1955-HKRS28-8-22_Part02 — Page 35

Offencea and penalties.

Continuing

offences.

(2) It shall be the duty of the Commissioner-

(a) to receive applications for the registration of registrable

workplaces;

(b) to issue certificates of registration of registrable work-

places; and

(c) to keep a register of the registrable workplaces in respect of which certificates of registration have been issued. (3) The Commissioner of Labour may refuse any such application for registration, and may cancel any such certificate of registration:

Provided that an appeal from any such refusal or cancellation shall lie by way of petition to the Governor in Council whose decision shall be final.

8. (1) The proprietor of any registrable workplace which is not duly registered in accordance with subsection (1) of section 7 shall be guilty of an offence and shall be liable to a fine of five thousand dollars.

shall

(2) Any person who fails to comply with any order made by the Commissioner of Labour under subsection (4) of section be guilty of an offence and shall be liable to a fine of five thousand dollars.

(3) Any person who-

(a) fails to comply with any requirement made by any officer

under subsection (1) of section 4; 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 subsection (1) of section 43 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 two thousand dollars.

9.

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 five hundred dollars for every day during the whole or any part of which such offence is knowingly and wilfully continued.

10. (1) Except as may be otherwise provided by regulations Liability of made under this Ordinance, the proprietor of every industrial proprietor. 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.

(z) 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.

etc.

11. (1) Where the person convicted of an offence against Liability of this Ordinance is a company, the chairman and every director and partners, 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 a fine of five thousand dollars.

(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 the act or omission constituting the offence occurred without his knowledge or consent, and shall each be liable to a fine of five thousand dollars,

12. (1) (a) Any summons relating to an offence against this Procedure.

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.

(c) If on the bearing 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 (Cap. 227). the case of such distress and sale as they apply to any distress and sale under that Ordinance.