Cap. 59activeordinance

Factories and Industrial Undertakings Ordinance

工廠及工業經營條例

Full legislation

s.6A

General duties of a proprietor

(1)
It shall be the duty of every proprietor of an industrial undertaking to
                ensure, so far as is reasonably practicable, the health and safety at work of all
                persons employed by
                the
                proprietor at the industrial undertaking.
(2)
Without prejudice to the generality of a proprietor’s duty under subsection (1),
                the matters to which that duty extends include in
particular—
(a)
the provision and maintenance of plant and systems of work that are, so far
                    as is reasonably practicable, safe and without risks to health;
(b)
arrangements for ensuring, so far as is reasonably practicable, safety and
                    absence of risks to health in connection with the use, handling, storage and
                    transport of articles and substances;
(c)
the provision of such information, instruction, training and supervision as
                    is necessary to ensure, so far as is reasonably practicable, the health and
                    safety at work of all persons employed by
                    the
                    proprietor at the industrial undertaking;
(d)
so far as is reasonably practicable as regards any part of the industrial
                    undertaking under the proprietor’s control, the maintenance of it in a condition
                    that is safe and without risks to health and the provision and maintenance of
                    means of access to and egress from it that are safe and without such risks;
                    and
(e)
the provision and maintenance of a working environment for all persons
                    employed by
                    the
                    proprietor at the industrial undertaking that is, so far as is
                    reasonably practicable, safe, and without risks to health.
(3)
Subject to subsection (4), a proprietor of an industrial undertaking who
                contravenes this section commits an offence and is
liable—
(Amended
40 of 1997 s. 2
;
5 of 2023 s. 3
)
(a)
on summary conviction—to a fine of $3,000,000; or
(b)
on conviction on indictment—to a fine of $10,000,000.
(4)
A proprietor of an industrial undertaking who contravenes this section wilfully
                and without reasonable excuse commits an offence and is
liable—
(Amended
40 of 1997 s. 2
;
5 of 2023 s. 3
)
(a)
on summary conviction—to a fine of $3,000,000 and to imprisonment for 6
                    months; or
(b)
on conviction on indictment—to a fine of $10,000,000 and to imprisonment
                    for 2 years.