To amend the law, relating to factories and industrial undertakings and to the employment of women, young persons and children therein. [29 September 1955] (Originally 34 of 1955) Cap 59 s 1 Short title This Ordinance may be cited as the Factories and Industrial Undertakings Ordinance. Cap 59 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) In this Ordinance, unless the context otherwise requires- "approved code" (认可守则) means a code of practice issued under section 7A; (Added 81 of 1993 s. 2) "bodily injury" (身体伤害) includes injury to health; "child" (儿童) has the meaning assigned to it in the Employment Ordinance (Cap 57); (Replaced 55 of 1979 s. 2) "Commissioner" (处长) means the Commissioner for Labour holding office under the Occupational Safety and Health Ordinance (Cap 509), and- (a) includes any person who is acting in that office; and (b) in relation to the exercise or performance of a particular function conferred or imposed on the Commissioner by or under this Ordinance, also includes (subject to section 3) any person authorized to exercise or perform the function; (Replaced 39 of 1997 s. 48)"construction work" (建筑工程) means- (a) the construction, erection, installation, reconstruction, repair, maintenance (including redecoration and external cleaning), renewal, removal, alteration, improvement, dismantling, or demolition of any structure or works specified in the Third Schedule; (b) any work involved in preparing for any operation referred to in paragraph (a), including the laying of foundations and the excavation of earth and rock prior to the laying of foundations; (c) the use of machinery, plant, tools, gear, and materials in connexion with any operation referred to in paragraph (a) or (b); (Added 52 of 1973 s. 2)"container" (货柜) means an article of transport equipment- (a) of a permanent character and accordingly strong enough to be suitable for repeated use; (b) specially designed to facilitate the transport of goods, by one or more modes of transport, without intermediate reloading; (c) designed to be secured or readily handled or both and having corner fittings for these purposes; and (d) of a size such that the area enclosed by the 4 outer bottom corners is either- (i) at least 14 square metres; or (ii) at least 7 square metres if it is fitted with top corner fittings; (Added 32 of 1992 s. 2)"container handling" (货柜处理作业) means the loading, unloading, handling, stacking, unstacking, storing or maintaining (including repairing) of containers; (Added 53 of 1999 s. 2) "contractor" (承建商), in relation to construction work, means any person or firm engaged in carrying out construction work by way of trade or business, either on his own account or pursuant to a contract or arrangement entered into with another person, including the State or any public body; (Added 52 of 1973 s. 2. Amended 54 of 2000 s. 3) "corner fittings" (夹角接头) means an arrangement of apertures and faces either at the top or at the bottom or both at the top and the bottom of a container for the purposes of handling, stacking and securing or any of these purposes; (Added 32 of 1992 s. 2) "court" (法庭) includes a magistrate; (Added 81 of 1993 s. 2) "dangerous trade" (危险行业) means any trade, process or occupation specified in the First Schedule; "factory" (工厂) means any premises or place, (other than a mine or quarry), in which articles are manufactured, altered, cleansed, repaired, ornamented, finished, adapted for sale, broken up or demolished or in which materials are transformed, and within the close or curtilage or precincts of which- (Amended 4 of 1969 s. 2) (a) any machinery other than machinery worked entirely by hand is used; or (b) 20 or more persons are employed in manual labour; (Replaced 37 of 1983 s. 2)"function" (职能) includes a power and a duty; (Added 39 of 1997 s. 48) "industrial undertaking" (工业经营) includes- (a) any factory; (b) any mine or quarry; (Amended 4 of 1969 s. 2) (c) any industry in which articles are manufactured, altered, cleansed, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including shipbuilding; (d) the generation, transformation, and transmission of electricity or motive power of any kind; (e) any construction work; (Replaced 52 of 1973 s. 2) (f) the loading, unloading, or handling of goods or cargo at any dock, quay, wharf, warehouse or airport; (Replaced 52 of 1973 s. 2. Amended 73 of 1977 s. 2) (fa) container handling; (Replaced 53 of 1999 s. 2) (g) the carriage of coal, building materials, or debris; (Added 52 of 1973 s. 2) (h) the transport of passengers or goods by road, rail, cableway or aerial ropeway; (Replaced 19 of 1976 s. 32. Amended 77 of 1990 s. 2) (ha) the preparation of food for consumption and sale on the premises where it is prepared; (Added 77 of 1990 s. 2) |