1955-HKRS29-8-22_Part02 — Page 36

10

M

11

Presump- tions.

Prosecation

of offences.

Minor amend.

ments to Mining Ordinance,

1954. Third

Schedule.

(39 of 1954).

(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.

13. 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.

14. (1) Prosecutions for offences against this Ordinance may be brought in the name of the Commissioner of Labour, and may be commenced and conducted by any officer of the Labour Department.

(a) 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 of 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.

15. The amendments specified in the second column of the Third Schedule, being amendments of a minor nature, shall be made in the sections of the Mining Ordinance, 1954, specified in the first column of that Schedule.

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18. The Factories and Workshops Ordinance and the Repeal of Factories and Workshops Regulations are hereby repealed.

(a) boiler chipping:

FIRST SCHEDULE.

Dangerous trader.

(... 2 & 6.)

(6) fireworks manufacture;

(c) glass working;

(d) processes involving the use of arsenic, lead, manganese, mercury,

phosphorus, or any compound of any of them;

(e) vermilion manufacture:

(f) chromium plating;

(a) the manufacture or manipulation of celluloid, magnesium or aluminium, or of any article wholly or partly made of celluloid, mangnesium or aluminium;

(A) the manufacture of hydrocloric, nitric or sulphuric acids.

SECOND SCHEDULE.

Scheduled trades.

(*. 2 & 6.]

(a) any industrial undertaking involving the use of any inflammable liquid declared to be dangerous goods under the Dangerous Goods Ordinance, 1873, or of any mixture containing such liquid:

(b) any industrial undertaking involving the use of coal gas;

(c) any industrial undertaking involving the use of electricity as motive power or for heating or in any electrolytic process, other than electricity used solely for the ventilation, heating or lighting of a building.

Factories and

Workshops Ordinance

and Regula- tions.

(Сар. 59). (Vol. VIII,

p. 322).