1964_FACTORIES_AND_INDUSTRIAL_UNDERTAKINGS_ORDINANCE — Page 17

CAP. 59]

Factories and Industrial Undertakings

(Cap. 227.)

Presumptions.

Prosecution

of offences.

[1985 Ed.

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

(2) Any summons relating to an offence against this Ordinance 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.

16. 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;

(c) if the charge alleges the contravention of any of the provisions of this Ordinance prohibiting or controlling the employment of women, young persons or children and the defendant in such prosecution is the proprietor of the industrial undertaking in or in respect of which the offence is alleged to have been committed, it shall, until the contrary is proved, be presumed that any woman, young person or child to whom the charge relates and who was employed in the industrial undertaking on the day on which the offence is alleged to have been committed was employed therein on that day by such proprietor. (Added 51 of 1961, s. 5)

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

(2) 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 for Labour.