Hong Kong Ordinances

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE - SECT 7A

Codes of practice

(1) For the purpose of providing practical guidance in respect of any one or
more of the requirements of this Ordinance or of regulations under this
Ordinance, the Commissioner may issue such codes of practice

(whether prepared by the Commissioner or not) as the Commissioner considers
appropriate.

(2) The Commissioner may amend or revoke a code of practice issued by him
under subsection (1).

(3) Where the Commissioner exercises a power under subsection (1) or (2), he
shall as soon as may be reasonably practicable publish notice thereof in the
Gazette and the notice shall be in such form as the Commissioner considers
appropriate.

(4) A failure by any person to observe a provision of an approved  code shall
not of itself cause him to incur any criminal liability, but where-

   (a)  in any criminal proceedings the defendant is alleged to have committed
        an offence either-

        (i)    by reason of a contravention of or a failure to comply with,
               whether by act or omission, this Ordinance or regulations under
               this Ordinance; or

        (ii)   by reason of a failure to discharge or perform a duty imposed
               by this Ordinance or such regulations; and

   (b)  the matter to which the alleged contravention or failure relates is
        one to which, in the opinion of the court, an approved code relates,
        then subsection (5) shall apply as regards the proceedings.

(5) In any criminal proceedings to which this subsection applies, the
following, namely-

   (a)  compliance with a provision of an approved code found by the court to
        be relevant to a matter to which a contravention or failure alleged in
        the proceedings relates;

   (b)  a contravention or failure to comply with, whether by act or omission,
        any such provision so found, may be relied on by any party to the
        proceedings as tending to establish or to negative any liability which
        is in question in the proceedings.

(6) In any criminal proceedings, any document which purports to be a copy of a
particular approved code shall, in the absence of evidence to the contrary, be
regarded by the court as being a true copy of that code. (Added 81 of 1993 s.
6)