(No. 2) Bill 1999

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Following is a speech by the Secretary for Education and Manpower, Mr Joseph W P Wong, in moving the second reading of the Factories and Industrial Undertakings (Amendment) (No. 2) Bill 1999 in the Legislative Council today (Wednesday):

President,

I move that the Factories and Industrial Undertakings (Amendment) (No.2) Bill 1999 be read the second time.

The Bill seeks to enable the Commissioner for Labour (CL) to be more effective in taking out prosecution against proprietors or contractors for failing to comply with the requirement of notifying CL before the commencement of certain industrial process, operation or work.

Proprietors or contractors are required to notify CL the commencement of certain industrial process, operation or work under the Factories and Industrial Undertakings Ordinance (FIUO) and its three subsidiary regulations, viz. the Construction Sites (Safety) Regulations, the Factories and Industrial Undertakings (Work in Compressed Air) Regulations and the Factories and Industrial Undertakings (Asbestos) Regulation. This requirement aims to enable the Labour Department (LD) to have early information on the commencement of such industrial process, operation or work by industrial undertakings so that timely inspections can be made, and where appropriate, advisory or enforcement action be taken to improve work safety and prevent industrial accidents.

As time limit is not stipulated for the initiation of prosecution for any of the offences under the FIUO and its subsidiary legislation, by virtue of Section 26 of the Magistrates Ordinance, prosecution should be initiated within six months from the date of the commission of the offence. In other words, the time bar of six months for prosecution in respect of non-compliance will be counted from the date of commencement of the industrial process, operation or work.

In 1998, the Director of Audit conducted a review of LD's efficiency and effectiveness in reducing industrial accidents, and recommended that LD should take positive action to ensure compliance with the notification requirement.

Actions have already been taken to strengthen the publicity of the notification requirement. Meanwhile, in order to solve the problem encountered in prosecution (CL may not be aware of the offence within six months from the date of failure to give notification), we propose to amend the FIUO to enable CL to initiate prosecution within six months from the offence being discovered by or coming to his notice. The proposed amendments will come into immediate effect upon passage by this Council.

I would like to point out that the proposed amendments are intended to give the Administration sufficient time in taking out prosecution. The amendments will not change the penalty or coverage of the existing legislation, nor bring about additional operating cost for proprietors and contractors in the relevant industries.

We have consulted and obtained support from the Labour Advisory Board and its Committee on Occupational Safety and Health last year on the proposal of the Bill. In addition, the LegCo Panel on Manpower was consulted on November 25 last year and also gave its support to the proposal.

Thank you, President.

End/Wednesday, January 12, 2000

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