No. 5.

Proceedings
against persons
other than
occupiers
or owners.




Owner of
machine liable
in certain
cases instead of
occupied.



Prosecution
of offences
and recovery
and application
of fines.

























Special
provisions as
to evidence.


Factories.


 'A3. Where, under this Ordinance, any person is substituted
for the occupier or owner with respect to any provisions of this
Ordinance, any order, summons, notice, or proceeding, which for
the purpose of any o01 those provisions is by or under this
Ordinance required or authorised to be served on or taken in
relation to the occupier or-owner, is hereby required or authorised
(as the ca:re may be) to be served on jr taken in relation to that
person.

 34. Where in a factory the owner or hirer of a machine or
implement moved by mechanical power is some person other than
the occupier of the factory, the owner or hirer shall, so far as
respects any offence under this Ordinance committed in relation
to a person who is employed in or about or in connection with
that machine or implement, and is in the employment or pay of
the owner or hirer, be deemed to be the occupier of the factory.

 35. (1) In any proceedings under this Ordinance it shall be
sufTPcient in the information to allege that the factory is a factory
within the meaning of this Ordinance and to state the name of
the ostensible occupier of the factory, or, where the occupier is a
firm, the title of the firm.
 (2) Where, with respect to or in consequence of any accidents
in a factory, a report is made by any authority appointed to hold
a formal investigation under any law, or a coroner's inquest 4s
held, and it appears from thel report, or from the proceedings at
Ihe inquest, that any of the provisions of this Ordinance, or any
orders or regulations made thereunder, were not complied with at
or before the time of the accident, summary proceedings against
any person liable to be proceeded against in respect of such non
compliance may be commenced at any time within three months
afo r the making of the report or the conclusion of the inquest.
 (3) Where an offence is committed under this Ordinance by
reason of a failure to make an examination enter a report, or do
any other thing, at or within a time specified by this Ordinance
or any regulation or order made thereunder, the offence shall be
deemed to continue until the examination is made, or the report
entered. or the other thing done, as the case mAay be.
 (4) Where a prco ,';ding is taken before a court with respect
to an offence under this Ordinance alleged to be committed in or
with reference i: : factory, no person shall be qualified to act as
a member of the court who is the occupier or owner of the factory,
or the husband, wife, parent, son, daughter, brother, or sister of
the occupier or owner of the factory, or a person engaged in, or an
officer of any association of persons engaged in, the same trade or
occupation as any person charged with the offence.

 36. (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


1955.