1985 Ed.]
Factories and Industrial Undertakings
(CAP. 59
13
of section 9(1) by the Commissioner for Labour by notice in writing not later than 6 months after the commencement of that Ordinance.
(Added, 50 of 1985, s. 6)
(7) In this section "repealed" means repealed by section 5 of the Factories and Industrial Undertakings (Amendment) Ordinance 1985. (Added, 50 of 1985, s. 6)
(Replaced, 19 of 1963, s. 3. Amended, 4 of 1969, s. 8 and 37 of 1983, s. 5)
11. (1) Notwithstanding the provisions of section 9A, if on complaint by an inspector a magistrate is satisfied either-- (Amended, 50 of 1985, s. 7)
(a) that any part of the ways, works, machinery or plant used in an industrial undertaking is in such condition or so constructed or so placed that it cannot be used without risk of bodily injury; or
(b) that any process or work is carried on or anything is or has been done in any industrial undertaking in such a manner as to cause risk or bodily injury.
the magistrate shall, by order, as the case may require-
(i) prohibit the use of that part of the ways, works, machinery or plant, or, if it is capable of repair or alteration, prohibit its use until it is duly repaired or altered;
(ii) require the proprietor to take such steps as may be specified
in the order for remedying the danger complained of; or (iii) direct that such machinery or plant shall be secured by a seal, lock or other device by an inspector in such manner as the inspector may think necessary to prevent the operation of the machinery or plant without the seal, lock or other device being broken or removed, for such period as the magistrate may specify in such order.
(2) Where a complaint is or has been made under subsection (1) the magistrate may, on application ex parte by an inspector, and on receiving evidence that the use of any such part of the ways, works, machinery or plant, or, as the case may be, the carrying on of any process or work or the doing of anything in such a manner as aforesaid, involves imminent risk of serious bodily injury, make an interim order prohibiting either absolutely or subject to conditions, the use, carrying on or doing thereof until the earliest opportunity for hearing and determining the complaint and may include in such interim order a direction that any machinery or plant located in such industrial undertaking shall be secured by a seal, lock or other device by an inspector in such manner as the inspector may think necessary to prevent the operation of the machinery or plant without the seal, lock or other device being broken or removed, and where such an interim order or direction has been made, the magistrate may at any time rescind or vary the interim order or direction. (Amended, 4 of 1969, s. 9)
(3) In the event of any contravention of or failure to comply with any order made by a magistrate under this section or of any
(50 of 1985.)
Power to make orders as to dangerous conditions and
practices.
1985 Ed.]
Factories and Industrial Undertakings
(CAP. 59
13
of section 9(1) by the Commissioner for Labour by notice in writing not later than 6 months after the commenement of that Ordinance.
( Added, 50 of 1985, s. 6)
(7) In this section "repealed" means repealed by section 5 of the Factories and Industrial Undertakings (Amendment) Ordinance 1985. (Added, 50 of 1985, s. 6)
(Replaced, 19 of 1963, s. 3. Amended, 4 of 1969, s. 8 and 37 of 1983, s. 5)
11. (1) Notwithstanding the provisions of section 9A, if on complaint by an inspector a magistrate is satisfied either-- (Amended, 50 of 1985, s. 7)
(a) that any part of the ways, works, machinery or plant used in an industrial undertaking is in such condition or so constructed or so placed that it cannot be used without risk of bodily injury; or
(b) that any process or work is carried on or anything is or has been done in any industrial undertaking in such a manner as to cause risk or bodily injury.
the magistrate shall, by order, as the case may require-
(i) prohibit the use of that part of the ways, works, machinery or plant, or, if it is capable of repair or alteration, prohibit its use until it is duly repaired or altered;
(ii) require the proprietor to take such steps as may be specified
in the order for remedying the danger complained of; or (iii) direct that such machinery or plant shall be secured by a seal, lock or other device by an inspector in such manner as the inspector may think necessary to prevent the operation of the machinery or plant without the seal, lock or other device being broken or removed, for such period as the magistrate may specify in such order.
(2) Where a complaint is or has been made under subsection (1) the magistrate may, on application ex parte by an inspector, and on receiving evidence that the use of any such part of the ways, works, machinery or plant, or, as the case may be, the carrying on of any process or work or the doing of anything in such a manner as aforesaid, involves imminent risk of serious bodily injury, make an interim order prohibiting either absolutely or subject to conditions, the use, carrying on or doing thereof until the earliest opportunity for hearing and determining the complaint and may include in such interim order a direction that any machinery or plant located in such industrial undertaking shall be secured by a seal, lock or other device by an inspector in such manner as the inspector may think necessary to prevent the operation of the machinery or plant without the seal, lock or other device being broken or removed, and where such an interim order or direction has been made, the magistrate may at any time rescind or vary the interim order or direction. (Amended, 4 of 1969, s. 9)
(3) In the event of any contravention of or failure to comply with any order made by a magistrate under this section or of any
(50 of 1985.)
Power to make orders as to dangerous conditions and
practices.
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