| To establish the Occupational Safety and Health Council as body corporate for the fostering of safer and healthier working conditions in Hong Kong, and to provide for the payment of a levy by employers, and for matters incidental thereto. (Enacted 1988) [Parts I to III } 22 August 1988 L.N. 233 of 1988 Parts IV and V } 1 January 1989 Part VI } 22 August 1988 L.N. 233 of 1988] (Originally 73 of 1988) Cap 398 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Occupational Safety and Health Council Ordinance. (Enacted 1988) Cap 398 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Chairman" (主席) means the Chairman of the Council appointed under section 3(2)(a) or any other person when acting as Chairman; "contribution" (分担费) means the contribution assessed under section 16; "Council" (职安局) means the Occupational Safety and Health Council established under section 3; "Executive Director" (总干事) means the person who holds the office of Executive Director under paragraph 3(1) of the Schedule; "financial year" (财政年度) means the period fixed as the financial year of the Council under section 9(1); "member" (成员) means a member of the Council referred to in section 3(2) and any any person when acting as a member; "penalty" (罚款) means the penalty payable under section 19(3); "surcharge" (附加费) means the surcharge imposed under section 19(1). (Enacted 1988. Amended 33 of 1990 s. 30) Cap 398 s 3 Establishment of the Council Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 PART II ESTABLISHMENT OF THE OCCUPATIONAL SAFETY AND HEALTH COUNCIL (1) There shall be established a body corporate, to be called the Occupational Safety and Health Council, which shall have such powers and duties as are conferred and imposed on it by, or by virtue of, this Ordinance. (2) The Council shall consist of- (a) a Chairman who shall be appointed by the Chief Executive for a term not exceeding 3 years; (b) a Vice-Chairman who shall be appointed by the Chief Executive for a term not exceeding 3 years; (c) not less than 10 nor more than 14 other members not being public officers who, in the opinion of the Chief Executive, represent employers, employees, professional and academic interests and who shall be appointed by the Chief Executive for a term not exceeding 3 years; (d) not more than 5 other members being public officers each of whom shall be appointed by the Chief Executive and hold office at the discretion of the Chief Executive,and the members of the Council shall be the governing body thereof and shall comprise its managing board with authority, in the name of the Council, to exercise and perform the powers and duties conferred and imposed on the Council by, or by virtue of, this Ordinance. (Amended 54 of 2000 s. 3) (3) The Schedule shall have effect as respects the Council and the members thereof. (4) The Chief Executive may by order amend the Schedule. (Amended 54 of 2000 s. 3) (5) For the removal of doubt it is declared that, save insofar as is inconsistent with the provisions of this Ordinance, Part VII of the Interpretation and General Clauses Ordinance (Cap 1) shall apply in relation to the Council and appointments thereto. (Enacted 1988) Cap 398 s 4 Purposes of the Council The purposes of the Council are- (a) to foster greater awareness among the community; (b) to promote the application of modern technology; (c) to promote education and training; (d) to disseminate technical knowledge; (e) to develop strategies and formulate programmes; (f) to provide consultancy services; and (g) to encourage and facilitate co-operation and communication between the Government, employers, employees and relevant professional and academic bodies,in furtherance of the encouragement and promotion of higher standards of safety and health for people at work. (Enacted 1988) Cap 398 s 5 General powers of the Council (1) The Council may do such things as are expedient for or conducive to the attainment of the purposes declared in or permitted or assigned under section 4 or which in the opinion of the Council are necessary to facilitate the proper carrying out of the purposes of the Council. (2) Without restricting the generality of subsection (1) the Council may- (a) take on lease, purchase, or otherwise acquire and hold, manage and enjoy property of any description, and sell, let or otherwise dispose of the same; (b) conduct and commission research into any matter relating to its purposes; (c) charge fees for the use of any facility or service provided by the Council; (d) appoint such employees as it may determine on such terms and conditions as the Council thinks fit including the payment of allowances, benefits and remuneration; (e) make or provide ex gratia payments to any employee, or to the personal representative of a deceased employee or to any other person who was dependent on such employee at his death; |
