Hong Kong Ordinances

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE - SECT 2

Interpretation

Caution: This is a past version. See the current version here.

Adaptation amendments retroactively made - see 54 of 2000 s. 3

(1) In this Ordinance, unless the context otherwise requires- "approved code"
(認可守則) means a code of practice issued under section 7A; (Added 81 of
1993 s. 2) "bodily injury" (身體傷害) includes injury to health; "child"
(兒童) has the meaning assigned to it in the Employment Ordinance ( Cap 57);
(Replaced 55 of 1979 s. 2) "Commissioner" (處長) means the Commissioner for
Labour holding office under the Occupational Safety and Health Ordinance (
Cap 509), and-

   (a)  includes any person who is acting in that office; and

   (b)  in relation to the exercise or performance of a particular function
        conferred or imposed on the Commissioner by or under this Ordinance,
        also includes (subject to section 3) any person authorized to exercise
        or perform the function; (Replaced 39 of 1997 s. 48) "construction
        work" (建築工程) means-

   (a)  the construction, erection, installation, reconstruction, repair,
        maintenance (including redecoration and external cleaning), renewal,
        removal, alteration, improvement, dismantling, or demolition of any
        structure or works specified in the Third Schedule;

   (b)  any work involved in preparing for any operation referred to in
        paragraph (a), including the laying of foundations and the excavation
        of earth and rock prior to the laying of foundations;

   (c)  the use of machinery, plant, tools, gear, and materials in connexion
        with any operation referred to in paragraph (a) or (b); (Added 52 of
        1973 s. 2) "container" (貨櫃) means an article of transport
        equipment-

   (a)  of a permanent character and accordingly strong enough to be suitable
        for repeated use;

   (b)  specially designed to facilitate the transport of goods, by one or
        more modes of transport, without intermediate reloading;

   (c)  designed to be secured or readily handled or both and having
        corner fittings for these purposes; and

   (d)  of a size such that the area enclosed by the 4 outer bottom corners is
        either-

        (i)    at least 14 square metres; or

        (ii)   at least 7 square metres if it is fitted with top corner 
               fittings; (Added 32 of 1992 s. 2) "contractor" (承建商), in
               relation to construction work, means any person or firm engaged
               in carrying out construction work by way of trade or business,
               either on his own account or pursuant to a contract or
               arrangement entered into with another person, including the
               State or any public body; (Added 52 of 1973 s. 2. Amended 54 of
               2000 s. 3) "corner fittings" (夾角接頭) means an
               arrangement of apertures and faces either at the top or at the
               bottom or both at the top and the bottom of a container for the
               purposes of handling, stacking and securing or any of these
               purposes; (Added 32 of 1992 s. 2) "court" (法庭) includes a
               magistrate; (Added 81 of 1993 s. 2) "dangerous trade"
               (危險行業) means any trade, process or occupation specified
               in the First Schedule; "factory" (工廠) means any premises or
               place, (other than a mine or quarry), in which articles are
               manufactured, altered, cleansed, repaired, ornamented,
               finished, adapted for sale, broken up or demolished or in which
               materials are transformed, and within the close or curtilage or
               precincts of which- (Amended 4 of 1969 s. 2)

   (a)  any machinery other than machinery worked entirely by hand is used; or

   (b)  20 or more persons are employed in manual labour; (Replaced 37 of 1983
        s. 2) "function" (職能) includes a power and a duty; (Added 39 of
        1997 s. 48) "industrial undertaking" (工業經營) includes-

   (a)  any factory;

   (b)  any mine or quarry; (Amended 4 of 1969 s. 2)

   (c)  any industry in which articles are manufactured, altered, cleansed,
        repaired, ornamented, finished, adapted for sale, broken up or
        demolished, or in which materials are transformed, including
        shipbuilding;

   (d)  the generation, transformation, and transmission of electricity or
        motive power of any kind;

   (e)  any construction work; (Replaced 52 of 1973 s. 2)

   (f)  the loading, unloading, or handling of goods or cargo at any dock,
        quay, wharf, warehouse or airport; (Replaced 52 of 1973 s. 2. Amended
        73 of 1977 s. 2)

   (fa) the loading, unloading, handling, stacking, unstacking, storing,
        keeping or maintaining of containers; (Added 32 of 1992 s. 2)

   (g)  the carriage of coal, building materials, or debris; (Added 52 of 1973
        s. 2)

   (h)  the transport of passengers or goods by road, rail, cableway or aerial
        ropeway; (Replaced 19 of 1976 s. 32. Amended 77 of 1990 s. 2)

   (ha) the preparation of food for consumption and sale on the premises where
        it is prepared; (Added 77 of 1990 s. 2)

        (i)    any premises or site in or upon which, and the machinery,
               plant, tools, gear and materials with which, any of the
               foregoing industrial undertakings is carried on; (Added 37 of
               1978 s. 2) "mine" (礦場) means any works or system of works
               for the extraction of minerals from the earth; (Replaced 4 of
               1969 s. 2) "mineral" (礦物) includes-

   (a)  metalliferous ores and other substances in their natural state which
        are obtainable only by mining or in the course of prospecting
        operations;

   (b)  metalliferous ores and other substances in their natural state mined
        or obtained in the course of prospecting operations;

   (c)  the valuable parts of such ores or other substances when
        unmanufactured;

   (d)  the product of treating or dressing such ores or other substances for
        marketing or export; and

   (e)  kaolin, but does not include-

        (i)    any clay other than kaolin;

        (ii)   granite, porphyry, limestone or sand;

        (iii)  any common mineral substance which the Chief Executive by
               notice in the Gazette under the Mining Ordinance ( Cap 285) has
               declared not to be a mineral for the purposes of the provisions
               of that Ordinance other than section 3 thereof; or (Amended 54
               of 2000 s. 3)

        (iv)   any mineral oil; (Added 4 of 1969 s. 2) "notifiable workplace"
               (應呈報工場) means-

   (a)  any factory, mine or quarry; and

   (b)  any premises or place in which a dangerous trade or scheduled  trade
        is carried on or is proposed to be carried on, but does not include a
        construction site within the meaning of the
        Construction Sites (Safety) Regulations ( Cap 59 sub. leg.); (Added 50
        of 1985 s. 2) "occupational safety officer" (職業安全主任) has
        the same meaning as in the Occupational Safety and Health Ordinance (
        Cap 509); (Added 39 of 1997 s. 48) "prohibition notice"
        (禁止通知書) means a notice issued under section 9A(1); (Added 50
        of 1985 s. 2) "proprietor" (東主) in relation to any
        industrial undertaking or notifiable  workplace includes the person
        for the time being having the management or control of the business
        carried on in such industrial undertaking or notifiable workplace and
        includes a body corporate and a firm and also the occupier of any
        industrial undertaking or notifiable workplace and the agent of such
        occupier; (Amended 50 of 1985 s. 2; 71 of 1989 s. 2) "quarry"
        (石礦場) means any works or system of works the principal purpose
        of which is to extract from the earth for commercial purposes any
        granite, porphyry or limestone; (Added 4 of 1969 s. 2) "scheduled
        trade" (附表所列行業) means any trade, process or occupation
        specified in the Second Schedule; "young person" (青年) has the
        meaning assigned to it in the Employment  Ordinance ( Cap 57).
        (Replaced 55 of 1979 s. 2) (Amended 39 of 1997 s. 48)

(2) A woman, young person or child who works in an industrial  undertaking,
whether for wages or not, either in a process or in cleaning any part of the
industrial undertaking used for any process, or in cleaning or oiling any part
of the machinery or plant, or in any other kind of work whatsoever incidental
to or connected with the process, or connected with the article made or
otherwise the subject of the process therein, shall be deemed to be employed
therein for the purposes of this Ordinance or any proceedings thereunder.
(Added 51 of 1961 s. 2)

(3) None of the provisions of this Ordinance shall apply to- (Amended 73 of
1977 s. 2; 11 of 1980 s. 2)

   (a)  any undertaking which is not carried on by way of trade or for
        purposes of gain; or

   (b)  any agricultural operation. (Amended 77 of 1990 s. 2)

   (c)  (Repealed 77 of 1990 s. 2) (Amended 50 of 1985 s. 2) "approved code"
        (認可守則) "bodily injury" (身體傷害) "child" (兒童)
        "Commissioner" (處長) "construction work" (建築工程) "container"
        (貨櫃) "container handling" (貨櫃處理作業) "contractor"
        (承建商) "corner fittings" (夾角接頭) "court" (法庭)
        "dangerous trade" (危險行業) "factory" (工廠) "function"
        (職能) "industrial undertaking" (工業經營) "mine" (礦場)
        "mineral" (礦物) "occupational safety officer" (職業安全主任)
        "prohibition notice" (禁止通知書) "proprietor" (東主) "quarry"
        (石礦場) "scheduled trade" (附表所列行業) "young person"
        (青年)