Cap 509 s 3 Interpretation (OCCUPATIONAL SAFETY AND HEALTH ORDINANCE)

Contents of Section

Chapter:	509	Title:	OCCUPATIONAL SAFETY AND HEALTH ORDINANCE	Gazette Number:	54 of 2000
Section:	3	Heading:	Interpretation	Version Date:	01/07/1997

Remarks:

Adaptation amendments retroactively made - see 54 of 2000 s. 3

(1) In this Ordinance, unless the context otherwise requires-
"activity" (活動) includes operation and process;
"Appeal Board" (上訴委員會) means the Administrative Appeals Board established under section 5 of the Administrative Appeals Board Ordinance (Cap 442);
"bodily injury" (身體傷害) includes injury to health;
"Commissioner" (處長) means the Commissioner for Labour;
"court" (法庭) includes a magistrate;
"dangerous occurrence" (危險事故) means an occurrence of a kind specified in Schedule 1;
"domestic premises" (住宅處所) means premises occupied as a private dwelling;
"domestic servant" (家庭傭工) has the same meaning as in the Employment Ordinance (Cap 57);
"employee" (僱員) means a natural person who works under a contract of employment or apprenticeship, but does not include a domestic servant;
"employer" (僱主) means a person who employs natural persons under contracts of employment or apprenticeship;
"function" (職能) includes a power and a duty;
"identity card" (身分證) means an identity card issued under the Registration of Persons Ordinance (Cap 177);
"improvement notice" (敦促改善通知書) means a notice served under section 9;
"occupational safety officer" (職業安全主任) means a public officer designated as such under section 20 or a person taken to be so designated because of that section;
"occupier" (佔用人), in relation to any premises or workplace, includes a person who has any degree of control over the premises or workplace and, in particular, includes a person to whom subsection (5) or (6) applies;
"offence of strict liability" (嚴格法律責任罪行) means an offence in relation to the prosecution of which it is not necessary for the prosecutor to prove-

(a) that the defendant did the act or omission constituting the offence intentionally, knowingly or recklessly; or

(b) that the defendant had knowledge of any specific ingredient of the offence;

"person responsible" (負責人), in relation to a workplace, has the meaning given by subsection (2);
"plant" (作業裝置) includes machinery, equipment, appliances, furniture, furnishings and fittings;
"premises" (處所) includes any vehicle and any public place, and also includes a part of particular premises;
"public analyst" (公職分析員) means the Government Chemist, the Government Pathologist or any analyst appointed in writing by the Chief Executive for the purposes of this Ordinance; (Amended 54 of 2000 s. 3)
"public place" (公眾地方) means-

(a) any public street, pier or public garden; or

(b) the permanent way of a railway; or

(d) any part of the airspace above Hong Kong; or

(e) any other place to which people are entitled to have access whether with or without payment;

"record" (紀錄) includes information recorded in electronic form;
"regulation" (規例) means a regulation under this Ordinance;
"serious bodily injury" (嚴重身體傷害), in relation to a person, includes any bodily injury that results in the person's admission at a hospital or clinic for treatment or observation;
"substance" (物質) means a natural or artificial substance, whether in the form of a solid, liquid, gas or vapour;
"suspension notice" (暫時停工通知書) means a notice served under section 10;
"vessel" (船隻) has the same meaning as in section 2 of the Shipping and Port Control Ordinance (Cap 313);
"work" (工作) means work as an employee;
"workplace" (工作地點) means any place where employees work, but does not include any of the following-

(a) an aircraft or vessel when located in a public place;

(b) when a vehicle that is designed or used for the carriage of people, animals or goods is located in a public place, the seat or position normally occupied by the driver of the vehicle;

(d) a place at which only self-employed persons work;

(e) any other place of a kind prescribed by a regulation for the purposes of this paragraph;

"workplace code of practice" (工作地點工作守則) means a code of practice issued under section 40(1) and, if such a code has been amended, means the code as amended.
(2) For the purposes of this Ordinance, the person responsible for a workplace is the employer of the employees who are employed to carry out work there, or if the employer does not exercise any degree of control over the relevant part or aspect of the workplace, means the occupier of the workplace.
(3) For the purposes of this Ordinance, risks arising out of the activities of persons at work are taken to include risks attributable to the manner of conducting an undertaking, risks attributable to the plant or substances used in connection with an undertaking and risks attributable to the condition of premises so used.
(4) For the purposes of this Ordinance, a person is at work only during the time when the person is actually at a workplace. However, a person is not to be regarded as being at work at a workplace for those purposes when the person is being conveyed as a passenger in a vehicle referred to in paragraph (b) of the definition of "workplace" in circumstances no different from those applicable to persons being so conveyed who are not at work at a workplace.
(5) A person who, under a lease or contract, has an obligation for-

(a) the maintenance or repair of premises; or

(b) the safety of, or the absence of risks to health arising from the condition or use of, any plant or substance located on premises,

is taken to be an occupier of the premises for the purposes of this Ordinance.
(6) A person who, under a lease or contract, has an obligation to provide, maintain or repair a means of access to, or egress from, premises is taken to be an occupier of the premises for the purposes of this Ordinance.
(7) Subsections (5) and (6) do not apply to persons in their capacity as occupiers of domestic premises.