless the date has
been notified under subsection (5).

(10) The continuity of employment of a female employee shall not be
treated as broken by her taking maternity leave. (Added, 22 of 1981, s. 3)

(11) For the avoidance of doubt it is declared that maternity leave is, and
shall be granted, in addition to annual leave to which a female employee is
entitled under this Ordinance and that any rest day or holiday that falls due
during maternity leave shall be counted as part of the maternity leave and shall
not give rise to any entitlement to an additional or other rest day or holiday or
to holiday pay in the case of a female employee who is paid maternity leave pay
for that holiday; and where no maternity leave pay is paid to the female
employee for that holiday she shall be paid holiday pay for that holiday.
(Added, 22 of 1981, s. 3. Amended, 48 of 1984, s. 7)





Authority to issue medical certificates

13. (1) A medical certificate for the purposes of section 12(6) or (7) shall be
issued by

(a) a registered medical practitioner; or

(b)notwithstanding section 16 of the Midwives Registration Ordinance (Cap.
162), a midwife registered under section 8, or deemed to be registered
under section 25, of that Ordinance.

(2) A medical certificate for the purposes of section 12(8) shall be issued by a
registered medical practitioner.

Payment for maternity leave

14. (1) A female employee shall not he entitled to wages in respect of the period
of her maternity leave except as provided in this section or as provided in her
contract of employment if such contract provides for paid maternity leave on terms
better than in this section.

(2) Subject to subsection (6), an employer shall pay a female employee
maternity leave pay for the period of maternity leave taken by her and to which she
is entitled under section 12(2)(a) and (e) if she

(a)has been employed by that employer under a continuous contract for a
period of not less than 40 weeks before the expected date of her
commencement of maternity leave;

(b) has given notice under section 12(4) or (5);

(e)has complied with any requirement by her employer under section 12(6) or
(7); and

(d)has no children or no more than 2 children born to her and of any age at
the time when she gives notice under section 12(4) or (5) and has
produced to her employer a statutory declaration to that effect.

(3) Maternity leave pay payable under this section shall be calculated-

(a)in the case of a female employee whose wages are computed by reference
to a monthly rate, at two-thirds of her monthly rate of pay; and

(b)in any other case, at two-thirds of the average daily wage earned by the
female employee, and for the purposes of this paragraph the average daily
wage shall be the average of the daily wages earned by the female
employee on each day on which she worked during every complete wage
period, comprising not less than 28 days and not more than 31 days,
immediately preceding or expiring on the commencement of her maternity
leave:

Provided that in a case to which this paragraph applies maternity
leave pay shall not be payable in respect of a day on which the female
employee would not have worked had she not been on maternity

leave.(Replaced, 48 of 1984, s. 8)





(4) Maternity leave pay under this section shall be paid by an employer on the
same day and in the same manner as he would have been required to pay wages to
the female employee if she had not taken maternity leave and had continued in his
employ.

(5) A female employee who, without the prior permission of her employer,
works for another employer during any period of maternity leave under section
12(2)(a) and (e) shall forfeit her entitlement to maternity leave pay during that
period of maternity leave.

(6) Where a female employee is entitled to maternity leave pay for the period
prior to her confinement, her employer shall only be required under subsection (2)
to pay maternity leave pay for such period from the date of commencement of
maternity leave to the date of her confinement:

Provided that such maternity leave pay shall not in any case be payable for a
period exceeding 4 weeks.

(Replaced, 22 of 1981, s. 4)

Prohibition against termination of employment

15. (1) No employer shall terminate a contract of employment of a
female employee under section 6 or 7 during the period from the date-

(a) on which she gives notice under section 12(4) or (8); or

(b)of her confinement where she subsequently gives notice under section
12(5),

to the date on which she is due to return to work on the expiry of her maternity leave
or the date of cessation of her pregnancy (otherwise than by reason of
confinement). (Replaced, 22 of 1981, s. 5. Amended, 55 of 1987, s. 4)

(2) An employer who contravenes subsection (1) shall be liable to pay to
the female employee

(a)the sum which would have been payable if the contract had been
terminated by the employer under section 7;

(b)a further sum equivalent to the amount of wages which would have
accrued to the employee during a period of 7 days; and

(e)where the employee is or would have been entitled to maternity leave pay,
maternity leave pay for 10 weeks. (Added, 22 of 1981, s. 5)

(3) In the case of a female employee whose remuneration is calculated by the
piece or task the amount of wages which would have accrued to the employee
during the period of 7 days referred to in subsection (2)(b) shall be deemed to be

(a)if the contravention of subsection (1) occurs before the commencement of
maternity leave, the amount of wages earned by the employee during the
equivalent period immediately prior to the breach of the contract; or

(b)if the contravention of subsection (1) occurs after the commencement of
maternity leave, or if for any reason it is impracticable to compute





the amount under paragraph (a), the amount of wages earned during the
equivalent period by a female employee in the same trade or occupation at
the same work in the same district. (Amended, 48 of 1984,s.9)

(4) Any employer who contravenes subsection (1) shall be guilty of an

offence and shall be liable on conviction to a fine of 510,000. (Added, 22 of
1981, s. 5. Amended, 24 of 1988, s. 2)

Offences
15A. (1) Any employer who fails to-
(a) grant maternity leave;
(b) pay maternity leave pay; or
(c) pay sickness allowance under section 33(3C),

shall be guilty of an offence and shall be liable on conviction to a fine of

$10,000. (Amended, 24 of 1988, s. 2)

(2) Any female employee who gives false information in a statutory declaration
produced under section 14 shall be guilty of an offence and shall be liable on
conviction to a fine of $5,000. (Amended, 24 of 1988, s. 2)

(Added, 22 of 1981, s. 6)

Records

15B. Every employer who employs females shall maintain, in a form specified
by the Commissioner, a record of maternity leave taken by and maternity leave pay
paid to his female employees.

(Added, 22 of 1981, s. 6)

Restriction on pay in lieu of maternity leave

15C. Save as provided in section 15(2), no payment of maternity leave pay or
other sum may be made in lieu of the grant of maternity leave.

(Added, 22 of 1981, s. 6)

(Part III added, 5 of 1970, s. 7)

PART IV

REST DAYS

16. [Repealed, 10 of 1980, s. 31

Grant of rest days

17. (1) Subject to the provisions of this Part, every employee who has been
employed by the same employer under a continuous contract shall be granted not
less than 1 rest day in every period of 7 days. (Amended, 71 of 1976,s.3)





(2) Rest days shall be in addition to any statutory holiday, or alternative
holiday or substituted holiday, to which an employee is entitled under sec-
tion 39. (Replaced, 39 of 1973, s. 3)

Appointment of rest days

18. (1) Rest days shall be appointed by an employer and he may appoint
different rest days for different employees. (Amended, 71 of 1976, s. 4)

(2) Subject to subsection (4), every employer shall, before the commence-
ment of every month, inform each employee orally or in writing of his rest days
in that month.

(3) The provisions of subsection (2) shall be deemed to be complied with if
an employer exhibits in a conspicuous place in the place of employment and for
so long as it applies a roster showing the days appointed to be rest days for each
employee during the month.

(4) Subsection (2) shall not apply where rest days are appointed on fixed
days in each period of 7 days on a regular basis. (Amended, 71 of 1976, s. 4)

(5) An employer may, with the consent of his employee, substitute for any
rest day appointed under this section some other rest day-

(a) within the same month and before the rest day so appointed; or

(b) within the period of 30 days next following the rest day so appointed.

Compulsory work on rest days

19. (1) Subject to subsection (2), no employer shall require an employee
to work on any of his rest days.

(2) An employer may require an employee to work on his rest day if it is
necessary to do so by reason of a breakdown of machinery or plant or other
unforeseen emergency of any nature.

(3) An employer shall substitute for any rest day on which an employee is
required to work under subsection (2) some other rest day within the period of
30 days next following, notice of which shall be given to the employee within 48
hours after the employee is so required to work.

Voluntary work on rest days

20. (1) An employee may, at his own request and if the employer agrees,
work for his employer on a rest day.

(2) An employee may, at the request of his employer, work for his
employer on a rest day.

Void conditions

21. Any condition in a contract of employment which makes the payment
of any annual bonus, or any end of year payment or any proportion thereof,
subject to working on rest days granted under this Part shall be void.
(Amended, 48 of 1984, s. 10)
(Part IV added, 23 of 1970, s. 3)





PART IVA

PROTECTION AGAINST ANTI-UNION DISCRIMINATION

Application of Part IVA

21A. (1) Section 21 B shall apply to very employee whether or not he is
employed by way of manual labour and whether or not his wages exceed the amount
specified in section 4(2)(a).

(2) Section 21C shall apply to every person to whom an offer of employment is
made or is about to be made or who otherwise is, or is in the position of, a
prospective employee, whether or not he employment is to be by way of manual
labour and whether or not the wages offered or to be offered exceed the amount
specified in section 4(2)(a).

(Amended, 48 of 1984, s. 11)

Rights of employees in respect of trade union membership
and activities

21B. (1) Every employee shall as between himself and his employer have the
following rights--

(a)the right to be or to become a member or an officer of a trade union
registered under the Trade Unions Ordinance (Cap. 332);

(b)where he is a member or an officer of any such trade union, the right, at
any appropriate time, to take part in the activities of the trade union;

(c)the right to associate with other persons for the purpose of forming or
applying for the registration of a trade union in accordance with the
provisions of the Trade Unions Ordinance.

(2) Any employer, or any person acting on behalf of an employer, who-

(a)prevents or deters, or does any act calculated to prevent or deter, an
employee from exercising any of the rights conferred on him by subsection
(1); or

(b)terminates the contract of employment of, penalizes, or otherwise
discriminates against, an employee by reason of his exercising any such
right,

shall be guilty of an offence and shall be liable on conviction to a fine of

$20,000. (Amended, 24 of 1988, s. 2)

(3) In this section-



appropriate time' means, in relation to an employee taking part in any activities of
a trade union, time which either

(a) is outside his working hours; or

(b)is a time within his working hours at which, in accordance with
arrangements agreed with or consent given by or on behalf of his
employer, it is permissible for him to take part in those activities;





'working hours' means, in relation to an employee, any time when, in accordance
with his contract with his employer, he is required to be at work.

[cf. U.K. 1971 c. 72, s. 5(1), (2), (5)]

Offer of employment conditional on offeree not being member of trade union

21C. Any person who, acting on his own or another's behalf, in the
engagement of persons for employment includes in an offer of employment to any
person a condition or requirement that the person to whom the offer is made shall
undertake

(a)if he is a member or officer of such a trade union, that he will relinquish his
membership thereof or office therein;

(b) not to become a member of, or officer in, such a trade union; or

(c)not to associate with other persons for the purpose of forming or applying
for the registration of a trade union in accordance with the provisions of
the Trade Unions Ordinance (Cap. 332),

shall be guilty of an offence and shall be liable on conviction to a fine of

$20,000. (Amended, 24 of 1988, s. 2)

(Part IVA added, 51 of 1974, s. 3)

PART V

PAYMENT OF WAGES

Wage period

22. The wage period in respect of which wages are payable under a contract of
employment shall, until the contrary is proved, be deemed to be 1 month.

Time of payment of wages

23. Wages shall become due on the expiry of the last day of the wage period
and shall be paid as soon as is practicable but in any case not later than 7 days
thereafter.

Payment on completion

24. Wages of an employee on completion of his contract of employment and
any other sum payable in respect of his contract shall be due to him on the day of
the completion of the contract and shall be paid as soon as is practicable but in any
case not later than 7 days thereafter.

Payment on termination

25. (1) Subject to section 310, where a contract of employment is terminated
any sum due to the employee shall be paid to him as soon as is





practicable and in any case not later than 7 days after the day of termination.

(Amended, 44 of 1971, s. 4 and 67 of 1974, s. 4)

(2) The sum referred to in subsection (1) shall be-

(a)the equivalent of the amount earned by the employee for work done over
the period commencing on the expiry of his wage period next preceding
the time of termination up to that time;

(b)the sum (if any) payable under sections 7 and 33(4B); (Amended, 57 of
1983, s. 4 and 76 of 1985, s. 3)

(ba) and long service payment due to the employee; and (Added, 76 of
1985,s.3)

(e)any other sum due to the employee in respect of his contract of
employment.

(3) In addition to any deduction which may be made under section 32, and
subject to any order made by a court, an employer may deduct from any sum
payable under subsection (1) to an employee who terminates his employment
otherwise than under section 6, 7 or 10 such sum as the employee would have been
liable to pay if he had terminated his employment under section 7. (Replaced, 44of
1971,s. 4. Amended, [4of1975,s.3 and 48of1984,s. 12)

Manner and place of payment of wages

26. (1) Subject to this Ordinance, wages shall be paid on a working day directly
to an employee in legal tender at his place of employment or at any office or other
place customarily used by the employer for the purpose of payment of wages or at
any other place mutually agreed.

(2) With the consent of an employee wages may be paid-

(a) by cheque, money order or postal order;

(b)into an account in his name with any bank licensed under the Banking
Ordinance (Cap. 155); or

(c) to his duly appointed agent.

Payment not to he made in certain places

27. Wages, or any sum due to an employee in respect of his contract of
employment on the completion or termination thereof, shall not be paid

(a) in any place of amusement;

(b)in any place where totalizator or pari mutuel betting is conducted or where
cash-sweeps are organized as authorized under the Betting Duty
Ordinance (Cap. 108);

(c)in any place where intoxicating liquor or any dangerous drug is sold; or

(d) in any shop or store for the retail sale of merchandise,

except where the employee is employed in such place, shop or store.





Remuneration other than wages

28. (1) A contract of employment may provide for giving to an employee
food, accommodation or other allowances or privileges in addition to wages as
remuneration for his services.

(2) No employer shall give to an employee any intoxicating liquor,
dangerous drug, or any ticket or other substitute for ticket for any cash-sweep,
totalizator or pari mutuel authorized under the Betting Duty Ordinance
(Cap. 108) as remuneration for his services.

Prohibition of agreements as to manner of spending

29. No employer shall in any contract of employment or agreement in
consideration of a contract of employment make any provision as to the place
at which, the manner in which, or the person with whom, wages paid to an
employee are to be expended.

Provision of shops, etc. by employers for sale of
commodities to employees

30. An employer may establish shops, stores or places for the sale of
commodities to his employees, but no employer shall bind any employee by
contract, agreement or other obligation, written or oral, express or implied, to
make use of any such shop, store or place for the purchase of commodities.

Employer not to enter into contract of employment without
reasonable belief that he can pay wages

31. (1) No person shall enter into, renew or continue a contract of
employment as an employer unless he believes upon reasonable grounds that he
will be able to pay all wages due under the contract of employment as they
become due.

(2) An employer shall, if he ceases to believe upon reasonable grounds
that he will be able to pay all the wages due by him under a contract of
employment as they become due, forthwith take all necessary steps to terminate
the contract in accordance with its terms.
(Added, 71 of 1970, s. 3)

PART VA

SEVERANCE PAYMENTS

31A. [Repealed, 76 of 1985, s. 41

General provisions as to right to severance payment

31B. (1) Where an employee who has been employed under a continuous
contract for a period of not less than 24 months ending with the relevant
date-(Amended, 76 of 1985, s. 5)





(a) is dismissed by his employer by reason of redundancy; or

(b) is laid off within the meaning of section 31 E,

the employer shall, subject to this Part and Part VC, be liable to pay to the employee
a severance payment calculated in accordance with section 31G. (Amended, 52 of
1988, s. 5)

(2) For the purposes of this Part an employee who is dismissed shall be taken
to be dismissed by reason of redundancy if the dismissal is attributable wholly or
mainly to the fact that

(a)his employer has ceased, or intends to cease, to carry on the business for
the purposes of which the employee was employed by him;

(b)his employer has moved, or intends to move, the place in which the
employee was or is so employed

(i) from the island of Hong Kong to Kowloon or the New Territories; or

(ii) from Kowloon or the New Territories to the island of Hong Kong; or

(e)the requirements of that business for employees to carry out work of a
particular kind in the place where the employee was so employed have
ceased or diminished or are expected to cease or diminish.

(3) For the purposes of the application of this Part to an employee who is
employed as a domestic servant in, or in connection with, a private household, this
Part (except section 31J) shall apply as if the household were a business and the
maintenance of the household were the carrying on of that business by the
employer.

[cf. U.K. 1965 e. 62, ss. 1 ----- 19 (1)

General exclusions from right to severance payment by
reason of dismissal

31C. (1) Except as provided by section 31H, an employee shall not be entitled to
a severance payment by reason of dismissal where his employer, being so entitled
by reason of the employee's conduct, terminates his contract of employment without
notice or payment in lieu in accordance with section 9.

(2) An employee shall not be entitled to a severance payment by reason of
dismissal if, not less than 7 days before the relevant date, the employer has offered
to renew his contract of employment, or to re-engage him under a new contract, so
that

(a)the provisions of the contract as renewed, or of the new contract. as the
case may be, as to the capacity and place in which he would be employed,
and as to the other terms and conditions of his employment, would not
differ from the corresponding provisions of the contract as in force
immediately before his dismissal; and

(b)the renewal or re-engagement would take effect on or before the relevant
date,

and the employee has unreasonably refused that offer.





(3) An employee shall not be entitled to a severance payment by reason of
dismissal if, not less than 7 days before the relevant date, the employer has made
to him an offer in writing to renew his contract of employment, or to re-engage
him under a new contract, so that in accordance with the particulars specified in
the offer the provisions of the contract as renewed, or of the new contract, as the
case may be. as to the capacity and place in which he would be employed, and as
to the other terms and conditions of his employment, would differ (wholly or in
part) from the corresponding provisions of the contract as in force immediately
before his dismissal, but-

(a)the offer constitutes an offer of suitable employment in relation to the
employee;

(b)the offer constitutes an offer of employment no less favourable to the
employee than hitherto; and

(c)the renewal or re-engagement would take effect on or before the
relevant date,

and the employee has unreasonably refused that offer.

(4) Where the relevant date falls on a rest day or holiday, the references in
subsection (2)(a) and subsection (3)(c) to the relevant date shall be construed as
references to the next day after that rest day or holiday.

(5) An employee shall not be entitled to a severance payment by reason of
dismissal where he leaves the service of his employer-

(a)before the expiration of notice given to him by the employer in
accordance with section 6 without the prior consent of the employer;
or

(b)without having made a payment in lieu to the employer in accordance
with section 7.
[cf. U.K. 1965 c. 62, s. 21

Dismissal by employer

31D. (1) For the purposes of and subject to this Part, an employee shall
be taken to be dismissed by his employer if, but only if-

(a)the contract under which he is employed is terminated by the employer
with or without notice or payment in lieu thereof other than in
accordance with section 9;

(b)where under that contract he is employed for a fixed term, that term
expires without being renewed under the same contract; or

(c)the employee, being so entitled by reason of the employer's conduct,
terminates that contract without notice or payment in lieu in accord-
ance with section 10.

(2) An employee shall not be taken for the purposes of this Part to be
dismissed by his employer if-

(a)his contract of employment is renewed, or he is re-engaged by the same
employer under a new contract of employment; and





(b)the renewal or re-engagement takes effect immediately on the ending of
his employment under the previous contract.

(3) For the purposes of the application of subsection (2) to a contract under
which the employment ends on a rest day or holiday, the renewal or re-engagement
shall be treated as taking effect immediately on the ending of the employment under
the previous contract if it takes effect on or before the next day after that rest day or
holiday.

[cf. U.K. 1965 c. 62, s. 31

Lay-off

31E. (1) Where an employee is employed under a contract on such terms
and conditions that his remuneration thereunder depends on his being provided
by the employer with work of the kind he is employed to do, he shall for the
purposes of section 3 113(1) be taken to be laid off where the employer does not
provide such work for him on at least a total of 12 normal working days in any
period of 4 consecutive weeks and whereby he is not entitled to any remuners-
tion under the contract for such period.

Provided that any period during which an employee is not provided with work
because of a lock-out by his employer, or as a result of a rest day or holiday, shall
not be taken into account in determining whether an employee has been laid off.

(2) The continuity of a contract of employment of an employee shall not be
treated as broken by any lay-off as a result of which no severance payment has
been made.

(3) For the purposes of this Part the 'relevant date' in respect of the right of an
employee to a severance payment arising by reason of lay-off means any day on
which the period of 4 consecutive weeks referred to in subsection (1) has expired.

[cf. U.K. 1965 c. 62, s. 5(1)]

Excluded classes of employees

31F. Section 31B shall not apply

(a) where the employer is the husband or wife of the employee;

(b) to any outworker;

(c) [Repealed, 76 of 1985, s. 61

(d)to any person, employed by a government other than the Hong Kong
Government, who is a subject or citizen of the state under whose
government he is employed; or

(e)without prejudice to paragraph (a), to any person in respect of
employment as a domestic servant in, or in connection with, a private
household, where the employer is the father, mother, grandfather,
grandmother, stepfather, stepmother, son, daughter, grandson,
granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-
sister of the employee.

[cf. U.K. 1965 c. 62, s. 161





Amount of severance payment

31G. (1) Subject to the provisions of this Part, the amount of a severance
payment to which an employee is entitled in any case shall be calculated by
allowing

(a)in the case of a monthly rated employee, two-thirds of his last full month's
wages; (Replaced, 39 of 1977, s. 2)

(b)in any other case, 18 days' wages based on any 18 days chosen by the
employee and occurring during his last 30 normal working days, (Replaced,
39 of 1977, s. 2)

for every year (and pro rata as respects an incomplete year) of employment under a
continuous contract by that employer subject in all cases to a maximum payment
not exceeding the total amount of wages earned during the period of 12 months
immediately preceding the relevant date;

Provided that the employee may elect to have his wages averaged over the
period of 12 months immediately preceding the relevant date. (Amended, 19 of
1984,s.2)

(2) Where an employee, who is employed otherwise than by way of manual
labour, is dismissed by reason of redundancy or is laid off and at the time of such
dismissal or lay-off earned wages exceeding $11,500 per month but within a year
prior thereto earned wages for any period not exceeding $11,500 per month, he shall
be entitled to a secerance payment in respect of the whole of the period of
employment during which his wages did not exceed $11,500 per month. (Amended, 29
of 1979, s. 3; 6 of 1981, s. 3; L.N. 174/82; L.N. 325/83; L.N. 419/84; L.N. 121/86 and L.N.
138/87)

(3) For the purposes of this section, the period of employment under a
continuous contract shall not include any such employment occurring more
than 8 years prior to the day* appointed by the Governor pursuant to section
31B(1). (Amended, 39of 1977,s. 2)

(4) [Repealed, 48 of 1984, s. 13]

Special provision as to termination of contract in case
of strike

31H. Where an employee, who has been given notice by his employer to
terminate his contract of employment, takes part in a strike before the expiry of that
notice in such circumstances that the employer is entitled by reason of his taking
part in the strike to treat the contract as terminable without notice, and the employer
for that reason terminates the contract as mentioned in section 31C(I), that
subsection shall not apply to that termination of the contract.

[cf. U.K. 1965 c. 62, s. 101

Set-off of gratuity or provident fund payment against
severance payment

31I. (1) Subject to subsection (2), where an employee is entitled-

*23.8.1974 ----- L.N.183/74.





(a) by virtue of this Part, to a severance payment; and

(b) by virtue of-

(i) the terms of his contract of employment, to a gratuity based upon
length of service; or

(ii) a provident fund scheme or arrangement, to a payment thereunder,

the severance payment shall be reduced by the amount of the gratuity or
provident fund payment (as the case may be) paid to that
employee.

(2) For the purposes of subsection (1), a provident fund payments not include that part (if any)
of the payment which represents a return of an employee's own contributions,
including any sum payable in respect of interest thereon.

Change of ownership of business

31J. (1) This section shall have effect where

(a)a change occurs (whether by virtue of a sale or other disposition or by
operation of law) in the ownership of a business for the purposes of
which a person is employed, or of a part of such a business; and

(b)in connection with that change the person by whom the employee is
employed immediately before the change occurs (in this section referred to
as 'the previous owner') terminates the employee's contract in
accordance with section 6 or 7.

(2) If, by agreement with the employee, the person who immediately after the
change occurs is the owner of the business or of the part of the business in
question, as the case may be (in this section referred to as 'the new owner') renews
the employee's contract of employment (with the substitution of the new owner for
the previous owner) or re-engages him under a new contract of employment, section
3 113(2) shall have effect as if the renewal or re-engagement had been a renewal or re-
engagement by the previous owner (without any substitution of the new owner for
the previous owner).

(3) If the new owner offers to renew the employee's contract of employment
(with the substitution of the new owner for the previous owner) or to re-engage him
under a new contract of employment, but the employee refuses the offer, section 3 1
C (2) or (3) (as the case may be) shall have effect, subject to subsection (4), in
relation to that offer and refusal as it would have had effect in relation to the like
offer made by the previous owner and a refusal of that offer by the employee.

(4) For the purposes of the operation, in accordance with subsection (3), of
section 3 1 C (2) or (3) in relation to an offer made by the new owner

(a)the offer shall not be treated as one whereby the provisions of the
contract as renewed, or of the new contract, as the case may be, would
differ from the corresponding provisions of the contract as in force
immediately before the dismissal by reason only that the new owner would
be substituted for the previous owner as the employer; and





(b)no account shall be taken of that substitution in determining whether the
refusal of the offer was unreasonable.

(5) This section shall have effect (subject to the necessary modifications) in
relation to a case where

(a)the person by whom a business, or part of a business, is owned
immediately before a change is one of the persons by whom (whether as
partners, trustees or otherwise) it is owned immediately after the change;or

(b)the persons by whom a business, or part of a business, is owned
immediately before a change (whether as partners, trustees or otherwise)
include the person or one or more of the persons by whom it is owned
immediately after the change,

as this section has effect where the previous owner and the new owner are wholly
different persons.

(6) Nothing in this section shall be construed as requiring any variation of a
contract of employment by agreement between the parties to be treated as
constituting a termination of the contract.

[cf. U.K. 1965 c. 62, s. 131

Associated companies

31K. (1) Where the employer is a company, any reference in this Part to re-
engagement by the employer shall be construed as a reference to re-engagement by
that company or by any associated company, and any reference in this Part to an
offer made by the employer shall be construed as including a reference to an offer
made by an associated company.

(2) Subsection (1) shall not affect the operation of section 31J in a case where
the previous owner and the new owner (as defined by that section) are associated
companies; and where that section applies, subsection (1) shall not apply.

(3) Where an employee is dismissed by his employer, and the employer is a
company (in this subsection referred to as 'the employing company') which has
one or more associated companies, then if

(a) none of the conditions specified in section 3 1 B(2) is fulfilled;

(b)one or other of those conditions would be fulfilled if the business of the
employing company and the business of the associated company (or, if
more than one, each of the associated companies) were treated as
together constituting one business,

that condition shall for the purposes of this Part be taken to be fulfilled in relation
to the dismissal of the employee.

(4) Where an employee of a company is taken into the employment of another
company which, at the time when he is taken into its employment, is an associated
company of the first-mentioned company, his period of employment at that time
shall count as a period of employment with the associated company, and the change
of employer shall not break the continuity of the period of employment.





(5) For the purposes of this section 2 companies shall be taken to be
associated companies if one is a subsidiary of the other, or both are subsidiaries of
a third company, and 'associated company' shall be construed accordingly.

(6) In this section 'company' and 'subsidiary' have the meanings
respectively assigned thereto by section 2 of the Companies Ordinance (Cap. 32).
(Amended, 76 of 1985, s. 7)

[cf. U.K. 1965 c. 62, s. 481

Implied or constructive termination of contract

31L. (1) Where in accordance with any enactment or rule of law

(a) any act on the part of the employer; or

(b)any event affecting an employer (including, in the case of an individual,
his death),

operates so as to terminate a contract under which an employee is employed by him,
that act or event shall for the purposes of this Part be treated as a termination of the
contract by the employer, if apart from this subsection it would not constitute a
termination of the contract by him.

(2) Where subsection (1) applies, and the employee's contract of employment
is not renewed, and he is not re-engaged under a new contract, as mentioned in
section 3 1 D(2), he shall for the purposes of this Part be taken to be dismissed by
reason of redundancy if the circumstances in which the contract is not renewed and
he is not re-engaged as mentioned in section 31D(2) are wholly or mainly
attributable to one or other of the facts specified in section 3 113(2).

(3) For the purposes of subsection (2), section 31B(2)(a), in so far as it relates
to the employer ceasing or intending to cease to carry on the business, shall be
construed as if the reference to the employer included a reference to any person to
whom, in consequence of the act or event in question, power to dispose of the
business has passed.

(4) In this section any reference to section 31B(2) includes a reference to
section 3 113(2) as applied by section 3 1 J(2).

[cf. U.K. 1965 c. 62, s. 221

Death of employer or of employee

31M. Part 1 of the Third Schedule shall have effect in relation to the death of an
employer; and Part 11 of that Schedule shall have effect in relation to the death of
an employee.

[cf. U.K. 1965 c. 62, s. 23]

Claims for severance payments

31N. Notwithstanding anything in this Part, an employee shall not be entitled
to a severance payment unless, before the end of the period of 3 months beginning
with the relevant date, or within such extended period as the

Commissioner may agree- (Amended, 19 of 1984, s. 3)





(a) the payment has been agreed and paid;

(b)the employee has made a claim for payment by notice in writing given to
the employer; or

(c)a question as to the right of the employee to the payment, or as to the
amount of the payment, has been made the subject of a claim filed with the
Registrar of the Labour Tribunal in accordance with Part IV of the Labour
Tribunal Ordinance (Cap. 25).

[cf. U.K. 1965 c. 62, s. 211

Making of severance payment

310. (1) Where an employee is entitled to a severance payment under this Part,
his employer shall make the severance payment to him not later than 2 months from
the receipt of a notice in accordance with paragraph (b) of section 31N unless either
the employer or the employee has, before the expiration of that period, made the
severance payment the subject of a claim filed with the Registrar of the Labour
Tribunal in accordance with paragraph (c) of section 3 IN.

(2) A severance payment shall be made in legal tender except that, where the
employee so consents, payment may be made

(a) by cheque, money order or postal order.,

(b)into an account in his name with any bank licensed under the Banking
Ordinance (Cap. 155); or

(c) to his duly appointed agent.

(3) Any employer who without reasonable excuse fails to comply with
subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to
a fine of $10,000. (Amended, 24 of 1988, s. 2)

Written particulars of severance payment

31P. (1) On making any severance payment, otherwise than in pursuance of a
decision of the Labour Tribunal which specifies the amount of the payment to be
made, the employer shall give to the employee a written statement indicating how
the amount of the payment has been calculated.

(2) Any employer who-

(a) without reasonable excuse fails to comply with subsection (1); or

(b)in a statement under that subsection includes anything which to his
knowledge is false in a material particular, or recklessly includes anything
which is false in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine of $5,000.
(Amended, 24 of 1988, s. 2)

(3) Without prejudice to any proceedings for an offence under subsection
(2)(a), if an employer fails to comply with the requirements of subsection (1), the
employee may by notice in writing to the employer require the employer to give





to the employee a written statement complying with those requirements within such
period (not being less than 1 week beginning with the day on which the notice was
given) as may be specified in the notice.

(4) If, without reasonable excuse, an employer fails to comply with a notice
under subsection (3) he shall be guilty of an offence and shall be liable

(a) in the case of a first conviction to a fine of $5,000; or

(b)in the case of a second or subsequent conviction, to a fine of $10,000.
(Amended, 24 of 1988, s. 2)

[cf. U.K. 1965 c. 62,
s. 18

Presumption

31Q. For the purposes of this Part an employee who has been dismissed by his
employer shall, unless the contrary is proved, be presumed to have been so
dismissed by reason of redundancy.

[cf. U.K. 1965 c. 62, s. 9
(2)
(Part VA added, 67 of 1974, s.
5)

PART VB

LONG SERVICE
PAYMENTS

General provisions as to employee's right to long service
payment

31R. (1) Where an employee who has been employed under a continuous contract


(a) for not less than the number of years of service at the relevant date,
specified in column 2 of the table in the Fifth Schedule opposite his age at
that date specified in column 1 of that table

(i) is dismissed and his employer is not liable to pay him a severance
payment by reason thereof; or

(ii) terminates his contract in the circumstances specified in section
10(aa); or

(b)terminates his contract and, at the relevant date, he is not less than 65
years of age and has been employed under that contract for not less than
10 years,

the employer shall, subject to this Part and Part VC, pay to the employee a long
service payment calculated in accordance with section 3 IV.

(Replaced, 52 of 1988, s.
6)

Death of employee

31RA. (1) Where an employee dies and he had been at the time of his death
employed under a continuous contract for not less than the number of years of
service on the date of his death, specified in column 2 of the table in the Fifth
Schedule, opposite his age at that date specified in column 1 of that table,





the employer shall, subject to this Part and Part VC, pay a long service payment
calculated in accordance with section 3 IV to-

(a) the spouse of the employee, if the employee leaves a spouse; or

(b)the issue of the employee, if the employee leaves any issue but no
spouse; or

(c)a parent of the employee, if the employee leaves neither a spouse nor
issue; or

(d)the personal representative of the employee, if the employee does not
leave any spouse, issue or parent.

(2) A person referred to in paragraph (a), (b), (c) or (d) of subsection (1)
shall not be entitled to such payment unless-

(a)that person serves an application in the form specified by the Commis-
sioner under section 49 on the relevant employer within the period of
30 days beginning on the day next following the date of death of the
employee or within such extended period as the Commissioner may
allow; and

(b)the applicant's relationship (being a relationship mentioned in para-
graph (a), (b), (c) or (d) of subsection (1)) to the deceased employee
is supported by documentary evidence.

(3) The Commissioner may extend the time for serving an application
under subsection (2) although the application for extension is not made until
after the expiration of the period of 30 days after the date of death of an
employee.

(4) Where a person referred to in paragraph (a) or (b) of subsection (1) is a
minor, the application under subsection (2) shall be made by the guardian of
that person.

(5) Where a person is entitled to a long service payment under this section,
the employer shall pay such person the long service payment to which he is
entitled-

(a)where the person so entitled is a spouse, not later than 7 days after the
receipt of the application; or

(b)where the person so entitled is not a spouse, not earlier than the day
(hereinafter in this paragraph called 'the said day') next following the
date of expiration of the period which, as regards the particular case,
was the period during which an application under subsection (2)(a)
could be served but not later than 7 days after the said day.

(6) An employer who without reasonable excuse fails to pay a long service
payment on or before the latest date for payment as required by subsection (5)
shall be guilty of an offence and shall be liable on conviction to a fine of 520,000.

(7) Where 2 or more persons are entitled to a long service payment under
this section, the long service payment shall be divided equally between such
persons.

(8) A long service payment is payable in accordance with this Part by an
employer on the death of an employee from whatever cause and is payable in





addition to any compensation payable by the employer under the Employees'
Compensation Ordinance (Cap. 282).

(Added, 52 of 1988, s. 6)

Application to domestic servants

31RB. This Part (except section 31Z) shall apply to an employee who is
employed as a domestic servant in, or in connection with, a private household as if
the household were a business and the maintenance of the household were the
carrying on of that business by the employer.

(Added, 52 of 1988, s. 6)

General exclusions from right to long service payment by
reason of dismissal

31S. (1) Except as provided by section 31X, an employee shall not be entitled to
a long service payment by reason of dismissal where his employer, being so entitled
by reason of the employee's conduct, terminates his contract of employment without
notice or payment in lieu in accordance with section 9.

(2) An employee shall not be entitled to a long service payment by reason of
dismissal where he leaves the service of his employer--

(a)before the expiration of notice given to him by the employer in accordance
with section 6 without the prior consent of the employer; or

(b)without having made a payment in lieu to the employer in accordance with
section 7.

Dismissal by employer

31T. (1) For the purposes of and subject to this Part, an employee shall be
taken to be dismissed by his employer if, but only if

(a)the contract under which he is employed is terminated by the employer
with or without notice or payment in lieu thereof other than in accordance
with section 9;

(b)where under that contract he is employed for a fixed term, that term expires
without being renewed under the same contract; or

(c)the employee, being so entitled by reason of the employer's conduct,
terminates that contract without notice or payment in lieu in accordance
with section 10.

(2) An employee shall not be taken for the purposes of this Part to be
dismissed by his employer if

(a)his contract of employment is renewed, or he is re-engaged by the same
employer under a new contract of employment; and

(b)the renewal or re-engagement takes effect immediately on the ending of
his employment under the previous contract.





(3) For the purposes of the application of subsection (2) to a contract under
which the employment ends on a rest day or holiday, the renewal or re-engagement
shall be treated as taking effect immediately on the ending of the employment under
the previous contract if it takes effect on or before the next day after that rest day or
holiday.

Excluded classes of employees

31U. Sections 31R and 31RA shall not apply- (Amended, 52 of 1988, s. 7)

(a) where the employer is the husband or wife of the employee;

(b) to any outworker;

(c)to any person, employed by a government other than the Hong Kong
Government, who is a subject or citizen of the state under whose
government he is employed; or

(d)without prejudice to paragraph (a), to any person in respect of
employment as a domestic servant in, or in connection with, a private
household, where the employer is the father, mother, grandfather,
grandmother, stepfather, stepmother, son, daughter, grandson,
granddaughter, stepson, stepdaughter, brother, sister, half-brother or
halfsister of the employee.

Amount of long service payment

31V. (1) Subject to this Part, the amount of a long service payment to which an
employee aged not less than 40 years at the relevant date is entitled in any case shall
be calculated by allowing--

(a)in the case of a monthly rated employee, two-thirds of his last full month's
wages; and

(b)in any other case, 18 days wages based on any 18 days chosen by the
employee and occurring during his last 30 normal working days,

for every year (and pro rata as respects an incomplete year) of employment under
a continuous contract by his employer subject in all cases to a maximum payment
not exceeding the total amount of wages earned during the period of 12 months
immediately preceding the relevant date;

Provided that the employee may elect to have his wages averaged over the
period of 12 months immediately preceding the relevant date.

(2) Subject to this Part, the amount of a long service payment to which an
employee, other than an employee referred to in subsection (1), is entitled is

(a)in the case of an employee aged at the relevant date 36 years or more but
less than 40 years, 75% of the long service payment to which he would
have been entitled if subsection (1) applied; and

(b)in the case of an employee aged at the relevant date less than 36 years,
50% of the long service payment to which he would have been entitled if
subsection (1) applied.





(3) Subject to this section and section on 31W, where an employee, who is
employed under a continuous contract otherwise than by way of manual labour, is
dismissed and--

(a) at the time of such dismissal earned wages exceeding $11,500 per
month but within a year prior to dismissal earned wages for any period not
exceeding $11,500 per month; and

(b)the employee would have been entitled to a long service payment had he
earned wages not exceeding $11,500 per month at the time of such dismissal,

he shall be entitled to a long service payment in respect of the whole of the
period of employment during which his wages did not exceed $11,500 per
month. (Added, 52 of 1988, s. 8)

Calculation of period of employment

31W. For the purposes of this Part, a reference to the period of employmerit
under a continuous contract shall not include a reference to any such employment
occurring more than

(a) 6 years prior to 1 January 1986, where the relevant date occurs in 1986;
(b) 7 years prior to 1 January 1986, where the relevant date occurs in 1987;
(c) 8 years prior to 1 January 1986, where the relevant date occurs in 1988;

and

(d)9 years prior to 1 January 1986, where the relevant date occurs in 1989 or
any year thereafter.

Special provision as to termination of contract in case of
strike

31X. Where an employee, who has been given notice by his employer to
terminate his contract of employment, takes part in a strike before the expiry of that
notice in such circumstances that the employer is entitled by reason of his taking
part in the strike to treat the contract as terminable without notice, and the employer
for that reason terminates the contract without notice or payment in lieu in
accordance with section 9. section 31S shall not apply to that termination of the
contract.

Set-of of gratuity or provident fund payment against long
service payment

31Y. (1) Subject to subsection (2), where an employee is entitled

(a) by virtue of this Part, to a long service payment; and

(b) by virtue of-

(i) the terms of his contract of employment, to any gratuity based
upon length of service; or
(ii) a provident fund scheme or arrangement, to any payment
thereunder,





the long service payment shall be reduced by the total sum of the amounts of all
the gratuities or provident fund payments, as the case may be, paid to
that employee in respect of any or all of the years of service in respect of which that
long service payment is payable.

(2) For the the purposes of subsection (1), any reference therein to a pro-
vident fund payment shall not include that part, if any, of the payment which
represents a return of an employee's own contributions, including any sum payable
in respect of interest thereon. (Amended, 52 of 1988, s. 9)

Gratuities or provident fund payment on death of employee

31YA. (1) Subject to subsection (2), where an employee dies and

(a)by virtue of this Part, a person is entitled to a long service payment; and

(b) by virtue of-

(i) the terms of the employee's contract of employment, a gratuity
based upon length of service; or

(ii) a provident fund scheme or arrangement, any payment there-
under,

is payable upon termination of employment,

the total sum of the amounts of all the gratuities or provident fund payment, as the case may be, in relation to the
years of service in respect of which that long service payment is payable may be
reduced by the total amount of the long service payment.

(2)For the purposes of subsection (1), any reference therein to a provident
fund payment shall not include that part, if any, of the payment which
represents a return of an employee's own contributions, including any sum payable
in respect of interest thereon.

(Added, 52 of 1988, s. 10)

Change of ownership of business

31Z. (1) This section shall have effect where

(a)a change occurs (whether by virtue of a sale or other disposition or by
operation of law) in the ownership of a business for the purposes of which
a person is employed, or of a part of such a business; and

(b)in connection with that change the person by whom the employee is
employed immediately before the change occurs (in this section referred to
as 'the previous owner') terminates the employee's contract in accordance
with section 6 or 7.

(2) If, by agreement with the employee, the person who immediately after the
change occurs is the owner of the business or of the part of the business in
question, as the case may be, (in this section referred to as 'the new owner') renews
the employee's contract of employment (with the substitution of the new owner for
the previous owner) or re-engages him under a new contract of employment, section
3 1 T(2) shall have effect as if the renewal or re-engagement had been a renewal or re-
engagement by the previous owner (without any substitution of the new owner for
the previous owner).





(3) This section shall have effect (subject to the necessary modifications) in
relation to a case where

(a)the person by whom a business, or part of a business, is owned
immediately before a change is one of the persons by whom (whether as
partners, trustees or otherwise) it is owned immediately after the
change;or

(b)the persons by whom a business, or part of a business, is owned
immediately before a change (whether as partners, trustees or otherwise)
include the person or one or more of the persons by whom it is owned
immediately after the change,

as this section has effect where the previous owner and the new owner are wholly
different persons.

(4) Nothing in this section shall be construed as requiring any variation of a
contract of employment by agreement between the parties to be treated as
constituting a termination of the contract.

Associated companies

31ZA. (1) Where the employer is a company, any reference in this Part to re-
engagement by the employer shall be construed as a reference to reengagement by
that company or by any associated company.

(2) Subsection (1) shall not affect the operation of section 31Z in a case where
the previous owner and the new owner (as defined by that section) are associated
companies; and where that section applies, subsection (1) shall not apply.

(3) Where an employee of a company is taken into the employment of another
company which, at the time when he is taken into its employment, is an associated
company of the first-mentioned company, his period of employment at that time
shall count as a period of employment with the associated company, and the change
of employer shall not break the continuity of the period of employment.

(4) For the purposes of this section, 2 companies shall be taken to be
associated companies if one is a subsidiary of the other, or both are subsidiaries of
a third company, and 'associated company' shall be construed accordingly.

(5) In this section 'company' and 'subsidiary' have the meanings
respectively assigned thereto by section 2 of the Companies Ordinance (Cap. 32).

Implied or constructive termination of contract

31ZB Where in accordance with any enactment or rule of law

(a) any act on the part of the employer; or

(b)any event affecting an employer (including, in the case of an individual,
his death),





operates so as to terminate a contract under which an employee is employed by
him, that act or event shall for the purposes of this Part be treated as a termination
of the contract by the employer, if apart from this section it would not constitute a
termination of the contract by him.

Death of employer

31ZC. The Sixth Schedule shall have effect in relation to the death of an
employer.

(Replaced, 52 of 1988, s. 11)

Making of long service payment

31ZD. (1) A long service payment shall be made in legal tender except that,
where the person entitled to the payment so consents, payment may be made-
(Amended, 52 of 1988, s. 12)

(a) by cheque, money order or postal order;

(b)into an account in his name with any bank licensed under the Banking
Ordinance (Cap. 155); or

(c) to his duly appointed agent.

(2) Any employer who without reasonable excuse fails to comply with
subsection (1) commits an offence and is liable to a fine of $10,000. (Amended, 24 of
1988, s. 2)

Written particulars of long service payment

31ZE. (1) On making any long service payment, the employer shall give to the
person entitled to the payment a written statement indicating how the amount of the
payment has been calculated. (Amended, 52 of 1988, s. 13)

(2) Any employer who-

(a) without reasonable excuse fails to comply with subsection (1); or

(b)in a statement under that subsection includes anything which to his
knowledge is false in a material particular, or recklessly includes anything
which is false in a material particular,

commits an offence and is liable to a fine of $5,000. (Amended, 24 of 1988,s.2)

(3) Without prejudice to any proceedings for an offence under subsection
(2)(a), if an employer fails to comply with the requirements of subsection (1), the
person entitled to the payment may by notice in writing to the employer require the
employer to give to the person entitled to the payment a written statement
complying with those requirements within such period (not being less than 1 week
beginning with the day on which the notice was given) as may be specified in the
notice. (Amended, 52 of 1988, s, 13)

(4) If, without reasonable excuse, an employer fails to comply with a notice
under subsection (3) he commits an offence and is liable





(a) in the case of a first conviction, to a fine of $5,000; or

(b) in the case of a second or subsequent conviction, to a fine of
$10,000. (Amended, 24 of 1988, s. 2)
(Part VB added, 76 of 1985, s. 8)

PART VC

SUPPLEMENTARY PROVISIONS TO PARTS VA AND VB

Re-employment after retirement at a specified age

31ZF. (1) Subject to subsection (2), where a continuous contract of
employment specifies an age of retirement and

(a) the employee retires at that age; and
(b) the employee has been employed under that contract for not less than
the number of years of service, ending at the relevant date, specified in
column 2 of the table in the Fifth Schedule opposite his age at the
relevant date specified in column 1 of that table; and
(c) he receives in relation to the years of service in respect of which long
service payment would have been payable, had the employee been
dismissed at the relevant date,-
(i) by virtue of the terms of his contract of employment, any
gratuity based upon length of service; or
(ii) by virtue of a provident fund scheme or arragnement, any
payment thereunder; and

(d)the total sum he receives under paragraph (c) is not less than the long
service payment to which he would have been entitled had he been
dismissed at the relevant date; and

(e)immediately after his retirement, the employee is re-employed by the person
by whom he was employed immediately before his retirement,

then for the purposes of Parts VA and VB of this Ordinance, the employment after
retirement shall be regarded as a fresh employment.

(2) For the purposes of subsection (1), any reference therein to a pro-
vident fund payment shall not include that part, if any, of the payment which
represents a return of an employee's own contributions, including any sum
payable in respect of interest thereon.

(Part VC added, 52 of 1988, s. 14)

PART VI

DEDUCTIONS FROM
WAGES

Restriction on deductions from wages

32. (1) No deductions shall be made by an employer from the wages of his
employee or from any other sum due to the employee otherwise than in accordance
with this Ordinance.





(2) The following deductions may be made by an employer from the wages of
his employee

(a) deductions for absence from work:

Provided that-

(i) in the case of a contract of employment under which wages are
calculated on a basis of time, no such deduction shall exceed a sum
proportionate to the period of time during which the employee was absent
from work;

(ii) no such deduction shall be made for the purpose of defraying or
partly defraying the cost of holiday pay or sickness allowance which the
employer has paid or may be or may become liable to pay to the employee;
(Replaced, 39 of 1973, s. 4)

(b)deductions for damage to or loss of goods, equipment or property
belonging to or in the possession or control of the employer or expressly
entrusted to an employee for custody, or for loss of money for which an
employee is required to account, where such damage or loss is directly
attributable to his neglect or default:

Provided that-

(i) the total amount recoverable by deduction in any one case shall not
exceed the equivalent in value of the damage or loss suffered by the
employer or $300, whichever is the less; and

(ii) the total of such deductions in any one wage period shall not exceed
one quarter of the wages payable to the employee in respect of that wage
period;

(c)deductions in respect of meals supplied by the employer at the request of
the employee not exceeding the cost to the employer of such meals
including expenses of production and service;

(d)deduction for accommodation provided by the employer for the employee
or his family made in respect of the period such accommodation has been
in the occupation of the employee or his family;

(e)deductions for the recovery of any advance or over-payment of wages
made by the employer to the employee:

Provided that-

(i) except with the approval in writing of the Commissioner, no such
deductions shall be made by way of discount, interest or any similar
charge in consideration of such advance or over-Payment; and

(ii) the total of such deductions in any one wage period shall not exceed
one quarter of the wages payable to the employee in respect of that wage
period;

(f)deductions, with the written consent of an employee, for the recovery of
any loan made by the employer to the employee;

(g)deductions made at the request in writing of the employee in respect of
contributions to be paid by him through the employer for the purpose
of any medical benefit scheme, superannuation scheme, provident fund or thrift scheme
lawfully established for the benefit of the employee or his dependants;










(h)deductions which are required or authorized under any enactment to be
made from the wages of an employee;

(i)other deductions made at the request in writing of the employee and with
the approval of the Commissioner, which may be signified in respect of
any particular case in writing or in general by notice in the Gazette.

(3) Except with the approval in writing of the Commissioner, the total of all
deductions, excluding deductions in respect of absence from work, made under this
section from the wages of an employee in any one wage period shall not exceed one
half of the wages payable to the employee in respect of the wage period.

(4) Nothing in this section shall be construed as preventing an employer from
paying to an employee at any time before the due date the amount of wages and
other remuneration proportionate to work done and adjusting any amount so paid
against the total amount payable at the end of the wage period.

PART VII

SICKNESS ALLOWANCE

Sickness allowance

33. (1) An employee who has been employed by his employer under a
continuous contract for a period of 1 month or more immediately preceding a
sickness day shall be paid by his employer sickness allowance in accordance with
this section and section 35. (Amended, 1 of 1977, s. 2 and 48 of 1984, s.14)

(2) Subject to subsection (2A), an entitlement to sickness allowance shall
accrue at the rate of

(a)2 paid sickness days for each completed month of the employee's
employment under the continuous contract with his employer during the
first 12 months of such employment; and

(b) 4 paid sickness days for each such month thereafter,

and may be accumulated from time to time up to a maximum of 120 paid sickness
days. (Replaced, 57 of 1983, s. 5)

(2A) In the case of an employee who has been employed by his employer
under a continuous contract for a period of 1 month or more immediately preceding
the commencement* of the Employment (Amendment) Ordinance 1983 (57 of 1983),
the employee's entitlement to sickness allowance shall, with effect from and without
prejudice to the entitlement to sickness allowance accrued at such commencement,
accrue at the rate prescribed by subsection (2) as amended by that Ordinance, and
his employment for part of a month (if any) at such commencement shall be taken
into account in calculating his entitlement to sickness allowance under and at the
rate prescribed by that subsection. (Added, 57 of 1983, s. 5)

*1.11.1983 -L.N. 349183.





(3) Subject to subsection (3C), an employee who takes less than 4 consecutive
days as sickness days shall not be entitled to be paid sickness allowance in respect
thereof. (Amended, 22 of 1981, s. 7)

(3A) Where a female employee who is pregnant or who has given birth to a
child and who is required to attend a medical examination in relation to her
pregnancy or post confinement medical treatment, any day on which she is absent
from work for such examination or treatment shall be a sickness day. (Added, 22 of
1981, s. 7)

(3B) Where a female employee suffers a miscarriage, any day on which she is
absent from work by reason of such miscarriage shall be a sickness day. (Added, 22
of 1981, s. 7)

(3C) A female employee who has an entitlement to a sickness allowance under
this section shall, notwithstanding subsection (3), be paid sickness allowance for
every sickness day under subsection (3A) or (3B) and subsections (4), (4A), (5),
(5A) and (7) shall apply to any such sickness day and sickness allowance in respect
thereof. (Added, 22 of 1981, s. 7. Amended, 57 of 1983, s.5)

(4) Subject to subsections (5) and (5A), an employee who takes 4 or more
consecutive days as sickness days shall be entitled to be paid sickness allowance
for the total number of sickness days taken by him, but not exceeding the number of
paid sickness days accumulated by him, under subsections (2) and (M), immediately
before the commencement of the sickness days taken. (Replaced, 57 of 1983, s. 5)

(4A) The number of sickness days in respect of which an employee has been
paid sickness allowance under subsection (4) shall be deducted in accordance with
section 37(1B) from the total number of paid sickness days accumulated by him.
(Added, 57 of 1983, s. 5)

4B No employer shall terminate a contract of employment of an employee under
section 6 or 7 on any sickness day taken by the employee in respect of which
sickness allowance is payable under this section unless he pays to the employee

(a)the sum which would have been payable if the contract had been
terminated by the employer under section 7; and

(b)a further sum equivalent to the amount of wages which would have
accrued to the employee during a period of 7 days. (Added, 57 of
1983,s.5)

(4C) Where an employer terminates a contract of employment of an employee
on any sickness day taken by the employee, the employer shall, notwithstanding the
termination of the contract of employment, pay to the employee sickness allowance
for the total number of sickness days in respect of which the employee would have
been entitled to be paid sickness allowance under subsection (4), and subsections
(5), (5A) and (7) shall apply to any such sickness day and sickness allowance in
respect thereof as if the contract of employment had not been terminated. (Added,
57 of 1983, s. 5)

(5) An employer shall not be liable to pay sickness allowance to an employee
in respect of any sickness day





(a)subject to subsection (5A), unless such day is a day specified in the
appropriate medical certificate as a day on which, in the opinion of the
medical practitioner by whom the certificate is issued, the employee was,
is or will be, as the case may be, unfit for work on account of sickness or
injury; (Amended, 57 of 1983, s. 5)

(b)if, where the employer is operating a recognized scheme of medical
treatment, the employee, at any time during the sickness or injury, unless
he is a patient in a hospital, refuses without reasonable excuse to submit
himself for treatment by the medical practitioner employed by the
employer for the purposes of the scheme; (Amended, 57 of 1983,s.5)

(c)if, where the employer is operating a recognized scheme of medical
treatment, the employee, having submitted himself for treatment by the
medical practitioner employed by the employer for the purposes of the
scheme or being a patient in a hospital, at any time during the sickness or
injury, without reasonable excuse, disregards the advice of such medical
practitioner or the advice of the medical practitioner by whom he is being
attended in the hospital; (Amended, 57 of 1983, s. 5)

(d)if the unfitness for work of the employee is caused by his serious and
wilful misconduct;

(e)if the unfitness for work of the employee is on account of an injury or
occupational disease in respect of which compensation is payable in
accordance with the Employees' Compensation Ordinance (Cap. 282);

in respect of which the employee has received holiday pay.

(5A) Where an employee takes paid sickness days entered in category 2 of the
record kept in respect of him under section 37(1A), he shall, if so required by his
employer, produce to the employer, in respect of each such sickness day, a medical
certificate that is issued by a medical practitioner attending the employee as an out-
patient or in-patient in a hospital. (Added, 57 of 1983, s.5)

(6) For the purposes of this section-

(a)the expression 'hospital' means a hospital or specialist clinic maintained
by the Crown or a hospital in respect of which a person is registered under
the Hospitals, Nursing Homes and Maternity Homes Registration
Ordinance (Cap. 165);

(b)in subsection (5)(a), the expression 'appropriate medical certificate'
means

(i) where, on the day on which the certificate is issued, the employer is
operating a recognized scheme of medical treatment, a certificate issued
by the medical practitioner employed by the employer for the purposes of
the scheme;

(ii) where, on the day on which the certificate is issued, the employee is
a patient in a hospital, a certificate issued by the medical practitioner
attending the employee in the hospital;

(iii) in any other cases, a certificate issued by any medical practi

tioner.(Replaced, 57 of 1983, s. 5)





(7) Every medical certificate shall, in addition to specifying the number of days
on which, in the opinion of the medical practitioner by whom it is issued, the
employee was, is or will be, as the case may be, unfit for work, specify the nature of
the sickness or injury on account of which, in the opinion of the medical practitioner,
the employee was, is or will be, as the case may be, unfit for work and, in the case of
a medical certificate produced by an employee for the purposes of subsection (5A),
the medical certificate shall, if so required by his employer, contain or be
accompanied by a brief record of the investigation carried out and the treatment
prescribed by the medical practitioner. (Amended, 57 of 1983, s. 5)

Recognized scheme of medical treatment

34. (1) The Director may recognize for the purposes of this Ordinance a scheme
of medical treatment operated by an employer, if he is satisfied that each employee,
who is qualified to be paid sickness allowance by the employer by whom the
scheme is operated, is provided, without expense to the employee, by a medical
practitioner with such medical treatment as an out-patient as the Director considers
reasonable.

(2) The Director may, having given to the employer by whom the scheme is
operated not less than 1 month's notice of his intention so to do, withdraw his
recognition of any scheme of medical treatment.

(3) Whenever the Director has recognized, or has withdrawn his recognition of,
any scheme of medical treatment, he shall publish a notice thereof in the Gazette.

Rate of sickness allowance

35. (1) Subject to subsection (3), the daily rate of sickness allowance shall be a
sum equivalent to two-thirds of the wages which the employee would have earned if
he had worked on the sickness day. (Amended, 48 of 1984, s. 15)

(2) Notwithstanding subsection (1) and subject to subsection (3), where an
employee is employed on piece rates or where the daily wages of an employee vary
from day to day, the sickness allowance shall be a sum equivalent to two-thirds of
the average daily wage earned by the employee, and for the purposes of this
subsection the average daily wage shall be the average of the daily wages earned
by the employee on each day on which he worked during every complete wage
period, comprising not less than 28 days and not more than 31 days, immediately
preceding or expiring on the first sickness day. (Replaced, 48 of 1984, s. 15)

(3) Where a contract of employment of an employee is terminated, sickness
allowance payable under section 33(4C) shall be calculated in accordance with
subsection (1) or (2) whichever is applicable to the employee at the time his contract
of employment is terminated. (Added, 48 of 1984, s. 15)

(Amended, 1 of 1977, s. 3)

Time for payment of sickness allowance

36. (1) Except in the case of an employee who is normally paid his wages daily,
sickness allowance shall be paid to the employee or his duly appointed agent in the
manner and at the place specified in section 26 not later than the day on which the
employee is next paid his wages.





(2) In the case of an employee who is normally paid his wages daily, sickness
allowance shall be paid to him or his duly appointed agent in the manner and at the
place specified in section 26 at least once in every 7 days.

(3) Where a contract of employment of an employee is terminated, sickness
allowance payable under section 33(4Q shall be paid to that employee in accordance
with subsection (1) or (2) whichever is applicable to the employee as if the contract
of employment had not been terminated. (Added, 48 of 1984,s.16)

Employer to keep record of sickness days

37. (1) Every employer shall keep a record-

(a)of the date of commencement and termination of the employment of each
employee;

(b)in accordance with subsection (1A), of all paid sickness days accumulated
by each employee under section 33;

(c)of all paid sickness days taken by each employee in respect of which
sickness allowance is payable under section 33, and such sickness days
shall be deducted in accordance with subsection (111); and

(d)of all sickness allowance paid to each employee and the sickness days in
respect of which the sickness allowance was paid. (Replaced, 57 of 1983,s.6)

(1A) A record kept for the purposes of subsection (1)(b) shall contain the
following heads and details--
Category 1:in which shall be entered the number of paid sickness days
accumulated by an employee

(a) under section 33(2A); and

(b) in respect of each month under section 33(2),

but so however that the total number of paid sickness days in
this category does not at the time of entry exceed 36 days; and
Category 2:in which shall be entered every paid sickness day in excess of 36
days which cannot be entered in category 1, but so however
that the total number of paid sickness days in this category does
not at the time of entry exceed 84 days,

and references in this section to category 1 and category 2 shall be construed as
references to category 1 and category 2 respectively in this subsection. (Added, 57 of
1983, s. 6)

(IB) The number of paid sickness days taken consecutively by an employee
shall be deducted from the total number of paid sickness days in category 1
accumulated by him immediately before the commencement of those sickness days
and where the number of paid sickness days taken exceeds the total number of paid
sickness days in that category, the excess paid sickness days shall be deducted
from the total number of paid sickness days in category 2 accumulated by him
immediately before such commencement. (Added, 57 of 1983,s.6)





(2) If an employer maintains a record under subsection (1)--

(a)an employee who returns to work after a sickness day shall, as soon as is
practicable but not later than 7 days after his return to work, sign the entry
in the record specifying the days on which he has been absent;

(b)an employee shall be entitled to inspect that part of the record which
relates to him at any reasonable time during working hours and, where an
employee has ceased to be employed by his employer, he may inspect that
part of the record which relates to him at any reasonable time during
working hours in the period of 2 months next following the date on which
he ceased to be employed.

(3) If an employer fails to maintain the record under subsection (1) in respect of
any employee employed by him, or if the record is lost or destroyed, the employee
shall, notwithstanding any sickness allowance paid to him by his employer under
section 33, be entitled to paid sickness days for each completed month of his
employment in accordance with section 33. (Amended, 57 of 1983,s.6)

Records to he produced to Commissioner

38. For the purposes of section 37, the Commissioner may, either by notice in
writing served by registered post or by notice in the Gazette, require any employer
or class of employers to send to him all or any records of sickness days in respect of
any period not exceeding 2 years preceding the date of the notice.

(Part VII added, 39 of 1973, s. 5)

PART VIII

HOLIDAYS WITH PAY

Grant of holidays

39. (1) Subject to subsections (2) and (3), an employee shall be granted a
holiday by his employer on each of the following days

(a)Lunar New Year's Day or, if Lunar New Year's Day or the second or third
day of Lunar New Year falls on a Sunday, then the day immediately
preceding Lunar New Year's Day; (Amended, 27 of 1982,s.2)

(b) the second day of Lunar New Year;

(c) the third day of Lunar New Year;

(d) Ching Ming Festival;

(e) Tuen Ng (*IF, Dragon Boat) Festival;

(f)the day following the Chinese Mid-Autumn Festival or, if that day falls
on a Sunday, the Chinese Mid-Autumn Festival

Day;(Amended, 27 of 1982, s. 2);





(g) the Chung Yeung Festival;

(h) the Chinese Winter Solstice Festival or Christmas Day, at
the option of the employer; and

(i) the first day of January. (Replaced, 53 of 1976, s. 2)

(2) An employer may, instead of granting an employee a holiday on a statutory
holiday, grant the employee a holiday on another day (which is not a statutory
holiday or a substituted holiday) within the period of 60 days immediately preceding
or next following the statutory holiday, if the employer has notified the employee,
either orally or in writing or by notice posted in a conspicuous place in the place of
employment, of the day on which he will be granted the holiday

(a)where the holiday is to be taken on a day within the period of 60 days
immediately preceding the statutory holiday, not less than 48 hours before
that day; or

(b)where the holiday is to be taken on a day within the period of 60 days next
following the statutory holiday, not less than 48 hours before the
statutory holiday.

(3) Subject to subsection (4), an employer and his employee may agree that
another day shall be substituted for a statutory holiday or an alternative holiday or,
in the case of a female employee or an employee who is a young person, a day on
which, by virtue of subsection (4), the employee is required to be granted a holiday,
if such substituted holiday falls within the period of 30 days of such statutory
holiday, alternative holiday or holiday under subsection (4). (Amended, 27 of 1982,
s. 2)

(4) Where-

(a)a statutory holiday or an alternative or a substituted holiday falls on a rest
day, or in the case of a female employee or an employee who is a young
person, on a day on which, by virtue of the Women and Young Persons
(Industry) Regulations (Cap. 57, sub. leg.), the employment of the
employee in an industrial undertaking is not allowed, the employee shall
be granted a holiday on the next day thereafter which is not a statutory
holiday or an alternative holiday or a substituted holiday or a rest day; or

(b)a statutory holiday falls on the Monday immediately following the
birthday of Her Majesty The Queen or on the last Monday in August an
employee shall be granted a holiday on the next day thereafter. (Replaced,
27 of 1982, s. 2. Amended, 33 of 1984, s. 2)

(5) In addition to the holidays granted by subsection (1) an employee shall
each year be granted 2 holidays by his employer on days to be fixed by the
employer not being holidays under subsection (1), alternative holidays or
substituted holidays. (Replaced, 27 of 1982, s. 2)

(6) The days fixed as holidays under subsection (5) shall be notified by an
employer to each of his employees by notice posted in a conspicuous place in the
place of employment not later than the end of the year next preceding the year in
which the holidays under subsection (5) are granted. (Amended, 27 of 1982, s. 2)





(7) An employer shall cause any notice posted under subsection (6) to remain
so posted until the end of the year next following the year in which it was posted.

(8) If an employer does not fix one or both of the holidays under subsection (5)
or notify a day or days so fixed in the manner required by subsection (6), such day
or days shall, at the request of an employee, be granted as an additional day or
additional days of annual leave with pay. (Replaced, 27 of 1982, s. 2)

(9) if an employee does not make a request under subsection (8) and an
employer does not fix

(a)either of the 2 holidays under subsection (5) or notify a day so fixed in the
manner required by subsection (6), every employee shall be granted a
holiday either on the Monday immediately following the birthday of Her
Majesty The Queen or on the last Monday in August, whichever the
employer may determine; or

(b)both the 2 days to be holidays under subsection (5) or notify the days so
fixed in the manner required by subsection (6), every employee shall be
granted holidays on the Monday immediately following the birthday of Her
Majesty The Queen and on the last Monday in August. (Added, 27 of 1982,
s. 2. Amended, 33 of 1984, s. 2)

(Amended, 53 of 1976, s. 2)

Payment of holiday pay

40. Subject to section 12(11), an employee who has been employed by his
employer under a continuous contract for a period of 3 months immediately
preceding a statutory holiday shall, not later than the day on which the employee is
next paid his wages after that holiday, be paid by his employer holiday pay at the
rate specified in section 41, whether the employee takes a holiday on the statutory
holiday or on an alternative or substituted holiday or a holiday under section 39(4).

(Amended, 53 of 1976, s. 3; 71 of 1976, s. 6 and 48 of 1984, s. 17)

Restriction on pay in lieu of holiday

40A. (1) Subject to subsection (2), no payment of holiday pay payable under
section 40, or other sum, shall be made in lieu of the grant of a holiday.

(2) Notwithstanding subsection (1), where a contract of employment of an
employee is terminated, holiday pay in respect of a holiday granted as an alternative
holiday or substituted holiday under section 39(2) or (3) prior to the termination of
the contract of employment but falling after such termination shall be paid to that
employee as soon as is practicable but in any case not later than 7 days after the
day of termination; and such holiday pay shall be calculated in accordance with
section 41(1) or (2) whichever is applicable to the employee as if the contract of
employment had not been terminated.

(Added, 48 of 1984, s. 18)





56 CAP. 571 Employment [1988 Ed.

Rate of holiday pay

41. (1) Holiday pay shall be a sum equivalent to the wages which the

employee would have earned C Ill- 1 4 4 ----- 1 1

(2) Notwithstanding subsection (1), where an employee is employed on piece
rates or where the daily wages of an employee vary from day to day, the holiday pay
shall be a sum equivalent to the average daily wage earned by the employee, and for
the purposes of this subsection the average daily wage shall be the average of the
daily wages earned by the employee on each day on which he worked during every
complete wage period, comprising not less than 28 days and not more than 31 days,
immediately preceding or expiring on the holiday or

first day of the holidays. 11 -----

(Amended, 48 of 1984, s. 19)
(Part VIII added, 39 of 1973, s. 5)

PART VIIIA

ANNUAL LEAVE WITH PAY

Grant of annual leave

41A. (1) Subject to this Part, every employee shall, in respect of each period of
12 months employment under a continuous contract, be granted by his employer
within the period of 12 months following the completion of that period of
employment 7 days' annual leave with pay, and the time when the leave is so granted
shall be appointed by the employer after consultation with the employee or his
representatives.

(2) Every employer shall give his employee not less than 14 days'notice in
writing of the time he has appointed for the grant of a period of annual leave, except
where a shorter period of not notice is agreed to by the employer and employee.

(3) The annual leave shall be granted by the employer and shall be taken by
the employee within the period of 12 months during which that leave is required by
subsection (1) to be granted on 7 consecutive days or, if the employee so requests, on 4
consecutive days, and the remaining days of annual leave, if any, shall be granted
consecutively or separately in accordance with subsection (1). (Replaced, 11 of 1979,
s. 2)

(4) If a rest day or holiday falls within any period of annual leave granted in
accordance with this section, it shall be counted as annual leave and another rest
day or holiday shall be substituted in accordance with section 18(5) or section
39(2), (3) or (4), as the case may require. (Replaced, 11 of 1979, s. 2)

(5) No period of total incapacity for work by reason of sickness or injury
occurring during a period of annual leave shall count as part of that annual leave
unless it commences after the commencent of the period of annual leave.

(6) For the avoidance of doubt it is declared that annual leave is, and shall be
granted, in addition to the rest days, holidays and maternity leave to which an
employee is entitled under this Ordinance. (Added, 11 of 1979, s. 2.
Amended, 22 of 1981, s. 8)






Payment of annual leave pay

41B. Where an employee is granted any period of annual leave, the employer
shall pay him annual leave pay in respect of that period not later than the day on
which he is next paid his wages after that period.

Rate of annual leave pay

41C. (1) Annual leave pay shall, subject to subsection (2), be a sum equivalent
to the wages which the employee would have earned if he had worked every day
during the period of annual leave. (Amended, 11 of 1979, s.3)

(2) Where an employee is employed on piece rates or where the wages of an
employee vary from day to day, the annual leave pay shall be calculated by reference
to the average daily wage earned by the employee, and for the purposes of this
subsection the average daily wage shall be the average of the daily wages earned by
the employee on each day on which he worked during every complete wage period,
comprising not less than 28 days and not more than 3 ----- 1 days, immediately
preceding or expiring on the first day of the annual leave or on the day on which the
contract of employment terminates, as the case may be.

(Amended, 48 of 1984, s. 20)

Annual leave pay on termination

41D. (1) Where an employee's contract of employment terminates or is
terminated after completion of a period of 12 months employment under a
continuous contract in respect of which he has not been granted 7 days' annual
leave, he shall as soon as practicable and in any case not later than 7 days after the
day of termination be paid by his employer a sum equal to the annual leave pay that
he would have received for that part of his 7 days' annual leave that has not been
granted to him if granted immediately following the day of termination

(2) Where, under a continuous contract, an employee's period of employment,
not being a period in respect of which he is entitled to or has been granted 7
days' annual leave is 3 months or more but less than 12 months, and the contract
terminates or is terminated, otherwise than under section 9, for any reason
whatsoever including his resignation, he shall as soon as practicable and
in any case not later than 7 days after the day of termination be paid by his employer, in
addition to any sum due under subsection (1), a sum equal to such proportion of the
annual leave pay he would have received for 7 days' annual leave
immediately following the day of termination as the number of complete weeks within
the period of employment bears to 52.

(Amended, 11 of 1979, s. 4)

Restriction on pay in lieu of leave

41E. Save as provided in section 41 D, no payment of annual leave pay or
other sum may be made in lieu of the grant of annual leave.





Annual leave shutdown

41F. (1) Every employer who intends to close down his business or part thereof
for the purpose of granting annual leave to any of his employees shall give one
month's notice in writing of his intention so to do to every employee who will as a
result have to take annual leave or otherwise stop work during the period of closure.

(2) The provisions of subsection (1) shall be deemed to be complied with if not
later than one month before commencement of the period of closure, the employer
exhibits in a conspicuous place in the place of employment notice of the closure and
of the names of all employees who will as a result have to take annual leave or
otherwise stop working, or in lieu of such names, a description or other details
enabling such employees to be clearly identified.

(3) Every person who is an employee at the commencement of the period
during which the business or part thereof is closed down for the purpose specified
in subsection (1), and who is not otherwise entitled to annual leave pay in respect of
any day during that period, shall be allowed that day as annual
leave and shall be paid by the employer annual leave pay in respect thereof; and
for the purposes of this Part any annual leave with pay allowed by reason only
of this subsection shall be deemed to have been granted in respect of a period of
12 months employment under a continuous contract ending immediately before
the period of closure.

Employer to keep annual leave records

41G. Every employer shall keep a record of

(a) the date of commencement and termination of

(i) the employment of each employee;

(ii) all periods of annual leave taken by each employee; and

(iii) all periods of closure of his business or part thereof for the purpose
of granting any annual leave to any of his employees; and

(b) all annual leave pay received by each employee.

(Part VIIIA added, 53 of 1977, s. 3)

PART IX

ANCILLARY PROVISIONS RELATING TO SICKNESS ALLOWANCE
AND HOLIDAYS AND ANNUAL LEAVE WITH PAY
(Amended, 53 of 1977, s. 4)

Ordinary wages instead of holiday pay, annual leave pay,
maternity leave pay or sickness allowance

42. Where, pursuant to the terms of his contract of employment or the terms of
any other agreement or for any other reason, an employee is paid his ordinary
wages in respect of any holiday, annual leave, maternity leave or sickness day, the
employee shall not, in addition to such ordinary wages, be entitled to be paid
holiday pay, annual leave pay, maternity leave pay or sickness allowance, as the
case may be.

(Amended, 53 of 1977, s. 5 and 22 of 1981, s. 9)





Payment of holiday pay, etc. in event of bankruptcy, etc.

43. For the purposes of section 38 of the Bankruptcy Ordinance (Cap, 6) and
section 265 of the Companies Ordinance (Cap. 32), any holiday pay, annual leave
pay, end of year payment or any proportion thereof, maternity leave pay or sickness
allowance to which an employee is entitled shall, whenever the employee became or
becomes entitled thereto, be deemed to be wages in respect of services rendered
during the relevant period prescribed in the said section 38 or the said section 265 or
in section 79 of the Companies Ordinance, as the case may be.

(Amended, 53 of 1977, s. 6;22 of 1981, s. 10 and 48 of 1984, s. 21)
(Part IX added, 39 of 1973, s. 5)

PART IXA

LIABILITY TO PAY WAGES OF SUB-CONTRACTOR'S AND
NOMINATED SUB-CONTRACTOR's EMPLOYEES

Interpretation and application

Interpretation

43A. (1) In this Part, unless the context otherwise requires---

'building works' means the construction, site formation, reconstruction,
maintenance (including redecoration and external cleaning), repairs, alteration
or demolition of the whole or any part of

(a) any building, dock, pier, bridge, viaduct or other structure; or

(b)any harbour or port works, reclamation, road, tunnel, sewer, drain, well or
waterworks,

and any installation works in respect of such building works;

'main nominated sub-contractor' means a nominated sub-contractor who enters
into a contract, express or implied, directly with a principal contractor to
perform all or any part of the work which the principal contractor has
contracted to perform;

'nominated sub-contractor' means

(a) any person-

(i) who enters into a contract, express or implied, with a principal
contractor to perform all or any part of the work which the principal
contractor has contracted to perform; or

(ii) who enters into a contract, express or implied, to perform all or any
part of the work which a person referred to in sub-paragraph (i) has
contracted to perform,

who is nominated by an owner or occupier of property, or by an agent or
authorized architect, surveyor or civil, municipal or structural engineer of
such owner or occupier; and





(b)any person who subsequently enters into a contract, express or implied, to
perform all or any part of the work agreed to be performed by a nominated
sub-contractor within the meaning of paragraph (a) of this definition;

'principal contractor' means a person who enters into a contract directly with an
owner or occupier of property, or with an agent or authorized architect,
surveyor or civil, municipal or structural engineer of such owner or occupier, to
perform any work for such owner or occupier;

'sub-contractor' means

(a)any person who enters into a contract, express or implied, with a principal
contractor to perform all or any part of the work which the principal
contractor has contracted to perform; and

(b)any other person who enters into a contract, express or implied, to perform
all or any part of the work which a sub-contractor within the meaning of
paragraph (a) has contracted to perform,

but does not include a nominated sub-contractor;

'work' means

(a) building works; and

(b)the supply of manual labour for the purposes of or in connection with
building works.

(2) For the purposes of this Part-

(a)a sub-contractor is a superior sub-contractor to another sub-contractor if
all or any part of the work which he contracted to perform is sub-
contracted to that other sub-contractor. whether or not such work is
performed by that other sub-contractor or further sub-contracted by that
other sub-contractor;

(b)a nominated sub-contractor is a superior nominated sub-contractor to
another nominated sub-contractor if all or any part of the work which he
contracted to perform is sub-contracted to that other nominated sub-
contractor, whether or not such work is performed by that other
nominated sub-contractor or further sub-contracted by that other
nominated sub-contractor.

Application

43B. This Part shall not apply to wages for any work for which a contract was
entered into by a principal contractor, nominated sub-contractor or sub-contractor
prior to the commencement* of the Employment (Amendment) (No. 4) Ordinance
1977 (54 of 1977).

*1.11-1977 ----- L.N. 207177.





Sub-contractor's employees' wages

Liability of principal contractor and superior
sub-contractor to pay wages of employees of
sub-contractors

43C. (1) Subject to this Part, if any wages become due to an employee who is
employed by a sub-contractor on any work which the sub-contractor has contracted
to perform, and such wages are not paid within the period specified in section 23, 24
or 25, as the case may be, such wages shall be payable to the employee

(a)where the sub-contractor has contracted with the principal contractor, by
the principal contractor; and

(b)where the sub-contractor has contracted with a superior sub-contractor,
by the principal contractor and every superior sub-contractor to the sub-
contractor, jointly and severally.

(2) The liability of a principal contractor and of a principal contractor and
superior sub-contractor or superior sub-contractors jointly and severally under
subsection (1) shall be limited

(a)to the wages of an employee whose employment relates wholly to the
work which the principal contractor has contracted to perform and whose
place of employment is wholly on the site of the building works; and

(b)to the wages due to such an employee for 2 months without any
deductions under this Ordinance and such months shall be the first 2
months of the period in respect of which the wages are due to the
employee.

(3) Subject to subsection (4) the wages payable under subsection (1) shall be
paid by the principal contractor or superior sub-contractor, as the case may be, not
later than 30 days after the date on which a notice under section 43D is received by
him or service thereof is deemed to be effected on him.

(4) Where any claim in respect of the wages payable under subsection (1) is
filed with the Labour Tribunal and an award or order is made in favour of the
employee, the wages shall be paid within such time as the Labour Tribunal may
direct, or. in the absence of any direction, not later than 30 days after the making of
the award or order.

Notice by employee to principal contractor

43D. (1) Where the wages of an employee who is employed by a sub-contractor
are not paid by his employer within the period specified in section 23, 24 or 25, as
the case may be, the employee shall serve on the principal contractor, within 60
days (or such other additional period not exceeding 90 days as the Commissioner
may permit) after the date on which the wages become due, a notice in writing
stating the- (Amended, 48 of 1984, s. 22)

(a) name and address of the employee;

(b) name and address of his employer;





(c) address of the place of employment of the employee;

(d) particulars of the work in respect of which the wages are due; and

(e) amount of wages due and the period to which they relate.

(2) A principal contractor who receives a notice under subsection (1) from an
employee of a sub-contractor shall, within 14 days after the receipt of the notice,
serve a copy of the notice on every superior sub-contractor to that sub-contractor
(if any) of whom he is aware.

(3) A principal contractor and superior sub-contractor (if any) shall not be liable
to pay any wages under section 43C to the employee of a subcontractor if that
employee fails to serve a notice on the principal contractor under subsection (1).

(4) A principal contractor who without reasonable excuse fails to comply with
subsection (2) shall be guilty of an offence and shall be liable on conviction to a
fine of $10,000. (Amended, 24 of 1988, s. 2)

Employer to supply information at request of employee

43E. (1) Where an employer who is a sub-contractor fails to pay, within the
period specified in section 23, 24 or 25, as the case may be, any wages due to an
employee employed by him on work which he has contracted to perform, he shall
within 7 days of the receipt of a written request made by the employee supply to the
employee the name and address of the principal contractor and every superior sub-
contractor to him and shall, within such 7 days' period, deliver a copy of the written
request to the principal contractor and every superior sub-contractor to him.

(2) An employer who without reasonable excuse fails to comply with
subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine
of $10,000. (Amended, 24 of 1988, s. 2)

Recovery of wages paid by principal contractor or
superior sub-contractor

43F. (1) If a principal contractor or superior sub-contractor pays to an employee
any wages under section 43C, the wages so paid shall be a debt due by the
employer of that employee to the principal contractor or superior subcontractor, as
the case may be.

(2) Any principal contractor or superior sub-contractor who pays to an
employee any wages under section 43C may either

(a)claim contribution from every superior sub-contractor to the employee's
employer or from the principal contractor and every other such superior
sub-contractor as the case may be; or

(b)deduct by way of set-off the amount paid by him from any sum due or
which may become due

(i) to any sub-contractor to whom he has sub-contracted all or any part
of work that he contracted to perform being work upon which the
employee was employed, and

(ii) in respect of the work that he has sub-contracted.





(3) For the purposes of this section any amount-

(a)paid by a principal contractor or a superior sub-contractor by way of
contribution under subsection (2)(a), or

(b)deducted by a principal contractor or a superior sub-contractor from any
sum due by him by way of set-off under subsection (2)(b),

shall be deemed to be payment by the principal contractor or superior sub-
contractor who has paid the amount by way of contribution or by the superior sub-
contractor who has suffered a deduction from any sum due to him by way of set-off
to an employee of wages under section 43C.

Nominated sub-contractor's employees' wages

Liability of superior nominated sub-contractor to pay wages of employees of
nominated sub-contractors

43G. (1) Subject to this Part, if any wages become due to an employee who is
employed by a nominated sub-contractor on any work which the nominated sub-
contractor has contracted to perform, and such wages are not paid within the period
specified in section 23, 24 or 25, as the case may be, such wages shall be payable to
the employee by every superior nominated sub-contractor to the nominated sub-
contractor by whom the employee is employed, jointly and severally.

(2) The liability of a superior nominated sub-contractor or superior nominated
sub-contractors jointly and severally under subsection (1) shall be limited

(a)to the wages of an employee whose employment relates wholly to the
work which the main nominated sub-contractor has contracted to perform
whether or not his place of employment is on the site of the building
works; and

(b)to the wages due to such an employee for 2 months without any
deductions under this Ordinance and such months shall be the first 2
months of the period in respect of which the wages are due to the
employee.

(3) Subject to subsection (4) the wages payable under subsection (1) shall be
paid by the superior nominated sub-contractor not later than 30 days after the date
on which a notice under section 43H is received by him or service thereof is deemed
to be effected on him.

(4) Where any claim in respect of the wages payable under subsection (1) is
filed with the Labour Tribunal and an award or order is made in favour of the
employee, the wages shall be paid within such time as the Labour Tribunal may
direct, or, in the absence of any direction, not later than 30 days after the making of
the award or order.

Notice by employee to main nominated sub-contractor

43H. (1) Where the wages of an employee who is employed by a nominated
sub-contractor are not paid by his employer within the period specified in section
23, 24 or 25, as the case may be, the employee shall serve on





the main nominated sub-contractor, within 60 days (or such other additional period
not exceeding 90 days as the Commissioner may permit) after the date on which the
wages became due, a notice in writing containing the particulars specified in section
43D(1). (Amended, 48 of 1984, s. 23)

(2) A main nominated sub-contractor who receives a notice under subsection
(1) from an employee of a nominated sub-contractor shall, within 14 days after the
receipt of the notice, serve a copy of the notice on every superior nominated sub-
contractor to that nominated sub-contractor (if any) of whom he is aware.

(3) A superior nominated sub-contractor shall not be liable to pay any wages
under section 43G to the employee of a nominated sub-contractor if that employee
fails to serve a notice on the main nominated sub-contractor under subsection (1).

(4) A main nominated sub-contractor who without reasonable excuse fails to
comply with subsection (2) shall be guilty of an offence and shall be liable on
conviction to a fine of $10,000. (Amended, 24 of 1988,s. 2)

Employer to supply information at request of employee

431. (1) Where an employer who is a nominated sub-contractor fails to pay,
within the period specified in section 23, 24 or 25, as the case may be, any wages
due to an employee employed by him on work which he has contracted to perform,
he shall within 7 days of the receipt of a written request made by the employee
supply to the employee the name and address of the main nominated sub-contractor
and every superior nominated sub-contractor to him and shall, within such 7 days'
period, deliver a copy of the written request to the main nominated sub-contractor
and every superior nominated sub-contractor to him.

(2) An employer who without reasonable excuse fails to comply with
subsection (1) shall be guilty of an offence and shall be liable on conviction to a
fine of $10,000. (Amended, 24 of 1988, s. 2)

Recovery of wages paid by superior nominated
sub-contractor

43J. (1) If a superior nominated sub-contractor pays to an employee any wages
under section 43G, the wages so paid shall be a debt due by the employer of that
employee to the superior nominated sub-contractor.

(2) Any superior nominated sub-contractor who pays to an employee any
wages under section 43G may either

(a)claim contribution from every other superior nominated sub-contractor to
the employee's employer; or

(b)deduct by way of set-off the amount paid by him from any sum due or
which may become due

(i) to any nominated sub-contractor to whom he has sub-contracted all
or any part of work that he contracted to perform being work upon which
the employee was employed; and

(ii) in respect of the work that he has sub-contracted.





(3) For the purposes of this section any amount-

(a)paid by a superior nominated sub-contractor by way of contribution
under subsection (2)(a), or

(b)deducted by a superior nominated sub-contractor from any sum due by
him by way of set-off under subsection (2)(b),

shall be deemed to be payment by the superior nominated sub-contractor who has
paid the amount by way of contribution or has suffered a deduction from any sum
due to him by way of set-off to an employee of wages under section 43G.

General

Cessation of employer's liability for wages paid by
principal contractor, superior sub-contractor or
superior nominated sub-contractor

43K. Where any wages are paid to an employee by a principal contractor or
superior sub-contractor under section 43C or by a superior nominated sub-
contractor under section 43G, the liability of the employer shall, subject to sections
43F(1) and 43J(1), cease.

Service of notice

43L. (1) A notice under section 43D or 43H may be served on a principal
contractor or a main nominated sub-contractor respectively and a request under
section 43E or 431 may be served on an employer

(a) by delivering it to him personally;

(b)by leaving it at his usual address or last known residential or business
address; or

(c)by sending it to him by registered post to any address referred to in
paragraph (b).

(2) Service under subsection (1)(b) shall be deemed to have been effected on
the day on which the notice or request is left at the premises.

Employee's rights against employer not affected

43M. Nothing in this Part shall prejudice the right of an employee to recover
any wages due to him by an employer directly from the employer.

(Part IXA added, 54 of 1977, s. 2)

PART X

INFORMATION RESPECTING CONDITIONS OF SERVICE
(Amended, 48 of 1984, s. 24)





Information to persons entering employment

44. (1) Every employer shall inform each person in detail before such person
enters his employment, in a manner intelligible to such person, of the conditions
with regard to

(a) the wages and the wage period;

(b)where Part IIA applies to such person, the end of year payment or
proportion of the end of year payment and the payment period; and

(e)the length of notice required to terminate the proposed contract of
employment,

under which he is to be employed. (Replaced, 48 of 1984, s. 25)

(2) before such employment is entered into, of a written

request therefor from such person the employer shall forthwith deliver to him a
notice in writing containing such conditions.

(3)
Information to employees

45. (1) Every employer shall inform his employee, in a manner intelligible to the
employee

(a) whenever any change takes place in the conditions referred to in
section 44 or the conditions in force at any time, of such change;

(b)at the time of each payment to him of his wages, in so far as such
particulars may be subject to change, of the particulars of his wages for the
wage period concerned.

TT--- ----- -----

(2) of a written request from his employee the employer shall
deliver to him- -----

(a)where the request relates to changes in the conditions referred to in
subsection (1)(a), forthwith; or

(b)where it relates to the particulars referred to in subsection (1)(b), at the
time of the payment to him of his wages for the wage period concerned,

a notice in writing containing such changes in conditions or particulars, as the case
may be.

Details of conditions and particulars of wages

46. (1) The conditions referred to in sections 44 and 45 shall include the rate of
wages, the overtime rate and any allowances, whether calculated by the piece, job,
hour, day, week or otherwise, of the person or employee concerned.

(2) The particulars referred to in section 45 shall include-

(a)particulars of the amount earned, including overtime earnings (if any), by
the employee; and

(b)particulars of any deductions made from the wages of the employee and
the reasons therefor.





PART XI

RECORDS, FORMS AND RETURNS

Records to he kept by employers

47. (1) Every employer who is a member of a class specified under subsection
(2) shall in respect of

(a) each of his employees; or

(b) any class of them,

keep records in such form as may be specified to enable him to comply with
Part X.

(2) For the purposes of subsection (1), the Commissioner may, by notice in the
Gazette, specify any class of employers.

Returns to be made to Commissioner

48. (1) For the purposes of this Ordinance, the Commissioner may, either by
notice in writing served by registered post or by notice in the Gazette, require any
employer or class of employers to make returns in such form and at such times as he
may in any such notice direct:

Provided that the Commissioner shall not require in any return information or
particulars in respect of a time or period more than 6 months immediately preceding
the date of the notice.

(2) Copies of any such form shall be supplied to an employer free of charge on
application to the Commissioner.

Form of notices, records, etc.

49. (1) The Commissioner may specify the form of any consent, request, notice
in writing, certificate, application, record or return required for the purposes of this
Ordinance. (Amended, 52 of 1988, s. 15)

(2) The Commissioner may publish in the Gazette any forms specified by him
under subsection (1).

Requirement to keep wage and employment records
49A. (1) Every employer shall at all times keep and maintain a record in
which is set out the age and employment history of each employee covering the
period of his employment during the preceding 6 months.

(2) The wage records referred to in subsection (1) shall be kept-

(a)at the employer's place of business or at the place where the employee is
employed; and

(b) for a period of 6 months after the employee ceases to be employed.

(3) A record which includes particulars in relation to each employee of-

(a) his name and identity card number;





(b) the date he commenced his employment;

(c) his job title;

(d) the wages paid to him in respect of each wage period;

(e) his wage period;

(f) periods of annual leave, sick leave, maternity leave and holidays-
(i) to which he is entitled; and

(ii) that he has taken together with details of payments made in respect
of such period;

(g)the amount of any end of year payment payable under Part IIA and the
period to which it relates;

(h) the period of notice required for termination of contract;

(i) the date of any termination of employment, shall be a
sufficient record for the purposes of subsection (1).

(Added, 12 of 1985, s. 29)

PART XII

EMPLOYMENT AGENCIES

Interpretation and application of Part
50. (1) In this Part, unless the context otherwise requires-

'certificate of exemption' means a certificate issued under section 54;

,,employment agency' means a person who operates a business the purpose of
which is-
(a) to obtain employment for another person; or

(b) to supply the labour of another person, manual or otherwise to an
employer,

whether or not the person who operates the business will derive any pecuniary
or other material advantage from either the employer or such other person;

'licence' means a licence issued under section 52 and 'licensee' shall be

construed accordingly.

(2) Subject to subsection (3), this Part shall apply to any employment agency
which is carried on in Hong Kong, whether the employment is to take place within
or outside Hong Kong.

(3) This Part shall not apply to any employment agency-

(a)which is carried on or subvented by Her Majesty's Government or the
Hong Kong Government;

(b)which is carried on under the terms of a licence to maintain a crew
department granted to any company under the Merchant Shipping
(Recruiting of Seamen) Ordinance (Cap. 135);





(c) which is carried on solely for or in connection with the employment of
persons to whom, by virtue of section 4(2)(a), this Ordinance does not
apply;

(d) [Repealed, 10 of 1980, s. 4]

(e)which is carried on by an employer for the sole purpose of recruiting
persons for employment on his own behalf;

which is carried on by a contractor, or sub-contractor, who employs any
person on work for another person;

(g)which is carried on by the proprietor of a newspaper or other publication if
the operation of an employment agency is non-profit making and is not
the principal purpose of the publication of the newspaper or other
publication;

(h) which is-

(i) non-profit making;

(ii) wholly maintained or managed by the owner, staff or students of a
school, college, university or other educational institution recog

i

sectio
n

nized by the Director of Education; and

(iii) carried on solely for or in connection with the employment of the
students or graduates of such school, college, university or other
educational institution; or

(i)subject to any regulations which may be applicable thereto, in respect of
which a certificate of exemption has been issued.

Prohibitions in respect of the operation of employment
agencies

51. (1) No person shall operate, manage or assist in the management of an
employment agency unless

(a)he is the holder of a licence or certificate of exemption issued in respect of
the employment agency; or

(b)he is in the employment of the holder of a licence or certificate of
exemption.

(2) No person shall operate, manage or assist in the management of an
employment agency at any place other than the place of business specified in the
licence or certificate of exemption issued in respect of the employment agency.

(3) No person shall operate, manage or assist in the management of an
employment agency

(a)which obtains employment within Hong Kong unless the employment
agency is licensed to do so under section 52;

(b)which obtains employment outside Hong Kong unless the employment
agency is licensed to do so under section 52.

Application for and issue of licences







52. (1) The Commissioner may issue a licence to operate an employment
agency to any person who applies therefor in such manner as may be prescribed.





(2) A licence issued under this section shall-

(a) be in the prescribed form;

(b)specify the place of business of the employment agency in respect of
which it is issued; and

(e)state whether the licence authorizes the employment agency to obtain
employment within or outside Hong Kong.

(3) Separate licences, one authorizing the employment agency to obtain
employment within Hong Kong, and another authorizing it to obtain employment
outside Hong Kong, may be issued under this section to the same employment
agency.

(4) Subject to section 53, a licence issued under subsection (1) shall be valid
for 12 months after the date on which it is issued.

(5) The Commissioner may, upon application in such manner as may be
prescribed, renew a licence issued under subsection (1).

Refusal to issue, or revocation of, licences

53. (1) The Commissioner may refuse to issue or renew a licence, or may revoke
a licence, if he is satisfied on reasonable grounds

(a)that the name under which the employment agency is operated or is
intended to be operated

(i) is identical with the name of another employment agency which is
being, or has been, carried on by another person; or

(ii) so nearly resembles the name of another employment agency as to
be likely to deceive the public;

(b)that the employment agency is being, or is likely to be, used for unlawful
or immoral purposes; or

(c)that the person operating, or intending to operate, the employment
agency

(i) is an undischarged bankrupt;

(ii) has, within the preceding 5 years, been convicted of an offence
against the person of a child, young person or woman or of an offence
involving membership of a triad society, fraud, dishonesty or extortion;

(iii) has knowingly furnished to the Commissioner any false or
misleading information in connection with his application for the issue or
renewal of the licence;

(iv) has contravened any provision of this Part or any regulation made
under section 62; or

(v) is not, for any other reason, a fit and proper person to operate an
employment agency.

(2) The Commissioner shall, if he refuses to issue or renew a licence or revokes
a licence, within 14 days after such refusal or revocation, notify the applicant or
licensee in writing of the grounds for such refusal or revocation.





(3) Any person aggrieved by a decision of the Commissioner taken under
subsection (1) may, within 14 days after he is notified under subsection (2),
appeal to the Governor against the decision by lodging notice of the appeal and
the grounds therefor in writing at the office of the Chief Secretary.

(4) When considering any appeal to him under subsection (3) the Gover-
nor may confirm, vary or reverse the Commissioner's decision or make such
other order as he thinks fit.

(5) The licensee shall, if the Commissioner refuses to renew or revokes his
licence under subsection (1), within 14 days after-

(a) he is notified under subsection (2); or

(b)if he has appealed under subsection (3), he is notified of the Governor's
dismissal of the appeal,

deliver the licence, and every copy thereof, to the Commissioner.

Commissioner's power of exemption

54. (1) Subject to subsection (2), the Commissioner may, upon applica-
tion in such manner as may be prescribed, exempt an employment agency from
obtaining a licence under section 52, subject to such conditions as he may
specify, if he is satisfied that the employment agency is non-profit making and
should, in the public interest, be so exempted.

(2) The Commissioner shall not exempt under subsection (1) any employ-
ment agency which obtains employment for or in connection with persons
outside Hong Kong.

(3) The Commissioner shall issue to any person exempted under subsec-
tion (1) a certificate of exemption.

(4) A certificate of exemption issued under subsection (3) shall---

(a) be in the prescribed form;

(b)specify the place of business of the employment agency in respect of
which it is issued; and

(c) specify any conditions subject to which it is issued.

Withdrawal of exemption

55. (1) The Commissioner may, at any time, withdraw an exemption
granted under section 54 if he is satisfied that the employment agency has ceased
to be non-profit making or should not be so exempted in the public interest.

(2) Without prejudice to the generality of subsection (1), the grounds on
which the Commissioner may withdraw an exemption shall include mutatis
mutandis the grounds contained in section 53(1) on which he may refuse to issue
or renew a licence or revoke a licence.

(3) Where the Commissioner withdraws his exemption from any person
under subsection (1) he shall notify such person in writing of the grounds for
such withdrawal.





(4) The holder of a certificate of exemption shall, within 14 days after he
is notified under subsection (3) of the withdrawal of the Commissioner's
exemption, deliver the certificate of exemption, and every copy thereof, to the
Commissioner.

(5) No appeal shall lie under this Part against the decision of the
Commissioner to withdraw an exemption granted to an employment agency.

Maintenance and delivery to the Commissioner of prescribed
registers, records and returns

56. (1) A licensee shall-

(a)maintain such registers and records of his employment agency as may
be prescribed; and

(b)keep such registers and records available for inspection at the place of
business of the employment agency by the Commissioner, or by any
public officer authorized by him in that behalf, at all reasonable times.

(2) A licensee shall, within such time as may be prescribed, deliver to the
Commissioner such returns in respect of the employment agency as may be
prescribed.

(3) The registers and records referred to in subsection (1) shall be retained
by the licensee for a period of not less than 12 months after the expiration of
each accounting year of the employment agency concerned.

Prohibited acts in respect of employment agencies

57. A licensee shall not, directly or indirectly-

(a)receive from any person on account of having obtained, or in
connection with obtaining or seeking to obtain, employment for that
person or any other person-
(i) any reward of any kind; or
(ii) any payment or other advantage in respect of expenses or
otherwise, except the prescribed fee and commission; (Replaced, 87
of 1975, s. 2)

(b)share with any person, other than a bona fide partner or shareholder
in his employment agency, the prescribed fee or commission which he
is permitted to charge and receive; or (Amended, 87 of 1975, s. 2)

(e)enter, except with the written permission of the Commissioner, into an
agreement, express or implied, with any employer whereby-
(i) the employer undertakes to employ only persons who seek
employment through the licensee's employment agency; and
(ii) the licensee agrees to pay or give to the employer some form of
material benefit.

Inspection of places of business of licensed or exempted
employment agencies

58. The Commissioner, and any public officer authorized by him in that
behalf may-





(a)enter and inspect without a warrant at any reasonable time the place
of business of an employment agency;

(b)require the production of, inspect, examine or take copies of any
register, record or other document relating to an employment agency;

(e)require any person who operates, manages or assists in the manage-
ment of an employment agency to furnish such information or
particulars relating to the employment agency as he may specify; and

(d)make such other inquiries from any other person connected or
associated with the employment agency as he thinks fit.

Investigation of suspected offences

59. (1) If the Commissioner, any public officer authorized by him in
that behalf or any police officer not below the rank of inspector suspects on
reasonable grounds that there is in any premises or place evidence of an offence
under this Part he may-

(a)enter and search without a warrant any such premises (other than
domestic premises) at any reasonable time; and

(b)require the production of, seize, detain and remove any article,
register, record or other document which may be evidence of an
offence under this Part.

(2) A magistrate may, if he is satisfied by information on oath that there
may be found in any domestic premises any evidence of an offence under
this Part, issue a warrant authorizing the Commissioner, any public officer
authorized in that behalf by the Commissioner or any police officer not below
the rank of inspector to enter and search the domestic premises at any
reasonable time.

(3) [Repealed, 24 of 1988, s. 2]

Offences

60. (1) Any person who contravenes section 51(2) or (3) shall be guilty
of an offence and shall be liable on conviction to a fine of $10,000. (Amended,
24 of 1988, s. 2)

(2) Any person who contravenes section 53(5) or 55(4) shall be guilty of
an offence and shall be liable on conviction to a fine of $5,000. (Amended, 24
of 1988, s. 2)

(3) Any licensee who contravenes section 56(1), (2) or (3) shall be guilty of
an offence and shall be liable on conviction to a fine of 510,000. (Amended, 24
of 1988, s. 2)

(4) [Repealed, 24 of 1988, s. 21

(5) Any person who-

(a)in connection with any application to the Commissioner under sec-
tion 52(1) or 54(1) furnishes any information which he knows or
reasonably ought to know to be false or misleading in any material
particular; or





(b) in connection with any inquiry or inspection under section 58-

(i) fails without reasonable excuse to produce any register, record or
other document relating to the employment agency when required to do
so by the Commissioner or any public officer authorized in that behalf by
the Commissioner; or

(ii) furnishes to the Commissioner or any such public officer any
information which he knows or reasonably ought to know to be false or
misleading in any material particular,

shall be guilty of an offence and shall be liable on conviction to a fine of

$10,000. (Amended, 24 of 1988, s. 2)

(6) Any person who contravenes section 51(1) shall be guilty of an offence and
shall be liable on conviction to a fine of $20,000. (Added, 24 of 1988, s. 2)

(7) Any licensee who contravenes any provision of section 57 shall be guilty of
an offence and shall be liable on conviction to a fine of 520,000. (Added., 24 of
1988, s. 2)

Application of sections 56, 57, 58 and 59 to holders of
certificates of exemption and exempted employment
agencies

61. (1) Sections 56, 57, 58 and 59 shall apply to holders of certificates of
exemption in the same manner as they apply to licensees.

(2) Every reference to an employment agency in sections 56, 57, 58 and 59 shall,
except where the context otherwise requires, be construed as a reference to both an
employment agency licensed under section 52 and an employment agency exempted
under section 54.

Power to make regulations

62. The Governor in Council may make regulations for all or any of the
following purposes

(a)prescribing the procedure for the issue of licences and certificates of
exemption;

(b)fixing the fees to be paid for the issue and renewal of a licence or
certificate of exemption and the method of payment of such fees;

(c)prescribing the procedure to be followed when a licensee or holder of a
certificate of exemption

(i) ceases to operate his employment agency; or

(ii) changes the place of business of his employment agency;

(d) prescribing the procedure to be followed when-

(i) a company is issued with a licence or certificate of exemption; and

(ii) there is a change in the management of the company;

(e)requiring a licensee and the holder of a certificate of exemption to display
his licence or certificate of exemption conspicuously at the place of
business of the employment agency;





(f)providing for the publication in the Gazette of particulars of all licences
and certificates of exemption;

(g) prescribing the nature of services in respect of which an employment
agency may charge and receive any fee, commission or expenses;

(h)prescribing the maximum fees and charges which may be charged and
received by an employment agency;

(i)prescribing any thing which is to be or may be prescribed under this Part;
and

(j)generally for the better carrying out of the provisions and purposes of this
Part.

(Part XII replaced, 35 of 1973, s. 2)

PART XIII

OFFENCES AND
PENALTIES

Offences and penalty

63. (1) Any employer who wilfully and without reasonable excuse contravenes
any of the provisions of section 11 E or 11 F(3) or (4) shall be guilty of an offence.
(Amended, 71 of 1970, s. 4; 48 of 1984, s. 26 and 24 of 1988, s. 2)

(2) Any employer who-

(a) without reasonable excuse, fails-

(i) to grant to any employee any rest day which he is required to grant
under Part IV; or

(ii) to comply with any of the provisions of section 18(2),41A(2) 41A(3)
or 41F(1); or (Amended, 53 of 1977, s. 7)

(b) contravenes section 19,

shall be guilty of an offence. (Added, 23 of 1970, s. 4)

(3) Any person who wilfully contravenes section 67(2) shall be guilty of an
offence. (Added, 71 of 1970, s. 4)

(4) Any employer who without reasonable excuse fails-

(a)to grant to any employee any holiday which he is required to grant under
section 39; or

(b) to pay to any employee-

(i) any sickness allowance which he is required to pay under section 33;
or

(ii) any holiday pay which he is required to pay under section 40 or
40A(2); or (Amended, 48 of 1984, s. 26)

(c) to grant to any employee any annual leave which he is required to
grant under section 41A(1); or

(d)to grant to any employee any rest day or holiday which he is required to
grant under section 41A(4); or











(c) to pay to any employee an annual leave pay which he is required to
pay under section 41A(1),41D or 41F(3)

shall be guilty of an offence. (Added, 39 of 1973, s. 6. Amended, 53 of 1977, s. 7)

(5) Any person who contravenes any of the provisions of section 26, 27, 28(2),
29, 30, 32, 40A(1), 41 B, 41E, 41G, 44, 45, 47(1), 49A or 72A(1) or (2) shall be guilty of
an offence. (Amended, 53 of 1977, s. 7; 10 of 1980, s. 5; 48 of 1984, s. 26; 12 of 1985, s.
29(2) and 24 of 1988, s. 2)

(5A) Any person who

(a)fails to comply with a requirement made by any officer under section 72;

(b)wilfully or recklessly gives information which is false in a material
particular or withholds information as to any of the matters in respect of
which information is required to be given under section 72; or

(e) [Repealed, 24 of 1988, s. 2]

(d)fails to comply with any condition imposed on the granting of any
exemption under section 73(2),

shall be guilty of an offence. (Added, 55 of 1979, s. 2)

(6) Any person who fails to comply with the requirements of a notice in
writing or a notice published in the Gazette under section 48(1) shall be guilty of an
offence.

(7) A person who is guilty of an offence under this section shall be liable on
conviction to a fine of $10,000. (Amended, 24 of 1988, s. 2)

Offences relating to sections 23, 24, 25, 31, 72A and 72B
and penalty

63A. (1) Any employer who wilfully and without reasonable excuse
contravenes any of the provisions of section 23, 24, 25 or 31 shall be guilty of an
offence.

(2) Any person who contravenes any of the provisions of section 72A(3) or
72B(a) or (b) shall be guilty of an offence.

(3) A person who is guilty of an offence under this section shall be liable on
conviction to a fine of $20,000.

(Added, 24 of 1988, s. 2)

Prosecution of offences

64. (1) No prosecution for an offence under section 31RA(6) or section 63(1) or
(3) or 63A(I) shall be commenced without the consent in writing of the
Commissioner. (Amended, 71 of 1970, s. 4A; 24 of 1988, s. 2 and 52 of 1988,s.16)

(2) Before the Commissioner gives his consent to prosecute under subsection
(1) he shall hear the person against whom the allegation is made, or give him an
opportunity of being heard.





(3) Subject to subsection (1), a prosecution for any offence under this
Ordinance may be brought in the name of the Commissioner and may be
commenced and conducted by any officer of the Labour Department authorized in
that behalf in writing by the Commissioner. (Replaced, 48 of 1984, s. 27)

(4) Nothing in this section shall derogate from the powers of the Attorney
General in respect of the prosecution of criminal offences.

Service of summons

64A. (1) Any summons relating to an offence alleged to have been committed
under this Ordinance by an employer may be served by leaving a copy of the
summons with some person for him at the place of employment mentioned in the
summons.

(2) Any such summons may be addressed to 'the employer' without
specifying the name of the employer.

(3) Any summons relating to an offence alleged to have been committed under
this Ordinance by an employee may be served by leaving a copy of the summons
either with some person for him at his last or usual place of abode or with some
person for him at his place of employment mentioned in the summons.

(4) Any summons relating to an offence alleged to have been committed under
this Ordinance by a company may be served by leaving a copy of the summons at,
or sending it by registered post to, the registered office of the company.

(Added, 48 qf 1984, s. 28)

Liability for outstanding wages

65. (1) An employer convicted of an offence under this Ordinance shall, in
addition to any fine imposed under section 63, if the court before which the
conviction was obtained so orders, pay any wages or other sum outstanding at the
time of the conviction and in respect of which the offence was committed.

(2) Where the employer is acquitted of an offence under section 63(1) on
grounds that his default was not wilful or not without reasonable excuse, the court
may, if it finds that any wages or other sums in respect of which the charge was
brought are due, order the employer to pay such wages or other sums.

PART XIV

MISCELLANEOUS

Wages not to he attached

66. No order for the attachment of wages, or, in the case of an employee to
whom Part IIA applies, any end of year payment or proportion thereof, of an
employee shall be made by any court:





Provided that a civil debt due to the Crown under any enactment may be
recovered from the wages of an employee by attachment or otherwise.

(Amended, 48 of 1984, s. 29)

Application for apprehension of absconding employer

67. (1) If an employer or former employer is about to leave Hong Kong with
intent to evade payment of- (Amended, 48 of 1984, s. 30)

(a)any wages earned by any of his employees and owed by the employer,
whether or not the payment of such wages is yet due; or

(b)any other moneys owed by the employer under a contract of employment
to any of his employees,

any of his employees may apply to a District Judge to issue a warrant in accordance
with the Second Schedule, and in respect of any such application the Second
Schedule shall apply.

(2) No person shall make an application under subsection (1) unless he has
reasonable grounds for making such application.

(Added, 71 of 1970, s. 5)

Amendment of wage levels

67A. The Legislative Council may by resolution published in the Gazette
amend the level of wages specified in sections 4(2)(a) and 31G(2).

(Added, 6 of 1981, s. 4)

Amendment of forms

68. The Governor may, by order published in the Gazette, amend Part 11 of the
Second Schedule.

(Added, 44 of 1971, s. 5)

Saving as to existing contracts of service

69. Save as is otherwise provided in this section, any agreement or contract of
employment entered into between an employer and an employee, which is valid and
in force at the commencement of this Ordinance, shall continue to be in force and,
subject to any express conditions contained in any such agreement or contract, the
parties thereto shall be subject to and entitled to the benefit of the provisions of this
Ordinance:

Provided that where any express condition in the agreement or contract is
contrary to the provisions of this Ordinance, the express condition shall be void.

Contracting out

70. Any term of a contract of employment which purports to extinguish or
reduce any right, benefit or protection conferred upon the employee by this
Ordinance shall be void.

(Added, 5 of 1970, s. 8)





Saving as to schemes of medical treatment under repealed
Industrial Employment (Holidays with Pay and Sickness
Allowance) Ordinance

71. Any scheme of medical treatment which is operated by an employer and is
recognized by the Director under section 8 of the repealed Industrial Employment
(Holidays with Pay and Sickness Allowance) Ordinance* shall continue in force and
have effect as if it were operated and approved under the corresponding provision
in this Ordinance.

(Added, 39 of 1973, s. 7)

Powers of officers

72. (1) The Commissioner, or any public officer authorized by the Commissioner
in writing for the purpose and on production of that authority, may

(a)subject to subsection (2), enter, inspect and examine at all reasonable
times, by day and night, any premises or place, in which he knows or has
reasonable cause to believe that persons are employed;

(b)require the production of any register, record, form or other document
required to be kept under this Ordinance and inspect, examine and copy
the same;

(c)make such examination and inquiry as may be necessary to ascertain
whether the requirements of this Ordinance are complied with, and seize
anything which may appear to be evidence of an offence against this
Ordinance;

(d)examine, either alone or in the presence of any other person, as he thinks
fit, respecting matters under this Ordinance, any person whom he finds in
any industrial undertaking within the meaning of the Factories and
Industrial Undertakings Ordinance (Cap. 59), or whom he has reasonable
cause to believe has been within the preceding 2 months employed in any
industrial undertaking within the meaning of the Factories and Industrial
Undertakings Ordinance, or require any such person to be so examined
and to sign a declaration of the truth of the matters respecting which he
has been so examined; (Added, 10 of 1980,s.6)

(e)require any person who employs or has employed any woman, young
person or child in an industrial undertaking within the meaning of the
Factories and Industrial Undertakings Ordinance or any agent or servant
of any such employer to give to him all information in the possession of
such person, agent or servant with reference to such woman, young
person or child and to the labour conditions and treatment of every
woman, young person or child employed by such employer; (Added, 10 of
1980, s. 6)

(f)require the posting up, in such place and manner and for such period as
he may direct, of any notice or form in connection with the

*See Cap. 333, 1964 Ed.





provisions of this Ordinance or of any Ordinance specified in the Fourth
Schedule; (Added, 10 of 1980, s. 6. Amended, 48 of 1984, s.31)

(g)exercise any other powers which may be conferred on him by any
regulations made under this Ordinance. (Added, 10 of 1980, s. 6)

(2) No premises or part of a premises which is used for dwelling purposes shall
be entered under subsection (1) except by virtue of a warrant issued by a
magistrate, where such magistrate is satisfied by information on oath that there is
reasonable ground for suspecting that an offence against this Ordinance has been,
is being or is about to be committed in such premises or part or that there is in such
premises or part anything likely to be or contain evidence of such offence.

(3) An officer exercising any power conferred on him by subsection (1) in
relation to any industrial undertaking within the meaning of the Factories and
Industrial Undertakings Ordinance may take with him any person whom he may
reasonably need to assist him in carrying out his duties under this Ordinance and in
particular may, for his assistance, take persons who have been engaged by the
Commissioner, on account of their special expertise, to advise the Labour
Department on any matters necessary for carrying out the purposes of this
Ordinance. (Added, 10 of 1980, s. 6)

(4) A person who accompanies an officer pursuant to subsection (3)-

(a)may give to the officer such assistance in the exercise of any power
conferred on him by subsection (1) as the officer may reasonably require;

(b)shall be deemed to be a public officer for the purposes of sections 72A and
72B. (Added, 10 of 1980, s. 6)

(Added, 55 of 1979, s. 2)

Duty of public officers not to disclose source of complaint, etc.

72A. (1) Save with the consent of the person who has made the complaint or as
provided in subsection (4), no public officer shall disclose to any person, other than
another public officer in the course of official duty, the name or identity of any
person who has made a complaint alleging a contravention of this Ordinance or as a
result of which a contravention of this Ordinance has come to his notice or to the
notice of any other public officer.

(2) No public officer shall disclose to an employer or his agent or servant that a
visit to the place of employment maintained by that employer was made in
consequence of the receipt of any such complaint as is referred to in subsection (1).

(3) Save as provided in subsection (4), where, arising out of, or in connection
with, the enforcement of this Ordinance, any manufacturing or commercial secret or
any working process comes to the knowledge of a public officer, such officer shall
not at any time, and notwithstanding that he is no longer a public officer, disclose
such secret or process to any person.

(4) Where in any proceedings a court or a magistrate considers that justice so
requires, the court may order the disclosure of the name or identity of any





person who has made any such complaint as is referred to in subsection (1) or
the disclosure of any such secret or process as is referred to in subsection (3).
(Added, 10 of 1980, s. 7)

Employment not to be terminated, etc. by reason of fact
that employee has given evidence in proceedings under
Ordinance, etc.

72B. No employer shall terminate, or threaten to terminate, the employ-
ment of, or in any way discriminate against, any of his employees by reason of
the fact that the employee has-

(a)given evidence, or agreed to give evidence, in any proceeding for the
enforcement of this Ordinance; or

(b)given information to a public officer in any inquiry made by such
officer for the purposes of or in connection with the enforcement of
this Ordinance.
(Added, 10 of 1980, s. 7)

Presumptions

72C. In any prosecution under this Ordinance-

(a)where the age of any person at any time is material for the purposes
of any provision of this Ordinance, his age at the material time shall
be deemed to be or have been that which appears to the court or
magistrate, after considering any available evidence, to be or to have
been his age at that time;

(b)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
employer at the place of employment 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 place of employment
on the day on which the offence is alleged to have been committed was
employed therein on that day by such employer.
(Added, 10 of 1980, s. 7)

Regulations

73. (1) The Governor in Council may make regulations for all or any of
the following purposes-

(a)prohibiting or controlling the employment of persons or any class of
persons in any industry, occupation or trade;

(b)requiring records to be kept and forms to be maintained in respect
of employees or any class of employees employed in any industry,
occupation or trade;

(e)imposing obligations for securing compliance with the provisions of
this Ordinance upon employers, their agents or servants, and upon
employees;





(d) imposing duties and liabilities on employers and employees;

(e)defining the functions, duties and powers of public officers appointed or
authorized for the purposes of this Ordinance;

exempting any industry, occupation or trade, or any class or part of any
industry, occupation or trade, from the operation of this Ordinance or any
provision thereof;

(g)providing that this Ordinance or any provision thereof shall not apply, or
may be modified, in relation to any class of persons;

(h)providing that the Governor may, by order, amend the Schedule to any
regulations made under this Ordinance;

(ha) providing that, where the Commissioner is satisfied that work in any
industrial undertaking within the meaning of the Factories and Industrial
Undertakings Ordinance (Cap. 59), or class or description thereof, is
subject to seasonal or other special pressure, he may by order published
in the Gazette as respects any such industrial undertaking, or class or
description thereof, increase for any employee during any period of such
pressure the hours of work, period of employment or hours of overtime
employment specified in relation to that employee in regulations made
under this Ordinance for a period in any year not exceeding that specified
in the order; (Added, 10 of 1980,s.8)

(M) providing that

(i) any document purporting to be a copy of any document or notice
and purporting to be signed by a person or his duly authorized agent
shall be admitted in evidence in proceedings before any court or
magistrate on its production by a public officer without further proof; and

(ii) until the contrary is proved, the court or magistrate before which
such document is produced shall presume that the document is a true
copy and that it is signed by that person or his duly authorized agent;
and

(iii) the document shall be conclusive evidence of the facts stated
therein; (Added, 10 of 1980, s. 8)

(hc) providing that any person who works in any place of employment at any
kind of work whatsoever incidental to or connected with the process,
trade or business for which the place of employment is used shall, save as
may be provided otherwise in the regulations, be deemed to be employed
therein for the purposes of any regulations made under this Ordinance or
of any proceedings thereunder; (Added, 10 of 1980, s. 8)

(i) generally, carrying into effect the provisions of this Ordinance.

(2) The Commissioner may in writing, in such cases as he thinks fit and for
such period and subject to such conditions as he may specify, exempt any person
or class of persons from any regulations made under this section.

(3) [Repealed, 24 of 1988, s. 21
(Added, 55 of 1979, s. 2.Amended, 10 of 1980, s. 8)





Penalty for contravention of regulations

74. Regulations under this Ordinance may provide that a contravention thereof
shall be an offence and may provide penalties therefor not exceeding a fine of
$20,000.

(Added, 24 of 1988, s. 2)

FIRST SCHEDULE [s. 31

CONTINUOUS EMPLOYMENT

1.(a) The provisions of this Schedule are to ascertain whether or not any contract of
employment is a 'continuous contract' for the purposes of this Ordinance.

(b)In the case of a contract of employment existing at the commencement of this
Ordinance, such period of employment next preceding the date of commencement of
the Ordinance as may he necessary shall be taken into account in order to ascertain
whether or not the contract of employment is a continuous contract.

2. Subject to the following provisions, where at any time an employee has been employed
under a contract of employment during the period of 4 or more weeks next preceding such time
he shall be deemed to have been in continuous employment during that period.

3.(1) For the purposes of paragraph 2, no week shall count unless the employee has
worked on 4 days or more in that week, and in determining whether he has worked on any day the
provisions of sub-paragraph (2) shall apply.

(2) If on any day the employee is, for the whole or part of the day-

(a) incapable of work inconsequence of sickness or injury; provided that any such
incapability in excess of 48 hours is supported by a certificate issued by a registered
medical practitioner; or

(b)absent from work in circumstances such that, by law, mutual arrangement or the custom
of the trade, business or undertaking, he is regarded as continuing in the employment of
his employer for any purpose,

then, save as provided in paragraph 4 that day shall count as a day on which he has worked.

4. Where an employee is absent from work for the whole or part of any day

(a) because of a strike (which is not illegal) in which he takes part; or

(b) because of a lock-out by his employer,

that day shall not count as a day on which he has worked, but the continuity of his period of
employment shall not be treated as broken by any such absence.

5. If a trade, business or undertaking is transferred from one person to another, the period of
employment of an employee in the trade, business or undertaking at the time of the transfer
shall count as a period of employment with the transferee, and the transfer shall not break the
continuity of the period of employment.

6. For the purposes of this h Schedule

(a) any reference to days on which an employee has worked shall mean days on which
he has worked for his employer whether or not the days were worked under the same or another
contract of employment with that employer and whether or not they were
consecutive days; and

(b)an employee shall be treated as having worked for an employer on any day on which
the employee worked for that employer for not less than 6 hours, whether or not
continuously.

7. In this Schedule, unless the context otherwise requires-

'lock-out' and 'strike', respectively, have the meanings assigned to them in the Trade Unions
Ordinance (Cap. 332);

'week' means a week ending with Saturday.

(Amended, 5 of 1970, s. 9 and 71 of 1970, s.
6)





SECOND SCHEDULE [s. 671

PROCEDURE FOR APPREHENSION OF ABSCONDING EMPLOYER

PART 1

1. In this Part, the wages and moneys described in section 67(a) and (b) are referred to as
'the debt'.

2. An application under section 67 shall be as in Form 1 in Part 11.

3. If a District Judge, after making such investigation as he considers necessary in respect of
an application made under section 67, is satisfied that there is probable cause for believing that
the employer is about to leave Hong Kong with intent to evade payment of the debt, he may
issue a warrant as in Form 2 in Part 11 ordering that the employer be apprehended and brought
before a District Judge to show cause why the employer should not be required to give security in
accordance with paragraph 5. (Amended, 48 of 1984, s. 32)

4. If an employer who is brought before a District Judge in accordance with a warrant issued
under paragraph 3 shows cause why he should not be required to give security in accordance with
paragraph 5, the warrant shall be discharged and the employer shall be released.

5. (1) If an employer who is brought before a District Judge in accordance with a warrant
issued under paragraph 3 does not show cause why he should not be required to give security in
accordance with this paragraph, the District Judge may make an order requiring the employer to
enter a bond, in accordance with sub-paragraph (3), for his appearance before a District Judge
whenever called upon until he has paid to the employee the full amount of the debt.

(2) If the employer offers, in lieu of entering a bond under sub-paragraph (1), to secure the
payment to the employee of the full amount of the debt by any other arrangement, the District
Judge may accept such other arrangement as security for the payment to the employee of the
full amount of the debt in lieu of the bond.

(3) A bond entered under sub-paragraph (1)--

(a) shall be in favour of the employee;

(b) shall be as in Form 3 in Part 11;

(c)shall be for such sum, not exceeding the amount of the debt, as the District Judge may
order, and

(d)shall be a bond with such number of sureties, approved by the District Judge, as the
District Judge may order.

6. If an employer complies with an order made under paragraph 5(1), or secures the
payment to the employee of the full amount of debt by any other arrangement under paragraph
5(2), the warrant issued under paragraph 3 shall be discharged and the employer shall be released.

7. If an employer fails to comply with an order made under paragraph 5(1), a District Judge
may commit him to prison until the order is complied with or until the expiration of 3 months
from the date of committal, whichever event occurs first.

8. (1) On the application of the employer, or of any surety for a bond entered under
paragraph 5, a District Judge, if he is satisfied that any of the conditions specified in sub-
paragraph (2) have been fulfilled, shall order as may be appropriate--

(a) that any warrant issued under paragraph 3 be discharged;

(b)that the employer, if apprehended or brought before a District Judge under paragraph 3,
or committed to prison under paragraph 7, be released;

(c)that any bond entered under paragraph 5 shall be void (notwithstanding the conditions
thereof); and







(d) that the employer be released from any arrangement made under paragraph 5(2).

(2) The conditions referred to in sub-paragraph (1) are-

(a) that the debt has been satisfied in full or has been abandoned;

(b)that no proceedings have been brought within 14 days after the application under section
67 to recover any part of the debt from the employer;

(c)that no proceedings brought to recover the debt or any part of the debt from the
employer have been prosecuted diligently;





(d)that all proceedings brought to recover the debt or any part of the debt from the
employer have been finally struck out or dismissed.

9. (1) Any surety for a bond entered under paragraph 5 may at any time apply to a District
Judge to be discharged from his obligation under the bond.

(2) On receipt of an application under sub-paragraph (1), the District Judge shall call upon
the employer to appear before a District Judge.

(3) On the appearance of the employer before the District Judge, the District Judge shall
order the surety by whom the application under sub-paragraph (1) is made to be discharged from
his obligation under the bond, and shall order the employer to provide another surety or sureties,
approved by the District Judge, for the bond.

(4) If an employer is ordered under sub-paragraph (3) to provide an approved surety or
sureties for a bond, the provisions of paragraphs 6 and 7 shall apply as if the order were an order
made under paragraph 5(1).

10. No fees shall be payable to the District Court in respect of or in connection with an
application made under section 67 or under paragraph 8 or 9.

PART 11

FORM 1 [Employment Ordinance,

Second Schedule, Part 1,
paragraph
21

APPLICATION FOR WARRANT FOR APPREHENSION OF ABSCONDING
EMPLOYER

Title

IN THE DISTRICT COURT OF HONG KONG

Held at ...........................................................

No . .........of 19

IN THE MATTER of an application under section 67 of the Employment Ordinance, for a

warrant for the apprehension of
................................................................

----- ..........----- 1 ..............1 an employer.
EX PARTE ..............................an employee.

.1 . ..........1 Of ....11 1

(name of applicant (address of applicant)

apply for the issue of a warrant in accordance with paragraph 3 of Part 1 of the Second Schedule
to the Employment Ordinance in respect of
..........................................................................................

............................(name of employer)
of ................................

(address of -player)

.......................... 1 ............

(occupation







2. The grounds for my application are-

(a) that 1 am an employee/former employee(1) of
....................................................................

................................(name of of
........................................... ----- -----
(b)..that ................................. is the employer/former
..............----- c of employer)

employer(1) of each person specified in the First Column of the Schedule;

(c)that the employer owes to such employees the wages and/or(1) other moneys specified
in the Second Column of the Schedule opposite their names, by reason of the facts
specified in the Third Column of the Schedule; and

(d)that 1 believe for the following reasons that the employer is about to leave Hong Kong
with intent to evade payment of the wages and/or(1) other moneys specified in the
Second Column of the Schedule

(A ----- ----- ..................... ......... .................................. 1
1

Added, L.N. 48172.Amended, L.N. 177181)





SCHEDULE


Total amount owing to employees

Dated this day of 19

Applicant.

AFFIDAVIT IN SUPPORT OF APPLICATION

. .......................... make oath/do solemnly, sincerely and truly

declare and affirm and say that the facts stated in paragraph 2 of the above application are
correct to the best of my knowledge and belief.

Sworn/affirmed(1) at

Hong Kong, the day of 19 (Amended, L.N. 177181)

Before me,

A Commissioner, &c.

Note: (1) Delete whichever is inapplicable.

FORM 2[Employment Ordinance,
Second Schedule, Part 1,
paragraph 31

WARRANT FOR APPREHENSION OF ABSCONDING EMPLOYER

[Title as in Form 11

To each and all the police officers and bailiffs of Hong Kong. (Amended, L.N. 177181)

Whereas I am satisfied, on application made on the day
of 19 by [name of a

applicant that the applicant
[and the other persons referred to in the application](2) is/are/was/were,( ----- the
employee/employees(l)
of [name of employer] and that there is probable cause for believing that the said [name of
employer]
is about to leave Hong Kong with intent to evade payment of the sum of [amount of debt] being
moneys earned by and owed to such employee/employees(1): (Amended, L.N. 177181)





This is therefore to command you, in Her Majesty's name, forthwith to apprehend
the said [name of employer] and to bring him before a District Judge to show cause why
he the said [name of employer] should not be required to give security in accordance
with paragraph 5 of Part 1 of the Second Schedule to the Employment Ordinance, and
to be further dealt with according to law.

Dated this day of .......19

----- .......... ----
-
...District Judge.

[L.S.]

Notes.. (1) Delete whichever is
inapplicable.
(2) Delete if inapplicable.

FORM 3[Employment Ordinance,
Second Schedule, Part 1,
paragraph 51

BOND TO SECURE PAYMENT OF WAGES DUE To EMPLOYEES BY
EMPLOYER

I/We(1) [name of employer] of [address], [name of surety] of [address], and [name of surety] of
[address], is/are(1) bound to [name of employee] [and the other employees of (name of
employer)
specified in the application of (name of applicant) made on the day of

19 to District Judge 1

under section 67 of the Employment Ordinances](2) in the sum of to
be paid to [name of employee] [and the said other employeesl(2) or his/their respective()
executors,
administrators or assignees; for which payment to be made I/we jointly and
severally(1) bind
myself/ourselves(1), and my/our respective(1)\ heirs, executors and administrators.

In witness whereof I/we(1) have hereto set my hand and seal/our hands and
seals(1)
this day of 19

The condition of this obligation is that if [name of employer] appears before a District
Judge
whenever called upon until he has paid [name of employee] [and the said other
employeesl(2) the full
amount of ----- specified in the application, then this obligation shall be void but
this obligation shall otherwise remain in full force-

Signed, scaled and [Employer] (L.S.)
delivered in the [Surety](L.S.)
presence of [Surety)(L.S.)

Notes: (1) Delete whichever is
inapplicable.
(2) Delete if inapplicable.

(Second Schedule added, 71 of 19 70, s.
7)

THIRD SCHEDULE [s.
31M]

DEATH OF EMPLOYER OR OF EMPLOYEE







PART 1

DEATH OF EMPLOYER

1. This Part shall have effect in relation to an employee where his employer (in
this Part referred to as 'the deceased employer') dies.

2. Section 31J shall not apply to any change whereby the ownership of the
business, for the purposes of which the employee was employed by the deceased
employer, passes to a personal representative of the deceased employer.





3. Where, by virtue of section 31L(1), the death of the deceased employer is to be treated
for the purposes of Part VA of this Ordinance as a termination by him of the contract of
employment, the employee shall nevertheless not be treated for these purposes as having been
dismissed by the deceased employer if

(a)his contract of employment is renewed by a personal representative of the deceased
employer, or he is re-engaged under a new contract of employment by such a personal
representative; and

(b)the renewal or re-engagement takes effect not later than 4 weeks after the death of the
deceased employer.

4. Where, by reason of the death of the deceased employer, the employee is treated for the
purposes of Part VA of this Ordinance as having been dismissed by him, he shall not be entitled
to a severance payment in respect of that dismissal if a personal representative of the deceased
employer has made to him an offer in writing to renew his contract of employment, or to re-
engage him under a new contract, so that in accordance with the particulars specified in the offer
the renewal or re-engagement would take effect not later than 4 weeks after the death of the
deceased employer and either

(a)the provisions of the contract as renewed, or of the new contract, as the case may be,
as to the capacity and place in which he would be employed, and as to the other terms
and conditions of his employment, would not differ from the corresponding provisions
of the contract as in force immediately before the death; or

(b)if, in accordance with the particulars specified in the offer, those provisions would differ
(wholly or in part) from the corresponding provisions of the contract as in force
immediately before the death, the offer constitutes an offer of suitable employment in
relation to that employee,

and (in either case) the employee has unreasonably refused that
offer.

5. For the purposes of paragraph 4-

(a)an offer shall not be treated as one whereby the provisions of the contract as renewed,
or of the new contract, as the case may be, would differ from the corresponding
provisions of the contract as in force immediately before the death of the deceased
employer by reason only that the personal representative would be substituted as the
employer for the deceased employer; and

(b)no account shall be taken of that substitution in determining whether the refusal of the
offer was unreasonable.

6. Where by virtue of section 3 1 L(I) the death of the deceased employer is to be treated as
a termination by him of the contract of employment, any reference in subsection (2) of that
section to section 31D(2) shall be construed as including a reference to paragraph 3.

7. Where by virtue of paragraph 3 the employee is treated as not having been dismissed by
reason of a renewal or re-engagement taking effect after the death of the deceased employer,
then

(a)in determining, for the purposes of section 3 1 B(1), whether he has been employed
under a continuous contract for the requisite period, the interval between the death and
the date on which the renewal or re-engagement takes effect shall count as a period of
employment with the personal representative of the deceased employer, if apart from
this paragraph it would not count for that purpose as such a period of employment; and

(b)in computing the period specified in section 31B(1), the continuity of the employee's
period of employment shall be treated as not being broken by any week which falls
within that interval.

8. For the purposes of the application, in accordance with section 3113(3), of Part VA of
this Ordinance in relation to an employee who was employed as a domestic servant in, or in
connection with, a private household, any reference to a personal representative in this Part of






this Schedule shall be construed as including a reference to any person to whom, otherwise than
in pursuance of a sale or other disposition for valuable consideration, the management of the
household has passed in consequence of the death of the deceased employer.

9. Subject to this Part of this Schedule, in relation to an employer who has died-

(a)any reference in Part VA of this Ordinance to the doing of anything by, or in relation
to, an employer shall be construed as including a reference to the doing of that thing
by, or in relation to, any personal representative of the deceased employer; and

(b)any reference in Part VA of this Ordinance to a thing required or authorized to be done
by, or in relation to, an employer shall be construed as including a reference to anything
which, in accordance with any provision of Part VA of this Ordinance as modified by
this





Part of this Schedule (including sub-paragraph (a) ----- is required or authorized to be
done by, or in relation to, any personal representative of his.

10. Whereby virtue of Part VA of this Ordinance, as modified by this Part of this Schedule,
a personal representative of the deceased employer is liable to pay a severance payment, or part
of a severance payment, and that liability had not accrued before the death of the deceased
employer, it shall be treated for all purposes as if it were a liability of the deceased employer
which had accrued immediately before his death.

PART II

DEATH OF
EMPLOYEE

11. Where an employer has given notice to an employee to terminate his contract of
employment, and before that notice expires the employee dies, Part VA of this Ordinance shall
apply as if the contract had been duly terminated by the employer by notice expiring on the date
of the employee's death.

12. Where an employer has given notice to an employee to terminate his contract of
employment, and has offered to renew his contract of employment, or to re-engage him under a
new contract, and

(a) the employee dies without having either accepted or refused the offer; and

(b) the offer has not been withdrawn before his death,

subsection (2) or (as the case may be) subsection (3) of section 3 1 C shall apply as if, for the
words 'the employee has unreasonably refused', there were substituted the words 'it would have
been unreasonable on the part of the employee to refuse'.

13. In relation to the making of a claim by a personal representative of a deceased
employee who dies before the end of the period of 1 month beginning with the relevant date,
section 3 1 N shall apply with the substitution, for the words '3 months', of the words '6
months'. (Amended, 76 of 1985, s. 9)

14. Subject to this Part of this Schedule, in relation to an employee who has died, any
reference in Part VA of this Ordinance to

(a)the doing of anything by, or in relation to, an employee shall be construed as including a
reference to the doing of that thing by, or in relation to, any personal representative of
the deceased employee; and

(b)a thing required or authorized to be done by, or in relation to, an employee shall be
construed as including a reference to anything which, in accordance with Part VA of this
Ordinance as modified by this Part of this Schedule (including sub-paragraph (a)), is
required or authorized to be done by, or in relation to, any personal representative of his.

15. Any right of a personal representative of a deceased employee to a severance payment,
where that right had not accrued before the employee's death, shall devolve as if it had accrued
before his death.

(Third Schedule added, 67 of 1974, s.
6)

FOURTH SCHEDULE [s. 72(1)l

SPECIFIED
ORDINANCES

Item Title
1. Labour Tribunal Ordinance (Cap. 25).
2. Apprenticeship Ordinance (Cap. 47).
3. Labour Relations Ordinance (Cap. 55).
4. Contracts for Employment Outside Hong Kong Ordinance (Cap. 78).






5. Employees' Compensation Ordinance (Cap. 282).
6. Trade Unions Ordinance (Cap. 332).
7. Pneumoconiosis, (Compensation) Ordinance (Cap. 360).

(Fourth Schedule added, 48 of 1984, s.
33)





FIFTH SCHEDULE [s. 31R1

TABLE

Column 1 Column 2

Age in years of employee Number of years of service of
as at relevant date employee as at relevant date
Less than 41 10
41 9
42 8
43 7
44 6
Not less than 45 5

(Fifth Schedule added, 76 of 1985, s.
10)

SIXTH SCHEDULE [s. 31ZCI

DEATH OF EXPLORER OR OF EMPLOYEE LONG SERVICE
PAYMENTS

PART I
DEALTH OF EMPLOYER

1. This Part shall have effect in relation to an employee where his employer (in this Part referred to
as 'the deceased employer') dies.

2. Section 3 1 Z shall not apply to any change whereby the ownership of the business, for
the purposes of which the employee was employed by the deceased employer, passes to a
personal representative of the deceased employer.

3. Where, by virtue of section 3 1 ZB the death of the deceased employer is to be treated
for the purposes of Part VB of this Ordinance as a termination by him of the contract of
employment, the employee shall nevertheless not be treated for these purposes as having been
dismissed by the deceased employer if

(a)his contract of employment is renewed by a personal representative of the deceased
employer, or he is re-engaged under a new contract of employment by such a personal
representative; and

(b)the renewal or re-engagement takes effect not later than 4 weeks after the death of the
deceased employer.

4. Where by virtue of paragraph 3 the employee is treated as not having been dismissed by
reason of a renewal or re-engagement taking effect after the death of the deceased employer,
then

(a) in determining, for the purposes of section 31R(1),whether he has been employed
under a continuous contract for the requisite number of years of service, the interval between the
death and the date on which the renewal or re-engagement takes effect shall count as a
period of employment with the personal representative of the deceased employer, if
apart from this paragraph it would not count for that purpose as such a period of employment;
and

(b) in computing the number of years of service specified in section 31R(1), the continuity of
the employee's period of employment shall be treated as not being broken by any week
which falls within that interval. R

5. For the purposes of the application, in accordance with section 31R(2), of Part VB of this
Ordinance in relation to an employee who was employed as a domestic servant in, or in
connection with, a private household, any reference to a personal representative in this Part CF
this Schedule shall be construed as including a reference to any person to whom, otherwise than
in pursuance of a sate or other disposition for valuable consideration, the management of the
household has passed in consequence of the death of the deceased employer.

6. Subject to this Part of this Schedule, in relation to an employer who has died





(a)any reference in Part VB of this Ordinance to the doing of anything by, or in relation
to, an employer shall he construed as including a reference to the doing of that thing by,
or in relation to, any personal representative of the deceased employer; and

(b)any reference in Part VB of this Ordinance to a thing required or authorized to be done
by, or in relation to, an employer shall be construed as including a reference to anything
which, in accordance with any provision of Part VB of this Ordinance as modified by~
Part of this Schedule (including sub-paragraph (a) ----- is required or authorized to be done

by, or in relation to, any personal representative of his.

7. Whereby virtue of Part VB of this Ordinance, as modified by this Part of this Schedule,
a personal representative of the deceased employer is liable to pay a long service payment, or
part of a long service payment, and that liability had not accrued before the death of the
deceased employer, it shall be treated for all purposes as if it were a liability of the deceased
employer which had accrued immediately before his death.

PART 11

[Repealed, 52 of 1988, s. 17]

(Sixth Schedule added, 76 of 1985, s- 10)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2322

Edition

1964

Volume

v6

Subsequent Cap No.

57

Number of Pages

92
]]>
Tue, 23 Aug 2011 18:05:48 +0800
<![CDATA[BOILERS AND PRESSURE VESSELS (EXEMPTION) (CONSOLIDATION) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2321

Title

BOILERS AND PRESSURE VESSELS (EXEMPTION) (CONSOLIDATION) ORDER

Description






BOILERS AND PRESSURE VESSELS (EXEMPTION)
(CONSOLIDATION) ORDER

(Cap. 56, section 10)

[8 January 19651

L.N. 2 of 1965, L.N. 92 of 1968, L.N. 103 of 1969, L.N. 175 of 1970, L.N. 239 of 1972, L.N.

264 of 1972, L.N. 96 of 1973, L.N. 251 of 1973, L.N. 118 of 1975, L.N. 90 of 1976,
L.N. 219 of 1977, L.N. 274 of 1977, L.N. 123 of 1978, L.N. 45 of 1979, L.N. 3 of 1981,
L.N. 58 of 1981, L.N. 59 of 1982, L.N. 60 of 1982, L.N. 61 of 1982, L.N. 233 of 1984,
L.N. 321 of 1984, L.N. 80 of 1985, L.N. 230 of 1985, L.N. 244 of 1985, L.N. 293 of
1985, L.N. 317 of 1985, L.N. 125 of 1986, L.N. 204 of 1986, L.N. 225 of 1986, L.N.
271 of 1986, L.N. 73 of 1987, L.N. 264 of 1987, L.N. 360 of 1987, L.N. 408 of 1987,
L.N. 137 of 1988, L.N. 159 of 1988, L.N. 205 of 1988 7 of 1988 R Ed 1988, L.N.
136 of 1989, L.N. 253 of 1989, L.N. 367 of 1989 3

1. Citation

This order may be cited as the Boilers and Pressure Vessels (Exemption)
(Consolidation) Order.

(87 of 1988 s. 57)

2. Exemption

The machines and equipment specified in the Schedule, subject to each of them
at all times being maintained in an efficient and safe condition and operated by
persons conversant with the safety requirements relating to the particular equipment,
are exempted from the provisions of the Ordinance.

(L.N. 58 of 1981)

SCHEDULE [para. 21

1. All oil-fired steam cleaning machines of the type known as Model 115 manufactured by
RM. Andersen (Australia) Pty. Ltd.

2. All oil-fired steam cleaning machines of the type known as Model KSC 590/1
manufactured by Kismet Limited, Bedford, England.

3. All oil-fired steam cleaning machines of the type known as Model MSC-2 manufactured
by Anzen Motor Car Co., Ltd., Tokyo, Japan.

4. All steam cleaning machines of the types known as Models 100, 150, 106BB, I 150-C,
200-C, 250-C and E-160/320 manufactured by the Sioux Steam Cleaner Corporation, Beresford,
South Dakota, U.S.A. (L.N. 205 of 1988)

5. All steam cleaning machines of the type known as Model 440 manufactured by the Nitto
Company, Limited, No. 52,3-Chome Kitahorie-Dori Nishi-Ku, Osaka, Japan.

6. All steam cleaning machines of the types known as Steamin' Demon Models 100 and 900,
manufactured by the Clayton Manufacturing Company, 4213N, Temple City Boulevard, El
Monte, California 91734, U.S.A.





7. All steam cleaning machines of the types known as Electromagic Models 60, 100, 200,
1100 and 1600B, manufactured by Water Kidde and Company, Inc., Vermillion, South Dakota
57069, U.S.A.

8. All steam cleaning machines of the type known as Model HP-18 Steamaster,
manufactured by the Steamaster, Inc., 110, West 30th Street, New York 10001, U.S.A.

9. All steam cleaning machines of the types known as Models 200,200C, 760,760C and
1560 of 'Jenny' series, manufactured by Homestead Industries Inc., Coraopolis, Pennsylvania
15108, U.S.A.

10. All steam cleaning machines of the type known as HANDISTEAM Steam Cleaner
Model CS/438/S, manufactured by the Commonwealth Industrial Gases Limited, Australia.

11. All steam heated copper hot plates used for hydraulic pressing and manufactured by
Worthy Trivision Ltd. of 28A Hung To Road, Kwun Tong, Hong Kong, subject to each new hot
plate, before it is put into use, being examined and stamped for the purpose of identification by
the Authority or his nominee.

12. All hot water pressure washers of the type known as Hurricane Model 830, manufactured
by the Advance Machine Company, Spring Park, Minnesota-55384, U.S.A.

13. All steam cleaning machines of the type known as Automatic Control Cleaner Model
HW-1300D manufactured by Kobe Kosaku Company Limited, Japan. (L.N.59of 1982)

14. All steam cleaning machines of the type known as Warwick Steam Cleaner, Type 22000
SA, manufactured by Warwick Pump and Engineering Company Limited, England. (L.N. 60 of
1982)

15. All steam cleaning machines of the types known as Frank High Pressure Cleaners models
HE618-18ES, HW70013MS, HW705DMS, MW780SP, HW810DMS, HW820DEC,
HW905DMS, 14W100513MA, HW1010DMS, HW1020DMS HW1310DMS manufactured by
Frank'Sche Eisenwerke AG., West Germany. (L.N. 61 of 1982; L.N. 321 of 1984)

16. All Autoservices High Pressure Hot Water Cleaners, Model C50 and C70, manufactured
by Cristanini S.p.A. of Italy. (L.N. 233 of 1984)

17. All cleaning machines of the types known as Hot Water Pressure Cleaners Models
HDS/75, HDS/200, HDS/580, HDS/755 and HDS/760, manufactured by Alfred Karcher G M B H
Co. of West Germany. (L.N. 80 of 1985; L.N. 317 of 1985)

18. All cleaning machines of the types known as Hot Water and Steam Cleaners, Models HS
90, HS 150, 1502V-66, 4203V-109 and 5003V-115, manufactured by K.E.W. Industri A/S of
Denmark. (L.N. 230 of 1985; L.N. 244 of 1985; L.N. 293 of 1985)

19. All cleaning machines of the types known as Hot Water and Steam Cleaners, Models
Gerni 2200, Gerni 2400 and Derni 3500, manufactured by Maskinfabrikken Gerni A/S of
Denmark. (L.N. 125 of 1986)

20. All cleaning machines of the types known as Hot Water High Pressure Cleaners Models
321-HDE and 353-HDE, manufactured by Klinett A/S of Denmark. (L.N. 204 of 1986)

21. All cleaning machines of the types known as Hot Water Cleaners, Models 0801V-31
and 38A2V-71, manufactured by K.E.W. IndustriA/S of Denmark. (L.N.225of1986)

22. All cleaning machines of the types known as Hot Water Cleaners, Models HDS 610,
HDS 650, HDS 690, HDS 750, HDS 890 and HDS 1250, manufactured by Alfred Karcher
GMBH Co. of West Germany. (L.N. 159 of 1988)

23. All cleaning machines of the type known as Unieco Steam/Hot Water Pressure Cleaner,
Model Clipper 100, manufactured by Unieco, Via Matteotti, 5-42010 Rio Salticeto (RE), Italy.
(L.N. 73 of 1987)





24. All cleaning machines of the types known as Hot Water Cleaners, Models HW 1005
DMS and HW 1020 DES, manufactured by Frank'Sche Eisenwerke AG, West Germany. (L.N. 360 of
1987; L.N. 408 of 1987)

25. All cleaning machines of the types known as Hot Water Cleaners Models HW 606 BMI
and HW 907 DMS, manufactured by Frank Aktiengesellscahft AG, West Germany. (L.N. 253 of
1989)

26. All cleaning machines of the type known as Hot Water Cleaner, Model CS930E,
manufactured by Wap Reinigungssysteme GMBH Co., West Germany. (L.N. 253 of 1989)

27. All cleaning machines of the type known as Hot Water Cleaner, Model HD 622,

maufactured by the Ehrle Reinigungstechnik GMbH of West Germany.(L.N. 367 of 1989)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2321

Edition

1964

Volume

v5

Subsequent Cap No.

56

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:05:47 +0800
<![CDATA[BOILERS AND PRESSURE VESSELS (FORMS) ORDER]]> https://oelawhk.lib.hku.hk/items/show/2320

Title

BOILERS AND PRESSURE VESSELS (FORMS) ORDER

Description






BOILERS AND PRESSURE VESSELS (FORMS) ORDER
(Cap. 56, section 67)
[1 March 19631

L.N. 21163 L.N. 67164, L.N. 127167, L.N. 56168, L.N. 155171, L.N. 145179, R. Ed. 1979,
L.N. 377181, 87 of 1988, 337/0

Citation

1. This order may be cited as the Boilers and Pressure Vessels (Forms) Order.

(87 of 1988 s. 52)

Form of certificates of fitness

2. The forms of certificates of fitness in respect of boilers and in respect of
pressure vessels (other than pressurized fuel containers) issued under section 33 of
the Ordinance shall respectively be in Forms 1 and 2 in the Schedule.

(87 of 1988 s. 53)

Form of application for registration

3. The form of application for registration of a boiler or a pressure vessel shall
be in Form 3 in the Schedule.

(87 of 1988 s. 54)

Form of certificate of competency

4. The form of a certificate of competency shall be in Form 4 in the Schedule.

(L.N. 127167)

5.(Repealed 87 of 1988 s. 55)

SCHEDULE [paras. 2, 3 41

FORM 1

BOILERS AND PRESSURE VESSELS
ORDINANCE
(Chapter 56)

CERTIFICATE OF FITNESS FOR A STEAM BOILER

Registration number of boiler .........................................
.................................

Name of owner ........................................................................

Address of owner .....................................
...............................................................................

Address of installation ............................................. .................................

Class or type of boiler
.......................................................................................................................

Date of construction and brief history ......................................................................

................... 1 .........................





Particulars of test:-
Boilers examined internally and externally Signature
and found to be or placed in a satisfactory
condition. Date

Boiler mountings examined and found Signature
.................................................

satisfactory. Date

*Auxiliary equipment (including the fuel Signature
burning installation) examined and found
satisfactory. Date
*Boiler examined under hydraulic test to a Signature

pressure of ...........Date

*Miscellaneous inspections: Signature
Date

*In accordance with section 28, the steamSignature ....................................
............
container connected to the boiler has been
examined and the outlet therefrom found..Date
................................................
to be open and free from obstruction.

1 certify that (i) 1 have this day examined the above boiler under pressure and 1 am satisfied that
it is in safe working order and may be used and operated at a maximum permissible working
pressure of

.......................... subject to (here insert any
conditions

imposed under section 33(5) of the Ordinance)
.................................................................................

.........................................1 1
................................................ .

(ii) that the safety valve has been set and sealed or otherwise adjusted in accordance with section
45 of the Ordinance.

This certificate will remain in force until

Date ....................................... ......... 1
............

Boiler Inspector.

*Delete if not applicable.
Note:Unless an earlier examination is required in consequence of any condition endorsed on
this certificate or by other requirements of the Ordinance, the period of validity of this
certificate shall be in accordance with section 27(1) of the Boilers and Pressure Vessels
Ordinance.

WARNING You are reminded that the boiler must be re-examined before the expiry of this
certificate. It is an offence to use or operate a boiler unless it has been examined and a certificate
of fitness issued after that examination. If convicted, the penalty is a fine of up to $30,000 (s.
49(1) and (8) of the Boilers and Pressure Vessels Ordinance).





......................................................... .........
............................................................

.......................................... 1

............................................................ W 11

.............. .............1

.............. W 11
..............
......................
.......................................

..............

.............. 0

......................
.......................................

...............................

..............................

.... .....................................
...........................

....................................
.................................... 1
....................................


(4 9 9 P* -W W,







28 0

..............................................
................

C) H .......................

...................

33(5)
.........................................................
....................

(ii) 45

.....................l . .....................

H 0
....................................................
..........





27(1)

MM 49(1) (8)





FORM 2

BOILERS AND PRESSURE VESSELS ORDINANCE

(Chapter 56)

CERTIFICATE OF FITNESS FOR A PRESSURE VESSEL
(OTHER THAN A PRESSURIZED FUEL CONTAINER)

Registration number of pressure vessel ............................................ ..........
...........................

Name of owner
..................................................................................................................
...............

Address of owner .......................................
.......................................................................

................................. ..................... 1 ..................
............................................... .......

Address of installation .....................................

Description of pressure vessel ............................................................
...................................................

Date of construction
................................................................................................................
....

Particulars of test:

Pressure vessel examined internally and...Signature ..............
...........
externally and found to be or placed in a
satisfactory condition...............Date .......

*Pressure vessel examined under hydraulic Signature

test to a pressure of .Date
.........................................

Fittings examined and found satisfactory. Signature .............. ..........
..........................

Date
.....................................................
.........

I certify that (i) 1 have this day examined the above pressure vessel under pressure and 1 am satisfied

that it is in safe working order and may be used at a maximum permissible working pressure of ........

............... . ................ 1 subject to (here insert any conditions

required under section 33(5) of the Ordinance)
...............................................................

..............................................................
...................................................
.............................

..........1 .......................1 .............. 1 1 ..............
............................................







(ii) that the safety valve has been set and sealed or otherwise adjusted in accordance with section 45

of the Ordinance.





This certificate will remain in force until
...........................................................................................

Date ..............................................................

..................

*Boiler Inspector.
*Air Receiver Inspector.

*Delete if not applicable.
Note:Unless an earlier examination is required in consequence of any condition endorsed on
this certificate or by other requirements of the Ordinance, the period of validity of this
certificate shall be in accordance with section 27(1)(b) of the Boilers and Pressure
Vessels Ordinance.

WARNING You are reminded that the pressure vessel must be re-examined before the expiry of
this certificate. It is an offence to use or operate a pressure vessel (other than a pressurized fuel
container) unless it has been examined and a certificate of fitness issued after that examination.
If convicted the penalty is a fine of up to $30,000 (s. 49(1) and (8) of the Boilers and Pressure
Vessels Ordinance).

2

99 X* 01
56

A C W a

-R ........1
011 .........

..................................................................................................................................
........

.............

..................................................................................................................................
.
..................................................................................................................................
........

XTA91WAR-F

.............................................................. ..............................................................





......................................
.........................

............
.........................

.
.....................................................
.........

.................

H

.................................... 1

33(5) .................................................

............1 1 1

. .... . ....)l........................... Flit
.

11 M
....................................................
..........





27(1)(b)

$30,000 49(1) R (8)





FORM 3

BOILERS AND PRESSURE VESSELS
ORDINANCE
(Chapter 56)

APPLICATION FOR REGISTRATION

To THE
AUTHORITY

Sir,

Part 1 1, the undersigned
(NAME IN BLOCK LETTERS) of
(NAME of establishment) residing at

.......................................

hereby apply for registration of the following items in accordance with the provisions of

the above Ordinance:-
*BOILER Name and Type
Identification No .
Date and place of manufacture

..................................................................................................
...............
This boiler *is/is not one of a range of boilers.
This boiler *is/is not designed to be transportable from one place to another.
This boiler was constructed by

*STEAM CONTAINER Type
Identification No .
Date and place of manufacture

This steam container *islis not connected to the boiler described above.
This steam container was constructed by

................................*PRESSURE VESSEL, Type steam receiver* air
receiver*

Identification No .
..................................................................

Date and place of manufacture
...............................................

This pressure vessel *is/is not designed to be transportable from one place to
another.

This pressure vessel was constructed by
......................................................................

.................
......................................................
..........................................................





*PRESSURIZED FUEL CONTAINERDescription

Identification No . .....................................

............... 1 ...........
..................

Date and place of manufacture
.................

.............1 1 ......

This pressurized fuel container was constructed by ..............
............

Part 11

boiler*
The name and address of the steam container*
premises at which the pressure vessel*
1 pressurized fuel
container*

*is/are installed is
...................................................................................................
........

Part M 1 declare that *1 am the owner/the owner's name and address is

........................... .of ......1

Date
...........

......... ........

(Signature of applicant).

..................

(Capacity in which applicant signs).

*Delete if not applicable.
Note 1Application may be made on this form for any one or one of each of the categories of
appliances required to he registered. Where more than one of any of the categories are
required to be registered a separate application should be made for each unit.
Note 2'Owner-, in relation to a boiler or pressure vessel, includes any person who is in
possession of the boiler or pressure vessel under an agreement of hire purchase or under
a contract between a supplier of boilers or pressure vessels, or the agent of any such
supplier, and such person for the sale of the boiler or pressure vessel, notwithstanding
that the property in the boiler or pressure vessel has not passed to such person, and,
where the owner of a boiler or pressure vessel cannot be found or ascertained or is
absent from Hong Kong or is under a disability also includes the agent of the owner.







56

.R.



1 MID
..........................................................................................
.

.......................................

............................................................ l

..................................................................................................

..........................................

........................................................................................
...

.................................

...................................................................



.........................................................................................................

..................................................................................................

.
......................................................................................
.

............................. 1

it



.................................................................................................


.........................................................................................
.
....................................................................................

...............................





M LOW, 14

9% 1 ,FIR

............ Eh

... ...........................

... ................................

................
..............................................................................................................

m

...

..........................

.............
..............
.............. *RIM

II

... .............

...........................
.............................................................................

...................

.............................. 1
....... 1 ........

................





BOILERS AND PRESSURE VESSELS
ORDINANCE
(Chapter 56)

CERTIFICATE OF COMPETENCY





Issued under the provisions of the

BOILERS AND PRESSURE VESSELS
ORDINANCE
(Chapter 56)

Certificate No . ...........................................
......................................................................

Issued to
....................................................................................................................................
.......

Photograph

Identity Card No . .................................................................................................................
............

Page 2

CERTIFICATE

This is to certify that ..........................................................................................................
.......

who .. has ... been found ... ... duly ... qualified in accordance ... with ... Section ... 6 ... of the ... Boilers
... and Pressure Vessels
Ordinance is competent to operate boilers and steam receivers covered by the class/es of equipment
specified hereunder:-

...................... 1.1 ....................................
......................... 1

...............1 1

Authority.

Hong Kong................................................................................ 19





Page 3

ENDORSEMENT OF CERTIFICATE

In addition to the equipment specified on Page 2 the holder of this Certificate has been
found duly qualified in accordance with Section 6 of the Boilers and Pressure Vessels Ordinance to
operate boilers and steam receivers covered by the following class/es of equipment:

................................. 1

.................
......................... 1

Authority.

Hong Kong ..............19

CLASSES AND TYPES OF EQUIPMENT

Class ofType of Boiler/Steam Receiver for which
Equipment Certificate Valid

All Classes All Boilers (including automatically controlled with superheaters) and Steam
(I to VI) Receivers
Class 1 All Water-tube Boilers (including automatically controlled with superheaters)
and Steam Receivers
Class IIA) Water-tube Boilers (including automatically controlled but without super-
heaters) and Steam Receivers
Class IIB) Manually Controlled Water-tube Boilers (without superheaters) and Steam
Receivers
Class 11 All Fire-tube Boilers (including automatically controlled) and Steam Receivers
Class IIIA) Automatic Fire-tube Boilers and Steam Receivers
Class II(B) Manually Controlled Fire-tube Boilers and Steam Receivers
Class III All Electrically Heated Boilers (including automatically controlled) and Steam
Receivers
Class III(A) Manually Controlled Electrically Heated Boilers
Class IV Sterilizing and Vulcanizing Boilers
Class V Special Purpose Boilers as Specified
Class VI Steam Receivers







56





56

...............................................................................................................................
.....
...
..................................................................................................................................
............

+V

.............................................................................
.......





....................................................................................................................................
..
6

............................

................
.......................................................................................................................

. ...........

c

-WA.......19 ........................
........................FT





9961




39 Mill
2 V X, W M* 94
a

V W, W ([W 9 W U W) W, W 4 V-

V _W W 2 W 9 U W M W, W V 4 M ]01*
R V (W 9 W B V- -W W W W -1 1)

11 ...W ...... ...61 W*

-4 M

...................

.............................
........................................................................................ ..................................

U W

M W

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2320

Edition

1964

Volume

v5

Subsequent Cap No.

56

Number of Pages

17
]]>
Tue, 23 Aug 2011 18:05:46 +0800
<![CDATA[BOILERS AND PRESSURE VESSELS REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/2319

Title

BOILERS AND PRESSURE VESSELS REGULATIONS

Description






BOILERS AND PRESSURE VESSELS REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

PART I

GENERAL

1. Citation .............................A 2
2. General provisions as to construction, etc. of boilers, etc . A 2

PART 11

BOILERS, STEAM RECEIVERS AND AIR RECEIVERS

3. Requirements with respect to boilers .A 2
4. Requirements with respect to steam receivers A 3

5. Requirements with respect to air receivers ............................................ A 4

6. Special requirements with respect to pressurized fuel containers A 5

PART 111

AUXILIARY EQUIPMENT

7. Pumps .................................................................. A 5

8. Heaters ..............................A 5
9. Pumps, etc. to be fitted with equipment to catch any leakage of fuel A 6
10.......................................Multiple burners A 6
11.......................................Flue dampers A 6

PART IV

PIPES

12.......................................Steam pipes and water pipes to be protected against weather, etc . A 6
13.......................................Steam pipes to be lagged A 7
14.......................................Requirements with respect to pipes used for conveying fuel to burners A 7

PART V

OFFENCES, SUPPLEMENTARY AND MISCELLANEOUS

15......................Flash point of fuel, etc . ............................................ A 7

16.......................................Power of Authority to require taking of additional safety precautions A 7
17.......................................Offences and penalties A 8

18. Fees..........................................................................................................................
..........................................A 8





BOILERS AND PRESSURE VESSELS REGULATIONS
(Cap. 56, section 65)
[1 March 19631

G.N.A. 101162 L.N. 152167, L.N. 192175, L.N. 107179, R. Ed. 1979, L.N. 339182,87 of 1988.

PART 1

GENERAL

Citation

1. These regulations may be cited as the Boilers and Pressure Vessels
Regulations.

(87 of 1988 s. 41)

General provisions as to construction, etc. of boilers, etc.

2. Without prejudice to any other provisions of these regulations, every boiler
and pressure vessel, every part of a boiler or pressure vessel and every part of the
auxiliary equipment connected with a boiler or pressure vessel shall be of good
construction, sound material, adequate strength and free from any patent defect.

(87 of 1988 s. 42)

PART II

BOILERS, STEAM RECEIVERS AND AIR
RECEIVERS

Requirements with respect to boilers

3. (1) Every boiler, whether separate or one of a range-

(a) shall have attached to it-

(i) a suitable spring-loaded safety valve, separate from any stopvalve
and capable of being sealed, which shall be fixed directly to the boiler and
so adjusted as to prevent the boiler being operated at a pressure greater
than its maximum permissible working pressure;

(ii) a suitable stop-valve connecting the boiler to the system; (87 of
1988 s. 43)

(iii) a correct pressure gauge, connected to the boiler and easily visible
by the boiler attendant. which shall have marked upon it by a red line the
maximum permissible working pressure of the boiler and which shall
indicate the pressure in the boiler in pascals or multiples of

personas; of 1988 s. 43)





(iv) at least one water gauge of transparent material, or of such other
type as the Authority may approve, to show the water level in the boiler,
which shall, if it is of the glass tubular type, be provided with an efficient
guard that does not obstruct the reading of the gauge; and (87 of 1988 s.
51)

(v) where it is one of 2 or more boilers, a plate bearing a distinguishing
number, which shall be easily visible;

(b)shall be provided with means for attaching a test pressure gauge; and

(c)unless it is externally fired, shall be provided with a suitable fusible plug
or an efficient low-water alarm device.

(2) Subregulation (1)(a)(ii) shall not apply with respect to economizers.

(3) Subregulation (1)(a)(iii), (iv) and (v), (b) and (c) shall not apply with respect
to economizers or superheaters.

(4) Subregulation (1)(a)(iv) and (c) shall not apply to vessels in which oil is
heated at a pressure greater than atmospheric pressure. (87 of 1988 s. 43)

Requirements with respect to steam receivers

4. (1) Every steam receiver that is not so constructed and maintained as to
withstand with safety the maximum permissible working pressure of the boiler to
which it is connected or the maximum pressure that can be obtained in the pipe
connecting the steam receiver with any other source of supply of steam shall be
fitted with

(a)a suitable reducing valve or other suitable automatic appliance to prevent
the maximum permissible working pressure of the steam receiver being
exceeded;

(b)a suitable spring-loaded safety valve that is capable of being sealed and is
so adjusted as to permit the steam to escape as soon as the maximum
permissible working pressure of the steam receiver is exceeded or a
suitable appliance for cutting off automatically the supply of steam as
soon as that pressure is exceeded;

(c)a correct steam pressure gauge, which shall have marked on it by a red
line the maximum permissible working pressure of the steam receiver and
which shall indicate the pressure of steam in the steam receiver in pascals
or multiples of pascals; (87 of 1988 s. 44)

(d) a suitable stop-valve; and

(e)where it is one of 2 or more steam receivers, a plate bearing a
distinguishing number, which shall be easily visible.

(2) The safety valve and the steam pressure gauge of every steam receiver shall
be fitted on the steam receiver or on the supply pipe between the steam receiver and
the reducing valve or other appliance provided to prevent the maximum permissible
working pressure of the steam receiver being exceeded.





(3) Every steam receiver shall be provided with means for attaching a test
pressure gauge.

(4) For the purposes of subregulation (1), other than the provisions of
paragraph (e) thereof, any set of steam receivers supplied with steam through a
single pipe and forming part of a single machine may be treated as one steam
receiver, and, for the purposes of the said subregulation (1), other than the
provisions of paragraphs (d) and (e) thereof, any other set of steam receivers
supplied with steam through a single pipe may be treated as one steam receiver:

Provided that this subregulation shall not apply to any such set of steam
receivers unless the reducing valve or other appliance provided to prevent the
maximum permissible working pressure of the steam receiver being exceeded is fitted
on the said single pipe.

Requirements with respect to air receivers

5. (1) Every air receiver shall-

(a)where the air receiver is connected with a compressor, be so constiructed
as to withstand with safety the maximum pressure that can be obtained in
the compressor or be fitted with a suitable reducing valve or other suitable
appliance to prevent the maximum permissible working pressure of the air
receiver being exceeded;

(b)be fitted with a suitable spring-loaded safety valve that is so adjusted as
to permit the air to escape as soon as the maximum permissible working
pressure of the air receiver is exceeded;

(e)be fitted with a correct pressure gauge, which shall indicate the pressure
of air in the air receiver in pascals or multiples of pascals; (87 of 1988 s. 45)

(d) be fitted with a suitable appliance for draining the air receiver;

(e)be provided with a suitable manhole, handhole or other means that will
allow the interior thereof to be thoroughly cleaned; and

(f) where more than one air receiver is being used by the same person in any
industrial undertaking, bear a distinguishing mark, which shall be easily
visible.

(2) Every air receiver, other than a pressurized fuel container, shall have marked
upon it so as to be plainly visible the maximum permissible working pressure of the
air receiver and the date on which it was last examined by an appointed examiner. (87
of 1988 s. 45)

(3) Where the safety valve fitted on an air receiver in accordance with
subregulation (1)(b) is not fitted directly to the air receiver, a suitable fusible plug
shall also be fitted to the air receiver.

(4) For the purposes of those provisions of subregulations (1) and (3) that
relate to safety valves and pressure gauges, any set of air receivers supplied with air
through a single pipe may be treated as one air receiver:





Provided that, where, by virtue of the said subregulation (1), the air
receiver is required to be fitted with a reducing valve or other appliance to
prevent the maximum permissible working pressure of the air receiver being
exceeded, this subregulation shall not apply unless such valve or other appliance
is fitted on the said single pipe.

Special requirements with respect to pressurized fuel
containers

6. (1) Every pressurized fuel container shall-

(a) be fitted with a pressure release valve;

(b)be placed in a metal tray or housed in a suitable structure so that all
valves and safety devices are readily accessible;

(c)where it has a maximum permissible working pressure of not more
than 500 kilopascals, be fitted with piping properly secured along its
whole length, save that for a length of 600 millimetres immediately
preceding the burner the piping shall be in the form of a loose coil so
as to facilitate easy manipulation; and (L.N. 107179)

(d)be fitted with a remote control valve situated in a position as near to
the burner as is possible consistently with its safe operation.

(2) The provisions of subregulation (1) shall apply to pressurized fuel
containers in addition to any of the provisions of regulation 5 that apply to such
containers.
(87 of 1988 s. 46)

PART 111

AUXILIARY EQUIPMENT

Pumps

7. Every pump used in connection with the fuel burning system in a fuel
burning installation, whether the pump is used for the purpose of supplying the
burners or of transferring fuel, shall be separated from any pump used for any
other purpose and shall be provided with-

(a)an efficient escape valve, which shall discharge into the suction side of
the pump; and

(b)means for stopping the pump, which shall be situated outside the
boiler house in a readily access position.

Heaters

8. (1) No means, other than steam or such other means as may be
approved by the Authority, shall be used for heating fuel in a fuel burning
installation.
(87 of 1988 s. 51)





(2) Every heater fitted in a fuel burning installation shall be of good design and
adequate strength.

(3) Where, in any such heater, steam is used to heat the fuel and the
condensate is returned to the boiler in connection with which the heater is provided,
the heater shall be provided with an observation tank by means of which it can be
readily ascertained whether or not the condensate is free from oil.

Pumps, etc. to he fitted with equipment to catch any
leakage of fuel

9. Every pump, heater, strainer and furnace mouth in a fuel burning installation
shall be fitted with save-alls or gutters for the purpose of catching any fuel that may
leak therefrom or that may spill when any cover or door is open or of intercepting
any fuel that may escape from the burners, as the case may be.

Multiple burners

10.(1) (a) Where there is more than one burner in a fuel burning installation, a
master valve shall be provided for the purpose of enabling the supply of
fuel to every burner to be shut off in the event of an emergency.

(b) Every such master valve shall-

(i) be situated outside the boiler house in a readily accessible position;
and

(ii) be of the quick-closing type.

(2) The shut-off valves on the furnace front that control the supply of fuel to
such burners shall be provided with safety catches so as to prevent any such
burner from being removed until the supply of fuel is shut off.

Flue dampers

11. (1) Every flue damper fitted in a fuel burning installation shall be so
constructed that it can be fixed securely in an open position.

(2) Save as provided in subregulation (3), the area of any such flue damper
shall be such that it does not obstruct more than 90% of the free space of the flue.

(3) Where any such flue damper does not comply with subregulation (2), the
flue damper shall be interlocked with the fuel supply or otherwise so arranged that
the fuel burning installation cannot be started up or operated when the flue is
closed.

PART IV

PIPES

Steam pipes and water pipes to he protected against
weather, etc.

12. Every pipe that conveys oil, steam or water under pressure to or from a
boiler, steam receiver or steam container shall be protected to the satisfaction





of the Authority against the effect of weather and damp and against external
damage.

(87 of 1988 ss. 47 51)

Steam pipes to he lagged

13. Every pipe that conveys oil or steam under pressure shall be lagged to the
satisfaction of the Authority with fire-proof material.

(87 of 1988 ss. 48 51)

Requirements with respect to pipes used for conveying
fuel to burners

14. (1) Every pipe used for the purpose of conveying fuel from a pump or
gravity tank to the burners in a fuel burning installation shall be constructed of
suitable seamless material or, if it is of welded construction, shall be welded in
accordance with a recognized engineering standard or code.

(87 of 1988 s. 49)

(2) No connection between any such pipe and any other fitting shall be made
by means of soft solder.

(3) The flanges of any such pipe that conveys liquid fuel under pressure shall
be machined so as, as far as practicable, to be metal to metal, and any jointing shall
be of the thinnest material practicable and impervious to oil heated to a temperature
of 120' Celsius. (L.N. 107179; 87 of 1988 s. 49)

PART V

OFFENCES, SUPPLEMENTARY AND
MISCELLANEOUS

Flash point of fuels, etc.

15. Save for the purpose of ignition, no oil or liquid or gaseous fuel that has a
flash point of less than 65' Celsius (close test) as determined by a standard type of
flash point apparatus shall be used in any installation connected to a boiler. (L.N.
107179; 87 of 1988 s. 50)

Power of Authority to require taking of additional safety
precautions

16. Without prejudice to any of the provisions of these regulations, where,
having regard to the situation of a fuel burning installation or, where the same is
situated in an industrial undertaking, to the nature of the business carried on in the
industrial undertaking, the Authority considers it necessary, he may require the
owner of the fuel burning installation to take such safety precautions as he

specifies.(87 of 1988 s. 51)





offences and penalties

17. (1) In the event of a contravention of any of the provisions of regulations
2 to 15, both inclusive, the owner of the boiler, steam receiver, air receiver or fuel
burning installation, as the case may be, shall be guilty of an offence and shall be
liable on summary conviction to a fine of 510,000.

(2) Any person who fails to comply with a requirement of the Authority made
under regulation 16 shall be guilty of an offence and shall be liable on summary
conviction to a fine of $25,000. (87 of 1988 s. 51)

(L.N. 339182)

Fees

18. (1) Save as provided in subregulation (2), a fee of $170 shall be payable in
respect/of a certificate of competency.

(2) A fee of,$270 shall be paid prior to each occasion on which a person is
examined for the purposes of the issue or endorsement of a certificate of
competency; and, where the Authority decides in consequence of such examination
to issue or endorse a certificate of competency, no fee shall be payable in respect of
the certificate of competency or the endorsement of the certificate of competency, as
the case may be. (87 of 1988 s. 51)

(L.N. 152167; L.N. 192175; L.N. 339182)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2319

Edition

1964

Volume

v5

Subsequent Cap No.

56

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:05:46 +0800
<![CDATA[BOILERS AND PRESSUER VESSELS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2318

Title

BOILERS AND PRESSUER VESSELS ORDINANCE

Description






LAWS OF HONG KONG

BOILERS AND PRESSURE VESSELS
ORDINANCE

CHAPTER 56





CHAPTER 56

BOILERS AND PRESSURE VESSELS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title and commencement .................... ................................................. 4

PART 1

INTERPRETATION AND APPLICATION

2.......................Interpretation ................................................. 4

3..........Application ................................... ................................................. 7

PART 11

APPOINTMENT OF AUTHORITY, ETC.,
KEEPING OF REGISTERS, CERTIFICATES OF
COMPETENCY,
BOARDS OF INQUIRY AND EXEMPTIONS

4..............................Authority and authorized officers .......................... 8

5. Appointment, etc. of boiler inspectors, air receiver inspectors and pressurized

fuel container inspectors ...........9

5A......................Revocation and suspension of appointment ................................................. 9

6.......................................Certificates of competency 10

7. Authority to keep certain registers, and particulars to be entered in register of

boilers and pressure vessels .........10
8.......................................Inquiries into accidents in boilers and pressure vessels 12

9. Power of Authority to exempt individual boilers or pressure vessels from

provisions of Ordinance .............13

10. Power of Authority to exempt classes or types of boiler or pressure vessel from

provisions of Ordinance .............14

PART 111

REGISTRATION OF BOILERS, PRESSURE VESSELS AND STEAM
CONTAINERS

Boilers, pressure vessels (other than pressurized fuel containers)
and steam containers

11-12....................................(Repealed) 14

13. Documents to be delivered to Authority in respect of new boilers and pressure

vessels .............................14

14.......................................Documents to be delivered to Authority in respect of new steam containers 15
15.......................................Documents to be certified by appointed examiner 15
15A......................................Owner of new boiler, pressure vessel etc. to apply for registration 15






16.......................................Registration of boilers and pressure vessels, etc . 15

17.................................Authority to be notified of sale or hiring of boilers, etc . ........ is

18. Power of Authority to require details of boilers or pressure vessels to be

delivered to him ........................... 16

18A. Codes of Practice.......................................................................................................
... 16





Section.................................... Page
Pressurized fuel containers
19. Authority to be notified of pressurized fuel containers that are being used 16
20. Registration of pressurized fuel containers, etc . 17
21. Authority to be notified of sale of pressurized fuel container, etc . 17

PART IV

MAINTENANCE AND EXAMINATION OF BOILERS, PRESSURE VESSELS AND
STEAM CONTAINERS, AND CONTROL OF USE AND OPERATION THEREOF

22. Maintenance of boilers and pressure vessels, boiler-houses and fire-fighting
appliances, etc . ...1 ............17
23...................................(Repealed) 18
24...New boilers and pressure vessels to be examined before being put into use 18
25. Boilers and steam receivers to be used in new premises to be examined before
being put into use ................. is
26. Boilers and pressure vessels to which extensive repairs, etc. have been made to
be examined before being again put into use is
27..............Periodic examination of boilers and pressure vessels 18
28..........................Examination of steam containers ....................................... 20
29.Examination of new fuel burning installations and heaters fitted therein, etc. 20
30........Steam or water pipes to be hydraulically tested in certain cases 20
31..............Periodic examination of pressurized fuel containers 21

32. Power of Authority to prohibit use and operation of boiler or pressure vessel
in certain cases, and procedure thereafter 21
33........................Issue of certificates of fitness 22
34...Appeals from refusal of appointed examiner to issue certificate of fitness 23
35.............Procedure on examination of pressurized fuel container 24

36. Appeals from decision of appointed examiner on examination of pressurized
fuel container ...................24

PART V
PROVISIONS AS TO PREPARATION FOR, PROCEDURE ON, AND METHOD OF,
EXAMINATION OF BOILERS, STEAM RECEIVERS AND AIR RECEIVERS, AND
AS TO PRESSURE ACCUMULATION TESTS AND HYDRAULIC TESTS
37..................Preparation of boilers, etc. for examination 25
38..............Procedure on, and method of, examination of boilers 25
39..........Procedure on, and method of, examination of steam receivers 27
40...........Procedure on, and method of, examination of air receivers 29
41....Examination of pipes of new boilers, steam receivers or steam containers 30
42. Procedure where, on certain examinations of boiler, etc., appointed examiner
is not satisfied as to condition of steam or water pipes 30
43..........................Pressure accumulation tests 31
44................................Hydraulic tests 32

45. Appointed examiner examining boiler, etc. under maximum permissible
working pressure to set safety valve 33
46. (Repealed)......................................................................................................................
..........................................33





Section Page

PART VI

INITIAL DETERMINATION OF MAXIMUM PERMISSIBLE WORKING
PRESSURE OF
BOILERS AND PRESSURE VESSELS

47. Initial determination of maximum permissible working pressure of boilers and

pressure vessels ..................33

48. Appeals from determination of appointed examiner as to maximum

permissible working pressure of boiler or pressure vessel 34
48A.....................................Variation by Authority of determination of appointed examiner 34

PART VII
OFFENCES AND PENALTIES
49......................................Offences in relation to use and operation of boilers or pressure vessels 35

50. Contravention of certain provisions of Ordinance to be an offence and penalty

therefor .................
.................................................................... 36

51. Owner of boiler or pressure vessel to be guilty of offence in event of
Contravention

of certain provisions of Ordinance or of certain conditions 36
52......................................Persons not to enter or be in certain boilers 36
53......................................Offences in relation to use and operation of portable gas generators, etc . 37

54.............................Offences in relation to Boards of Inquiry ..........................
37
55.............................Miscellaneous offences and penalties therefor ............ 37

56......................................Corruption 38
57......................................(Repealed) 39

PART VIII

SUPPLEMENTARY AND MISCELLANEOUS

58......................................Approval of pressurized fuel containers 39
59......................................Portable gas generators 39

60............(Repealed) ..............................................................
39

61. Owner of boiler, etc. to deliver latest certificate of fitness to examiner before

next examination ..................40

62. Certificate of fitness to be kept in premises at which boiler or pressure vessel in

respect of which it was issued is installed 40

63. Provisions as to notification of accidents and defects in boilers and pressure

vessels ..............................40
64......................................Limitation of public liability and of personal liability of public officers 41

65............Regulations ...............................
.................................................................. 41







66.............................Powers of Authority and inspectors, etc . ......................... 41

67......................................Power of Authority to prescribe forms 43

68.............................Service of orders and notices ..........................
43

69......................................Prosecution of offences 43
70......................................Saving of certain Ordinances 43





CHAPTER 56

BOILERS AND PRESSURE VESSELS

To control the use and operation of boilers and pressure vessels, to provide for the
holding of inquiries into accidents in or to boilers and pressure vessels and to
provide for matters connected with the purposes aforesaid. (Amended 67 of
1978 s. 2; 87 of 1988 s. 34)

[1 March 19631 L.N. 18163

Originally 38 of 1962 11 of 1965, 60 of 1967, 93 of 1970, 73 of 1977, 67 of 1978, R. Ed.
1978, L.N. 377181, 18 of 1982, 87 of 1988

Short title and commencement

1. (1) This Ordinance may be cited as the Boilers and Pressure Vessels
Ordinance. (Amended 87 of 1988 s. 2)

(2) Sections 19, 20, 21, 31, 49(3) and 50(3) shall not come into operation until
the day appointed for their commencement by the Governor by Proclamation in the
Gazette.

PART 1

INTERPRETATION AND
APPLICATION

Interpretation

2. (1) In this Ordinance, unless the context otherwise requires-

'accident' means an explosion of a boiler or pressure vessel and also means any
damage or other occurrence to or in a boiler or pressure vessel or any part of a
boiler or pressure vessel that weakens the boiler or pressure vessel and renders
it liable to explode or collapse or is calculated to weaken it and render it liable to
explode or collapse; (Amended 87 of 1988 s. 33)

'air receiver' means

(a)any vessel (other than a pipe or coil, or an accessory fitting or part of a
compressor) for containing compressed air and which is connected with
an air compressing plant;

(b)any fixed vessel for containing compressed air or compressed exhaust
gases that is used for the purpose of starting an internal combustion
engine;

(c)any fixed or portable vessel (not being part of a spraying pistol) used for
the purpose of spraying, by means of compressed air, any paint, varnish,
lacquer or similar material; and

(d) any pressurized fuel container; (Amended 87 of 1988 s. 31)

'air receiver inspector' means a person who has been appointed under section 5(1)
to be an air receiver inspector and whose appointment to be an air receiver
inspector has not been suspended; (Amended 87of 1988s.3)





'appointed examiner' means

(a)in the case of a boiler or pressure vessel, other than an air receiver, and its
auxiliary equipment, a boiler inspector;

(b)in the case of an air receiver, other than a pressurized fuel container, and
its auxiliary equipment, a boiler inspector or an air receiver inspector;

(c)in the case of a pressurized fuel container, a boiler inspector, an air
receiver inspector or a pressurized fuel container inspector; (Amended 87
of 1988 ss. 31 33)

'Authority' means the public officer appointed under section 4(1) to be the Boilers
and Pressure Vessels Authority; (Added 87 of 1988 s. 3)

,,authorized officer' means a public officer authorized under section 4(3);

(Added 87 of 1988 s. 3)

,,auxiliary equipment means every pipe, fitting and attachment connected to or with
a boiler or pressure vessel, as the case may be, and, in the case of a boiler, also
means any fuel burning installation connected therewith; (Amended 87 of
1988 s. 33)

'Board of Inquiry' means a Board of Inquiry appointed under section 8;

'boiler' means any closed vessel in which for any purpose steam is generated
under pressure greater than atmospheric pressure and also means any
economizer used to heat water being fed into any such vessel, any superheater
used for heating steam and any fitting directly attached to such vessel that is
wholly or party under pressure when steam is shut off, and any vessel in which
oil is heated at a pressure greater than atmospheric pressure; (Amended 87of
1988s.3)

'boiler inspector' means a person who has been appointed under section 5(1) to be
a boiler inspector and whose appointment to be a boiler inspector has not been
suspended; (Amended 87 of 1988 s. 3)

'certificate of competency' means a certificate of competency issued under section
6;

'certificate of fitness' means a certificate of fitness issued under section 33;

'certificate of inspection during construction' means a certificate issued in respect
of a boiler or pressure vessel certifying that the boiler or pressure vessel and, if
such be the case, its auxiliary equipment was inspected during its construction
and complies with the provisions of a recognized engineering standard, or
code, specified in the certificate; (Replaced 87of 1988s.3)

'competent person' means a person whose name is for the time being entered in the
register of competent persons kept pursuant to section 7(1)(e);

'existing', when used in relation to a pressurized fuel container, means a pressurized
fuel container that is in use in Hong Kong at the commencement of the day
appointed by the Governor under section 1(2); (Amended 87 of 1988 ss. 31
38)





'fuel burning installation' means any oil, or other liquid, or gas fuel burning
installation by means of which heat is applied to a boiler for the purpose of
generating steam or heating oil therein; (Amended 87of 1988s.3)

'legal officer' has the meaning that it has for the purposes of the Legal Officers
Ordinance (Cap. 87);

'maker's certificate' means a certificate issued by the manufacturer of a boiler,
pressure vessel or steam container certifying that he has constructed the
boiler, pressure vessel or steam container, as the case may be, and that the
particulars stated in the certificate relate to such boiler, pressure vessel or
steam container; (Amended 87 of 1988 s. 33)

'new', when used in relation to a boiler, a pressure vessel, other than a pressurized
fuel container, a steam container or a fuel burning installation, means a boiler,
pressure vessel, steam container or fuel burning installation that is first put into
use in Hong Kong after the commencement of this Ordinance or that is put into
use, or intended to be put into use, in circumstances where this Ordinance,
after having been inapplicable thereto by virtue of section 3, first applies
thereto in accordance with subsection (3) of that section; (Amended 67 of
1978 s. 3; 87 of 1988 ss. 31, 33 38)

'new', when used in relation to a pressurized fuel container, means a pressurized
fuel container that is first put into use in Hong Kong after the commencement
of the day appointed by the Governor under section 1(2) or that is put into use,
or intended to be put into use, in circumstances where this Ordinance, after
having been inapplicable thereto by virtue of section 3, first applies thereto in
accordance with subsection (3) of that section; (Amended67of]978s.3;87of
1988ss.31&38)

,,owner', in relation to a boiler or pressure vessel, includes any person who is in
possession of the boiler or pressure vessel under an agreement of hire
purchase or under a contract between a supplier of boilers or pressure vessels,
or the agent of any such supplier, and such person for the sale of the boiler or
pressure vessel, notwithstanding that the property in the boiler or pressure
vessel has not passed to such person, and, where the owner of a boiler or
pressure vessel cannot be found or ascertained or is absent from Hong Kong
or is under disability, also includes the agent of the owner; (Amended 87 of
1988 ss. 33, 34 38)

'portable gas generator' means a vessel, not being part of a fixed installation, within
which acetylene gas is generated by the admixture of calcium carbide and
water;

'pressure vessel' means a steam receiver, an air receiver and a portable gas
generator; (Added 87 of 1988 s. 3)

'pressurized fuel container' means a vessel intended or adapted for the expulsion
by compressed air of liquid fuel or fuel vapour stored in the vessel; (Added
87of 1988s.3)

'pressurized fuel container inspector- means a person who has been appointed
under section 5(1) to be a pressurized fuel container inspector and whose
appointment has not been suspended; (Added 87 of 1988 s. 3)

'recognized- means recognized by the Authority;(Amended 87 of 1988 s.36)





'registered', when used in relation to a boiler, a pressure vessel, other than a
pressurized fuel container, or a steam container, means a boiler, pressure vessel
or steam container that is entered in the register of boilers, pressure vessels,
other than pressurized fuel containers, and steam containers kept pursuant to
section 7(1)(a); (Amended 93 of 1970 s. 2; 87 of 1988 ss.31-34)

'registered', when used in relation to a pressurized fuel container, means a
pressurized fuel container that is entered in the register of pressurized fuel
containers kept pursuant to section 7(1)(b); (Amended 87of 1988ss.31&32)

'repairs' includes renewals, alterations or additions;

'steam containe?' means any vessel or apparatus (other than a steam pipe or coil)
constructed with a permanent outlet into the atmosphere or into a space where
the pressure does not exceed atmospheric pressure, and through which steam
is passed at atmospheric pressure or at approximately that pressure for the
purpose of heating, boiling, drying, evaporating or other similar purpose;

',steam receiver' means any vessel or apparatus (other than a boiler, a steam
container, a steam pipe or coil, or a part of a prime mover) used for containing
steam under pressure greater than atmospheric pressure;

'uncertified', when used in relation to a boiler or pressure vessel, means a boiler or
pressure vessel in respect of which the owner has delivered to the Authority
neither the documents specified in section 13(a) nor the documents specified
in section 13(b). (Added 87 of 1988s.3)

(Amended 87 of 1988 s. 3)

(2) For the purposes of this Ordinance, the expression 'extensive repairs'
means any repairs that affect or may affect the structure of the boiler or pressure
vessel, as the case may be, in respect of which they have been carried out, but, save
where the same are occasioned by an explosion in the boiler or pressure vessel,
does not include repairs that consist of the renewal of a part of a boiler or pressure
vessel where

(a) the part or fitting used in the renewal is a part or fitting that-

(i) was manufactured by the person who manufactured the boiler or
pressure vessel; or

(ii) if not having been so manufactured, is, to the satisfaction of an
appointed examiner, not less in strength and efficiency than the part
which it replaces; and

(b)if the fixing of the part or fitting affects or may affect the structure of the
boiler or pressure vessel, the same is fixed to the satisfaction of an
appointed examiner. (Amended 87 of 1988 s. 33)

Application

3. (1) This Ordinance applies to every boiler, pressure vessel and steam
container other than

(a)a boiler, a pressure vessel or a steam container belonging to the Crown;





(b)a boiler, a pressure vessel or a steam container that is used solely for
domestic purposes;

(e)a boiler, pressure vessel or steam container that is part of the fixed
equipment of a vessel or other floating craft, whether or not the vessel or
craft is used or intended for use in navigation; (Replaced 67 of 1978s.4)

(ca) an air receiver that is used solely for, or that is part of the equipment used
solely for, either or both of the following purposes

(i) supplying locomotive power to a vehicle intended or adapted for
use on a road, railway or tramway;

(ii) operating the ancillary equipment of such a vehicle which is used
for the carriage of passengers or goods; and (Added 67 of 1978 s.4.
Amended 87of 1988s.4)

(d)a pressurized fuel container having a maximum storage capacity that does
not exceed 4.5 litres of liquid fuel or of fuel vapour. (Replaced 67of
1978s.4. Amended87of 1988ss.4&31)

(e) (Repealed 87 of 1988 s. 4)

(Amended 87 of 1988 s. 33)

(2) Parts 11, Ill, IV, V and VI and sections 49, 50, 51, 61 and 62 do not apply to
portable gas generators.

(3) Where a boiler or pressure vessel is, or is intended to be, put into use in
such circumstances that this Ordinance becomes applicable thereto for the first time
after having been inapplicable thereto by operation of subsection (1), the provisions
of this Ordinance relating to new boilers or pressure vessels shall apply to that
boiler or pressure vessel. (Added 67of 1978s.4. Amended 87of 1988 ss. 33 34)

PART 11

APPOINTMENT OF AUTHORITY
ETC.,

KEEPING OF REGISTERS, CERTIFICATES OF COMPETENCY,
BOARDS OF INQUIRY AND EXEMPTIONS
(Amended 87 of 1988 s. 5)

Authority and authorized officers

4. (1) For the purpose of carrying out the provisions of this Ordinance, the
Governor may appoint a public officer to be the Boilers and Pressure Vessels
Authority.

(2) An appointment under subsection (1) shall be notified in the Gazette.

(3) The Authority may authorize in writing any public officer to perform or
exercise all or any of the functions, duties or powers which are imposed or conferred
on the Authority or an authorized officer by this or any other Ordinance.

(Replaced 87 of 1988 s. 6)





Appointment, etc. of boiler inspectors, air receiver
inspectors and pressurized fuel container inspectors

5. (1) The Authority may appoint such number of persons as the
Authority considers necessary, having such qualifications as the Authority
considers sufficient, to be boiler inspectors, air receiver inspectors, or pres-
surized fuel contai(2) An appointment under subsection (1) shall be notified in the Gazette.
(Replaced 8 7 of 1988 s. 6)

Revocation and suspension of appointment

5A. (1) The Authority may by notice in writing to a person appointed
under section 5(1) revoke or suspend for any length of time his appointment if-

(a) that person so requests; or

(b)it appears to the Authority that the person has ceased to practise as a
boiler inspector, air receiver inspector, or pressurized fuel container
inspector, as the case may be; or

(c)the Authority does not consider the person to be competent, fit and
proper to remain appointed.

(2) Every notice referred to in subsection (1) shall-

(a)include an adequate statement of the reasons for revoking or sus-
pending the appointment; and

(b) set out subsections (3), (4) and (5).

(3) A person whose appointment is revoked or suspended otherwise than at
his own request may, by notice in writing which states the grounds of appeal and
is delivered to the Authority within 21 days of his being notified by the Authority
of the decision, appeal to the Secretary for Education and Manpower.

(4) A revocation or suspension of an appointment under subsection (1)
shall have immediate effect, notwithstanding any appeal against the decision
under subsection (3).

(5) The Secretary for Education and Manpower, when considering any
appeal against a decision of the Authority-

(a)shall give the person appealing against the decision an opportunity of
being heard; and

(b) may confirm or reverse the decision.
and shall give an adequate statement of the reasons for his decision.

(6) On the confirmation or reversal of a decision under subsection (5)(b),
the Authority shall, as soon as reasonably practicable, serve notice in writing of
that confirmation or reversal, and of the reasons given for that confirmation or
reversal, on the person who appealed against the decision.

(7) A revocation or suspension of an appointment under subsection (1)
and a reversal of a decision under subsection (5)(b) shall be notified in the
Gazette.
(Added 8 7 of 1988 s. 6)





Certificates of competency

6. (1) The Authority may, upon application in writing therefor and upon
payment of the prescribed fee, issue a certificate of competency to any person who

(a)has produced to him evidence that satisfies him as to the suitability of that
person to be issued therewith and as to his experience in the operation of
all classes and types of boiler and steam receiver or of boilers or steam
receivers, or both, of the class or type to be specified in the certificate of
competency, as the case may be; or

(b)has satisfied such examiners as the Authority may appoint as to his
suitability to be issued therewith and as to his competence to operate all
classes and types of boiler and steam receiver or boilers or steam receivers,
or both, of the class or type to be specified in the certificate of
competency, as the case may be.

(2) Every certificate of competency shall be in the prescribed form and shall, as
the case may be, certify that the person to whom it is issued is

(a)competent to operate all classes and types of boiler and steam receiver and
their auxiliary equipment; or

(b)competent to operate boilers or steam receivers, or both, and their auxiliary
equipment, of the class or type specified therein.

(3) Where the Authority is satisfied that a person to whom he has issued a
certificate of competency certifying that that person is competent to operate boilers
or steam receivers, or both, of a specified class or type is, as the case may be,
competent to operate all classes and types of boiler and steam receiver or competent
to operate a class or type of boiler or steam receiver in addition to the class or type
specified in that certificate, he may, upon payment of the prescribed fee, endorse the
certificate accordingly or issue to that person a new certificate of competency.

(4)(a) The Authority may revoke a certificate of competency at any time.

(b)A certificate of competency shall be deemed to have been revoked if the
person to whom it was issued has not, for a period of 4 years or more than
4 years, been engaged in the operation of the class or type

p

of boiler or steam receiver in respect of which the certificate was
issued.

(Amended 87 of 1988 s. 35)

Authority to keep certain registers, and particulars to he
entered in register of boilers and pressure vessels

7. (1) The Authority shall keep the following registers-

(a)a register of boilers, pressure vessels, other than pressurized fuel
containers, and steam containers; (Replaced 93 of 1970 s. 3)

(b) a register of pressurized fuel containers;

(c)a register of boiler inspectors and air receiver inspectors, in which shall be
entered the name of every person who is appointed under section 5





to be a boiler inspector or an air receiver inspector; (Amended 87 of
1988s. 7)

(d)a register of pressurized fuel container inspectors, in which shall be
entered the name of every person who is appointed under section 5 to be a
pressurized fuel container inspector and his registration number, which
shall be allotted by the Authority; and

(e)a register of competent persons, in which shall be entered the name of
every person to whom a certificate of competency is issued under section
6, together with a statement as to the class or type of boiler or steam
receiver that that person is for the time being competent to operate.

(2)(a) The following particulars shall be recorded by the Authority in the
register of boilers and pressure vessels in respect of each registered boiler
or pressure vessel

(i) the name and address of the owner for the time being of the boiler or
pressure vessel;

(ii) except in the case of a boiler or pressure vessel that is designed so
as to be transportable from one place to another, the address at which the
boiler or pressure vessel is installed;

(iii) the class or type of the boiler or pressure vessel;

(iv) the registration number of the boiler or pressure vessel;

(y) the maximum permissible working pressure of the boiler or pressure
vessel notified to him in accordance with section 47(2);

(vi) the maximum permissible working pressure of the boiler or pressure
vessel specified in the current certificate of fitness issued in respect of the
boiler or pressure vessel if the pressure therein specified differs from the
maximum permissible working pressure notified to him in accordance with
section 47(2) or entered in the register pursuant to paragraph (b);

(vii) the date on which each certificate of fitness issued in respect of the
boiler or pressure vessel was issued; and

(viii) the making by the Authority of an order under section 32 in
respect of the boiler or pressure vessel and the date (if any) on which the
same ceased to be in force.

(b)Where, upon an appeal under section 48, the maximum permissible
working pressure of the boiler or pressure vessel determined by the
Authority differs from the maximum permissible working pressure thereof
determined by the appointed examiner from whose decision the appeal
was made, the Authority shall delete the entry made in the register of
boilers and pressure vessels in accordance with paragraph (a)(v) and
enter in the register the maximum permissible working pressure determined
by the Authority. (Amended 87of1988s.7)

(c)The Authority shall delete from the register of boilers and pressure
vessels the entry therein in respect of a boiler or pressure vessel if he is
satisfied that it has been destroyed or is otherwise no longer being used
in Hong Kong.





(3)(a) The following particulars shall be recorded by the Authority in the
register of pressurized fuel containers in respect of each registered
pressurized fuel container

(i) the name and address of the owner for the time being of the
pressurized fuel container;

(ii) the place at which for the time being the pressurized fuel container is
being used;

(iii) the registration number of the pressurized fuel container;

(iv) the making by the Authority of an order under section 32 in respect
of the pressurized fuel container and the date (if any) on which the same
ceased to be in force.

(b)The Authority shall delete from the register of pressurized fuel containers
the entry therein in respect of a pressurized fuel container if he is satisfied
that it has been destroyed or is otherwise no longer being used in Hong
Kong.

(4) The Authority shall remove from the register of boiler inspectors and air
receiver inspectors or the register of pressurized fuel container inspectors, as the
case may be, the name of any person whose appointment to be a boiler inspector or
an air receiver inspector or a pressurized fuel container inspector has been revoked
and shall, during the continuance in force of a suspension of the appointment of a
person to be a boiler inspector or an air receiver inspector or a pressurized fuel
container inspector, keep in the register of boiler inspectors and air receiver
inspectors or the register of pressurized fuel container inspectors, as the case may
be, such entry as he considers sufficient to indicate the suspension.

(5) The Authority shall remove from the register of competent persons the
name of any person whose certificate of competency has been revoked or is, under
section 6(4)(b), deemed to have been revoked.

(Amended 87 of 1988 ss. 31-36 38)

Inquiries into accidents in boilers and pressure vessels

8. (1) Whenever an accident has occurred in or to a boiler or pressure vessel

(a)an authorized officer may make a preliminary inquiry with respect to the
accident; and

(b)whether or not an authorized officer makes a preliminary inquiry, the
Authority may appoint a Board of Inquiry whose function it shall be to
inquire into and determine, so far as may be possible, the cause of the
accident. (Amended 67of 1978s. 6; 18 of 1982 s. 4; 87of 1988s. 8)

(2) (a) Every Board of Inquiry shall consist of-

(i) a magistrate nominated by the Chief Justice or a legal officer
nominated by the Attorney General;

(ii) an authorized officer or a boiler inspector; and (Amended 18 of 1982 s.
4; 87 of 1988 s. 8)





(iii) one other person who has such qualifications as the Authority
considers suitable and who is not a public officer or a boiler inspector.

(b)The magistrate or legal officer, as the case may be, shall be the chairman of
a Board of Inquiry.

(3) For the purposes of a preliminary inquiry, an authorized officer shall have
the following powers- (Amended]8of]982s. 4,.87 of 1988s.8)

(a)to enter and inspect any premises the entry or inspection of which appears
to him to be necessary;

(b)to inspect and examine the boiler or pressure vessel and its auxiliary
equipment;

(e)to require the production of any document or thing in the possession of
any person; and

(d)to require any person to answer such inquiries as he considers it necessary
to make.

(4)(a) For the purpose of its inquiry, a Board of Inquiry shall have the
following powers

(i) to hear evidence on oath or otherwise;

(ii) to summon any person to attend any sitting of the Board to give
evidence or to produce any document or thing in his possession and to
examine him as a witness or require him to produce such document or
thing, subject to all just exceptions;

(iii) to enter and inspect any premises the entry or inspection of which
appears to it to be necessary; and

(iv) to inspect and examine the boiler or pressure vessel and its auxiliary
equipment.

(b)A witness summons shall be in such form as the chairman of the Board of
Inquiry directs and shall be signed by him.

(5) The report on a preliminary inquiry may, save where a Board of Inquiry has
been, or is to be, appointed, be made public in such manner as the authorized officer
thinks fit, and the report of a Board of Inquiry shall be made public in such manner
as the Authority directs. (Amended 87 of 1988 s. 8)

(Amended 87 of 1988 ss. 33 36)

Power of Authority to exempt individual boilers or
pressure vessels from provisions of Ordinance

9. (1) An authorized officer may, upon application in writing in that behalf,
exempt from any of the provisions of this Ordinance a boiler or pressure vessel to
which he is satisfied that such provision cannot reasonably be applied.

(2) Any such exemption shall be subject to such conditions as the authorized
officer specifies and may be withdrawn at any time.

(3) (Repealed 87 of 1988 s. 9)

(Amended 87 of 1988 ss. 9 33)





Power of Authority to exempt classes or types of boiler or
pressure vessel from provisions of Ordinance

10. (1) The Authority may by order exempt from any of the provisions of this
Ordinance boilers or pressure vessels of a class or type to which he is satisfied that
such provision cannot reasonably be applied.

(2) Any such exemption shall be subject to such conditions as may be
specified in the order.

(3) The Authority may by order cancel or amend any order made under
subsection (1).

(4) A notification of every order made under this section shall be published in
the Gazette.

(Amended 87 of 1988 ss. 34 36)

PART 111

REGISTRATION OF BOILERS, PRESSURE VESSELS
AND
STEAM CONTAINERBoilers, pressure vessels (other than pressurized fuel containers)
and steam containers

(Amended 87 of 1988 ss. 32 3~

11-12. (Repealed 67 of 1978 s. 7)

Documents to be delivered to Authority in respect of new
boilers and pressure vessels

13. The owner of a new boiler or pressure vessel, other than a pressurized fuel
container, shall, not less than 30 days before the day on which he intends to put the
boiler or pressure vessel into use, deliver to the Authority

(a)one copy of the maker's certificate and one copy of the certificate of
inspection during construction issued in respect of the boiler or pressure
vessel by a recognized inspection body; or

(b)documentary evidence, to the satisfaction of the Authority, that the boiler
or pressure vessel complies with a recognized engineering standard or
code in respect of

(i) the welders employed and welding procedures used in the
construction and erection of and, if repairs have been carried out, in the
repairs to, the boiler or pressure vessel;

(ii) heat treatment before and after welding;

(iii) tests and inspections carried out on the boiler or pressure vessel;
and

(iv) any other relevant technical details that the Authority may, by
notice in writing, specify; or

(c)where the owner can deliver neither the documents referred to in
paragraph (a) nor the documents referred to in paragraph (b), details





of the design and methods of construction, inspection and testing of the
boiler or pressure vessel and its auxiliary equipment.

(Replaced 87 of 1988 s. 10)

Documents to be delivered to Authority in respect of new
steam containers

14. The owner of a new steam container shall, not less than 30 days preceding
the day on which he intends to put the same into use, deliver to the Authority in
respect thereof- (Amended 67 of 1978 s. 9; 87 of 1988 s. 36)

(a) 2 copies of the maker's certificate; or

(b)2 copies of a plan thereof prepared, to the satisfaction of the Authority,
by a boiler inspector. (Amended 87 of 1988 s. 35)

Documents to he certified by appointed examiner

15. (1) Every copy of a document that is delivered to the Authority pursuant to
section 13 or 14 shall have endorsed thereon a declaration by an appointed examiner
that it relates to the boiler or pressure vessel in respect of which it is so delivered.
(Amended 67 of 1978 s. 10; 87 of 1988 ss. 33 36)

(2) Where a copy of a document referred to in subsection (1) is not written in
the English or Chinese language it shall be accompanied by an English translation.
(Added 67 of 1978 s. 10)

Owner of new boiler, pressure vessel etc. to apply for
registration

15A. The owner of a new boiler, pressure vessel other than a pressurized fuel
container, or steam container shall, not later than 30 days preceding the day on
which he intends to put the same into use, apply to the Authority in the prescribed
form for registration of the same under this Ordinance.

(Replaced 67 of 1978 s. 11. Amended 87 of 1988 ss. 31, 33 36)

Registration of boilers and pressure vessels, etc.

16. (1) The Authority shall, upon receipt of the documents required by section
13 or 14, as the case may be, and of an application for registration under section
15A, allot a registration number to the boiler, pressure vessel or steam container and
enter particulars of the boiler, pressure vessel or steam container in the appropriate
register. (Replaced 67 of 1978 s. 12)

(2) The owner of a registered boiler, pressure vessel or steam container shall
cause the registration number thereof to be engraved, whether by impression or
incision, in a conspicuous position on the boiler, pressure vessel or steam container
and to be clearly legible at all times. (Amended 60 of 1967 s. 4)

(Amended 87 of 1988 ss. 33 36)

Authority to he notified of sale or hiring of boilers, etc.

17. (1) The owner of a registered boiler, pressure vessel, other than a
pressurized fuel container, or steam container who sells the same or hires it to





any person shall, within 7 days of the sale or the agreement for hire, as the case may
be, notify the Authority of the name and address of the person to whom the boiler,
pressure vessel or steam container, as the case may be, has been sold or hired and,
where the boiler, pressure vessel or steam container is not so designed as to be
transportable from one place to another, shall also notify the Authority whether or
not the sale or hiring has resulted or will result in the removal of the same.

(2) The owner of a registered boiler, pressure vessel, other than a pressurized
fuel container, or steam container shall, within 7 days of the change, notify the
Authority of any change in his address.

(Amended 8 7 of 1988 ss. 31, 33 36)

Power of Authority to require details of boilers or
pressure vessels to he delivered to him

18. The Authority may, where he considers it necessary to do so for the
purpose of enabling him to make an assessment of the maximum permissible working
pressure at which a boiler or pressure vessel may be operated, require the owner of
the boiler or pressure vessel to deliver to him complete details of the materials used
in, and the method of, the construction of the boiler or pressure vessel and its
auxiliary equipment and dimensions of all the parts and fittings thereof or of such of
those parts and fittings as he specifies.

(Amended 67 of 1978 s. 13; 87 of 1988 ss. 33 35)

Codes of Practice

18A. (1) For the purpose of ensuring acceptable standards in the design,
manufacture, installation, maintenance, examination, testing and operation of boilers
and pressure vessels, the Authority may give advice, either generally in the form of
Codes of Practice or particularly in writing, to any person.

(2) Failure on the part of any person to observe the provisions of any such
Code or to accept any such particular advice shall not of itself render that person
liable to criminal proceedings of any kind, but any such failure may, in any
proceedings whether civil or criminal and including proceedings for an offence
under this Ordinance, be relied upon by any party to the proceedings as tending to
establish or to negative any liability which is in question in those proceedings.

(3) The Authority shall give notice in the Gazette of the publication of any
advice given under subsection (1) in the form of a Code of Practice.

(Added 87 of 1988 s. 11)

Pressurized fuel containers

(Amended 87 of 1988 s. 32)

Authority to he notified of pressurized fuel containers that
are being used

19. (1) Within 30 days after a new pressurized fuel container is first put into
use, the owner of the pressurized fuel container shall notify the Authority that it has
been put into use and of the place at which it is being used and shall also notify the
Authority of his address.





(2) Within 6 months after the commencement of this section, the owner of an
existing pressurized fuel container shall notify the Authority of the place at which it
is being used and of his address.

(Amended 8 7 of 1988 ss. 31 36)

Registration of pressurized fuel containers, etc.

20. (1) The Authority shall enter in the register of pressurized fuel containers
every pressurized fuel container in respect of which he receives notice under
section 19 and may enter in the register any other pressurized fuel container whose
existence comes to his notice if the same is being used.

(2) The Authority shall allot a registration number to every pressurized fuel
container that he enters in the register of pressurized fuel containers and shall,
wherever practicable, notify the owner of the pressurized fuel container of the
number so allotted.

(3) The owner of a pressurized fuel container shall cause the registration
number thereof, notified by the Authority under subsection (2), to be engraved,
whether by impression or incision, in a conspicuous position on the pressurized
fuel container and to be clearly legible at all times. (Replaced 60 of 1967 s. 5)

(Amended 87 of 1988 ss. 31, 32 36)

Authority to be notified of sale of pressurized fuel
container, etc.

21. (1) The owner of a registered pressurized fuel container who sells the same
shall, within 7 days after the sale, notify the Authority of the name and address of
the person to whom it has been sold.

(2) The owner of a registered pressurized fuel container shall, within 7 days
after the change, notify the Authority of any change in the place at which he is
using the pressurized fuel container or in his address.

(Amended 87 of 1988 ss. 31 36)

PART IV

MAINTENANCE AND EXAMINATION OF BOILERS,
PRESSURE
VESSELS AND STEAM CONTAINERS, AND CONTROL
OF USE AND OPERATION THEREOF

(Amended 8 7 of 1988 s. 34)

Maintenance of boilers and pressure vessels, boiler-
houses and fire-fighting appliances, etc.

22. (1) Every boiler and pressure vessel and its auxiliary equipment shall be
properly maintained. (Amended 87 of 1988 s. 33)

(2) Every steam container shall be so maintained that the outlet therefrom is, at
all times, open and free from obstruction.

(3) Without prejudice to the generality of the provisions of subsection (1),
every fitting and storage tank connected with a fuel burning installation shall be
free from defective joints.





(4) Every place in which a boiler is situated shall be maintained in a clean
condition and free from any waste inflammable material.

(5) Every appliance provided in connection with a boiler or its auxiliary
equipment for use in combatting an outbreak of fire shall be properly maintained and
situated in a readily accessible place.

23. (Repealed 67 of 1978 s. 14)

New boilers and pressure vessels to he examined before
being put into use

24. (1) Upon completion of the installation of a new boiler or pressure vessel,
other than an air receiver, and before the same is put into use, the boiler or pressure
vessel and its auxiliary equipment shall be examined by an appointed examiner.
(Amended 87 of 1988 s. 12)

(2) Every new air receiver, other than a pressurized fuel container, and its
fittings and attachments shall be examined by an appointed examiner before it is put
into use. (Amended 87 of 1988 s. 31)

Boilers and steam receivers to he used in new premises to
be examined before being put into use

25. Every boiler or steam receiver that is to be put into use in premises other
than those in which it was previously used shall, together with its auxiliary
equipment, be examined by an appointed examiner before it is put into use in such
premises.

Boilers and pressure vessels to which extensive repairs, etc.
have been made to he examined before being again put into
use

26. (1) Every boiler or steam receiver in respect of which extensive repairs have
been carried out or, save where the same is designed so as to be transportable from
one place to another, that has been removed from one part of any premises to
another part thereof shall, together with its auxiliary equipment, be examined by an
appointed examiner before it is again put into use.

(2) Every air receiver, other than a pressurized fuel container, in respect of
which extensive repairs have been carried out or, save where the same is designed
so as to be transportable from one place to another, that has been removed from one
part of any premises to another part thereof shall, together with its fittings and
attachments, be examined by an appointed examiner before it is again put into use.
(Amended 87 of 1988 s. 31)

Periodic examination of boilers and pressure vessels

27. (1) Save as otherwise provided-

(a)a boiler, other than a boiler to which paragraph (b) applies, shall be
examined by an appointed examiner within 14 months after the date of any
certificate of fitness issued in respect thereof; and

(b)the following shall be examined by an appointed examiner within 26
months after the date of any certificate of fitness issued in respect thereof





(i) any boiler to which this paragraph applies, in the case of which a
period of 21 years has not expired since it was first taken into use;

(ii) any air receiver, other than a pressurized fuel container;

and(Amended 87 of 1988 s. 31)

(iii) any steam receiver.

(2) Subsection (1)(b) shall apply to a boiler of any of the following kinds

(a)a water tube boiler of which the drums and any headers are of fusion
welded or solid forged construction and which has an evaporative
capacity of not less than 22 000 kilograms of steam per hour; (Amended 67
of 1978 s. 15; 87 of 1988 s. 13)

(b)a boiler in a group of water tube boilers of which the drums and any
headers are of fusion welded or solid forged construction, being a group
in which

(i) each boiler has an evaporative capacity of not less than 11000
kilograms of steam per hour; and

(ii) the total evaporative capacity of all the boilers is not less than 45 000
kilograms of steam per hour; and (Amended 67 of 1978 s. 15; 87 of 1988 s. 13)

(c)a boiler which is a waste heat boiler or heat exchanger with fusion welded
longitudinal and circumferential seams, or a super-heater of fusion welded
construction, and which is an integral part of a continuous flow
installation in a chemical or oil refinery processing plant.

(2A) Where

(a)the Authority is satisfied that a boiler or pressure vessel cannot, because
of operational requirements, be shut down for an examination required by
subsection (1); and

(b)an appointed examiner has examined the boiler or pressure vessel while
operating and is satisfied that it could continue to operate safely beyond
the period within which the boiler or pressure vessel must be examined
under subsection (1),

the Authority may, by notice in writing to the owner, extend that period for not more
than 6 months and, if he does so, the relevant certificate of fitness shall remain in
force until the end of that extended period. (Added 87of 1988s.13)

(2B) Where an appointed examiner or authorized officer issuing a certificate of
fitness in respect of a boiler or pressure vessel considers that the boiler or pressure
vessel should, in the interests of safety, be examined within a shorter period than
that specified in subsection (1), he shall notify the Authority of that fact and the
Authority may, by endorsement on the certificate, shorten the period. (Added 87 of
1988 s. 13)

(3) For the purposes of this section-

(a)'boiler' and 'steam receiver include the auxiliary equipment of any such
boiler or steam receiver;

(b) 'air receiver' includes the fittings and attachments thereof,





(c)the date of a certificate of fitness shall, where different dates are
entered therein in respect of different examinations and tests carried
out, be deemed to be the date first in time of such dates.
(Replaced 60 of 1967 s. 6)

Examination of steam containers

28. (1) Save as provided in subsection (2), every steam container shall be
examined by a boiler inspector, in order to ensure that the outlet therefrom is
open and free from obstruction, whenever the boiler that supplies steam thereto
is examined in accordance with this Ordinance.

(2) Every steam container shall be examined by a boiler inspector for the
like purpose before it is put into use.

Examination of new fuel burning installations and heaters
fitted therein, etc.

29. (1) Every new fuel burning installation shall be examined by an
appointed examiner before it is put into use.

(2) Every new heater fitted in a fuel burning installation shall, before it is
put into use, be subjected by an appointed examiner to an hydraulic test, which
shall be to not less than twice the maximum pressure to which the heater may be
subjected when it is being used.

(3)(a) Every pipe that is used for conveying fuel from a pump or gravity
tank to the burners in a fuel burning installation and every fitting
connected with any such pipe shall be tested by an appointed
examiner-
(i) in the case of a new such pipe, after the pipe has been jointed
and before it is put into use; and
(ii) in the case of any such pipe, within 7 days after the Authority
so requires. (Amended 87 of 1988 s. 35)
(b) Every such test shall be to-
(i) twice the maximum pressure to which the fuel system is or will
be subjected under normal working conditions; or
(ii) the pressure specified in a recognized engineering standard or
code. (Amended 87 of 1988 s. 30)

Steam or water pipes to he hydraulically tested in certain cases
30. Where-
(a)any pipe that conveys or will or may convey oils, steam or water under
pressure to or from a boiler, steam receiver or steam container is
renewed or is added to a boiler, steam receiver or steam container;
or (Amended 87 of 1988 s. 37)
(b)extensive repairs or alterations are carried out to any such pipe or to
any system of such pipes,
the pipe or pipes shall, before being subjected or again subjected, as the case
may be, to pressure, be subjected by a boiler inspector to an hydraulic test.
(Amended 87 of 1988 s. 14)





Periodic examination of pressurized fuel containers

31. (1) Every existing pressurized fuel container shall be examined by an
appointed examiner within 12 months after the commencement of this section.

(2) Every new pressurized fuel container shall be examined by an appointed
examiner within 12 months after the date on which it is first put into use.

(3) Save as provided in subsections (1) and (2), every pressurized fuel
container shall be examined by an appointed examiner within 12 months after the
date marked thereon in accordance with this Ordinance as the date on which the last
examination thereof was completed.

(Amended 8 7 of 1988 s. 31)

Power of Authority to prohibit use and operation of boiler or
pressure vessel in certain cases, and procedure thereafter

32. (1) Where it appears to the Authority that-

(a)a boiler or pressure vessel or any of its auxiliary equipment is not, or may
not be, in safe working order;

(b)a boiler or pressure vessel or any of its auxiliary equipment has not been
examined or tested in accordance with this Ordinance or in accordance with
a requirement of the Authority made under this Ordinance;

(e)a boiler or pressure vessel, other than a pressurized fuel container, is being,
or has been, operated at a pressure greater than its maximum permissible
working pressure; or

(d)the seal attached to a safety valve by an appointed examiner has been
broken, or the setting of a safety valve has been altered, by a person who
is not an appointed examiner,

he may, by notice in writing served upon the owner thereof, prohibit the further use
and operation of the boiler or pressure vessel, as the case may be.

(2) Every such order in respect of a boiler or pressure vessel, other than a
pressurized fuel container, shall continue in force until the boiler or pressure vessel
has been examined by an appointed examiner and a certificate of fitness issued by
him in respect thereof under section 33 and the Authority has, upon production to
him of the certificate of fitness, permitted the use thereof to be resumed, and every
such order in respect of a pressurized fuel container shall continue in force until the
pressurized fuel container has been examined by an appointed examiner and the
examiner has, in the manner provided by section 35, certified that he is satisfied that
it is in safe working order.

(3) At any time after any such order in respect of a boiler or pressure vessel,
other than a pressurized fuel container, has been served, the Authority or an
appointed examiner acting under his directions may take such steps as he considers
necessary to procure the immediate stoppage of the use and operation of the boiler
or pressure vessel to which the order relates.

(Amended 8 7 of 1988 ss. 31, 33 35)





Issue of certificates of fitness

33. (1) Save as otherwise provided, a certificate of fitness in respect of a
boiler or pressure vessel shall be issued-

(a)in the case of a boiler, only under the hand of the appointed examiner
who examined the boiler when it was under the pressure that will be
specified in the certificate of fitness as its maximum permissible
working pressure; or

(b)in the case of a pressure vessel, only under the hand of the appointed
examiner who examined the pressure vessel when it was under the
pressure that will be specified in the certificate of fitness as its
maximum permissible working pressure or who carried out the
pressure accumulation test.

(2)(a) Subject to the provisions of subsection (1) and without prejudice
to any other provisions of this Ordinance, an appointed examiner may
issue a certificate of fitness in respect of a boiler or pressure vessel
notwithstanding that every part of the examination in question or
every test required by this Ordinance to be carried out during such
examination has not been carried out by him if he is satisfied that
those parts of the examination in question that have not been carried
out by him have been carried out in accordance with this Ordinance
and that those tests of the boiler or pressure vessel, as the case may be,
or its auxiliary equipment that have not been carried out by him have
been carried out in accordance with this Ordinance and that the results
thereof were satisfactory.

(b)Where, pursuant to paragraph (a), a certificate of fitness is issued by
an appointed examiner who has not carried out the whole of the
examination of the boiler or pressure vessel or all of the tests thereof,
each appointed examiner by whom a part of the examination was
carried out or by whom some of the tests were carried out shall enter in
the certificate of fitness particulars as to the part of the examination,
or as to the tests, that he carried out.

(3) Where, upon an examination of a boiler or pressure vessel for the
purposes of this Ordinance, the appointed examiner-

(a)who has carried out the examination in accordance with this
Ordinance and has carried out such tests of the boiler or pressure
vessel or its auxiliary equipment as are required by this Ordinance to
be carried out; or

(b)who, not having carried out the whole of the examination or not
having carried out some or all of the tests of the boiler or pressure
vessel or its auxiliary equipment required by this Ordinance to be
carried out, has carried out the examination of the boiler or the
examination or test of the pressure vessel specified in subsection (1),

is satisfied-
(i)that the boiler or pressure vessel, as the case may be, and, in the case of
a boiler or steam receiver, its auxiliary equipment and, in the case of
an air receiver, its fittings and attachments are in safe working order or
that, subject to the conditions that will be specified in the certificate of





fitness, the boiler or pressure vessel may safely be used and operated
having regard to the pressure to be specified in the certificate of fitness as
the maximum permissible working pressure at which the boiler or pressure
vessel may be operated; and

(ii)in the case of a steam receiver, that the steam receiver and the pipe
connecting the steam receiver with any supply of steam are of sufficient
strength to withstand any pressure of steam to which they may be
subjected; and

(iii)in the case of an air receiver, that the air receiver and the pipe connecting
the air receiver with any supply of air are of sufficient strength to
withstand any pressure to which they may be subjected,

he shall issue to the owner of the boiler or pressure vessel a certificate of fitness,
and, where, upon such an examination, such appointed examiner is not satisfied as
to any of the matters set out in paragraph (i), (ii) or (iii), he shall refuse to issue a
certificate of fitness.

(4)(a) Every certificate of fitness shall be in the prescribed form and shall
contain the particulars required thereby.

(b)The pressure specified in a certificate of fitness as the maximum permissible
working pressure at which the boiler or pressure vessel to which the
certificate relates may be operated shall be the maximum permissible
working pressure determined in accordance with Part VI or such lesser
pressure as the appointed examiner by whom the certificate is issued
considers necessary for the safe operation of the boiler or pressure vessel,
having regard to its age, general condition or history or the quality of the
workmanship used in its construction or in any repairs that have been
carried out in respect thereof.

(5) In any certificate of fitness issued by him for the purposes of this
Ordinance, an appointed examiner may specify such conditions with respect to the
repair of the boiler or pressure vessel to which the certificate relates as he considers
necessary for its continued safe working.

(6) Whenever an appointed examiner issues a certificate of fitness, he shall also
deliver to the owner of the boiler or pressure vessel 2 copies of the certificate and,
within 7 days after the copies are delivered to him, the owner shall deliver them to
the Authority.

(7) Whenever an appointed examiner refuses to issue a certificate of fitness, he
shall, in writing, notify the Authority as soon as practicable of the circumstances in
which he has refused to issue the certificate.

(Amended 87 of 1988 ss. 33 36)

Appeals from refusal of appointed examiner to issue
certificate of fitness

34.(1) (a) The owner of a boiler or pressure vessel who considers himself
aggrieved by the refusal of an appointed examiner to issue a certificate of
fitness in respect of the boiler or pressure vessel may, within 7 days after
the day on which the examiner notified him of his refusal to issue the
certificate, appeal to the Authority.

(b) Every such appeal shall be in writing.





(2)(a) Where, upon such an appeal, the Authority considers that a certificate
of fitness should be issued in respect of the boiler or pressure vessel, as
the case may be, he shall issue a certificate of fitness to the owner of the
boiler or pressure vessel and shall also deliver to him 2 copies of the
certificate. (Amended 87 of 1988 s. 15)

(b)Where, under paragraph (a), the Authority issues a certificate of fitness,
he shall send a copy thereof to the appointed examiner from whose refusal
to issue such a certificate the appeal was made.

(c)Where, upon such an appeal, the Authority considers that a certificate of
fitness should not be issued in respect of the boiler or pressure vessel, as
the case may be, he shall notify the owner thereof accordingly.

(3) The decision of the Authority upon such an appeal shall be final.

(Amended 87 of 1988 ss. 33 35)

Procedure on examination of pressurized fuel container

35. Where, upon an examination of a pressurized fuel container for the
purposes of this Ordinance, the appointed examiner by whom the examination was
carried out is not satisfied that the pressurized fuel container is in safe working
order, he shall notify the owner thereof that he is not so satisfied, and when, upon
any such examination, the appointed examiner by whom the examination was carried
out is satisfied that the pressurized fuel container is in safe working order he shall
certify accordingly by marking, or causing to be marked, on the pressurized fuel
container, the date on which the examination thereof was completed and, if the
examination was carried out by a pressurized fuel container inspector, his
registration number.

(Amended 8 7 of 1988 s. 3 1)

Appeals from decision of appointed examiner on
examination of pressurized fuel container

36.(1) (a) The owner of a pressurized fuel container who considers himself
aggrieved by the decision of an appointed examiner that he is not satisfied
that the pressurized fuel container is in safe working order may, within 7
days after the day on which the examiner notified him that he is not so
satisfied, appeal to the Authority.

(b) Every such appeal shall be in writing.

(2) Where, upon such an appeal, the Authority considers that the pressurized
fuel container is in safe working order, he shall certify accordingly by marking, or
causing to be marked, on the pressurized fuel container the date on which he
examined the same.

(3) Where, upon such an appeal, the Authority considers that the pressurized
fuel container is not in safe working order, he shall notify the owner thereof
accordingly.

(4) The decision of the Authority upon such an appeal shall be final.

(Amended 8 7 of 1988 ss. 31 35)





PART V

PROVISIONS AS TO PREPARATION FOR, PROCEDURE ON, AND
METHOD OF, EXAMINATION OF BOILERS, STEAM RECEIVERS
AND
AIR RECEIVERS, AND AS TO PRESSURE ACCUMULATION
TESTS AND HYDRAULIC TESTS

Preparation of boilers, etc. for examination

37. (1) Whenever, for the purposes of this Ordinance, a boiler is about to be
examined when it is cold, the owner thereof shall cause the boiler to be prepared for
the examination in the following manner

(a) the boiler shall be empty and every part thereof thoroughly clean;

(b)the boiler shall be sufficiently cool to allow the person carrying out the
examination to carry out the same in safety and without inconvenience;

(e) all mountings shall be opened up and valves and cocks ground in; and

(d)in the case of boilers other than watertube boilers, all fire bars, bearers,
front plates, bridges, arches, manhole and handhole doors, cleaning plugs
and other fittings shall, unless such part does not form an integral part of
the boiler and will not interfere in any way with the examination, be
removed; or

(e)in the case of watertube boilers, the covers of all openings in headers,
muddrums, steam and water drums, manholes and handholes shall be
removed.

(2) Whenever, for the purposes of this Ordinance, a steam receiver is about to
be examined when it is cold or an air receiver is about to be examined when it is not
under pressure, the owner thereof shall cause the steam receiver or the air receiver,
as the case may be, to be prepared for the examination so that, so far as the
construction thereof permits, all parts, both internal and external, and all fittings are
thoroughly clean and accessible for examination.

Procedure on, and method of, examination of boilers

38. (1) The following provisions apply to the examination of a boiler for the
purposes of section 27 or 32- (Amended 67 of 1978 s. 16)

(a)the boiler shall first be thoroughly examined when it is cold and has been
prepared for examination in the manner prescribed in section 37(1);

(b)where, upon the examination in accordance with paragraph (a), the
appointed examiner who carried out the same is of opinion that the boiler
is in need of immediate repairs in order to maintain it in safe working order,
he shall in writing notify the owner of the boiler of the repairs that he
considers necessary;

(c)in each of the following cases, the boiler shall next be subjected by an
appointed examiner to an hydraulic test

(i) where any repairs that have been carried out pursuant to a notice
given by an appointed examiner in accordance with paragraph (b) are
extensive repairs;





(ii) where the size or design of the boiler is such that it is not possible
for an appointed examiner to enter it in order to examine the internal parts
thereof; and

(iii) without prejudice to the provisions of subparagraph (i) or (ii),
whenever an appointed examiner considers it necessary;

(ca) where the boiler is uncertified and the Authority, by notice in writing to
the owner, so requires, the boiler shall be subjected to an hydraulic test or
to testing by a specified non-destructive technique; and (Added 87 of
1988 s. 16)

(d)finally, on the first occasion on which the boiler is again operated, the
boiler, save for any economizer or superheater that may be fitted therein,
shall be- (Amended 87 of 1988 s. 16)

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by the appointed examiner to a pressure accumulation test
if he considers it necessary. (Replaced 67 of 1978 s. 16)

(2) The following provisions apply to the examination of a boiler for the
purposes of section 24

(a)where an appointed examiner considers it necessary, the boiler shall first
be examined when it is cold and has been prepared for examination in the
manner prescribed in section 37(1)(a), (c), (d) and (e);

(b)where an appointed examiner considers it necessary, the boiler shall next
be subjected by an appointed examiner to an hydraulic test;

(ba) where the boiler is uncertified and the Authority, by notice in writing to
the owner, so requires, the boiler shall be subjected to an hydraulic test or
to testing by a specified non-destructive technique; and (Added 87 of
1988 s. 16)

(c)finally, on the first occasion on which the boiler is operated the boiler,
save for any economizer or superheater that may be fitted therein, shall be-
(Amended 87 of 1988 s. 16)

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected to a pressure accumulation test by the appointed examiner
except where he considers that the superheater might be damaged
thereby. (Replaced 67 of 1978 s. 16)

(3) The following provisions apply to the examination of a boiler for the
purposes of section 25

(a)the boiler shall first be examined when it is cold and has been prepared for
examination in the manner prescribed in section 37(1)(a), (c), (d) and (e);

(b)where an appointed examiner considers it necessary, the boiler shall next
be subjected by an appointed examiner to an hydraulic test; and





(c)finally, on the first occasion on which the boiler is again operated, the
boiler, save for any economizer or superheater that may be fitted therein,
shall be- (Amended 8 7 of 1988 s. 16)

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by the appointed examiner to a pressure accumulation test
if he considers it necessary. (Replaced 67 of 1978 s. 16)

(4) The following provisions apply to the examination of a boiler for the
purposes of section 26

(a)the boiler shall first be subjected by an appointed examiner to an hydraulic
test; and

(b)on the first occasion on which the boiler is again operated, the boiler,
save for any economizer or superheater that may be fitted therein, shall be-
(Amended 87 of 1988 s. 16)

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by the appointed examiner to a pressure accumulation test
if he considers it necessary. (Replaced 67 of 1978 s. 16)

Procedure on, and method of, examination of steam receivers

39. (1) The following provisions apply to the examination of a steam receiver
for the purposes of section 27 or 32

(a)the steam receiver shall first be thoroughly examined when it is cold and
has been prepared for examination in the manner prescribed in section
37(2);

(b)where, upon the examination in accordance with paragraph (a), the
appointed examiner who carried out the same is of opinion that the steam
receiver is in need of immediate repairs in order to maintain it in safe
working order, he shall in writing notify the owner of the steam receiver of
the repairs that he considers necessary;

(c)in each of the following cases, the steam receiver shall next be subjected
by an appointed examiner to an hydraulic test

(i) where any repairs that have been carried out pursuant to a notice
given by an appointed examiner in accordance with paragraph (b) are
extensive repairs;

(ii) where the size or design of the steam receiver is such that the
internal parts thereof cannot be readily examined;

(iii) without prejudice to the provisions of subparagraph (i) or (ii),
whenever an appointed examiner considers it necessary;

(ca) where the steam receiver is uncertified and the Authority, by notice in
writing to the owner, so requires, the steam receiver shall be subjected to
an hydraulic test or to testing by a specified non-destructive

technique; and(Added 87 of 1988 s. 17)





(d)finally, on the first occasion on which it is again subjected to steam
pressure, the steam receiver shall be

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by an appointed examiner to a pressure accumulation test
if he considers it necessary.

(2) The following provisions apply to the examination of a steam receiver for
the purposes of section 24

(a)where an appointed examiner considers it necessary, the steam receiver
shall first be examined when it is cold and has been prepared for
examination in the manner prescribed in section 37(2);

(b)where an appointed examiner considers it necessary, the steam receiver
shall next be subjected by an appointed examiner to an hydraulic test;

(ba) where the steam receiver is uncertified and the Authority, by notice in
writing to the owner, so requires, the steam receiver shall be subjected to
an hydraulic test or to testing by a specified non-destructive
technique;and (Added 87 of 1988s.17)

(c)on the first occasion on which the steam receiver is, or is again, subjected
to steam pressure and after the examination thereof when it was cold and
after it has been subjected to the hydraulic test where such examination or
test is considered necessary, the steam receiver shall be

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by an appointed examiner to a pressure accumulation test.

(3) The following provisions apply to the examination of a steam receiver for
the purposes of section 25

(a)the steam receiver shall first be examined when it is cold and has been
prepared for examination in the manner prescribed in section 37(2);

(b)where an appointed examiner considers it necessary, the steam receiver
shall next be subjected to an hydraulic test; and

(c)on the first occasion on which it is again subjected to steam pressure and
after it has been subjected to the hydraulic test where such test is
considered necessary, the steam receiver shall be

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by an appointed examiner to a pressure accumulation test
if he considers it necessary.

(4) The following provisions apply to the examination of a steam receiver for
the purposes of section 26





(a)the steam receiver shall first be subjected by an appointed examiner to
an hydraulic test; and

(b)the steam receiver shall thereafter, on the first occasion on which it is
again subjected to steam pressure, be-
(i) examined when it is under the pressure that will be specified in
the certificate of fitness as the maximum permissible working pressure
at which it may be operated; and
(ii) subjected by an appointed examiner to a pressure accumulation
test if he considers it necessary.
(Amended 67 of 1978 s. 17)

Procedure on, and method of, examination of air receivers

40. (1) The following provisions apply to the examination of an air
receiver, other than a pressurized fuel container, for the purposes of section 27
or 32-

(a)the air receiver shall first be examined when it is not under pressure
and has been prepared for examination in the manner prescribed in
section 37(2);

(b)where, upon the examination in accordance with paragraph (a), the
appointed examiner who carried out the same is of opinion that the air
receiver is in need of immediate repairs in order to maintain it in safe
working order, he shall notify the owner of the air receiver of the
repairs that he considers necessary;

(c)in each of the following cases, the air receiver shall next be subjected
by an appointed examiner to an hydraulic test-
(i) where any repairs that have been carried out pursuant to a
notice given by an appointed examiner in accordance with paragraph
(b) are extensive repairs;
(ii) where the size or design of the air receiver is such that the
internal parts thereof cannot be readily examined; and
(iii) without prejudice to the provisions of subparagraph (i) or (ii),
whenever an appointed examiner considers it necessary;

(ca) where the air receiver is uncertified and the Authority, by notice in
writing to the owner, so requires, the air receiver shall be subjected to
an hydraulic test or to testing by a specified non-destructive technique;
and (Added 87 of 1988 s. 18)

(d) finally, the air receiver shall be-
(i) examined when it is under the pressure that will be specified in
the certificate of fitness as the maximum permissible working pressure
at which it may be operated; and
(ii) subjected by an appointed examiner to a pressure accumulation
test if he considers it necessary.

(2) The following provisions apply to the examination of an air receiver,
other than a pressurized fuel container, for the purposes of section 24-





(a)where an appointed examiner considers it necessary, the air receiver shall
first be examined when it is not under pressure and has been prepared for
examination in the manner prescribed in section 37(2);

(b)where an appointed examiner considers it necessary, the air receiver shall
next be subjected by an appointed examiner to an hydraulic test;

(ba) where the air receiver is uncertified and the Authority, by notice in writing
to the owner, so requires, the air receiver shall be subjected to an
hydraulic test or to testing by a specified non-destructive technique; and
(Added 87 of 1988s.18)

(c) in every case, the air receiver shall be-

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by an appointed examiner to a pressure accumulation test.

(3) The following provisions apply to the examination of an air receiver, other
than a pressurized fuel container, for the purposes of section 26

(a)the air receiver shall first be subjected by an appointed examiner to an
hydraulic test; and

(b) the air receiver shall thereafter be-

(i) examined when it is under the pressure that will be specified in the
certificate of fitness as the maximum permissible working pressure at
which it may be operated; and

(ii) subjected by an appointed examiner to a pressure accumulation test
if he considers it necessary.

(Amended 67 of 1978 s. 18; 87 of 1988 s. 31)

Examination of pipes of new boilers, steam receivers or
steam containers

41. Where a new boiler or steam receiver is being examined for the purposes of
section 24(1) or a new steam container is being examined for the purposes of section
28(2), every pipe that will convey oils, steam or water under pressure to or from the
boiler, steam receiver or steam container, as the case may be, shall be subjected by a
boiler inspector to an hydraulic test.

(Amended 87 of 1988 s. 37)

Procedure where, on certain examinations of boiler, etc.,
appointed examiner is not satisfied as to condition of steam
or water pipes

42. (1) Without prejudice to section 30, where, upon an examination of a boiler
or steam receiver for the purposes of section 25, 26, 27 or 32, the appointed examiner
who is carrying out the examination or any part thereof is not satisfied as to the
condition of any pipe that conveys or may convey oils, steam or water under
pressure to or from the boiler or steam receiver or a steam container, he shall notify
the Authority accordingly. (Amended 67 of 1978 s. 19; 87 qf* 1988 s. 3 7)





(2) Upon receipt of a notification under subsection (1), the Authority may

(a)require the whole of the lagging surrounding the pipe to be removed in
order to enable a thorough examination of the pipe to be made; and

(b)by notice in writing served on the owner of the boiler, steam receiver or
steam container for which or in connection with which the pipe is provided,
require him to cause the pipe to be subjected by a boiler inspector to an
hydraulic test.

(3) An hydraulic test carried out pursuant to a requirement of the Authority
made under subsection (2)(b) shall be to

(a)twice the pressure that will be specified in the certificate of fitness as the
maximum permissible working pressure of the boiler or steam receiver for
which or in connection with which the pipe is provided; or

(b)the appropriate hydraulic test pressure specified in a recognized
engineering standard or code. (Amended 87 of 1988 s. 30)

(Amended 8 7 of 1988 s. 35)

Pressure accumulation tests

43. (1) Every pressure accumulation test to which a boiler is subjected for the
purposes of this Ordinance shall be carried out

(a) under full firing conditions;

(b) with the feed water shut off; and

(c)with the stop valves closed except to the extent that it is necessary for any
stop valve to be open to supply steam to auxiliary equipment for the
purposes of the test. (Added 67 of 1978s.20)

(2) Every pressure accumulation test to which a steam receiver is subjected for
the purposes of this Ordinance shall be carried out at the maximum pressure of steam
supply to which, with the stop valve or valves fully opened and any other plant or
equipment that normally receives a supply of steam from the pipe or pipes supplying
the steam receiver shut down, the steam receiver may be subjected when the boiler
to which it is connected is being operated at the pressure that is or will be specified
in the certificate of fitness issued in respect thereof as its maximum permissible
working pressure.

(3) Every pressure accumulation test to which an air receiver is subjected for
the purposes of this Ordinance shall be carried out

(a)at the maximum pressure that can be obtained in the compressor to which
the air receiver is connected;

(b)with the reducing valve or valves, or such other appliance as may be used
to regulate the supply of compressed air to the air receiver, fully opened;
and

(c)with any other plant or equipment that normally receives a supply of air
from the pipe or pipes supplying the air receiver shut down.





Hydraulic tests

44. (1) No hydraulic test of a new boiler or pressure vessel that is being
examined for the purposes of section 24 shall be carried out until the maximum
permissible working pressure of the boiler or pressure vessel, as the case may be,
has been determined in accordance with this Ordinance. (Amended 67 of 1978 s. 21;
87 of 1988 s. 33)

(2) On the completion of an hydraulic test, the boiler, steam receiver or air
receiver, as the case may be, shall be further examined by the appointed examiner
who carried out the test in order to ascertain the condition of any parts thereof that
may have been affected by the hydraulic pressure.

(3)(a) An hydraulic test of a boiler or steam receiver, other than a new boiler
or a new steam receiver that is being examined for the purposes

of section 24, shall be to one and one-half times the pressure that will be
specified in the certificate of fitness as the maximum permissible working
pressure of the boiler or steam receiver.

(b)An hydraulic test of a new boiler or steam receiver that is being examined
for the purposes of secion 24 shall be to one and one-half times the
pressure that will be specified in the certificate of fitness as the maximum
permissible working pressure of the boiler or steam receiver. (Amended 67
of 1978 s.21)

(4) An hydraulic test of an air receiver shall, in relation to the pressure that will
be specified in the certificate of fitness as the maximum permissible working
pressure of the air receiver, be in accordance with a recognized engineering
standard or code or as follows

(a) in the case of a seamless steel air bottle-

(i) shall be to twice that pressure where the maximum permissible
working pressure does not exceed 14 megapascals;

(ii) shall be to that pressure plus 14 megapascals where the maximum
permissible pressure exceeds 14 megapascals but does not exceed
28megapascals; and (Replaced 87 of 1988 s. 19)

(iii) shall be to one and one-half times that pressure where the maximum
permissible working pressure exceeds 28 megapascals; and

(b) in the case of other air receivers-

(i) shall be to twice that pressure where the maximum permissible
working pressure does not exceed 700 kilopascals; and

(ii) shall be to one and one-half times that pressure plus 350 kilopascals
where the maximum permissible working pressure exceeds 700 kilopascals.
(Replaced 87 of 1988 s. 19)

(Replaced 67 of 1978 s.21. Amended 87of 1988s.19) (5) An
hydraulic test for the purposes of section 30 or 41 of a pipe that conveys or will or
may convey oils, steam or water under pressure shall(Amended 87 of 1988 s. 37)

(a)in the case of copper pipes, be to twice the pressure that is or will be
specified in the certificate of fitness as the maximum permissible working
pressure of the boiler or steam receiver, as the case may be, and, in the
case of steel pipes, be to 3 times that pressure; or





(b)in the case of copper pipes or steel pipes, be to the appropriate hydraulic
test pressure specified in a recognized engineering standard or code.
(Amended 87 of 1988 s. 30)

Appointed examiner examining boiler, etc. under
maximum permissible working pressure to set safety valve

45. Whenever, for the purposes of this Ordinance, an appointed examiner is
carrying out an examination of a boiler, steam receiver or air receiver under the
pressure that will be specified in the certificate of fitness as its maximum permissible
working pressure, he shall, by scaling or some other suitable method, ensure that
the safety valve is so adjusted as to prevent the boiler, steam receiver or air
receiver, as the case may be, from being operated at a pressure greater than that
pressure.

46. (Repealed 67 of 1978 s. 22)

PART VI

INITIAL DETERMINATION OF MAXIMUM PERMISSIBLE WORKING
PRESSURE OF BOILERS AND PRESSURE VESSELS
(Amended 8 7 of 1988 s. 34)

Initial determination of maximum permissible working
pressure of boilers and pressure vessels

47. (1) Where a new boiler or pressure vessel is being examined for the
purposes of section 24, an appointed examiner shall determine the maximum
permissible working pressure at which, in his opinion, the boiler or pressure vessel,
as the case may be, may be operated. (Replaced 67 of 1978 s. 23)

(2) Where, in accordance with the provisions of subsection (1), the maximum
permissible working pressure of a boiler or pressure vessel has been determined, the
appointed examiner who determined the same shall notify the Authority thereof.

(3) The following provisions apply in relation to the determination under
subsection (1) of the maximum permissible working pressure of a boiler or pressure
vessel, namely--

(a)where, in the opinion of the appointed examiner who is determining such
pressure, it is necessary for him, in determining the same, to assess such
pressure by calculation, the calculation shall be based on the formulae
specified in a recognized engineering standard or code relating to boilers
or pressure vessels, as the case Tay be, of the type or class in question,
or, where, in relation to boilers or pressure vessels of the type or class in
question, no formulae are so specified, on such formulae as the Authority
specifies; (Amended 87of 1988ss.30&34)

(b)where the maximum permissible working pressure of a boiler or pressure
vessel of unknown or uncertain origin or history has been assessed by
calculation, the maximum permissible working pressure of the boiler or
pressure vessel, when determined by the appointed examiner, shall not be
greater than the pressure so assessed less 10%; and





(c)regard shall be had to the age of the boiler or pressure vessel, as the case
may be, and to its general condition, its history and the quality of the
workmanship used in its construction and in any repairs that have been
carried out in respect thereof.

(Amended 87 of 1988 ss. 33, 35 36)

Appeals from determination of appointed examiner as to
maximum
permissible working pressure of boiler or pressure vessel

48. (1) (a) The owner of a boiler or pressure vessel who considers himself
aggrieved by the decision of an appointed examiner under section 47 as to the
maximum permissible working pressure at which the boiler or pressure vessel may be
operated may, not later than 7 days after he was notified of the decision, appeal to
the Authority.

(b) Every such appeal shall be in writing.

(2) When, upon such an appeal, the Authority has determined the maximum
permissible working pressure at which, in his opinion, the boiler or pressure vessel,
as the case may be, may be operated, he shall notify thereof the owner of the boiler
or pressure vessel and, upon the delivery to him by the owner of the boiler or
pressure vessel of the certificate of fitness, if any, issued after the examination, shall,
where necessary, amend the certificate so that it indicates the maximum permissible
working pressure determined by him. (Amended 8 7 of 1988 s. 20)

(3) The determination of the Authority upon such an appeal shall be final.

(4) Where such an appeal has been made, the boiler or pressure vessel in
question shall not, until the determination of the appeal, be operated at a pressure
greater than the maximum permissible working pressure determined by the
appointed examiner.

(Amended 8 7 of 1988 ss. 33 35)

Variation by Authority of determination of appointed examiner

48A. (1) Where

(a)a decision of an appointed examiner under section 47 relates to an
uncertified boiler or pressure vessel; and

(b)the Authority is of the opinion that it would not be safe to use the boiler
or pressure vessel at the maximum permissible working pressure
determined by the appointed examiner,

the Authority may, within 30 days of being notified of that decision, reduce the
maximum permissible working pressure to a pressure at which, in the opinion of the
Authority, the boiler or pressure vessel may be operated.

(2) Where, under subsection (1), the Authority reduces the maximum
permissible working pressure of a boiler or pressure vessel, he shall notify the
owner of the boiler or pressure vessel of that reduction and, upon delivery to him by
the owner of the boiler or pressure vessel of the certificate of fitness, if any, issued
after the examination, shall, where necessary, amend the certificate so that it
indicates the maximum permissible working pressure as reduced by him. (Added 87
of 1988 s. 21)





PART VII

OFFENCES AND PENALTIES

Offences in relation to use and operation of boilers or
pressure vessels

49. (1) No boiler or pressure vessel, other than a pressurized fuel container,
shall be used or operated, except for the purposes of this Ordinance by or under the
direction of the Authority or an appointed examiner, unless the boiler or pressure
vessel and its auxiliary equipment has been examined in accordance with this
Ordinance and a certificate of fitness has been issued in respect thereof after that
examination.

(2) No pressurized fuel container shall be used or operated, except for the
purposes of this Ordinance by or under the direction of the Authority or an
appointed examiner unless the pressurized fuel container has been examined in
accordance with this Ordinance and has been certified in the manner provided by
this Ordinance to be in safe working order.

(3) No new pressurized fuel container shall be used or operated unless it has
been approved by the Authority or is of a type or brand that has been approved by
the Authority.

(4) No boiler or pressure vessel shall be operated at a greater pressure than the
pressure specified in the latest certificate of fitness issued in respect thereof as the
maximum permissible working pressure at which the boiler or pressure vessel may be
operated.

(5) No boiler or pressure vessel shall be used or operated otherwise than in
accordance with the conditions (if any) specified in the certificate of fitness issued
after the last examination thereof for the purposes of this Ordinance.

(6) No boiler or pressure vessel shall be used or operated during the
continuance in force of an order in respect thereof made under section 32.

(7) No boiler or steam receiver shall be operated except under the direct
supervision of a competent person whose certificate of competency certifies that he
is competent to operate all classes or types of boiler and steam receiver or that he is
competent to operate boilers or steam receivers of the class or type in question.

(8) In the event of a contravention of subsection (1), (2), (3), (5) or (7), the
owner of the boiler or pressure vessel, as the case may be, shall be guilty of an
offence and shall be liable on summary conviction to a fine of $30,000. (Amended 18
of 1982 s. 5)

(9) In the event of a contravention of subsection (4), the owner of the boiler or
pressure vessel, as the case may be, shall be guilty of an offence and shall be liable
on summary conviction to a fine of $30,000 unless he shows to the satisfaction of
the court that he did not know that the boiler or pressure vessel was being so
operated and that he had taken all reasonable steps to prevent its being so operated.
(Amended 18 of 1982 s. 5)

(10) In the event of a contravention of subsection (6), the owner of the boiler or
pressure vessel, as the case may be, shall be guilty of an offence and shall be liable
on summary conviction to a fine of 550,000. (Amended 18 of 1982s.5)

(Amended 87 of 1988 ss. 31, 33 35)





Contravention of certain provisions of Ordinance to be an
offence and penalty therefor

50. (1) The owner of a boiler or pressure vessel who, without reasonable
excuse, contravenes section 13, 15A, 16(2), 17, 62 or 63 shall be guilty of an offence
and shall be liable on summary conviction to a fine of $10,000. (Amended 93 of 1970 s.
6; 67 of 1978 s. 24; 87 of 1988 ss. 22 33)

(2) The owner of a steam container who, without reasonable excuse,
contravenes section 14, 15A or 62 shall be guilty of an offence and shall be liable on
summary conviction to a fine of $10,000. (Amended 93 of 1970s.6;67of 1978s.24)

(3) The owner of a pressurized fuel container who, without reasonable excuse,
contravenes section 19, 21 or 20(3) shall be guilty of an offence and shall be liable
on summary conviction to a fine of $10,000. (Amended 87 of 1988 s. 31)

(Amended 18 of 1982 s. 6)

Owner of boiler or pressure vessel to he guilty of offence
in event of contravention of certain provisions of
Ordinance or of certain conditions

51. (1) In the event of a contravention of section 22, the owner of the boiler,
pressure vessel, steam container, fuel burning installation or appliance, as the case
may be, shall be guilty of an offence and shall be liable on summary conviction to a
fine $20,000.

(2) In the event of a contravention of section 48(4), the owner of the boiler or
pressure vessel shall be guilty of an offence and shall be liable on summary
conviction to a fine of $30,000.

(3) In the event of a contravention of a condition imposed on the grant of an
exemption under section 9 or specified in an order made under section 10(1), the
owner of the boiler or pressure vessel in question shall be guilty of an offence and
shall be liable on summary conviction to a fine $10,000.

(Amended 18 of 1982 s. 7;87 of 1988 s. 33)

Persons not to enter or he in certain boilers

52. (1) No person shall enter or be in any boiler that is one of a range of 2 or
more boilers unless

(a)all inlets through which steam, hot oil or hot water might otherwise enter
the boiler from any other part of the range are disconnected from that part;
or (Amended 87 of 1988 s. 23)

(b)all valves or cocks controlling such entry are closed and securely locked,
and, where the boiler has a blow-off pipe in common with one or more
boilers or delivering into a common blow-off vessel or sump, the blow-off
valve or cock on each such boiler is so constructed that it can be opened
only by a key that cannot be removed until the valve or cock is closed and
is the only key in use for that set of blow-off valves or cocks.

(2) In the event of a contravention of subsection (1), the owner of the boiler
shall be guilty of an offence and shall be liable on summary conviction to

a fine of $20,000.(Amended 18 of 1982 s. 8)





Offences in relation to use and operation of portable gas
generators, etc.

53. (1) Save with the permission of the Authority granted under section
59, no portable gas generator shall be used or operated.

(2) In the event of a contravention of subsection (1), the owner of the
portable gas generator shall be guilty of an offence and shall be liable on
summary conviction to a fine of $20,000.

(3) In the event of a contravention of a condition imposed on the grant by
the Authority under section 59 of his permission to use and operate a portable
gas generator, the owner of the portable gas generator shall be guilty of an
offence and shall be liable on summary conviction to a fine of $5,000.
(Amended 18 of 1982 s. 9; 87 of 1988 s. 35)

Offences in relation to Boards of Inquiry

54. Any person who, being duly summoned to attend as a witness any
sitting of a Board of Inquiry or to produce any document or thing, refuses or
neglects to do so or to answer any question put to him by or with the consent of
the Board of Inquiry shall be guilty of an offence and shall be liable on summary
conviction to a fine of $5,000 and to imprisonment for 6 months: (Amended 18
of 1982 s. 10)

Provided that no person shall be bound to incriminate himself and every
witness shall, in respect of any evidence given by him before a Board of Inquiry,
be entitled to the same privileges as those to which he would have been entitled
had he been giving evidence before a court of justice.

Miscellaneous offences and penalties therefor

55. (1) Any person who-

(a)forges a certificate of fitness or a certificate of competency or any
notice or form delivered or sent to the Authority or an authorized
officer pursuant to, or for the purposes of, this Ordinance or any other
document required by, under or for the purposes of this Ordinance;
(Amended 87 of 1988 s. 24)

(b)makes or causes to be made in a certificate of fitness or in any such
notice, form or document any statement or entry that is false in a
material particular;

(c)gives or signs a certificate of fitness or any such notice, form or
document knowing it to be false in a material particular;

(d)utters or makes use of a certificate of fitness or a certificate of
competency or any such notice, form or document knowing the same
to be forged or to be false in a material particular;

(e)utters or makes use of as applying to a boiler or pressure vessel a
certificate of fitness that to his knowledge does not so apply;

falsely certifies that he is satisfied that a pressurized fuel container is in
safe working order;





(g)applies to a pressurized fuel container a mark that to his knowledge
indicates falsely the date on which the pressurized fuel container was
examined in accordance with this Ordinance or that to his knowledge
indicates falsely that the pressurized fuel container has been examined in
accordance with this Ordinance;

(h)utters or makes use of as applying to any person a certificate of
competency that to his knowledge does not so apply;

(i) personates the person named in a certificate of competency; or

(j)wilfully obstructs or delays the Authority or an authorized officer in the
exercise of any power conferred upon him by this Ordinance, (Amended
11 of 1965 s. 3; 18 of 1982 s. 11; 87 of 1988 s. 24)

shall be guilty of an offence and shall be liable on summary conviction to a fine of
510,000 and to imprisonment for 12 months. (Amended 18 of 1982s.11;87 of 1988
ss. 31 33)

(22) Any person who, without reasonable excuse, fails to comply with a
requirement made by the Authority or an authorized officer in the exercise of a
power in that behalf conferred by this Ordinance shall be guilty of an offence and
shall be liable on summary conviction to a fine of $10,000. (Amended 11 of 1965 s. 3;
18 of 1982 s. 11; 87 of 1988 s. 24)

Corruption

56. (1) Any person who, by himself, or by or in conjunction with any other
person, corruptly solicits or receives, or agrees to receive for himself, or for any
other person, any gift, loan, fee, reward or advantage whatsoever as an inducement
to, or reward for, or otherwise on account of a boiler inspector, an air receiver
inspector or a pressurized fuel container inspector, other than such an inspector
who is an officer or servant of a public body within the meaning of the Prevention of
Bribery Ordinance (Cap. 201), giving a certificate of fitness or forbearing to make any
report or notification required to be made by this Ordinance or doing or forbearing to
do anything in respect of the giving of any such certificate or the making of any
such report or notification, shall be guilty of an offence. (Amended 87 of 1988 s. 31)

(2) Any person who, by himself, or by or in conjunction with any other person,
corruptly gives, promises or offers any gift, loan, fee, reward or advantage
whatsoever to any person, whether for the benefit of that person or another person,
as an inducement to, or reward Tor, or otherwise on account of a boiler inspector, an
air receiver inspector or a pressurized fuel container inspector, other than such an
inspector who is an officer or servant of a public body within the meaning of the
Prevention of Bribery Ordinance, giving a certificate of fitness or forbearing to make
any report or notification required to be made by this Ordinance or doing or
forbearing to do anything in respect of the giving of any such certificate or the
making of any such report or notification, shall be guilty of an offence. (Amended 87
of 1988 s. 31)

(3) Any person who is guilty of an offence under subsection (1) or (2) shall be
liable

(a)on summary conviction, to a fine of 530,000 and to imprisonment for 2
years; and





(b)on conviction on indictment, to a fine of $50,000 and to imprisonment for 5
years. (Amended 18 of 1982 s. 12)

(4) A prosecution for an offence under this section shall not be instituted
except by or with the consent of the Attorney General.

57. (Repealed 87 of 1988 s. 25)

PART VIII

SUPPLEMENTARY AND
MISCELLANEOUS

Approval of pressurized fuel containers

58. (1) Every application to the Authority for his approval of a pressurized
fuel container or for his approval of a type or brand of pressurized fuel container
shall be in writing.

(2) For the purpose of his consideration of any such application, the Authority
may require the person by or on behalf of whom the application was made to supply
him with such particulars (including plans and drawings) as he specifies.

(3) The Authority may refuse to approve a pressurized fuel container or a type
or brand of pressurized fuel container if

(a)the person by or on behalf of whom the application for approval was made
refuses or fails to supply him with any particulars that he has required
under subsection (2);

(b)the pressurized fuel container does not comply with a recognized
engineering standard or code. (Amended 87 of 1988 s. 30)

(4) Whenever the Authority approves a type or brand of pressurized fuel
container, a notification thereof shall be published in the Gazette.

(Amended 87 of 1988 ss. 31 35)

Portable gas generators

59. (1) The Authority may, upon application in writing by any person, permit
that person to use and operate a portable gas generator and may for the purpose of
such application require that the portable gas generator be examined by an
appointed examiner. (Amended 67 of 1978 s. 25)

(2) The grant by the Authority under subsection (1) of his permission to use
and operate a portable gas generator shall be subject to such conditions as to the
operation, maintenance, inspection or otherwise of the portable gas generator as the
Authority considers necessary.

(3) In the event of a contravention of any such condition, the Authority may
revoke his permission to use and operate the portable gas generator.

(Amended 87 of 1988 s. 35)

60. (Repealed 87 of 1988 s. 26)





Owner of boiler, etc. to deliver latest certificate of fitness
to examiner before next examination

61. Whenever an appointed examiner is about to examine any boiler or pressure
vessel, other than a pressurized fuel container, for the purposes of this Ordinance,
the owner of the boiler or pressure vessel shall deliver to such examiner the latest
certificate of fitness issued in respect thereof.

(Amended 87 of 1988 ss. 31 33)

Certificate of fitness to he kept in premises at which boiler
or pressure vessel in respect of which it was issued is
installed

62. Save as otherwise provided-

(a)the owner of a boiler or pressure vessel, other than a boiler or pressure
vessel that is so designed as to be transportable, and is transported, from
one place to another, shall keep the latest certificate of fitness issued in
respect of the boiler or pressure vessel, or a copy thereof, at the premises
or place at which the boiler or pressure vessel is installed; and (Amended
87 of 1988 s. 33)

(b)the owner of a steam container shall keep the report made after the last
examination of the steam container for the purposes of this Ordinance, or
a copy of that report, at the premises or place at which the steam container
is installed.

Provisions as to notification of accidents and defects in
boilers and pressure vessels

63. (1) Where-

(a)an accident occurs in or to a boiler or pressure vessel or its auxiliary
equipment; or

(b)the owner of a boiler or pressure vessel becomes aware of any defect
therein or in its auxiliary equipment that is likely to cause danger to life or
damage to property,

the owner of the boiler or pressure vessel shall forthwith cause the use and
operation thereof to be stopped and shall, as soon as practicable and in any event
within 24 hours, notify the Authority of the accident or defect, as the case may be,
and, where applicable, shall, at the same time, send to the Authority the latest
certificate of fitness issued in respect of the boiler or pressure vessel.

(2) Every such notice shall include the following particulars-

(a) the address or place at which the boiler or pressure vessel is installed;

(b) a general description of the boiler or pressure vessel;

(c) the purpose for which the boiler or pressure vessel is or was used;

(d)where applicable, the name and address of the appointed examiner who
issued the latest certificate of fitness in respect of the boiler or pressure
vessel;





(e) in the case of an accident in or to a boiler or pressure vessel-

(i) the number of persons killed or injured, if any;

(ii) details of the part thereof that failed and the extent of failure
generally, if known; and

(iii) the pressure at which the same was being operated at the time of
the accident; and

in the case of a defect in a boiler or pressure vessel, details of the nature
of the defect.

(Amended 87 of 1988 ss. 33 35)

Limitation of public liability and of personal liability of
public officers

64. (1) No liability shall rest upon the Government or upon any public officer by
reason of the fact that a boiler or pressure vessel and its auxiliary equipment (if any)
is registered or is subject to examination or testing under this Ordinance, or by
reason of the carrying out by a boiler inspector, an air receiver inspector or a
pressurized fuel container inspector, other than such an inspector who is a public
officer, of an examination or test pursuant to this Ordinance or a requirement of the
Authority made thereunder, or by reason of the carrying out by any other person of
any repairs or other work in respect of a boiler or pressure vessel pursuant to or for
the purposes of this Ordinance or by reason of any other matter or thing done, or
any certificate or report given or made under this Ordinance, by a boiler inspector,
an air receiver inspector or a pressurized fuel container inspector, other than such an
inspector who is a public officer, or by any other person. (Amended 87 of 1988 ss.
31, 33 35)

(2) No matter or thing done by the Authority or an authorized officer shall, if it
was done bona fide for the purpose of executing this Ordinance, subject him
personally to any action, liability, claim or demand whatsoever. (Amended 11 of
1965 s. 4; 67 of 1978 s. 26; 18 of 1982 s. 13; 87 of 1988 s. 27)

Regulations

65. (1) The Governor in Council may by regulation provide for-

(a)the design and construction of boilers and pressure vessels and their
auxiliary equipment;

(b)the numbering of boilers and pressure vessels and control of their
operation;

(c) fees. (Amended 87 of 1988 s. 34)

(2) 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 $50,000 and
imprisonment for 2 years. (Amended 18 of 1982 s. 14)

Powers of Authority and inspectors, etc.

66. (1) The Authority and an authorized officer shall have the following

powers-(Amended 67 of 1978 s. 27; 18 of 1982 s. 15; 87 of 1988 s. 28)





(a)at any time, to enter, and where necessary, in the presence of a police
officer, to break into, any premises or place in which he knows or has
reason to believe that there is a boiler or pressure vessel for the
purpose of ascertaining whether or not the provisions of this
Ordinance or any regulations made thereunder are being or have been
complied with in respect of the boiler or pressure vessel or its auxiliary
equipment;

(b)at any time, to inspect, examine and test any boiler or pressure vessel
and its auxiliary equipment;

(c)to require the production of any certificate or other document issued,
kept or made for the purposes of or in connection with this Ordinance,
and to inspect, examine and make copies of the same; and

(d)generally, to make such examination and inquiry as may be necessary
to ascertain whether or not the provisions of this Ordinance or the
regulations made thereunder are being or have been complied with in
respect of any boiler or pressure vessel.

(2) (Repealed 8 7 of 1988 s. 28)

(3) An appointed examiner who is carrying out an examination of a boiler
or pressure vessel and its auxiliary equipment for the purposes of this Ordinance
may require the production of any certificate or other document issued, kept or
made for the purposes of or in connection with this Ordinance.

(4) A boiler inspector who is carrying out an examination of a pipe that
conveys oil, steam or water under pressure to or from a boiler, steam receiver or
steam container may require such minimum part of the lagging surrounding the
pipe as he considers necessary to be removed. (Amended 87 of 1988 s. 28)

(5)(a) Where an authorized officer or an appointed examiner is carrying
out an examination of a boiler or pressure vessel pursuant to or for the
purposes of this Ordinance, he may require- (Amended 18 of 1982
s. 15; 87 of 1988 s. 28)
(i) the removal from the boiler or pressure vessel of stays, tubes,
pipes or any other fittings that, in his opinion, prevent or may prevent
him from making a thorough examination of the boiler or pressure
vessel;
(ii) the removal from the boiler or pressure vessel or its auxiliary
equipment of lagging or brickwork or any other material covering any
part thereof, and
(iii) in order to enable him to ascertain the thickness or condition
of any part of the boiler or pressure vessel, the drilling of test holes in
the plates of the boiler or pressure vessel, the cutting of holes or the
removal of rivets.

(b)Any part of a boiler or pressure vessel that has been removed, and any
holes that have been drilled or cut, pursuant to a requirement of an
authorized officer or an appointed examiner under paragraph (a) shall
be replaced and repaired, respectively, to the satisfaction of the
authorized officer or the appointed examiner, as the case may be.
(Amended 18 of 1982 s. 15; 87 of 1988 s. 28)
(Amended 87 of 1988 s. 33)





Power of Authority to prescribe forms

67. (1) The Authority may by order prescribe the form of a certificate of fitness
and a certificate of competency and of any other document that is required by this
Ordinance to be in the prescribed form. (Amended 87 of 1988 s.36)

(2) A notification of any order made under subsection (1) shall be published in
the Gazette.

Service of orders and notices

68. Wherever in this Ordinance provision is made for the service upon any
person of an order or notice, it shall be sufficient service if a copy of the order or
notice is

(a) delivered to the person upon whom it is to be served;

(b)sent by registered post to the last known place of business or residence
of such person;

(e)left with an adult person at the premises at which the boiler or pressure
vessel to which it relates is installed; or

(d)left with any person found operating the boiler or pressure vessel to
which it relates.

(Amended 87 of 1988 s. 33)

Prosecution of offences

69. (1) Prosecutions for offences under this Ordinance may be brought in the
name of the Authority and may be commenced and conducted by any public officer
appointed under section 13 of the Magistrates Ordinance (Cap. 227).

(2) Nothing in this section shall derogate from the powers of the Attorney
General in relation to the prosecution of offences.

(Replaced 87 of 1988 s. 29)

Saying of certain Ordinances

70. This Ordinance shall be in addition to, and not in derogation of the
Factories and Industrial Undertakings Ordinance (Cap. 59), the Prevention of
Bribery Ordinance (Cap. 201), and the Mining Ordinance (Cap. 285).

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/2318

Edition

1964

Volume

v5

Subsequent Cap No.

56

Number of Pages

44
]]>
Tue, 23 Aug 2011 18:05:45 +0800
<![CDATA[LABOUR RELATIONS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/2317

Title

LABOUR RELATIONS ORDINANCE

Description






LAWS OF HONG KONG

LABOUR RELATIONS ORDINANCE

CHAPTER 55





CHAPTER 55

LABOUR RELATIONS ORDINANCE

ARRANGE~ OF SECTION

Section..................................... Page

PART 1

PRELIMINARY

1....................Short title and commencement ... ... ... ... ... ... ... ... ... 3

2...........Interpretation ................... ... ... ... ... ... ... ... ... ... 3

PART 11

CONCILIATION

3..................................Conciliation . ... 4

4. Report by conciliation officer ... ... ... ... ... ... ... ... ... ... 4

5...............Special conciliation ......... ... ... ... ... ... ... ... ... ... 4

6......................Publication of special conciliation ... ... ... ... ... ... ... ... 4
7......................Report by special conciliation officer ... ... ... ... ... ... ... ... 5

8..........................Memorandum of settlement of trade dispute ... ... ... ... ... ... 5

9.................Privileged communications ... ... ... ... ... ... ... ... ... ... 5

10.....................Submission to Governor in Council ... ... ... ... ... ... ... ... 5

11..........................Reference to arbitration or board of inquiry ... ... ... ... ... ... 5

PART III

ARBITRATION

12..............Arbitration tribunal ............ ... ... ... ... ... ... ... ... 5
13..............Hearing to be in private .. ... ... ... ... ... ... ... ... ... ... 6

14............Place of hearing ............... ... ... ... ... ... ... ... ... ... 6

is.................Language of arbitration ... ... ... ... ... ... ... ... ... ... 6

16............Right of audience .............. ... ... ... ... ... ... ... ... ... 6

17........Evidence ........................... ... ... ... ... ... ... ... ... 6

18............................Use of evidence in civil or criminal proceedings ... ... ... ... ... 7

19.....................Award of an arbitration tribunal ... ... ... ... ... ... ... ... 7

20.................Remuneration of arbitrator ... ... ... ... ... ... ... ... ... ... 7

21.....................Arbitration Ordinance not to apply ... ... ... ... ... ... ... ... 7

PART IV

BOARD OF INQUIRY

22............Board of inquiry ............... ... ... ... ... ... ... ... ... ... 7






23. Terms of reference and report of board of inquiry 7

24. Hearing to be in public or in private ... ... ... ... ... ... ... ... ... 8
25. Place of hearing ... ... ... ... ... ... ... ... ... ... ... ... ... 8
26. Language of proceedings ... ... ... ... ... ... ... ... ... ... ... 8
27. Right of audience ... ... ... ... ... ... ... ... ... ... ... ... ... 8
28. Evidence ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
29. Use of evidence in civil or criminal proceedings ... ... ... ... ... ... 8





Section Page

30. Contempts to be offences ... ... ... ... ... ... ... ... ... ... ... 9
31. Protection of members of board of inquiry, etc . ... ... ... ... ... ... 9
32. Police and bailiffs to assist board of inquiry ... ... ... ... ... ... ... 9
33. Cost of inquiry ... ... ... ... ... ... ... ... ... ... ... ... ... 9

34......................................Publication of, and comments on, proceedings of board of inquiry ... 9

PART V

COOLINC-OFF
PERIOD

35..........................Making and effect of cooling-off period order ... ... ... ... ... ... 10

36.....................Duration of cooling-off period order ... ... ... ... ... ... ... ... 12

37, Proceedings for contempt...... ... ... ... ... ... ... ... ... ... ... 12





CHAPTER 55

LABOUR RELATIONS

To provide for improvement of labour-management relations and the
settlement of trade disputes and matters incidental thereto.

[1st August, 1975.1

PART I

PRELIMINARY

1. (1) This Ordinance may be cited as the Labour Relations
Ordinance.

(2) Part V shall come into operation on a day to be appointed by the
Governor in Council by notice in the Gazette.

2. In this Ordinance, unless the context otherwise requires

,,arbitration' means arbitration in a trade dispute under Part III;

'.arbitration tribunal' means an arbitration tribunal appointed under
section 12;

'board of inquiry' means a board of inquiry appointed under section 22;

'Commissioner' means the Commissioner for Labour;

'conciliation' means a discussion or action initiated or undertaken by a
conciliation officer to assist the parties to a trade dispute to reach a
settlement of the trade dispute;

'conciliation officer' means an officer of the Labour Relations Division
of the Labour Department who is authorized by the Commissioner
under section 3(c) to initiate or undertake conciliation;

'employee' means any person who has entered into or works under (or,
in the case of a contract which has been terminated, worked under)
a contract with an employer, whether the contract is by way of
manual labour, clerical work or otherwise, is express or implied, oral
or in writing, and whether it is a contract of service or
apprenticeship or a contract personally to execute any work or
labour;

,&employer' means the person by whom an employee is (or, in a case
where the employment has ceased, was) employed;

'party' means a party to a trade dispute;

'special conciliation' means a discussion or action initiated or
undertaken by a special conciliation officer to assist the parties to a
trade dispute to reach a settlement of the trade dispute;





'special conciliation officer' means a senior officer of the Labour
Relations Division of the Labour Department, or any other public
officer or person, who is authorized by the Commissioner under
section 5 to initiate or undertake special conciliation;

'trade dispute' means any dispute or difference between employers and
employees, or between employees and employees, connected with
the employment or non-employment, or the terms of employment, or
with the conditions of or affecting employment, of any person.

PART II

CONCILIATION

3. Where a trade dispute exists or is apprehended the Commissioner
may, with the object of promoting settlement of the trade dispute,

(a)inquire into the causes and circumstances of the trade dispute;

(b)take such steps as to him may seem expedient for the purpose
of assisting the parties to reach a settlement of the trade
dispute;

(c)authorize a conciliation officer to initiate or undertake
conciliation.

4. (1) Where a conciliation officer has attempted conciliation but no
settlement of the trade dispute has been reached, the conciliation officer
shall without delay report the matter to the Commissioner.

(2) In a report under subsection (1), the conciliation officer shall set
out, in addition to any other information which he considers will be of
assistance to the Commissioner, such facts as appear to him to be agreed
by all or any of the parties and such facts as appear to him to be in
dispute between any of the parties.

5. (1) On receipt of a report under section 4, the Commissioner may
authorize a special conciliation officer to initiate or undertake special
conciliation.

(2) The Commissioner, instead of authorizing a conciliation officer
under section 3(c), may, if he is of the opinion that the circumstances of
the trade dispute so warrant, authorize a special conciliation officer to
initiate or undertake special conciliation.

6, The Commissioner may publish the name of the special
conciliation officer authorized under section 5 and particulars relating to
the parties in such manner as be thinks fit.





7. (1) Where a special conciliation officer has attempted special
conciliation but no settlement of the trade dispute has been reached, the
special conciliation officer shall without delay report the matter to the
Commissioner.

(2) In a report under subsection (1), the special conciliation officer
shall set out, in addition to any other information which he considers will
be of assistance to the Commissioner, such facts as appear to him to be
agreed by all or any of the parties and such facts as appear to him to be
in dispute between any of the parties.

8. Where a settlement of a trade dispute is reached by conciliation or
special conciliation, a memorandum of the terms of the settlement shall be
drawn up and signed by the parties, or their representatives, and a copy
of the memorandum shall be delivered to the Commissioner.

9. Anything communicated to a conciliation officer or special
conciliation officer in connexion with the performance of his functions
under this Ordinance shall not be admissible in evidence in any
proceedings before an arbitrator or board of inquiry, except with the
consent of the person who communicated it to the conciliation officer or
special conciliation officer.

10. (1) On receipt of a report under section 7, the Commissioner may
submit a report on the trade dispute to the Governor in Council with
such recommendation as he thinks fit.

(2) In a report under subsection (1), the Commissioner shall set out
such matters relating to the trade dispute as he considers will be of
assistance to the Governor in Council.

11. The Governor in Council may, on considering a report and
recommendation submitted under section 10,

(a)with the consent of the parties, refer the trade dispute to
arbitration;

(b) refer the trade dispute to a board of inquiry; or

(c)take such other action as the circumstances of the trade
dispute may warrant.

PART III

ARBITRATION

12. (1) Where under section 11 the Governor in Council refers a
trade dispute to arbitration, he shall appoint an arbitration tribunal which
shall consist of

(a) a sole arbitrator; or

(b)3 arbitrators, one of whom shall be appointed as the chairman.





(2) The Governor in Council shall, when appointing an arbitration
tribunal under subsection (1), specify the period within which the
arbitration shall be concluded.

(3) For the purpose of facilitating the appointment of an arbitrator to
an arbitration tribunal under subsection (1), the Governor shall
constitute a panel of persons who appear to him to be suitable for such
appointment.

13. An arbitration shall be conducted in private.

14. An arbitration tribunal shall sit for the conduct of an arbitration
at such places and times as, having regard to the convenience of the
parties and witnesses, it thinks fit.

15. An arbitration shall be conducted in the English or Chinese
language as the arbitration tribunal thinks fit.

16. (1) Subject to subsection (3), the following persons shall have a
right of audience before an arbitration tribunal

(a) any party;

(b)an office bearer of a registered trade union or of an association
of employers, if

(i) the trade union or association is a party; or

(ii) members of the trade union or association are parties;

(c)if all parties agree, a barrister or solicitor representing a party;
and

(d)subject to subsection (2), any other person representing a
party.

(2) An office bearer of a registered trade union or of an association
of employers, or a barrister or solicitor, shall not have a right of audience
on behalf of a party under subsection (1)(d)

(3) A person referred to in subsection (1)(b) or (d) shall have a right
of audience on behalf of a party only if he is authorized in writing by the
party to represent it.

17. (1) For the purposes of an arbitration, an arbitration tribunal may
require any person

(a)to furnish, in writing or otherwise, such particulars in relation
to such matters as it may specify;

(b) to attend before it and give evidence on oath or otherwise;

(c) to produce such documents as it may specify.

(2) A requirement of an arbitration tribunal under subsection (1)
shall be enforceable in like manner as an order of the

High Court. (Amended, 92 of 1975, s. 59)





(3) For the purposes of an arbitration, an arbitration tribunal
shall not be bound by the rules of evidence in civil or criminal pro-
ceedings.

18. Evidence given by a person in an arbitration shall not be
admissible against him in any civil or criminal proceedings by
or against him, except where he is charged with an offence under
Part V (Perjury) of the Crimes Ordinance.

19. (1) On an arbitration the arbitration tribunal shall make
such award as it thinks fit.

(2) Where under section 12(1) an arbitration tribunal consists
of 3 arbitrators, an award may be made by any 2 arbitrators.

(3) The arbitration tribunal shall submit the award to the
Governor in Council, who shall as soon as possible cause it to be
published in such manner as he thinks fit.

20. The Governor may pay to an arbitrator such remuneration
out of the general revenue of Hong Kong as he thinks fit.

21. The Arbitration Ordinance shall not apply to any arbitra-
tion, or to any award made by an arbitration tribunal, under this
Ordinance.

PART IV

BOARD OF INQUIRY

22. (1) Where under section 11 the Governor in Council
refers a trade dispute to a board of inquiry, he shall appoint a board
of inquiry consisting of one or more members as he thinks fit.

(2) If a board of inquiry appointed under subsection (1)
consists of two or more members, the Governor in Council shall
nominate a member to be the President of the board of inquiry.

(3) The Governor in Council shall, when appointing a board
of inquiry under subsection (1), specify the period within which the
board of inquiry shall submit a report of its findings.

23. (1) A board of inquiry shall inquire into the causes and
circumstances of a trade dispute and shall submit a report of its
findings to the Governor in Council.

(2) A board of inquiry may include in a report submitted under
subsection (1) such recommendation as it thinks fit.

(3) A board of inquiry may, before submitting a report of its
finding, submit such interim reports as it thinks fit.

(4) The Governor in Council shall as soon as possible after
the receipt of a report of a board of inquiry cause it to be published
in such manner as he thinks fit.





24. The proceedings of a board of inquiry may be held in public
or in private as the board of inquiry thinks fit.

25. A board of inquiry shall sit at such places and times as,
having regard to the convenience of the parties and witnesses, it
thinks fit.

26. The proceedings before a board of inquiry shall be con-
ducted in the English or Chinese language as the board of inquiry
thinks fit.

27. (1) Subject to subsection (3), the following persons shall
have a right of audience before a board of inquiry-

(a) any party;
(b)an office bearer of a registered trade union or of an associa-
tion of employers, if-
(i) the trade union or association is a party; or
(ii) members of the trade union or association are
parties; and

(c)subject to subsection (2), any person (including a barrister
or solicitor) representing a party.

(2) An office bearer of a registered trade union or of an associa-
tion of employers shall not have a right of audience on behalf of a
party under subsection (1)(c).

(3) A person referred to in subsection (1)(b) or (c) (other than a
barrister or solicitor) shall have a right of audience on behalf of a
party only if he is authorized in writing by the party to represent it.

28. (1) For the purposes of an inquiry, a board of inquiry may
require any person-
(a)to furnish, in writing or otherwise, such particulars in rela-
tion to such matters as it may specify;
(b) to attend before it and give evidence on oath or otherwise;

(c) to produce such documents as it may specify.

(2) A requirement of a board of inquiry under subsection (1)
shall be enforceable in like manner as an order of the High
Court. (Amended, 92 of 1975, s. 59)

(3) For the purposes of an inquiry, a board of inquiry shall not
be bound by the rules of evidence in civil or criminal proceedings.

29. Evidence given by a person before a board of inquiry shall
not be admissible against him in any civil or criminal proceedings
by or against him, except where he is charged with an offence under
Part V (Perjury) of the Crimes Ordinance.





30. Any person who, at a hearing by a board of inquiry,-

(a)uses a threatening or insulting expression to or concerning or
in the presence of the board of inquiry; or

(b)behaves in an insulting manner or wilfully interrupts the
proceedings,

shall be guilty of an offence and shall be liable on conviction to a fine of
$2,000 and to imprisonment for 3 months.

31. (1) No member of a board of inquiry shall be liable to any suit or
other proceeding for any act or thing done by him bona fide as such
member of the board of inquiry:

Provided that nothing in this subsection shall be deemed to limit the
power of the High Court to make an order of mandamus, certiorari or
prohibition in relation to proceedings before a board of inquiry.
(Amended, 92 of 1975, s. 59)

(2) All evidence given before a board of inquiry shall be absolutely
privileged, and no person giving such evidence shall be liable to any
suit or other civil proceeding in respect thereof.

32. Police officers and bailiffs of the court shall assist a board of
inquiry, which is conducting an inquiry under this Part, in such matters
as the board of inquiry may require and may do all such things as are
necessary for the purpose of rendering such assistance.

33. The cost of an inquiry conducted under this Part shall be a
charge on the general revenue of Hong Kong.

34. (1) Subject to subsection (2), no person shall be liable to any
civil or criminal proceedings by reason of his publishing a fair and
accurate report or summary of any evidence received in proceedings
before a board of inquiry.

(2) No person shall-

(a)publish or otherwise disclose any evidence received in
proceedings held in private;

(b)publish or otherwise disclose any evidence received in
proceedings held in public the publication or disclosure of
which a board of inquiry has prohibited;

(c)publish any comment on any proceedings, or on any evidence
received in proceedings, before a board of inquiry until the
report of the board of inquiry is published under section 23(4).

(3) Any person who contravenes subsection (2) shall be guilty of
an offence and shall be liable on conviction to a fine of $5,000 and to
imprisonment for 6 months.





PART V

COOLING-OFF PERIOD

35. (1) Where it appears to the Governor in Council
(a)that, in contemplation or furtherance of a trade dispute,
industrial action consisting of

(i) a strike;

(ii) any irregular industrial action short of a strike; or

(iii) a lock-out, has begun or is likely to begin;

(b)that the situation arising out of the trade dispute is of such a
nature, or on such a scale, as to be likely to cause an
interruption in the supply of goods or in the provision of
services which might

(i) be gravely injurious to the economy of Hong Kong or
seriously affect the livelihood of a substantial number of
persons, or create a serious risk of public disorder, or seriously
jeopardize the internal security of Hong Kong; or

(ii) endanger the lives of a substantial number of persons, or
expose a substantial number of persons to serious risk of
disease or personal injury; and

(c)that, having regard to all the circumstances of the trade
dispute, it would be conducive to a settlement of it by
negotiation, conciliation, arbitration or the appointment of a
board of inquiry if the industrial action were discontinued or
deferred,

he may make an order under this section.

(2) An order under this section-

(a)shall specify the area of employment in respect of which the
order is to have effect, that area being defined in the order by
reference to (or to any combination of) any of the following,
that is to say, one or more industries specified in the order, one
or more undertakings or parts of undertakings so specified,
and one or more descriptions of employees so specified;

(b)shall indicate the scope of the trade dispute in consequence of
which the order is made in such manner as may appear to the
Governor in Council to be sufficient to indicate the area of
employment affected by the trade dispute and the extent of
matters to which the trade dispute relates;

(c)may require any person specified in the order, before the end
of such period as may be specified in the order for the
purposes of this paragraph, to take such steps (whether by
way of withdrawing or securing the withdrawal of any
instructions issued by or on behalf of that person or other





wise) as may be so specified for the purpose of securing that
the industrial action specified in the order is discontinued or,
as the case may be, deferred during the period of effect of the
order;

(d)shall specify the date on which the order is to take effect and
the period for which the order is to remain in force;

(e)shall be published in the English and Chinese languages in
such manner as the Governor thinks fit.

(3) Notwithstanding anything in the Trade Unions Ordinance,

any person who,-

(a) during the period of effect of an order under this section,(i) calls,
organizes, procures or finances a strike, or threatens to do
so;

(ii) organizes, procures or finances any irregular industrial
action short of a strike, or threatens to do so;

(iii) institutes, carries on, authorizes, organizes or finances a
lock-out, or threatens to do so;

(iv) penalizes or otherwise discriminates against an
employee by reason of the employee taking part, or failing or
refusing to take part, in the trade dispute in consequence of
which the order is made,

within the area of employment specified in the order or any
part of that area; or

(b) contravenes any requirement under subsection (2)(e),
shall be guilty of contempt and may be dealt with in like manner as
if he had been guilty of contempt of the High Court. (Amended,
92 of 1975, s. 59)

(4) In this section-

'irregular industrial action short of a strike' means any concerted
course of conduct (other than a strike) which, in contemplation
or furtherance of a trade dispute,-

(a)is carried on by a group of employees with the intention of
preventing, reducing or otherwise interfering with the
production of goods or the provision of services; and

(b) in the case of some or all of them, is carried on in breach of their
comtracts of employment or in breach of their terms and
conditions of service;

'lock-out' means the closing of a place of employment, or the
suspension of work, or the refusal by an employer to continue to
employ any number of persons employed by him in consequence of
a trade dispute, done with a view to compelling those persons, or to
aiding another employer in compelling persons employed by him, to
accept terms or conditions of or affecting employment;

',strike' means-

(a)the cessation of work by a body of persons employed acting in
combination; or





(b)a concerted refusal, or a refusal under a common
understanding, of any number of persons employed, to
continue to work for an employer in consequence of a trade
dispute,

done as a means of compelling

(i) their employer or the employer of any other person or body of
persons; or

(ii) any person or body of persons employed, to accept or not to
accept terms or conditions of or affecting employment.

36. (1) Subject to subsection (2), the initial period during which an
order under section 35 may remain in force shall be a period not
exceeding 30 days from the date it is to take effect.

(2) The Governor in Council may, if he thinks it is desirable to do so,
extend the period of effect of an order under section 35 to a period not
exceeding 60 days in the whole.

(3) If the period of effect of an order under section 35 is extended
under subsection (2), notice of such extension shall be published in the
English and Chinese languages in such manner as the Governor thinks
fit.

37. (1) Proceedings for contempt under section 35(3) shall be
brought in the High Court on application by the Attorney General.

(2) The Chief Justice may make rules providing for the procedure in
proceedings for contempt under subsection (1) and in the absence of
such rules the High Court may apply such rules of

procedure as it thinks fit.(Amended, 92 of 1975, s. 59)
Originally 55 of 1975. 92 of 1975. Short title and commencement. Interpretation. Conciliation. Report by conciliation officer. Special conciliation. Publication of special conciliation. Report by special conciliation officer. Memorandum of settlement of trade dispute. Privileged communications. [cf. 1971 c. 72, s. 146(6).] Submission to Governor in Council. Reference to arbitration or board of inquiry. Arbitration tribunal. Hearing to be in private. Place of hearing. Language of arbitration. Right of audience. Evidence. Use of evidence in civil or criminal proceedings. (Cap. 200.) Award of an arbitration tribunal. Remuneration of arbitrator. Arbitration Ordinance not to apply. (Cap. 341.) Board of inquiry. Terms of reference and report of board of inquiry. Hearing to be in public or in private. Place of hearing. Language of proceedings. Right of audience. Evidence. Use of evidence in civil or criminal proceedings. (Cap. 200.) Contempts to be offences. Protection of members of board of inquiry, etc. Police and bailiffs to assist board of inquiry. Cost of inquiry. Publication of, and comments on, proceedings of board of inquiry. Making and effect of cooling-off period order. [cf. 1971 c. 72, s. 138(1) & (2).] [cf. 1971 c. 72, s. 139(2), (6) & (7).] [cf. 1971 c. 72, s. 139(4) & (5).] (Cap. 332.) [cf. 1971 c. 72 s. 33(4).] Duration of cooling-off period order. [cf. 1971 c. 72, s. 140(2).] Proceedings for contempt.

Abstract

Originally 55 of 1975. 92 of 1975. Short title and commencement. Interpretation. Conciliation. Report by conciliation officer. Special conciliation. Publication of special conciliation. Report by special conciliation officer. Memorandum of settlement of trade dispute. Privileged communications. [cf. 1971 c. 72, s. 146(6).] Submission to Governor in Council. Reference to arbitration or board of inquiry. Arbitration tribunal. Hearing to be in private. Place of hearing. Language of arbitration. Right of audience. Evidence. Use of evidence in civil or criminal proceedings. (Cap. 200.) Award of an arbitration tribunal. Remuneration of arbitrator. Arbitration Ordinance not to apply. (Cap. 341.) Board of inquiry. Terms of reference and report of board of inquiry. Hearing to be in public or in private. Place of hearing. Language of proceedings. Right of audience. Evidence. Use of evidence in civil or criminal proceedings. (Cap. 200.) Contempts to be offences. Protection of members of board of inquiry, etc. Police and bailiffs to assist board of inquiry. Cost of inquiry. Publication of, and comments on, proceedings of board of inquiry. Making and effect of cooling-off period order. [cf. 1971 c. 72, s. 138(1) & (2).] [cf. 1971 c. 72, s. 139(2), (6) & (7).] [cf. 1971 c. 72, s. 139(4) & (5).] (Cap. 332.) [cf. 1971 c. 72 s. 33(4).] Duration of cooling-off period order. [cf. 1971 c. 72, s. 140(2).] Proceedings for contempt.

Identifier

https://oelawhk.lib.hku.hk/items/show/2317

Edition

1964

Volume

v5

Subsequent Cap No.

55

Number of Pages

13
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