### Factories and Industrial Undertakings Regulations 《工廠及工業經營規例》

46. Contravention of regulation 16B, 34, 37(1), 38 or 39 is offence
(5 of 2023 s. 19)(1) The proprietor of any industrial undertaking or of any notifiable workplace, as the case may be,—
(a) who contravenes any of the provisions of regulation 16B; or (L.N. 239 of 1992)
(b) in respect of which any of the provisions of regulation 34, 37(1), 38 or 39 are contravened,
shall be guilty of an offence. (G.N.A. 71 of 1958; L.N. 87 of 1968; L.N. 132 of 1969; L.N. 150 of 1973; L.N. 26 of 1976; L.N. 157 of 1978; 11 of 1980 s. 6; L.N. 114 of 1981; L.N. 214 of 1981; L.N. 149 of 1982; 50 of 1985 s. 9)
(2) A person who is convicted of an offence under paragraph (1)—
(a) in respect of a contravention of regulation 16B or 37(1) is liable to a fine at level 4;
(b) in respect of a contravention of regulation 34 or 38 is liable to a fine at level 5; or
(c) in respect of a contravention of regulation 39 is liable to a fine at level 6. (5 of 2023 s. 19)

### Factories and Industrial Undertakings Regulations 《工廠及工業經營規例》

47. Contravention of regulation 17, 18, 32, 35(1) or 36(3) is offence
(5 of 2023 s. 20)(1) The proprietor of any industrial undertaking or of any notifiable workplace, as the case may be,—
(a) (Repealed 11 of 1980 s. 6)(b) in respect of which any of the provisions of regulation 32, 35(1) or 36(3) are contravened; or
(c) who, without reasonable excuse, fails to make any report required by regulation 17 or 18, or who makes such a report which he knows to be false in any material particular, (L.N. 7 of 1975)
shall be guilty of an offence. (G.N.A. 71 of 1958; L.N. 157 of 1978; L.N. 114 of 1981; 50 of 1985 s. 9)
(2) A person who is convicted of an offence under paragraph (1)—
(a) in respect of failure to make a report or making a false report, as referred to in paragraph (1)(c), is liable to a fine at level 6; or
(b) in respect of a contravention of regulation 32, 35(1) or 36(3) is liable to a fine at level 4. (5 of 2023 s. 20)

48. Liability of proprietors
Notwithstanding anything contained in section 13 of the Ordinance, the proprietor of an industrial undertaking in or in respect of which an offence against regulation 20(4) or 21 is committed shall not be guilty of a like offence.
(G.N.A. 71 of 1958) 

### Factories and Industrial Undertakings (Spraying of Flammable Liquids) Regulations 《工廠及工業經營(易燃液體的噴塗)規例》

1. Citation
These regulations may be cited as the Factories and Industrial Undertakings (Spraying of Flammable Liquids) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
employee (僱員) means a person employed in any process involving the use of a flammable liquid;
F.R.P. (耐火期) has the meaning assigned to it in regulation 182* of the Building (Construction) Regulations (Cap. 123 sub. leg. B); (E.R. 1 of 2022)
flammable liquid (易燃液體) means any liquid having a flash point below 32oC;
flammable liquid spraying process (易燃液體噴塗工序) means the application of a flammable liquid or of a mixture containing flammable liquid to an article by the atomisation of the liquid or mixture through the nozzle of a spraying apparatus under pressure; (L.N. 238 of 1984)
flash point (閃點) means, in relation to any liquid, the lowest temperature, if any, at which such liquid will give off vapour which will ignite or explode if mixed with air and exposed to a naked light;
open air (露天地方) means a space which—
(a) is vertically uncovered and unobstructed;
(b) is not less, in any horizontal dimension, than 1.3 metres; and
(c) where such space is enclosed on 4 sides, has a horizontal area of not less than 0.1 square metre for every 600 millimetres of the mean height of the walls enclosing the space; (L.N. 238 of 1984)

spraying area (噴塗地點) means the area referred to in regulation 4(1)(b);
spraying room (噴塗室) means the room referred to in regulation 4(1)(a).

Editorial Note:
* Repealed by L.N. 439 of 1990. See Cap. 123 sub. leg. B, 1985 R. Edition.

3. Application of regulations
These regulations apply to any industrial undertaking in which any flammable liquid spraying process is carried on.

### Factories and Industrial Undertakings (Spraying of Flammable Liquids) Regulations 《工廠及工業經營(易燃液體的噴塗)規例》

4. Construction of spraying room or spraying area etc.
(1) No flammable liquid spraying process shall be carried on except in—
(a) a spraying room constructed of materials—
(i) in the case of floors, walls and ceilings, having an F.R.P. of not less than 1 hour; and
(ii) in the case of windows and doors, being capable of resisting the action of fire for a period of not less than 1/2 hour and complying with the specifications set forth in *Tables F and G respectively in the Third Schedule to the Building (Construction) Regulations (Cap. 123 sub. leg. B); or (E.R. 1 of 2022)
(b) a spraying area set aside for the purpose, and then only if the spraying process is carried on inside a booth or cabinet which is completely enclosed except in so far as openings are necessary to enable the work to be carried out or for ventilation purposes as required by regulation 5.
(2) All ducts, trunking, hoods, booths, cabinets and casings provided or used in connexion with a flammable liquid spraying process shall be capable of resisting the action of fire for a period of not less than 1/2 hour.

Editorial Note:
* Repealed by L.N. 439 of 1990. See Cap. 123 sub. leg. B, 1985 R. Edition.

5. Ventilation
Where a flammable liquid spraying process is carried on either in a spraying room or a spraying area, any such room or area, including in the case of a spraying area any booth or cabinet within such area, shall be efficiently ventilated to open air by mechanical means adequate to remove from any such room, area, booth or cabinet any flammable vapour mist or spray arising from the spraying process.

6. Sources of ignition and prohibition of smoking
A proprietor shall not permit—
(a) any person to smoke; or
(b) the presence of any naked flame or other means likely to ignite vapour from a flammable liquid,
inside any spraying room, spraying area or within a distance of 6 metres of any spraying area.
(L.N. 238 of 1984)