Hong Kong Regulations

FACTORIES AND INDUSTRIAL UNDERTAKINGS (ASBESTOS) SPECIAL - REGULATION 6

Defence to a charge under regulation 5

Caution: This is a past version. See the current version here.

(1) It shall be a defence to a charge under regulation 5(1) to prove that the
asbestos process was used in such a manner as to be as safe as it would have
been if regulation 4(1) had been complied with.

(2) It shall be a defence to a charge under regulation 5(1) or (2) to prove
that-

   (a)  it was impracticable to comply with regulation 4(1) or (2) as the case
        may be;

   (b)  there had been provided and maintained for the use of each person
        employed in connection with the asbestos process and in any place into
        which asbestos dust from that asbestos process was liable to escape-

        (i)    respiratory protective equipment; and

        (ii)   protective clothing; and

   (c)  that equipment and clothing were used by the persons referred to in
        sub-paragraph (b). (Enacted 1986)