1985 Ed.]
Factories and Industrial Undertakings
[CAP. 59
7
(2) Any Health Officer, any officer of the Fire Services Department with the written authority of the Director of Fire Services and any officer specially authorized by the Commissioner for Labour may, subject to such directions as the Commissioner for Labour may impose, at any time enter and inspect any industrial undertaking for the purpose of ascertaining whether the requirements of this Ordinance are complied with. (Amended, 42 of 1961, s. 2, and 4 of 1969, s. 4)
(2A) An officer exercising any power conferred on him by subsection (1) may take with him any person, whether a public officer or not, whom he may reasonably need to assist him in carrying out his duties under this Ordinance and in particular may, for his assistance, take persons who have been engaged by the Commissioner for Labour, on account of their special expertise, to advise the Commissioner on the safety and health of persons employed in industrial undertakings. (Added, 73 of 1977, s. 4)
(2B) A person who accompanies an officer pursuant to subsection (2A)-
(a) may give to the officer such assistance in the exercise of any power conferred on him by subsection (1) as the officer may reasonably require;
(b) shall be deemed to be a public officer for the purposes of sections 5 and 6. (Added, 73 of 1977, s. 4)
(3) The powers conferred by this Ordinance on any officer shall be in addition to and not in substitution for any other powers which such officer may possess.
5. (1) Save as provided in subsection (4), no public officer shall disclose to any person, other than another public officer in the course of official duty, the name or identity of any person who has made a complaint alleging a contravention of any of the provisions of this Ordinance or as a result of which a contravention of any such provision has come to his notice or to the notice of any other public officer. (Amended, 11 of 1980, s. 4)
(2) No public officer shall disclose to the proprietor of an industrial undertaking or his representative or to any other employer who is carrying on business in the industrial undertaking or his representative that a visit to the industrial undertaking was made in consequence of the receipt of any such complaint as is referred to in subsection (1).
(3) Save as provided in subsection (4), where, arising out of, or in connexion with, the enforcement of any of the provisions of this Ordinance, any manufacturing or commercial secret or any working process comes to the knowledge of a public officer, such officer shall not at any time and notwithstanding that he is no longer a public officer disclose such secret or process to any person.
Duty of public officers not to disclose source of complaint, etc.
1985 Ed.]
Factories and Industrial Undertakings
[CAP. 59
7
(2) Any Health Officer, any officer of the Fire Services Depart- ment with the written authority of the Director of Fire Services and any officer specially authorized by the Commissioner for Labour may, subject to such directions as the Commissioner for Labour may impose, at any time enter and inspect any industrial under- taking for the purpose of ascertaining whether the requirements of this Ordinance are complied with. ! Amended, 42 of 1961, s. 2, and 4 of 1969, s. 4)
(2A) An officer exercising any power conferred on him by subsection (1) may take with him any person, whether a public officer or not, whom he may reasonably need to assist him in carrying out his duties under this Ordinance and in particular may, for his assistance, take persons who have been engaged by the Commissioner for Labour, on account of their special expertise, to advise the Commissioner on the safety and health of persons employed in industrial undertakings. (Added, 73 of 1977, s. 4}
(2B) A person who accompanies an officer pursuant to subsec- tion (2A)-
(a) may give to the officer such assistance in the exercise of any power conferred on him by subsection (1) as the officer may reasonably require;
(b) shall be deemed to be a public officer for the purposes of
sections 5 and 6. (Added, 73 of 1977, s. 4)
(3) The powers conferred by this Ordinance on any officer shall be in addition to and not in substitution for any other powers which such officer may possess.
5. (1) Save as provided in subsection (4), no public officer shall disclose to any person, other than another public officer in the course of official duty, the name or identity of any person who has made a complaint alleging a contravention of any of the provisions of this Ordinance or as a result of which a contravention of any such provision has come to his notice or to the notice of any other public officer. (Amended, 11 of 1980, s. 4)
(2) No public officer shall disclose to the proprietor of an industrial undertaking or his representative or to any other employer who is carrying on business in the industrial undertaking or his representative that a visit to the industrial undertaking was made in consequence of the receipt of any such complaint as is referred to in subsection (1).
(3) Save as provided in subsection (4), where, arising out of, or in connexion with, the enforcement of any of the provisions of this Ordinance, any manufacturing or commercial secret or any working process comes to the knowledge of a public officer, such officer shall not at any time and notwithstanding that he is no longer a public officer disclose such secret or process to any person.
Duty of public officers not to disclose source of complaint, etc.
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