Hong Kong Regulations

FACTORIES AND INDUSTRIAL UNDERTAKINGS (WORK IN COMPRESSED AIR) REGULATIONS - REGULATION 38

Offences and penalties

(1) If regulation 4 is contravened, the contractor shall be guilty of an
offence and shall be liable on conviction to a fine of $200000. (L.N. 323 of
1981)

(2) If regulation 6(1), 7, 8, 13, 16 or 21 is contravened, the contractor
shall be guilty of an offence and shall be liable on conviction to a fine of
$200000. (L.N. 323 of 1981; 71 of 1989 s. 13)

(2A) If regulation 9, 17 or 22 is contravened, the contractor shall be guilty
of an offence and shall be liable on conviction to a fine of $50000. (L.N. 29
of 1994)

(3) Any contractor who fails to comply with regulation 37 shall be guilty of
an offence and shall be liable on conviction to a fine of $50000. (L.N. 323 of
1981; 71 of 1989 s. 13)

(4) If regulation 10, 14, 19, 20, 23 or 27(3) is contravened, the contractor
shall be guilty of an offence and shall be liable on conviction to a fine of
$50000. (L.N. 323 of 1981)

(5) Any contractor who fails to comply with regulation 6(2), 11(4) or 24(1)
shall be guilty of an offence and shall be liable on conviction to a fine of
$50000. (L.N. 323 of 1981)

(6) If regulation 36 is contravened, the contractor shall be guilty of an
offence and shall be liable on conviction to a fine of $10000. (L.N. 323 of
1981)

(6A) If regulation 15 or 18 is contravened, the contractor shall be guilty of
an offence and shall be liable on conviction to a fine of $50000. (L.N. 29 of
1994)

(7) Any contractor who fails to comply with regulation 24(2) shall be guilty
of an offence and shall be liable on conviction to a fine of $10000. (L.N. 323
of 1981)

(7A) Any contractor who fails to comply with regulation 30 shall be guilty of
an offence and shall be liable on conviction to a fine of $50000. (L.N. 29 of
1994)

(8) If regulation 26(1), (2), (3) or (5) is contravened, the employer shall be
guilty of an offence and shall be liable on conviction to a fine of $50000.
(L.N. 323 of 1981)

(8A) Any employer who fails to comply with regulation 12 shall be guilty of an
offence and shall be liable where the offence was committed without reasonable
excuse, to a fine of $200000 and to imprisonment for 6 months and in any other
case to a fine of $200000. (L.N. 323 of 1981; 71 of 1989 s. 13)

(8B) If regulation 28(1), (2) or (3) or 31 is contravened, the employer shall
be guilty of an offence and shall be liable on conviction to a fine of $50000.
(L.N. 323 of 1981)

(8C) Any employer who fails to comply with regulation 25(1) or 27(1), (2) or
(4) shall be guilty of an offence and shall be liable on conviction to a fine
of $50000. (L.N. 323 of 1981)

(8D) Any employer who fails to comply with regulation 25(2), 32 or 33(1) shall
be guilty of an offence and shall be liable on conviction to a fine of $10000.
(L.N. 323 of 1981)

(8E) Any contractor who without reasonable excuse fails to comply with
regulation 5(1) commits an offence and is liable to a fine of $200000 and to
imprisonment for 6 months. (71 of 1989 s. 13)

(8F) If regulation 12(4) is contravened without reasonable excuse, the
contractor commits an offence and is liable to a fine of $200000 and to
imprisonment for 6 months. (71 of 1989 s. 13)

(9) A person appointed under regulation 5(1) who fails to comply with
regulation 5(2) or 11(4) shall be guilty of an offence and shall be liable on
conviction to a fine of $50000.

(10) If regulation 18, 19, 20 or 22 is contravened, the person appointed under
regulation 5(1) shall be guilty of an offence and shall be liable on
conviction to a fine of $50000.

(10A) If regulation 26(3) or 27(3) is contravened, the person appointed under
regulation 5(1) shall be guilty of an offence and shall be liable on
conviction to a fine of $10000. (L.N. 29 of 1994)

(11) A person appointed under regulation 6(2) who fails to comply with
regulation 6(3) shall be guilty of an offence and shall be liable on
conviction to a fine of $50000.

(12) Any lock attendant who fails to comply with regulation 11(l),

(2) or (3) shall be guilty of an offence and shall be liable on conviction to
a fine of $50000.

(13) Any person who-

   (a)  without reasonable excuse fails to comply with regulation 26(4), 29 or
        33(2) ; or

   (b)  contravenes regulation 34 or 35, shall be guilty of an offence and
        shall be liable on conviction to a fine of $10000. (L.N. 323 of 1981;
        L.N. 29 of 1994)