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

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.
(Added 71 of 1989 s. 5. Amended 81 of 1993 s. 3; 5 of 2023 s. 3)

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

6B. General duties of persons employed
(1) It shall be the duty of every person employed at an industrial undertaking while at work—
(a) to take reasonable care for the health and safety of the person and of other persons who may be affected by the person’s acts or omissions at work; and
(b) as regards any duty or requirement imposed on a proprietor of the industrial undertaking or on any other person by this Ordinance for securing the health and safety of persons employed at the industrial undertaking, to co-operate with the proprietor or other person so far as is necessary to enable that duty or requirement to be performed or complied with.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of $150,000. (Amended 40 of 1997 s. 3)
(3) A person employed at an industrial undertaking who wilfully and without reasonable excuse does anything while at work likely to endanger the person or others commits an offence and is liable on conviction to a fine of $150,000 and to imprisonment for 6 months. (Amended 81 of 1993 s. 4; E.R. 2 of 2019)
(Added 71 of 1989 s. 5. Amended 5 of 2023 s. 4)

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

6C. Meaning of at work (工作時)
For the purposes of sections 6A, 6B and 6BA, a person is at work throughout the time when he is in the course of employment, but not otherwise.
(Added 71 of 1989 s. 5. Amended 53 of 1999 s. 4)

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

7A. Codes of practice
(1) For the purpose of providing practical guidance in respect of any one or more of the requirements of this Ordinance or of regulations under this Ordinance, the Commissioner may issue such codes of practice (whether prepared by the Commissioner or not) as the Commissioner considers appropriate.
(2) The Commissioner may amend or revoke a code of practice issued by him under subsection (1).
(3) Where the Commissioner exercises a power under subsection (1) or (2), he shall as soon as may be reasonably practicable publish notice thereof in the Gazette and the notice shall be in such form as the Commissioner considers appropriate.
(4) A failure by any person to observe a provision of an approved code shall not of itself cause him to incur any criminal liability, but where—
(a) in any criminal proceedings the defendant is alleged to have committed an offence either—
(i) by reason of a contravention of or a failure to comply with, whether by act or omission, this Ordinance or regulations under this Ordinance; or
(ii) by reason of a failure to discharge or perform a duty imposed by this Ordinance or such regulations; and
(b) the matter to which the alleged contravention or failure relates is one to which, in the opinion of the court, an approved code relates,
then subsection (5) shall apply as regards the proceedings.
(5) In any criminal proceedings to which this subsection applies, the following, namely—
(a) compliance with a provision of an approved code found by the court to be relevant to a matter to which a contravention or failure alleged in the proceedings relates;
(b) a contravention or failure to comply with, whether by act or omission, any such provision so found,
may be relied on by any party to the proceedings as tending to establish or to negative any liability which is in question in the proceedings.
(6) In any criminal proceedings, any document which purports to be a copy of a particular approved code shall, in the absence of evidence to the contrary, be regarded by the court as being a true copy of that code.
(Added 81 of 1993 s. 6)

8. Commissioner may amend the Schedules
(1) The Commissioner may by notice published in the Gazette amend Schedule 1, 2 or 3. (Amended 53 of 1999 s. 6)
(2) The Commissioner may, by notice in the Gazette and subject to the approval of the Legislative Council, amend Schedule 4. (Added 53 of 1999 s. 6)
(Replaced 81 of 1993 s. 7. Amended 39 of 1997 s. 48; E.R. 3 of 2015)

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

9. Notification of workplaces
(1) The person having the management or control of a notifiable workplace shall, before the first occasion on which any industrial process is commenced or any industrial operation is carried on in the notifiable workplace, notify the Commissioner in the prescribed form of such particulars relating to the workplace and the industrial process or industrial operation proposed to be carried on there as may be specified in the prescribed form.
(2) The person having the management or control of a notifiable workplace in respect of which any change in the location or name of the notifiable workplace or in the nature of the industrial process or industrial operation carried on there is proposed shall notify the Commissioner in the prescribed form of the proposed change before it takes effect.
(3) Where there has been a change in the identity of the person having the management or control of a notifiable workplace, that person shall notify the Commissioner of the fact of such change within 21 days after it takes effect.
(Replaced 50 of 1985 s. 5. Amended 39 of 1997 s. 48)