### Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations 《工廠及工業經營(起重機械及起重裝置)規例》

18C. Keeping and displaying of certificates and reports
(1) The owner of a lifting appliance, or any chain, rope or lifting gear shall keep the certificates and reports issued in respect of any test, examination or inspection required by these regulations in a safe place and shall not dispose of any certificate or report until 2 years after the date on which the certificate or report of the subsequent test, examination or inspection, as the case may be, is received by the owner or until 2 years after the date on which the lifting appliance, or any chain, rope or lifting gear is disposed of. (L.N. 23 of 1994)
(2) The owner of a lifting appliance shall ensure that a copy of the relevant and the most recent certificate or report is displayed in the driving cabin or other prominent place on the equipment to which it relates or in a prominent place nearby.
(3) Paragraph (1) applies whether or not the lifting appliance, chain, rope or lifting gear is still in use.
(4) The owner of a lifting appliance, or any chain, rope or lifting gear shall at all reasonable times make available for inspection by any occupational safety officer who requests to see them all certificates or reports required to be kept by him under paragraph (1). (L.N. 23 of 1994; 32 of 2000 s. 48)
(5) The owner of a lifting appliance, or any chain, rope or lifting gear shall, upon request in writing by an occupational safety officer within such period (being not less than 7 days) as may be specified in the request, deliver to the occupational safety officer a copy of or an extract from any certificate or report required to be kept by him under paragraph (1). (L.N. 23 of 1994; 32 of 2000 s. 48)

18D. Forms
Every form to be used in these regulations shall be in such form as the Commissioner for Labour may from time to time approve by notice in the Gazette.

### Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations 《工廠及工業經營(起重機械及起重裝置)規例》

19. Offences by owners
An owner who—
(a) contravenes regulation 4, 5, 6A(2), 7B, 7C, 7D, 7E(1), (2) or (3), 7H, 7I, 7J(1), (2) or (3), 8, 9(1) or (2), 12, 13, 15, 15B(1) or (3), 18(1)(a), (c), (d), (e), (eb), (h) or (i) or 18A(b) commits an offence and is liable on conviction to a fine of $400,000;
(b) contravenes regulation 7A or 18(1)(ea) commits an offence and is liable on conviction to a fine of $200,000;
(c) contravenes regulation 7E(5), 7F, 10, 11, 12A, 14(1), 15A(1) or (2), 15B(2), 15C, 16(1), (2), (4) or (5), 17, 18(1)(b) or (g) or 18A(a) commits an offence and is liable on conviction to a fine at level 6;
(d) contravenes regulation 7G(1) or 18B commits an offence and is liable on conviction to—
(i) if the offence was committed without reasonable excuse—a fine of $400,000 and to imprisonment for 12 months; or
(ii) in any other case—a fine of $400,000;
(e) contravenes regulation 7G(2) commits an offence and is liable on conviction to a fine of $400,000 and to imprisonment for 12 months; or
(f) contravenes regulation 18C(1), (2), (4) or (5) commits an offence and is liable on conviction to a fine at level 4.

20. Offences by persons employed
Any workman employed or working on or near any lifting appliance or lifting gear to which these regulations apply, who wilfully and without reasonable cause does anything likely to endanger the workman or others commits an offence and is liable on conviction to a fine at level 5.
(L.N. 116 of 1981; L.N. 23 of 1994; 5 of 2023 s. 31)

### Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations 《工廠及工業經營(起重機械及起重裝置)規例》

21. Offences by competent examiners
(1) Any competent examiner who having carried out any test, inspection or examination required by these regulations—
(a) fails or refuses to deliver forthwith, or within a reasonable time thereafter, to an owner a report referred to in regulation 6A(1)(b);
(b) fails or refuses to deliver forthwith, or within a reasonable time thereafter, to an owner a certificate referred to in regulation 5(1), (2), (3), (4) or (5), 7B(1)(b), 7E(3), 7G(2) or 18(1)(d) or (e); or
(c) fails to comply with regulation 6A(1)(b) or 7E(4),
commits an offence and is liable on conviction to a fine at level 5. (L.N. 285 of 1993; 5 of 2023 s. 32)
(2) Any such competent examiner who delivers to an owner a certificate or makes a report which is to his knowledge false as to a material particular shall be guilty of an offence and shall be liable on conviction to a fine of $200,000 and to imprisonment for 12 months. (71 of 1989 s. 13; L.N. 285 of 1993)
(L.N. 116 of 1981; L.N. 23 of 1994)

22. Offences by competent person
(1) Any competent person who having carried out any test, inspection or examination required by these regulations fails or refuses to deliver forthwith or within a reasonable time thereafter, to an owner a certificate referred to in regulation 7A or 7B(1)(c) commits an offence and is liable on conviction to a fine at level 5. (5 of 2023 s. 33)
(2) Any such competent person who delivers to an owner a certificate which is to his knowledge false as to a material particular shall be guilty of an offence and shall be liable on conviction to a fine of $200,000 and to imprisonment for 12 months.
(L.N. 23 of 1994) 

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

1. Short title
This Ordinance may be cited as the Factories and Industrial Undertakings Ordinance.

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

3. Certain functions to be exercised or performed by Commissioner personally
The functions conferred or imposed on the Commissioner by sections 4(2) and (2A), 7(1) to (3), 7A and 8 may be exercised or performed only by the Commissioner personally.
(Replaced 39 of 1997 s. 48)

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

6. Employment not to be terminated, etc. by reason of fact that employee has given evidence in proceedings under Ordinance, etc.
No employer shall terminate, or threaten to terminate, the employment of, or in any way discriminate against, any of his employees by reason of the fact that the employee has—
(a) given evidence, or agreed to give evidence, in any proceeding for the enforcement of any of the provisions of this Ordinance; or
(b) given information to a public officer in any inquiry made by such officer for the purposes of or in connexion with the enforcement of any of the provisions of this Ordinance.
(Added 51 of 1961 s. 3. Amended 4 of 1969 s. 5)