CO129-505-7 Factory (Accidents) Ordinance- 1927 4-4-1927 - 1-12-1927 — Page 22

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Regulations.

Liability and penalty.

Procedure.

Ordinance No. 3 of 1890.

nance for the time being apply, or whom he has reasonable cause to believe to have been within the preceding two months employed in any such factory, and to require every such person to be so examined and to sign a decla- ration of the truth of the matters respecting which he has been so examined;

(f) any other powers which may be conferred by any regulation made under this Ordinance and any other powers which may be necessary for carrying this Ordinance into effect.

(3) Every person who obstructs or delays any Inspector or Assistant Inspector of Factories in the exercise of any of the above powers shall upon summary convic- tion be liable to a fine not exceeding two hundred and fifty dollars.

4-(1) It shall be lawful for the Governor in Council to make such regulations as he may think desirable for the purpose of preventing accidents in factories, of relieving persons suffering from the effects of accidents, and of requiring notifications to be made in relation to accidents occurring in factories.

(2) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and if a resolution be passed at the first meeting of the Legisla- tive Council held after such regulations have been laid on the table of the said Council resolving that any such regulations shall be rescinded or amended in any manner whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded or amended as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

5.-(1) Upon proof before a magistrate of any contra- vention of any regulation made under this Ordinance the proprietor of the business carried on in the factory in question shall be liable to a fine not exceeding two hundred and fifty dollars, whether personal knowledge on his part, or (in the case of a firm) on the part of any of the partners, or (in the case of a company) on the part of any of the directors or officers of the company, be proved or not.

(2) Where such contravention was in fact due to the act or omission of some person other than the proprietor, such other person, upon proof of that fact before a magistrate, shall also, without prejudice to the liability of the proprietor, be liable to a fine not exceeding two hundred and fifty dollars.

6.--(1) Any summons relating to any alleged con- travention of any regulation made under this Ordinance may be served by leaving a copy thereof with some adult on the premises of the factory in question.

(2) Any such summons may be addressed to the proprietor of the business carried on in the factory in question, without specifying the name of the proprietor, and if on the hearing of such summons the alleged contravention is proved to the satisfaction of the magis- trate, it shall be lawful for the magistrate to order that any fine imposed, if not paid, shall be recovered by distress and sale of the machinery, goods and chat- tels found on the premises of the factory in question. For the purpose of such distress and sale it shall be lawful for the magistrate to adapt the forms contained in the First Schedule to the Magistrates Ordinance, 1890.

Passed the Legislative Council of Hong Kong, this 31st day of March, 1927.

D. W. TRATMAN,

Clerk of Councils,