Hong Kong Ordinances

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE - SECT 4

Powers of officers

(Past version on 30/06/1997).

(1) An occupational safety officer may exercise the following powers-
(Replaced 10 of 1965 s. 4. Amended 73 of 1977 s. 4; 71 of 1989 s. 4; 39 of
1997 s. 48)

   (a)  to enter, inspect and examine at all reasonable times, by day and
        night, any premises or place in which he knows or has reasonable cause
        to believe that an industrial undertaking is being carried on;

   (b)  (Repealed 73 of 1977 s. 4)

   (c)  to require the production of any register or other document required
        to be kept under this Ordinance and inspect, examine and copy the
        same;

   (d)  to make such examination and inquiry as may be necessary to ascertain
        whether the requirements of this Ordinance are complied with, and
        seize anything which may appear to be evidence of an offence against
        this Ordinance;

   (e)  to examine, either alone or in the presence of any other person, as he
        thinks fit, respecting matters under this Ordinance, any person whom
        he finds in any industrial undertaking, or whom he has reasonable
        cause to believe has been within the preceding 2 months employed in
        any industrial undertaking, or require any such person to be so
        examined and to sign a declaration of the truth of the matters
        respecting which he has been so examined; (Amended 4 of 1969 s. 4)

   (f)  to require any person who employs or has employed any woman,
        young person or child in an industrial undertaking or any agent or
        servant of any such employer to give to him all information in the
        possession of such person, agent or servant with reference to such
        woman, young person or child and to the labour conditions and
        treatment of every woman, young  person and child employed by such
        employer;

   (g)  to remove and detain for inquiries in a place of refuge appointed
        under any Ordinance for the time being in force relating to women,
        young persons or children any young person or child whom he finds in
        any place in or in respect of which he has reasonable cause to suspect
        that an offence against this Ordinance has been committed;

   (h)  to require the posting up, in such place and manner and for such
        period as he may direct, of any notice in connection with the
        provisions of this Ordinance or any matter related to the manufacture
        carried out, or machinery, plant, process or persons employed in any
        industrial undertaking; and (Amended 11 of 1980 s. 3)

   (i)  any other powers which may be conferred by any regulation made under
        this Ordinance.

(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 may, subject to such directions as the
Commissioner 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; 4
of 1969 s. 4; 39 of 1997 s. 48)

(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, 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; 39 of 1997 s. 48)

(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 section 6.
        (Added 73 of 1977 s. 4. Amended 32 of 2000 s. 48)

(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.