HKLII Hong Kong Ordinances

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FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE - SECT 16

Presumptions

In any prosecution under this Ordinance-

   (a)  if it appears to the magistrate that any person who is alleged in the
        charge to have been a young person or child at the date of the alleged
        offence was a young person or child at the said date, it shall, until
        the contrary is proved, be presumed that such person was a young 
        person or child at the said date;

   (b)  if it appears to the magistrate that any young person or child who is
        alleged in the charge to have been under any particular age at the
        date of the alleged offence was under that particular age at the said
        date, it shall, until the contrary is proved, be presumed that the
        said young person or child was under the said age at the said date;

   (c)  if the charge alleges the contravention of any of the provisions of
        this Ordinance prohibiting or controlling the employment of women,
        young persons or children and the defendant in such prosecution is the
        proprietor of the industrial undertaking in or in respect of which the
        offence is alleged to have been committed, it shall, until the
        contrary is proved, be presumed that any woman, young person or child
        to whom the charge relates and who was employed in the
        industrial undertaking on the day on which the offence is alleged to
        have been committed was employed therein on that day by such
        proprietor. (Added 51 of 1961 s.5)



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