Page:Hazardous Chemicals Control Ordinance (Cap. 595).pdf/21

HAZARDOUS CHEMICALS CONTROL ORDINANCE :(b) the application has not been withdrawn by him or refused by the Director, the permit holder shall, as soon as practicable after the original permit becomes available to him, report this fact to the Director and shall take all reasonable steps to obtain possession of the permit and return it as soon as practicable to the Director.

40. Provision of false or inaccurate information, etc.

(1) A person commits an offence if he, in purported compliance with a requirement imposed under this Ordinance to produce any document or provide any information—
 * (a) produces any document or provides any information that he knows to be misleading, false or inaccurate in a material particular;
 * (b) recklessly produces any document or provides any information that is misleading, false or inaccurate in a material particular; or
 * (c) produces any document or provides any information that he has no reasonable ground to believe to be true or accurate.

(2) A person commits an offence if he, when required to produce any document or provide any information in respect of any matter to an authorized officer in the exercise of his powers under this Ordinance, withholds the document or information.

(3) A person who commits an offence under subsection (1) or (2) is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

(4) Notwithstanding anything in the Magistrates Ordinance (Cap. 227), proceedings in respect of an offence alleged to have been committed against this section may be brought within any of the following periods which expires earlier—
 * (a) 2 years after the alleged commission of the offence; or
 * (b) 6 months after the first discovery of the alleged commission of the offence by the Director.

41. Liability of employers

(1) Any act done or omission made by a person in the course of his employment (the “employee”) is treated for the purposes of this Ordinance as done or made by his employer, as well as by him.

(2) In any proceedings for an offence under this Ordinance brought against an employer in respect of an act or omission of his employee, the employer is liable to be convicted of and be punished for that offence unless he establishes the defence described in subsection (3).