Hong Kong Regulations

FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS - REGULATION 20

Power to take samples

(Past version on 30/06/1997).

(1) An occupational safety officer may at any time after informing the
proprietor or, if the proprietor is not readily available, a foreman or other
responsible person in the industrial undertaking, take for analysis sufficient
samples of any material in use or mixed for use in a dangerous trade or
scheduled trade, or of any substance used or intended to be used in an
industrial undertaking being a substance which he thinks may prove on analysis
to be likely to cause bodily injury to the person employed. (32 of 2000 s. 48)

(2) The proprietor or the foreman or other responsible person aforesaid may,
at the time when a sample is taken under this regulation, and on providing the
necessary appliances, require the occupational safety officer to divide the
sample into 3 parts, to mark and seal or fasten up each part in such manner as
its nature permits, and- (32 of 2000 s. 48)

   (a)  to deliver one part to the proprietor, or the foreman or other
        responsible person aforesaid;

   (b)  to retain one part for future comparison; and

   (c)  to submit one part to the Government Chemist for analysis.

(3) A certificate purporting to be a certificate by the Government Chemist as
to the result to an analysis of a sample under this regulation shall in any
proceedings under the Ordinance be admissible as evidence of the matters
stated therein, but either party may require the person by whom the analysis
was made to be called as a witness.

(4) No person shall, except in so far as is necessary for the purposes of a
prosecution for an offence under the Ordinance, publish or disclose to any
person the results of an analysis made under this regulation.