Hong Kong Ordinances

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE - SECT 10

Offences and penalties

(1) A person who contravenes section 9 commits an offence and is liable to a
fine of $10000. (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 $200000 and to imprisonment for
6 months. (Replaced 50 of 1985 s. 6. Amended 71 of 1989 s. 7)

(1B) Where a proprietor has appealed to the Administrative Appeals Board 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. Amended 6 of
1994 s. 36)

(1C) Where under section 9A(3) the Commissioner 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 $200000 and to imprisonment for
6 months. (Added 50 of 1985 s.6. Amended 71 of 1989 s. 7; 39 of 1997 s. 48)

(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
$200000 and to imprisonment for 6 months. (Amended 71 of 1989 s. 7)

(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 $50000.

(4) (Repealed 39 of 1997 s. 48)

(4A) Any person who contravenes section 6 commits an offence and is liable on
conviction to a fine of $50000. (Added 30 of 1992 s. 2)

(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 (50 of 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 (50 of 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 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. Amended L.N. 587 of 1995)

(7) In this section "repealed" (已廢除) means repealed by section 5 of the
Factories and Industrial Undertakings (Amendment) Ordinance 1985 (50 of 1985).
(Added 50 of 1985 s. 6)

(8)-(9) (Repealed 39 of 1997 s. 48) (Replaced 19 of 1963 s. 3. Amended 4 of
1969 s. 8; 37 of 1983 s. 5; 81 of 1993 s. 8)
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Note:

* Commencement date: 2 August 1985.

"repealed" (已廢除)