Employment Ordinance

(1)
The Commissioner, or any public officer authorized by the Commissioner in writing for the purpose and on production of that authority,
may—
(a)
subject to subsection (2), enter, inspect and examine at all reasonable times, by day and night, any premises or place, in which he knows or has reasonable cause to believe that persons are employed;
(b)
require the production of any register, record, form or other document required to be kept under this Ordinance (and, in the case of a record which includes particulars required to be included under
section 49A(3
)(
ea)
, require that the particulars under
section 49A(3
)(
a)
, (d), (e), (ea) and (f) are produced in a single document) and inspect, examine and copy the same;
(Amended
15 of 2010 s. 21
)
(c)
make such examination and inquiry as may be necessary to ascertain whether the requirements of this Ordinance are complied with, and seize anything which may appear to be evidence of an offence against this Ordinance;
(d)
examine, either alone or in the presence of any other person, as he thinks fit, respecting matters under this Ordinance, any person whom he finds in any industrial undertaking within the meaning of the Factories and Industrial Undertakings Ordinance (
Cap. 59
), or whom he has reasonable cause to believe has been within the preceding 2 months employed in any industrial undertaking within the meaning of the Factories and Industrial Undertakings Ordinance (
Cap. 59
), or require any such person to be so examined and to sign a declaration of the truth of the matters respecting which he has been so examined;
(Added
10 of 1980 s. 6
)
(e)
require any person who employs or has employed any young person or child in an industrial undertaking within the meaning of the Factories and Industrial Undertakings Ordinance (
Cap. 59
) or any agent or servant of any such employer to give to him all information in the possession of such person, agent or servant with reference to such young person or child and to the labour conditions and treatment of every young person or child employed by such employer;
(Added
10 of 1980 s. 6
. Amended
7 of 2001 s. 10
)
(f)
require the posting up, in such place and manner and for such period as he may direct, of any notice or form in connection with the provisions of this Ordinance or of any Ordinance specified in the
Fourth Schedule
;
(Added
10 of 1980 s. 6
. Amended
48 of 1984 s. 31
)
(g)
exercise any other powers which may be conferred on him by any regulations made under this Ordinance.
(Added
10 of 1980 s. 6
)
(2)
No premises or part of a premises which is used for dwelling purposes shall be entered under subsection (1) except by virtue of a warrant issued by a magistrate, where such magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence against this Ordinance has been, is being or is about to be committed in such premises or part or that there is in such premises or part anything likely to be or contain evidence of such offence.
(3)
An officer exercising any power conferred on him by subsection (1) in relation to any industrial undertaking within the meaning of the Factories and Industrial Undertakings Ordinance (
Cap. 59
) may take with him any person whom he may reasonably need to assist him in carrying out his duties under this Ordinance and in particular may, for his assistance, take persons who have been engaged by the Commissioner, on account of their special expertise, to advise the Labour Department on any matters necessary for carrying out the purposes of this Ordinance.
(Added
10 of 1980 s. 6
)
(4)
A person who accompanies an officer pursuant to subsection (3
)—
(a)
may give to the officer such assistance in the exercise of any power conferred on him by subsection (1) as the officer may reasonably require;
(b)
shall be deemed to be a public officer for the purposes of
sections 72A
and
72B
.
(Added
10 of 1980 s. 6
)