LC Paper No. LS229/98-99
Paper for the House Committee Meeting
of the Legislative Council
on 2 July 1999
Legal Service Division Report on
a Motion under Section 7 of the Factories and
Industrial Undertakings Ordinance (Cap. 59)
The Secretary for Education and Manpower has given notice to move a motion at the meeting of the Legislative Council on 14 July 1999 under section 7 of the Factories and Industrial Undertakings Ordinance (Cap. 59).
2. The motion seeks the approval of Legislative Council of the Factories and Industrial Undertakings (Medical Examinations) Regulation (the new Regulation) and 4 other pieces of subsidiary legislation, namely -
- Factories and Industrial Undertakings (Amendment) Regulation 1999;
- Factories and Industrial Undertakings (Work in Compressed Air) (Amendment) Regulation 1999;
- Factories and Industrial Undertakings (Carcinogenic Substances) (Amendment) Regulation 1999; and
- Factories and Industrial Undertakings (Asbestos) (Amendment) Regulation 1999.
All the regulations were made by the Commissioner for Labour on 22 June 1999 under section 7 of the Factories and Industrial Undertakings Ordinance (Cap. 59) (the Ordinance) but as required under subsection (3) of that section, these regulations have to be approved by the Legislative Council.
3. The new Regulation will require medical examinations for workers exposed to hazardous substances and other dangers at work. Its main provisions include -
- the proprietor in a designated trade not to employ any person who has not been medically examined and certified fit to work in the trade;
- the proprietor in a designated trade to appoint a medical practitioner with the proper training to undertake the medical examination;
- the worker to submit himself for examination periodically;
- the proprietor to act in accordance with the recommendation made upon the medical examination; and
- a right of appeal by the worker against the recommendation.
The new Regulation will commence on a day to be appointed by the Secretary for Education and Manpower. Commencement of the other amending regulations will tie in with that of the new Regulation.
4. Existing subsidiary legislation under the ordinance already provides for statutory medical examination for workers working in mines, quarries and tunnels or exposed to compressed air, asbestos and certain carcinogenic substances. The new Regulation will now replace these existing provisions and then extend the requirements for such examinations to trades involving other hazardous substances and physical agents. The amending regulations listed in paragraph 2(a) to (d) will repeal the existing provisions and make other consequential amendments to the relevant subsidiary legislation.
5. Members may refer to the draft speech by the Secretary for Education and Manpower for the number of workers who will be affected, the proposed phases of implementation and the consultation that has been carried out. It is noted that no LegCo Panel has been consulted.
6. The new Regulation concerns work safety as well as additional obligations on workers affecting their employability. It is still being looked at from the drafting point of view. If detailed scrutiny is called for, Members will also have to consider the timing and whether to suggest a postponement of the motion.
CHEUNG Ping-kam, Arthur
Assistant Legal Adviser
Legislative Council Secretariat
28 June 1999