1964_FACTORIES_AND_INDUSTRIAL_UNDERTAKINGS_ORDINANCE — Page 13

CAP. 59]

Factories and Industrial Undertakings

[1985 Ed.

Offences and penalties.

(50 of 1985.) (2.8.85.)

(50 of 1985.)

10. (1) A person who contravenes section 9 commits an offence and is liable to a fine of $10,000. (Replaced, 50 of 1985, s. 6)

(1A) Subject to subsection (1C) a proprietor of a notifiable workplace who fails to comply with the terms of a prohibition notice relating to that notifiable workplace within the period specified in the prohibition notice commits an offence and is liable to a fine of $30,000. (Replaced, 50 of 1985, s. 6)

(1B) Where a proprietor has appealed to the Governor in Council under section 9A(4), the period for compliance with the terms of a prohibition notice shall be as specified in the decision on the appeal or, if it is not so specified, shall run from the date when the proprietor is notified of the result of the appeal. (Added, 50 of 1985, s. 6)

(1C) Where under section 9A(3) the Commissioner for Labour has upon cancelling a prohibition notice issued in respect of a notifiable workplace given any directions, a proprietor who carries on an industrial process or industrial operation in the notifiable workplace without complying with those directions commits an offence and is liable to a fine of $30,000. (Added, 50 of 1985, s. 6)

(2) Any person who fails to comply with any order made under section 7(4) or who fails to comply with any condition imposed on the granting thereunder of any exemption shall be guilty of an offence and shall be liable to a fine of $30,000.

(3) Any person who-

(a) fails to comply with a requirement made by any officer under section 4(1); 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 section 4(1); 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 $20,000.

(4) Any person who contravenes any of the provisions of section 5(1), (2) or (3) shall be guilty of an offence and shall be liable to a fine of $10,000.

(5) The proprietor of a notifiable workplace shall be deemed to have complied with section 9(1) if before the commencement of the Factories and Industrial Undertakings (Amendment) Ordinance 1985 the workplace was registered or provisionally registered under repealed section 9(5). (Added, 50 of 1985, s. 6)

(6) The proprietor of a notifiable workplace which before the commencement of Factories and Industrial Undertakings (Amendment) Ordinance 1985 was a registrable workplace under repealed section 9(1) but which was not registered or provisionally registered under repealed section 9(5) may be exempted from the requirements...