178

Ch. 30. No. 2.] Factories,

Special
provisions as
to evidence.

Service and
sending of
documents,
ete.

81. (1) If a person is found in a factory at any time at
which work is going on or the machinery is in motion,
except during the intervals for meals or rest, he shall,
until the contrary is proved, be deemed for the purposes
of this Ordinance to have been then employed in the
factory: Provided that this subsection shall not apply
to a factory in which the only persons employed are members
of the same family dwelling there.

(2) Where in any proceedings under this Ordinance
with respect to a young person it appears to the court that
that young person is apparently of or below the age alleged
by the informant, it shall lie on the defendant to prove that
the young person is not of or below that age.

(3) Where any entry is_ required by this Ordinance
or by any regulations or orders made thereunder to be
made in the general register or m any other register or
record, the entry made by the occupier of a factory or
on his behalf shall, as against him, be admissible as evidence
of the facts therein stated, and the fact that any entrv so
required with respect to the observance of any provision
of this Ordinance or of any regulations or orders made
thereunder has not been made, shall be admissible as
evidence that that provision has not been observed.

82. (1) Any document (including any summons or order)
required or authorised to be served under this Ordinance
may be served

(a) on any person by delivering it to him, or by
leaving it at, or sending it by registered post to, his
residence

(6) on any firm by delivering it to any partner
of the firm, or leaving it at, or sending it by registered
post to, the office of the firm,

(c) on the owner or occupier of a factory (including
any such owner or occupier being a company to which
the Companies Ordinance applies), in any such manner
as aforesaid, or by delivering it, or a true copy thereof,
to any person in a position of responsibility at the
factory

(2) Any such document may be addressed for the
purpose of the service thereof on the occupier of a factory,