### Occupational Safety and Health Ordinance 《職業安全及健康條例》

41. Effect of workplace code of practice
(1) A person does not incur a civil or criminal liability only because the person has contravened a provision of a workplace code of practice.
(2) However, if, in any legal proceedings the court is satisfied that a workplace code of practice is relevant to determining a matter that is in issue in the proceedings—
(a) the code of practice is admissible in evidence in the proceedings; and
(b) proof that the person contravened or did not contravene a relevant provision of the code may be relied on by any party to the proceedings as tending to establish or negate that matter.
(3) In any legal proceedings, a document that purports to be a copy of a workplace code of practice is, in the absence of evidence to the contrary, to be presumed to be a true copy of the code.
(4) A workplace code of practice is not subsidiary legislation for the purposes of Part V of the Interpretation and General Clauses Ordinance (Cap. 1).

### Occupational Safety and Health Ordinance 《職業安全及健康條例》

43. Commissioner may amend Schedules
The Commissioner may, by order published in the Gazette, amend Schedule 1 or 2 by adding a new item or by replacing or altering an existing item, but only if the amendment promotes the purposes of this Ordinance.

44. Commissioner may grant exemptions from operation of Ordinance
(1) The Commissioner may, by notice in writing, exempt a person from the operation of a specified requirement of this Ordinance if the Commissioner is satisfied that—
(a) it is not reasonably practicable for the person to comply with the requirement; and
(b) having regard to the relevant circumstances, it is reasonable that the person should be exempted from the requirement.
(2) The Commissioner may, in granting such an exemption, impose conditions on the exempted person.
(3) An exemption granted under this section ceases to have effect if any condition imposed under this section on the exempted person is contravened. In that event this Ordinance applies to the person as if the exemption had not been granted.
(4) The power conferred by this section must be exercised by the Commissioner personally or by a public officer specifically designated by the Commissioner for the purpose.
(5) The Commissioner must keep a register of exemptions and ensure that every exemption granted in accordance with this section is recorded in the register. The Commissioner must also ensure that the register—
(a) is kept at the head office of the Labour Department; and
(b) is made available for inspection by members of the public without charge during the ordinary business hours of that office.
(6) The Commissioner may at any time, by notice in writing served on the exempted person, revoke an exemption granted under this section or vary any condition to which such an exemption is subject.

45. Requirements imposed by Ordinance on 2 or more different persons
(1) A requirement imposed by or under this Ordinance on 2 or more different persons is taken to have been complied with by each of those persons if any one of them has fully complied with the requirement.
(2) This section is subject to any express provision of this Ordinance to the contrary.

46. Regulations and codes of practice under Ordinance to prevail
(1) A provision of a regulation made under this Ordinance is to prevail over any inconsistent provision of a regulation made under the Factories and Industrial Undertakings Ordinance (Cap. 59).
(2) A provision of a code of practice issued under this Ordinance is to prevail over any inconsistent provision of a code of practice issued under the Factories and Industrial Undertakings Ordinance (Cap. 59).

### Occupational Safety and Health Ordinance 《職業安全及健康條例》

47. How documents are to be served for purposes of Ordinance
A document to be served for the purposes of this Ordinance may be served—
(a) in the case of a person other than a body corporate or partnership—
(i) by delivering it to the person personally; or
(ii) by sending it by registered post in a letter addressed to the person at the person’s usual place of residence or business or, if the person’s address is unknown, addressed to the person’s last known place of residence or business; or
(b) in the case of a body corporate—
(i) by delivering it to any place in Hong Kong at which the body carries on business and giving it to a person apparently concerned in the management of, or apparently employed by, the body; or
(ii) by sending it to the body by registered post by letter addressed to the body at its registered office in Hong Kong or at any place in Hong Kong at which the body carries on business; or
(c) in the case of a partnership—
(i) by delivering it to any place in Hong Kong at which the partnership carries on business and giving it to a person apparently concerned in the management of, or apparently employed by, the partnership; or
(ii) by sending it to the partnership by registered post by letter addressed to the partnership at any place in Hong Kong at which the partnership carries on business.

51. Savings and transitional provisions
Schedule 5 (containing savings and transitional provisions) has effect.

### Merchant Shipping (Collision Damage Liability and Salvage) Ordinance 《商船(碰撞損害法律責任及救助)條例》

1. Short title
(Amended E.R. 4 of 2023)(1) This Ordinance may be cited as the Merchant Shipping (Collision Damage Liability and Salvage) Ordinance.
(2) (Omitted as spent—E.R. 4 of 2023)

2. Interpretation
(1) In this Part, unless the context otherwise requires—
freight (運費) includes passage money and hire; [cf. 1911 c. 57 s. 1(2) U.K.]
vessel (船隻) includes any ship or boat, or any other description of vessel used in navigation. [cf. 1894 c. 60 s. 742 U.K.]
(2) References in this Part to damage or loss caused by the fault of a vessel shall be construed as including references to any salvage or other expenses, consequent upon that fault, recoverable at law by way of damages. [cf. 1911 c. 57 s. 1(2) U.K.]

3. Rules as to division of damage or loss
(1) Where by the fault of 2 or more vessels, damage or loss is caused to one or more of those vessels, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was in fault. [cf. 1911 c. 57 s. 1(1) U.K.]
(2) If, having regard to all the circumstances of the case, it is not possible to establish degrees of fault, the liability shall be apportioned equally. [cf. 1911 c. 57 s. 1(1)(a) U.K.]
(3) Nothing in this section shall operate so as to render a vessel liable for damage or loss to which its fault has not contributed. [cf. 1911 c. 57 s. 1(1)(b) U.K.]
(4) Nothing in this section shall affect the liability of a person under a contract of carriage or any other contract. [cf. 1911 c. 57 s. 1(1)(c) U.K.]
(5) Nothing in this section shall be construed as imposing any liability upon a person from which he is exempted by any contract or law, or as affecting the right of a person to limit his liability in the manner provided by law. [cf. 1911 c. 57 s. 1(1)(c) U.K.]