Hong Kong Regulations

FACTORIES AND INDUSTRIAL UNDERTAKINGS (CONFINED SPACES) REGULATION - SECT 14

Offences

(1) A proprietor or contractor who-

   (a)  contravenes section 7, 8, 9, 10(2) or (3) or 11(1) or (2) commits an
        offence and is liable, on conviction-

        (i)    where the offence was committed without reasonable excuse, to a
               fine at level 6 and to imprisonment for 6 months; and

        (ii)   in any other case, to a fine at level 6;

   (b)  contravenes section 5(1) or (5), 6(1) or 10(1) commits an offence and
        is liable, on conviction-

        (i)    where the offence was committed without reasonable excuse, to a
               fine of $200000 and to imprisonment for 12 months; and

        (ii)   in any other case, to a fine of $200000;

   (c)  contravenes section 6(2) commits an offence and is liable, on
        conviction, to a fine at level 5. (L.N. 17 of 1999)

(2) A competent person who-

   (a)  when requested to do so by a proprietor or contractor, without
        reasonable excuse fails or refuses within a reasonable period of time
        to carry out an assessment of the working conditions of a
        confined space and make recommendations on measures in relation to
        safety and health of workers while working in that space as required
        under section 5(6); (L.N. 17 of 1999)

   (b)  without reasonable excuse, fails in his risk assessment report to deal
        with all matters specified in section 5(2); or

   (c)  makes a risk assessment report which is to his knowledge false as to a
        material particular, commits an offence and is liable, on conviction,
        in respect of a contravention of-

        (i)    paragraph (a), to a fine at level 5;

        (ii)   paragraph (b), to a fine of $200000; (L.N. 17 of 1999)

        (iii)  paragraph (c), to a fine of $200000 and to imprisonment for 12
               months. (L.N. 17 of 1999)

(3) Any certified worker who-

   (a)  contravenes section 13; or

   (b)  while working in a confined space, wilfully and without reasonable
        cause does anything likely to endanger himself or others, commits an
        offence and is liable, on conviction, in respect of a contravention
        of-

        (i)    paragraph (a), to a fine at level 5;

        (ii)   paragraph (b), to a fine at level 5 and to imprisonment for 6
               months.