Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 44

Prohibition against use of dangerous equipment, etc.

(1) A person in charge of works shall not provide or use, or cause to be
provided or used, any machinery, equipment or appliance for the carrying out
of the works if the machinery, equipment or appliance is in such a condition
or so constructed that it cannot be used without unnecessary risk of accident
or bodily injury.

(2) If the Director or an inspector has reasonable grounds to believe that any
machinery, equipment or appliance provided or used for the carrying out of any
works is in such a condition or so constructed that it cannot be used without
unnecessary risk of accident or bodily injury, the Director or inspector may
give directions to the person in  charge of works-

   (a)  prohibiting the use of the machinery, equipment or appliance, or if it
        is capable of repair or alteration, prohibiting its use until it is
        repaired or altered as specified in the direction; or

   (b)  requiring him to take such other steps as may be specified in the
        directions for remedying the unnecessary risk of accident or bodily
        injury.

(3) A person in charge of works who-

   (a)  contravenes subsection (1) commits an offence and is liable on
        conviction to a fine at level 5 and to imprisonment for 1 year;

   (b)  fails to comply with any direction given to him under subsection (2)
        commits an offence and is liable on conviction to a fine at level 4
        and to imprisonment for 6 months, and to an additional fine of $2000
        for each day during which such failure to comply continues after
        notice requiring compliance with the direction has been served by the
        Director or an inspector on such person. (Amended 70 of 1999 s. 24)