Hong Kong Ordinances

FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE - SECT 17

Prosecution of offences

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) Prosecutions for offences against this Ordinance may be brought in the
name of the Commissioner, and may be commenced and conducted by any officer of
the Labour Department. (Amended 39 of 1997 s. 48)

(2) Save as is provided in subsection (1), no prosecution for an offence
against this Ordinance shall be commenced without the written consent of the
Commissioner. (Amended 39 of 1997 s. 48)

(3) Nothing in this section shall be deemed to derogate from the powers of the
Secretary for Justice in relation to the prosecution of criminal offences.
(Amended L.N. 362 of 1997)

(4) A person who has been convicted or acquitted of having committed an
offence under a provision of the Occupational Safety and  Health Ordinance (
Cap 509) in relation to an act or omission is not liable to be proceeded
against for an offence under a corresponding provision of this Ordinance
relating to the same act or omission. (Added 39 of 1997 s. 48)

(5) Notwithstanding section 26 of the Magistrates Ordinance ( Cap  227),
prosecution under this Ordinance for any of the offences specified in the
Fifth Schedule shall be commenced within 6 months from the offence being
discovered by or coming to the notice of the Commissioner. (Added 11 of 2000
s. 2)