Hong Kong Ordinances

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE - SECT 9A

Prohibition notices

(1) If at any time the Commissioner considers that any notifiable  workplace,
whether a notifiable workplace which has been notified to him under section 9
or not, is not suitable-

   (a)  for use as a factory, mine or quarry; or

   (b)  for the carrying on therein of any dangerous trade or scheduled 
        trade; or

   (c)  for the carrying on therein of any industrial process or industrial
        operation or any part thereof, he may issue to the proprietor of the
        notifiable workplace a notice in the prescribed form prohibiting-

        (i)    its use as a factory, mine or quarry;

        (ii)   the carrying on therein of any dangerous trade or scheduled 
               trade; or

        (iii)  the carrying on therein of such industrial process or
               industrial operation, or such part thereof, as may be specified
               in the notice.

(2) Upon issuing a prohibition notice in respect of any notifiable  workplace
the Commissioner shall on the notice state the reasons for the issue of the
notice and specify a date by which it is to be complied with.

(3) Where at any time after issuing a prohibition notice in respect of a
notifiable workplace the Commissioner is satisfied that the matter leading to
the issuing of the notice has been remedied, he may, and if so requested by
the proprietor of the notifiable workplace shall, cancel the
prohibition notice, but may upon doing so give directions in writing to the
proprietor of the notifiable workplace in respect of any matter which led to
the issuing of the notice.

(4) Any proprietor of a notifiable workplace who is aggrieved by-

   (a)  the issue of a prohibition notice in respect of that notifiable 
        workplace;

   (b)  a refusal by the Commissioner to cancel a prohibition notice; or

   (c)  the giving of any direction upon the cancellation of a
        prohibition notice, may, within 28 days of being notified of such
        issue, refusal or direction, appeal against it to the Administrative
        Appeals Board. (Amended 6 of 1994 s. 36)

(5) In this section-

        (a)	"Commissioner" (處長) includes any person authorized by the 
Commissioner in writing for the purposes of this section;

        (b)	"suitable" (適宜) means,-


        (i)    in the case of a notifiable workplace designed and constructed
               for industrial use, suitable in respect of the safety, health
               and welfare of persons employed therein;

        (ii)   in the case of a notifiable workplace not so designed and
               constructed, suitable in respect of the safety, health and
               welfare of persons generally other than in respect of noise
               affecting persons not employed therein. (Amended 75 of 1988 s.
               40) (Added 50 of 1985 s. 5. Amended 39 of 1997 s. 48)

"Commissioner" (處長)

"suitable" (適宜)