Cap 59 s 7 Power of Commissioner to make regulations, etc. (FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE)

Contents of Section

Chapter:	59	Title:	FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE	Gazette Number:	L.N. 130 of 2007
Section:	7	Heading:	Power of Commissioner to make regulations, etc.	Version Date:	01/07/2007

Remarks:

For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.

(1) The Commissioner 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;

(f) 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;

(l) 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)

(oa) without prejudice to the generality of paragraph (o), requiring proprietors and contractors (including any class of proprietors and contractors)-

(i) to develop, implement and maintain any management system that relate to the safety of personnel in their industrial undertakings;

(ii) to prepare and revise safety policy statements in relation to the general safety policy of their industrial undertakings and make such statements available to persons employed;

(iii) to establish safety committees to identify, recommend and review measures to improve the safety and health of persons employed;

(iv) to employ, or otherwise use the services of, persons specified in regulations made under this section to assess the effectiveness of any management system referred to in subparagraph (i) as implemented; (Added 53 of 1999 s. 5)

(ob) in relation to any registration of persons referred to in paragraph (oa)(iv) or who operate schemes to train those persons (including any class of those persons)-

(i) the keeping of a register;

(ii) the specification of conditions (including requirements) for registration;

(iii) the recognition by the Commissioner of any scheme having regard to the scheme operator;

(iv) the better and more effectual carrying out of the scheme of registration; (Added 53 of 1999 s. 5)

(oc) means of assessing by the Commissioner the performance of persons referred to in paragraph (ob); (Added 53 of 1999 s. 5)

(od) the appointment of a disciplinary board panel and a disciplinary board by the Secretary for Labour and Welfare with- (Amended L.N. 106 of 2002; L.N. 130 of 2007)

(i) all such powers that are necessary for the purposes of conducting any hearing before the board;

(ii) power to exonerate or discipline the person concerned (including the power of cancellation of registration, suspension of registration, the imposition of a fine not exceeding $10000 or reprimanding the person concerned);

(iii) power to make any order with respect to costs; (Added 53 of 1999 s. 5)

(oe) decisions in relation to which appeals may be made to the Administrative Appeals Board (including consequentially amending the Schedule to the Administrative Appeals Board Ordinance (Cap 442)); (Added 53 of 1999 s. 5)

(p) generally, carrying into effect the provisions of this Ordinance.

(2) (a) Where the Commissioner 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 connection 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 is particular such special regulations may-

(i) prohibit or control the employment of all persons or any class of persons in connection 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 shall be submitted to the Chief Executive, and shall be subject to the approval of the Legislative Council. (Amended 54 of 2000 s. 3)
(4) The Commissioner in such cases as he shall think fit may, for such period and subject to such conditions as he may specify, exempt any industrial undertaking from any regulation made under this Ordinance and the Commissioner, or any officer authorized in writing by him, may order the adoption of special precautions in addition to any precautions required by any regulation made under this Ordinance. (Amended 7 of 1959 s. 2; 4 of 1969 s. 6; 6 of 1994 s. 36)
(4A) Any person aggrieved by an exemption or order made under subsection (4) may, within 28 days of being notified of such exemption or order, appeal to the Administrative Appeals Board. (Added 6 of 1994 s. 36)
(5) Regulations made under this section may provide that contravention of specified provisions of such regulations shall be an offence and may provide penalties therefor:
Provided that no penalty so provided shall exceed a fine of $200000 and imprisonment for 12 months. (Amended 52 of 1973 s. 3; 57 of 1980 s. 2; 71 of 1989 s. 6; 81 of 1993 s. 5)

(Amended 39 of 1997 s. 48)