FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE

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.)

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.)

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