### Factories and Industrial Undertakings Ordinance 《工廠及工業經營條例》

9A. Prohibition notices
(1) If at any time the Commissioner considers that any notifiable workplace, whether a notifiable workplace which has been notified to him under section 9 or not, is not suitable—
(a) for use as a factory, mine or quarry; or
(b) for the carrying on therein of any dangerous trade or scheduled trade; or
(c) for the carrying on therein of any industrial process or industrial operation or any part thereof,
he may issue to the proprietor of the notifiable workplace a notice in the prescribed form prohibiting—
(i) its use as a factory, mine or quarry;
(ii) the carrying on therein of any dangerous trade or scheduled trade; or
(iii) the carrying on therein of such industrial process or industrial operation, or such part thereof, as may be specified in the notice.
(2) Upon issuing a prohibition notice in respect of any notifiable workplace the Commissioner shall on the notice state the reasons for the issue of the notice and specify a date by which it is to be complied with.
(3) Where at any time after issuing a prohibition notice in respect of a notifiable workplace the Commissioner is satisfied that the matter leading to the issuing of the notice has been remedied, he may, and if so requested by the proprietor of the notifiable workplace shall, cancel the prohibition notice, but may upon doing so give directions in writing to the proprietor of the notifiable workplace in respect of any matter which led to the issuing of the notice.
(4) Any proprietor of a notifiable workplace who is aggrieved by—
(a) the issue of a prohibition notice in respect of that notifiable workplace;
(b) a refusal by the Commissioner to cancel a prohibition notice; or
(c) the giving of any direction upon the cancellation of a prohibition notice,
may, within 28 days of being notified of such issue, refusal or direction, appeal against it to the Administrative Appeals Board. (Amended 6 of 1994 s. 36)
(5) In this section—
(a) Commissioner (處長) includes any person authorized by the Commissioner in writing for the purposes of this section;
(b) suitable (適宜) means— (Amended E.R. 2 of 2019)
(i) in the case of a notifiable workplace designed and constructed for industrial use, suitable in respect of the safety, health and welfare of persons employed therein;
(ii) in the case of a notifiable workplace not so designed and constructed, suitable in respect of the safety, health and welfare of persons generally other than in respect of noise affecting persons not employed therein. (Amended 75 of 1988 s. 40)

(Added 50 of 1985 s. 5. Amended 39 of 1997 s. 48)

### Factories and Industrial Undertakings Ordinance 《工廠及工業經營條例》

11A. (Repealed 39 of 1997 s. 48)Editorial Note:
Please see the savings and transitional provisions contained in section 2 of Schedule 5 to the Occupational Safety and Health Ordinance (Cap. 509).

11B. (Repealed 39 of 1997 s. 48)Editorial Note:
Please see the savings and transitional provisions contained in section 2 of Schedule 5 to the Occupational Safety and Health Ordinance (Cap. 509).

12. Continuing offences
A person who is convicted of an offence under this Ordinance is, in addition to any other penalty prescribed for the offence, liable to a fine of $10,000 for each day during the whole or any part of which the offence is knowingly and wilfully continued.
(Replaced 5 of 2023 s. 8)

13. Liability of proprietor
(1) Except as may be otherwise provided by regulations made under this Ordinance, the proprietor of every industrial undertaking in or in respect of which any offence against this Ordinance has been committed shall be guilty of a like offence, and shall be liable to the penalty prescribed for such offence.
(2) It shall be no defence to a prosecution of the proprietor of an industrial undertaking for an offence against this Ordinance that the offence was committed without his knowledge or consent or that the actual offender has not been convicted of the offence.
(3) Nothing in this section shall apply to an offence under section 6B or 6BA(15). (Added 71 of 1989 s. 9. Amended 53 of 1999 s. 7)

14. Liability of directors, partners, etc.
(1) Where the person convicted of an offence against this Ordinance is a company and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the company, the director, manager, secretary or other similar officer shall be guilty of the like offence.
(2) Where the person convicted of an offence against this Ordinance is a firm and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any partner in the firm or any person concerned in the management of the firm, the partner or the person concerned in the management of the firm shall be guilty of the like offence.
(Replaced 71 of 1989 s. 10)

### Factories and Industrial Undertakings Ordinance 《工廠及工業經營條例》

14A. Protection of public officers
(1) A public officer is not personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the exercise of any function, duty or power of his under this Ordinance.
(2) The protection conferred on public officers by subsection (1) in respect of any act or omission shall not in any way affect any liability of the Government in tort for that act or omission. (Amended 54 of 2000 s. 3)
(Added 71 of 1989 s. 11)

15. Procedure
(1) (a) Any summons relating to an offence against this Ordinance by a proprietor of an industrial undertaking may be served by leaving a copy of the summons with some person for him at the industrial undertaking mentioned in the summons.
(b) Any such summons may be addressed to the proprietor of an industrial undertaking without specifying the name of the proprietor.
(c) (Repealed 5 of 2023 s. 9)(2) Any summons relating to an offence against this Ordinance by a person employed in an industrial undertaking may be served by leaving a copy of the summons either with some person for him at his last or most usual place of abode or with some person for him at the industrial undertaking mentioned in the summons.

16. Presumptions
In any prosecution under this Ordinance—
(a) if it appears to the court that any person who is alleged in the charge to have been a young person or child at the date of the alleged offence was a young person or child at that date, it is, until the contrary is proved, presumed that the person was a young person or child at that date;
(b) if it appears to the court that any young person or child who is alleged in the charge to have been under any particular age at the date of the alleged offence was under that particular age at that date, it is, until the contrary is proved, presumed that the young person or child was under that particular age at that date;
(c) if the charge alleges the contravention of any of the provisions of this Ordinance prohibiting or controlling the employment of women, young persons or children and the defendant in such prosecution is the proprietor of the industrial undertaking in or in respect of which the offence is alleged to have been committed, it shall, until the contrary is proved, be presumed that any woman, young person or child to whom the charge relates and who was employed in the industrial undertaking on the day on which the offence is alleged to have been committed was employed therein on that day by such proprietor. (Added 51 of 1961 s. 5)
(Amended 5 of 2023 s. 10)