Factories and Industrial Undertakings (Amendment) Bill 1999
Amend the Factories and Industrial Undertakings Ordinance.
Enacted by the Legislative Council.
1. Short title
This Ordinance may be cited as the Factories and Industrial Undertakings (Amendment) Ordinance 1999.
2. Interpretation
Section 2(1) of the Factories and Industrial Undertakings Ordinance (Cap. 59) is amended---
(a) in the definition of "industrial undertaking", by repealing paragraph (fa) and substituting---
"(fa) container handling;";
(b) in the definition of "夾角接頭", by repealing "垛" and substituting "叠";
(c) by adding---
""container handling" (貨櫃處理作業) means the loading, unloading, handling, stacking, unstacking,
storing, keeping or maintaining of containers;".
3. Section added
The following is added---
"6BA. Proprietor of relevant industrial
undertaking not to employ, etc.
relevant person who does not
have relevant certificate
(1) In this section---
"appointed day" (指定日期) means the day appointed by the Secretary for Education and
Manpower by notice in the Gazette for the purposes of subsections (5) and (7);
"certificate" (證明書) means a certificate referred to in subsection (2);
"relevant certificate" (有關證明書), in relation to a relevant person employed at a relevant industrial
undertaking, means the certificate issued to the person in respect of his attendance at the safety
training course which relates to that undertaking;
"relevant industrial undertaking" (有關工業經營) means an industrial undertaking the subject of a
notice under subsection (2);
"relevant person" (有關人士), in relation to a relevant industrial undertaking, means a person the
subject of a notice under subsection (2) in the case of that undertaking;
"relevant safety training course" (有關安全訓練課程), in relation to a relevant person, means the safety training course the subject of a notice under subsection (2) in the case of the class of persons to which that person belongs.
(2) The Commissioner may, by notice in the Gazette, or by notice in writing published in such other manner as the Commissioner thinks fit, recognize a safety training course---
(a) for a class of persons employed at an industrial undertaking specified in the Fourth Schedule; and
(b) in respect of which a certificate is issued to a person who attends the course.
(3) A certificate issued to a person who attends a safety training course which is subsequently recognized under subsection (2) shall, unless otherwise provided in the notice under that subsection recognizing the course, for the purposes of this Ordinance have the same effect as a certificate issued to a person who attends the course on or after the day on which the course is so recognized.
(4) Where the Commissioner is satisfied that a relevant person has undergone training---
(a) equivalent to the training provided by a relevant safety training course; and
(b) of a standard not less than the standard of the training provided by that course, then---
(i) the Commissioner may issue or cause to be issued to the person a certificate in the same terms as the certificate that would have been issued to the person if he had attended that course; and
(ii) the certificate so issued shall, for the purposes of this Ordinance, have the same effect as a certificate issued to a person who has attended that course.
(5) On and from the appointed day, every proprietor of a relevant industrial undertaking shall not employ, or shall cease to employ, at the undertaking a relevant person who does not have a relevant certificate or whose relevant certificate has expired.
(6) A certificate shall expire on the day specified in the certificate or, if no such day is so specified, on the expiration of 3 years after the day on which it was issued.
(7) On and from the appointed day, it shall be the duty of every relevant person employed at a relevant industrial undertaking who has a relevant certificate which is valid to---
(a) carry the certificate with him while at work at the undertaking;
(b) produce the certificate upon demand by an occupational safety officer, the proprietor of the undertaking or an agent of the proprietor authorized by the proprietor for the purpose.
(8) Where a relevant certificate which is valid has been lost, defaced or destroyed, the relevant person to whom it was issued shall, unless he has ceased to be employed at a relevant industrial undertaking, as soon as is reasonably practicable make an application to the Commissioner to be issued a replacement relevant certificate in the same terms.
(9) The Commissioner shall issue or cause to be issued a replacement relevant certificate pursuant to an application under subsection (8) upon being satisfied that the relevant certificate which it will replace has in fact been lost, defaced or destroyed.
(10) A replacement relevant certificate issued pursuant to an application under subsection (8) shall, for the purposes of this Ordinance, have the same effect as the relevant certificate which it replaces.
(11) A proprietor who contravenes subsection (5) commits an offence and is liable to a fine at level 5.
(12) A relevant person who, without reasonable excuse, contravenes subsection (7) commits an offence and is liable to a fine at level 3.".
4. Meaning of "at work" (工作時)
Section 6C is amended by repealing "and 6B" and substituting ", 6B and 6BA".
5. Power of Commissioner to make regulations, etc.
Section 7(1) is amended by adding---
"(oa) without prejudice to the generality of paragraph (o), requiring proprietors and contractors (including any class of proprietors and contractors)---
(i) to develop, implement and maintain any management system that relate to the safety of personnel in their industrial undertakings;
(ii) to prepare and revise safety policy statements in relation to the general safety policy of their industrial undertakings and make such statements available to persons employed;
(iii) to establish safety committees to identify, recommend and keep under review measures to improve the safety and health of persons employed;
(iv) to employ, or otherwise use the services of, persons specified in regulations made under this section to assess the effectiveness of any management system referred to in subparagraph (i) as implemented;
(ob) in relation to any registration of persons referred to in paragraph (oa)(iv) or who operate schemes to train those persons (including any class of those persons)---
(i) the keeping of a register;
(ii) the specification of conditions (including requirements) for registration;
(iii) the recognition by the Commissioner of any scheme having regard to the scheme operator;
(iv) the better and more effectual carrying out of the scheme of registration;
(oc) means of assessing the performance of persons referred to in paragraph (ob);
(od) the appointment of a disciplinary board panel and a disciplinary board by the Secretary for Education and Manpower with---
(i) all such powers that are necessary for the purposes of conducting any hearing before the board;
(ii) power to exonerate or discipline the person concerned (including the power of cancellation of registration, suspension of registration or reprimanding the person concerned);
(iii) power to make any order with respect to costs;
(oe) decisions in relation to which appeals may be made to the Administrative Appeals Board (including consequentially amending the Schedule to the Administrative Appeals Board Ordinance (Cap. 442));".
6. Commissioner may amend the Schedules
Section 8 is amended by repealing "or Third Schedule" and substituting
", Third or Fourth Schedule".
7. Liability of proprietor
Section 13(3) is amended by adding "or 6BA(12)" after "section 6B".
8. Civil liability
Section 19(a) is amended by repealing "or 6B" and substituting ", 6B or 6BA".
9. Schedule added
The following is added---
"FOURTH SCHEDULE [ss. 6BA & 8]
Specified Industrial Undertakings
1. Construction work.
2. Container handling.".
Consequential Amendments
Factories and Industrial Undertakings Regulations
10. Repair, maintenance and safety
Regulation 39(3) of the Factories and Industrial Undertakings Regulations (Cap. 59 sub. leg.) is
amended by repealing "垛" and substituting "叠".
Construction Sites (Safety) Regulations
11. Safe guarding the edges of excavations, etc.
Regulation 41(a) of the Construction Sites (Safety) Regulations (Cap. 59 sub. leg.) is amended by
repealing "垛" and substituting "叠".
12. Materials kept on construction sites
Regulation 52(2)(a) and (b) is amended by repealing "垛" and substituting "叠".
Factories and Industrial Undertakings (Cargo and
Container Handling) Regulations
13. Title amended
The title to《工廠及工業經營 (貨物及貨櫃搬運) 規例》(第59章，附屬法例) is amended by
repealing "及貨櫃搬運" and substituting "搬運及貨櫃處理作業".
14. Interpretation
Regulation 2 is amended---
(a) by repealing the definition of "container handling";
(b) in the definition of "東主", in paragraph (b), by repealing "搬運" and substituting "處理作業".
15. Maintenance and use of fork-lift trucks
Regulation 7(1) is amended by repealing "以搬運貨物或貨櫃" and substituting
"搬運貨物或進行貨櫃處理作業".
16. Safe means of stacking or unstacking
Regulation 10 is amended by repealing
"凡貨物或貨品的堆垛或拆垛，或與其相關的搬運工作，如無穩固貨物或貨品的方
法協助即不能安全地進行" and substituting "凡在沒有穩固有關貨物或貨品的方法協助
下，貨物或貨品的堆叠、或堆叠的貨物或貨品的移去，或與其相關的搬運工作或處
理作業即不能安全地進行".
17. Stability of stacks of containers
Regulation 10A is amended---
(a) in subparagraph (a), by repealing "貨櫃的堆垛拆垛，或與其相關的搬運" and substituting
"貨櫃的堆叠、堆叠的貨櫃的移去，或與其相關的處理作業";
(b) in subparagraphs (b) and (c), by repealing "垛" and substituting "叠".
18. Offences of persons employed
Regulation 18 is amended by repealing "或從事搬運貨物或貨櫃" and substituting
"搬運貨物或進行貨櫃處理作業的人，或任何從事搬運貨物或貨櫃處理作業".
Explanatory Memorandum
The main purposes of this Bill are to amend the Factories and Industrial Undertakings Ordinance (Cap. 59) to---
(a) define the term "container handling" (clause 2);
(b) add a new section 6BA (clause 3) to, inter alia---
(i) empower the Commissioner for Labour to recognize safety training courses for industrial undertakings specified in the new Fourth Schedule (clause 9); and
(ii) require a proprietor of a relevant industrial undertaking, from a day to be appointed by the Secretary for Education and Manpower by notice in the Gazette, not to employ, or cease to employ, at the undertaking a relevant person who either does not have a certificate issued for attending a recognized safety training course or whose certificate for so attending has expired; and
(c) expand the Commissioner for Labour's power to make regulations to include, inter alia, requiring proprietors and contractors to develop, implement and maintain management systems that relate to the safety of personnel in their industrial undertakings (clause 5).
