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

26. Offence to obstruct occupational safety officers and others exercising or performing functions under Ordinance
A person who—
(a) without lawful excuse, resists, obstructs or delays an occupational safety officer who is exercising or performing or attempting to exercise or perform a function under this Ordinance; or
(b) without lawful excuse, fails to comply with a requirement made to the person in accordance with section 23(1)(h) or (i); or
(c) without lawful excuse, prevents, or attempts to prevent, another person from assisting an occupational safety officer in the exercise or performance of the officer’s functions under this Ordinance; or
(d) directly or indirectly, intimidates or threatens an occupational safety officer or person assisting such an officer in the exercise or performance of the officer’s functions under this Ordinance,
commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months.
(Amended 5 of 2023 s. 77)

27. Offence to impersonate occupational safety officer
A person who impersonates, or falsely represents that the person is, an occupational safety officer commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months.
(Amended 5 of 2023 s. 78)

28. Public officers not personally liable for certain acts and omissions
(1) A public officer, or a person assisting an occupational safety officer as provided by section 21(3)(a), is not personally liable for any act done or omitted to be done by the officer or person if the officer or person did or omitted to do the act in the honest belief that the act or omission was required or authorized by or under this Ordinance.
(2) Subsection (1) does not affect any liability that the Government may have because a public officer or person has done or omitted to do an act to which that subsection applies.

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

29. Offence for public officers and others to disclose certain information
(1) A public officer commits an offence if, without lawful authority, the officer discloses to a person the name of, or any information that could identify, a person who has made a complaint—
(a) alleging a contravention of this Ordinance or the Factories and Industrial Undertakings Ordinance (Cap. 59); or
(b) as a result of which the officer or any other public officer has become aware of such a contravention.
(2) A public officer also commits an offence if, without lawful authority, the officer discloses—
(a) to the occupier of a workplace, or to an agent or employee of the occupier; or
(b) if the employer of employees employed at a workplace is not the occupier of that place, to the employer, or to an agent or employee of the employer,
that a visit to the workplace was made as a result of a complaint of a kind referred to in subsection (1).
(3) A person who is or was formerly employed as a public officer commits an offence if, without lawful authority, the person discloses to another person—
(a) information relating to manufacturing or commercial secrets or working processes that was obtained through the exercise or performance of a function under this Ordinance or the Factories and Industrial Undertakings Ordinance (Cap. 59); or
(b) information notified by a medical practitioner in accordance with section 15.
(4) For the purposes of this section, a person has lawful authority to disclose information if the disclosure—
(a) is made in connection with the administration of this Ordinance (or the Factories and Industrial Undertakings Ordinance (Cap. 59)); or
(b) is made for the purpose of complying with a requirement of another Ordinance; or
(c) is ordered by a court, or by a person authorized by law to examine witnesses, in connection with the hearing or determination of any matter by the court or person.
(5) A person who is convicted of an offence against this section is liable to a fine at level 4. (Amended 5 of 2023 s. 79)
(6) This section applies to a person who has accompanied or assisted an occupational safety officer as referred to in section 21(3)(a) or section 4(2A) of the Factories and Industrial Undertakings Ordinance (Cap. 59) as if the person were such an officer.

30. Offence for person to interfere with or misuse article provided for safety or health of employees
A person who intentionally or recklessly interferes with, or misuses, an article provided at a workplace in the interests of the safety or health of employees employed at the workplace commits an offence and is liable on conviction to a fine at level 5.

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

31. Offence for employer to charge employees for anything done to fulfil statutory requirement
An employer who—
(a) imposes or attempts to impose; or
(b) authorizes the imposition of,
a charge on any of the employer’s employees for anything done or provided under or for the purposes of this Ordinance commits an offence and is liable on conviction to a fine at level 6.
(Amended 5 of 2023 s. 80)

32. Offence to prevent aid from being given to employee at workplace
A person who, by intimidation or by any other act or any omission, intentionally or recklessly prevents, obstructs or delays, without lawful authority or other reasonable excuse, the giving or receiving of aid in respect of an illness or injury of an employee at a workplace commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

33. 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.

34. Prosecution of offences
(Amended 5 of 2023 s. 81)(1) An occupational safety officer may, in the name of the Commissioner, bring and conduct a prosecution for any offence against this Ordinance, or an offence of conspiracy to commit such an offence. (Amended 5 of 2023 s. 81)
(1A) For the purposes of subsection (1), the offence must be tried before a magistrate as an offence that is triable summarily. (Added 5 of 2023 s. 81)
(2) Subsection (1) applies despite section 12 of the Magistrates Ordinance (Cap. 227), but nothing in this section limits the functions of the Secretary for Justice under that Ordinance with respect to the prosecution of offences. (Amended L.N. 362 of 1997)