Cap. 59 sub. leg. W

Factories and Industrial Undertakings (Electricity) Regulations(Cap. 59, section 7) [1 December 1982] L.N. 357 of 1982(Format changes—E.R. 1 of 2022) Part I Preliminary 1. Citation These regulations may be cited as the Factories and Industrial Undertakings (Electricity) Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—apparatus (儀器) includes all electrical apparatus and any apparatus, machines or fittings in which conductors are used; authorized person (獲授權人) means a person who is either— (a) the proprietor; or (b) an electrical contractor for the time being under contract with the proprietor; or (c) a person appointed in writing by a proprietor or an electrical contractor, as the case may be, for all or any of the purposes of regulation 16(2), 26 or 29(2); bare (明露) means not covered by insulating material;circuit (電路) means an arrangement of conductors forming an electrical system or branch of an electrical system for the purpose of carrying electricity; competent person (合資格的人) means a person who is— (a) by reason of his qualifications, technical knowledge, training or practical experience able to perform any assigned duty or work in a manner sufficient to avoid electrical hazard; and (b) appointed in writing by an authorized person for all or any of the purposes of regulation 16(2), 26 or 29(2); conductor (導體) means any wire, cable, bar or tube used for conducting electricity;covered (包封) in relation to insulating material, means sufficiently covered with insulating material so as to prevent electrical hazard;dead (不帶電) means at or about zero voltage and disconnected from any live electrical system;earthed (接地) means connected to the general mass of the earth in such manner as will ensure at all times an immediate discharge of electrical energy without causing electrical hazard;electrical contractor (電業承辦商) means any person or firm engaged in carrying out electrical work by way of trade or business, either on his own account or pursuant to a contract or arrangement entered into with another person, including the State or any public body; (54 of 2000 s. 3)electrical hazard (電力危險) means danger to health, life or property from electric fire or electric shock;extra-low voltage (特低壓) means any voltage not exceeding 50 volts alternating current or 120 volts direct current whether between conductors or to earth;high voltage (高壓) means any voltage normally exceeding low voltage;insulated and insulating (絕緣) in relation to any apparatus, device, protective equipment or fitting mean made of or covered with a non-conducting material of such design and construction so that it is normally impossible when the apparatus, device, protective equipment or fitting is in use for any person to make accidental or unintentional contact with any live metal or metal liable to become live; (E.R. 1 of 2022)live (帶電) means charged with electricity so that a voltage exists between a conductor and another conductor or a conductor and earth;low voltage (低壓) means any voltage normally exceeding extra low voltage but not exceeding 1 000 volts alternating current or 1 500 volts direct current between conductors or 600 volts alternating current or 900 volts direct current between conductors and earth;protective equipment (防護設備) includes any insulating stands, screens, portable or otherwise, mats and covers and insulating boots, gloves or other protective equipment provided and maintained under regulation 20 or 21(1), as the case may be;substation (變壓站) means any building, structure or enclosure, either above or below ground, containing transforming or converting apparatus in which electrical energy is transformed or converted to or from voltage exceeding low voltage otherwise than for the purpose of working instruments, relays or similar auxiliary apparatus, where such building, structure or enclosure has sufficient space to permit a person to enter;switchboard (開關盤) means a panel or structure on which is located any switching equipment or other apparatus used in or in connexion with the control of current or voltage in an electrical system;system (系統) means an electrical system in which all the conductors and apparatus used in or in connexion with the electrical system are connected to a common source of electrical energy; (E.R. 1 of 2022)voltage (電壓) means the difference of electrical potential between conductors or between a conductor and the earth. 3. Application (1) Subject to paragraphs (2) and (3), these regulations shall apply to all industrial undertakings in which electricity is generated, transformed, distributed or used.(2) These regulations shall not apply to an industrial undertaking where the generation, transformation and transmission of electricity or motive power of any kind is carried on—(a) for the purpose of supplying electricity in accordance with the Electricity Ordinance (Cap. 406); (16 of 1990 s. 62)(b) for the purpose of moving railway locomotives, trains, rolling stock and vessels which are used for the traffic of the railway under the authority of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372); (13 of 1995 s. 2)(c) for the purpose of moving cars or trucks upon a tramway under the authority of the Tramway Ordinance (Cap. 107);(d) for the purpose of drawing or propelling carriages, cars or trucks upon a tramway under the authority of the Peak Tramway Ordinance (Cap. 265); or(e) for the purpose of running locomotives, trains, carriages, trucks or any other conveyance upon a railway under the authority of the Mass Transit Railway Ordinance (Cap. 556). (13 of 2000 s. 65)(3) The following regulations shall not apply in respect of electrical apparatus in an industrial undertaking where the voltage of such apparatus does not exceed extra low voltage—(a) regulation 6, which relates to the insulation and protection of conductors;(b) regulation 7, which relates to the construction of switches, circuit breakers, fuse-switches and isolating links;(c) regulation 10, which relates to the isolation of voltage from parts of a system;(d) regulation 11, which relates to the use of single-pole switches with one conductor earthed;(e) regulation 12, which relates to the means of isolating voltage in special circumstances;(f) regulation 16, which relates to the enclosure of bare conductors on switchboards;(g) regulation 17, which relates to the location of switchboard apparatus;(h) regulation 18, which relates to the precautions to be taken against metal becoming live;(i) regulation 19, which relates to the precautions to be taken when persons are working on apparatus;(j) regulation 20, which relates to the provision, supply and use of fixed insulating stands and screens;(k) regulation 21, which relates to the provision, supply and use of portable insulating stands, screens, boots and gloves;(l) regulation 22, which relates to the provision of working space for and means of access to apparatus;(m) regulation 23, which relates to the lighting of apparatus;(n) regulation 26, which relates to the carrying out of work requiring technical knowledge or practical experience, by authorized or competent persons;(o) regulation 27, which relates to the display of a notice advising the standard treatment for persons receiving electric shock;(p) regulation 28, which relates to the construction of substations; and(q) regulation 29, which relates to the control of and the restrictions on entry to substations. 4. Modification of requirements by Commissioner (1) Where the Commissioner is satisfied that strict compliance with all or any of these regulations is, in any particular circumstances, not necessary for the prevention of electrical hazard, he may, by certificate in writing under his hand, modify any such requirements if he is satisfied that reasonable freedom from electrical hazard can otherwise be secured or that no increase in electrical hazard will result.(2) In granting such modification the Commissioner shall specify any special work or requirement he considers necessary to ensure reasonable freedom from electrical hazard.(3) The Commissioner may, by certificate in writing under his hand, rescind any modification if he is satisfied that the electrical hazard has thereby been unduly increased. Part II General Safety Requirements 5. Construction and usage of apparatus (1) All apparatus and conductors shall be sufficient in size and capacity for the work they are called upon to do and for the purposes for which the supply of electrical energy is to be used and shall be constructed, installed, protected and maintained so as to prevent electrical hazard.(2) All live parts of apparatus shall be protected against accidental personal contact either by the design and construction of the apparatus or by the manner of its installation. 6. Insulation and protection of conductors All live conductors, including those forming part of apparatus, shall be so insulated and further effectively protected where necessary, or so placed and safeguarded, so as to prevent electrical hazard so far as is reasonably practicable.(71 of 1989 s. 13) Part III Switches, Conductors and Electric Motors 7. Construction of switches, circuit breakers etc. Every switch, switch fuse, circuit breaker and isolating link shall be—(a) constructed, placed and protected so as to prevent electrical hazard;(b) constructed and adjusted accurately so as to make and maintain effectual contact;(c) provided with a handle or other suitable means of working, insulated from the system and arranged so that the person operating it is unlikely to make accidental contact with live metal;(d) constructed and installed in such manner so that when in an “off” position it cannot accidentally make contact with live metal;(e) constructed and installed in such manner so that it cannot with proper care be left in partial contact with live metal; and(f) constructed and installed in such manner as may be necessary to prevent electrical hazard from arcing and so that an arc cannot accidentally be maintained. 8. Protection of circuits by fuses and circuit breakers (1) Every circuit shall be protected against excess current and energy by means of a suitable fuse or circuit breaker of adequate breaking capacity suitably located and of such construction as to prevent electrical hazard from overheating, arcing, or the scattering of hot metal or other substance when it comes into operation.(2) Every fuse and circuit breaker shall be capable of breaking the maximum prospective excess current or energy at the point of installation and every switch intended to be used for breaking under load shall be capable of breaking the load at the point of installation without causing electrical hazard.(3) Every fuse shall be either constructed and installed in such manner or protected by a suitable switch so as to permit the ready renewal of the fuse element without electrical hazard. 9. Construction of joints and connexions Every electrical joint and connexion shall be of proper construction and design as regards conductivity, insulation, mechanical strength and protection. 10. Isolation of voltage from parts of a system Such efficient means, suitably located, shall be provided for cutting off and isolating all voltage from every part of a system as may be necessary to prevent electrical hazard. 11. Use of single-pole switches with one conductor earthed In a system where one of the conductors is connected to earth, no single-pole switch shall be placed in that conductor or any branch thereof, other than a link for testing purposes or a switch for use in controlling a generator. 12. Means of isolating voltage in special circumstances (1) Subject to paragraph (2), such efficient means, suitably located, shall be provided for cutting off and isolating all voltage from every motor, converter and transformer forming part of a system and all apparatus used in or in connexion therewith.(2) It shall not be necessary to comply with paragraph (1) in the case of a conductor in a system if that conductor is earthed. 13. Starting and stopping of electric motors (1) Every electric motor shall be controlled by an effective switch or switches for starting and stopping, and the switch or switches shall be so placed as to be readily accessible to and easily operated by the person in charge of the motor.(2) Where a machine is used and driven by an electric motor, such efficient means, suitably located, shall be provided for either stopping the machine or switching off the electric motor as may be necessary to prevent electrical hazard or other danger.(3) Every electric motor shall be equipped with such efficient means so that when stoppage occurs by reason of a fluctuation in voltage or failure in supply of electricity the motor will not restart automatically in circumstances whereby unexpected restarting is likely to cause electrical hazard or other danger. 14. Connexion and earthing of portable apparatus exceeding extra low voltage Portable apparatus operating at a voltage exceeding extra low voltage shall—(a) have all its flexible wires connected to the system either by effective permanent joints or by properly constructed connectors;(b) be protected against leakage to earth of current liable to cause electrical hazard;(c) be controlled by efficient means suitably located so as to permit ready operation for cutting off all voltage. Part IV Switchboards and Switchboard Apparatus 15. Construction of switchboards Every switchboard shall be constructed and installed so that so far as is reasonably practicable— (71 of 1989 s. 13)(a) adequate access can be obtained to any component part which may have to be adjusted or handled;(b) the location, course and continuity of every conductor may where necessary be readily identified and traced;(c) every conductor arranged for connexion to a separate system is located and kept apart and may where necessary be readily distinguished; and(d) every bare conductor is protected against accidental short circuit liable to cause electrical hazard. 16. Enclosure of bare conductors on switchboards (1) Subject to paragraph (2) every switchboard having a bare conductor liable to become live and normally exposed so that it is possible for a person to make accidental contact with live metal shall be adequately enclosed or fenced so as to prevent electrical hazard.(2) Paragraph (1) shall not apply in the case of a switchboard having a bare conductor installed to serve any particular purpose of the industrial undertaking and so situated as to be accessible only to an authorized person or a competent person acting under the immediate supervision of an authorized person.(3) No person except an authorized person or a competent person acting under the immediate supervision of an authorized person shall enter an area enclosed or fenced under paragraph (1).(4) A notice in red characters and letters each not less than 50 mm high on a white background reading “危險——帶電電綫。未經授權，不得內進 DANGER LIVE WIRES—UNAUTHORIZED ENTRY PROHIBITED” shall be placed and displayed in a visible position at every area enclosed or fenced under paragraph (1). 17. Location of switchboard apparatus All apparatus and equipment used in or in connexion with a switchboard and requiring handling shall be located and installed so that so far as is reasonably practicable— (71 of 1989 s. 13)(a) such apparatus and equipment can be readily operated from floor level or from a working platform provided for that purpose;(b) all measuring instruments and indicators used in or in connexion therewith can be readily observed from floor level or from the working platform;(c) any such apparatus, equipment, measuring instrument or indicator that cannot be readily operated or observed from floor level or from a working platform, can be otherwise operated or observed without electrical hazard. 18. Precautions to be taken against metal becoming live Where necessary to prevent electrical hazard adequate precautions shall be taken either by earthing or other suitable means to prevent any metalwork, other than the current-carrying conductors, enclosing or supporting any such conductors, from becoming live. 19. Precautions to be taken when persons are working on apparatus (1) When work has to be carried out on any conductor, apparatus or switchboard adequate precautions shall be taken, including the prevention of any conductor or apparatus becoming accidentally live, so as to ensure that the work may be carried without undue risk from electrical hazard.(2) A notice in red characters and letters each not less than 50 mm high on a white background reading “危險——在修理中 DANGER UNDER REPAIR” shall be placed and displayed in a visible position at, on or near any conductor apparatus or switchboard being worked on under paragraph (1). Part V Protective Equipment, Lighting and Special Risks 20. Provision of protective stands or screens Where necessary as a protection against electrical hazard, adequate insulating stands and screens or other protective equipment shall be provided and maintained in good condition and kept permanently in position. 21. Provision and use of protective stands, screens, boots and gloves (1) Portable insulating stands, screens, mats and covers and insulating boots, gloves or other protective equipment shall be provided and maintained in good condition for use where necessary as a protection against electrical hazard.(2) Every person working on apparatus shall make proper use of any equipment provided under paragraph (1). 22. Provision of access to and working space for apparatus All apparatus which, in normal use, requires operation or attention by any person shall be installed so that adequate access and working space are afforded for its operation and attention, without electrical hazard. 23. Lighting of apparatus Where necessary as a precaution against electrical hazard, adequate lighting shall be provided in all parts of the premises where apparatus which, in normal use, requires operation or attention by any person is installed. 24. Precautions for special conditions All apparatus and conductors—(a) exposed to weather, water, corrosive atmospheres or other adverse conditions;(b) exposed to flammable surroundings or explosive atmosphere; or(c) used in any process or for any special purpose other than for lighting or power,shall be so constructed, installed and protected as may in the circumstances of such exposure or use be necessary to prevent electrical hazard or other danger. 25. Precaution for apparatus utilizing high voltage Where necessary as a precaution against electrical hazard all apparatus operating at high voltage, shall have placed and displayed in a visible position at, on or near such apparatus a notice in red characters and letters each not less than 50 mm high on a white background reading “危險——高壓電力 DANGER HIGH VOLTAGE”. 26. Qualifications and supervision of persons carrying out work (1) Subject to paragraph (2) no person except an authorized person shall carry out or assist in the carrying out of any work on any apparatus where technical or practical knowledge or experience is required in order to avoid electrical hazard.(2) Notwithstanding paragraph (1) a competent person under the immediate supervision of an authorized person may carry out or assist in such work if—(a) in the case where the electrical hazard to be avoided is under the control of an electrical contractor, he is appointed by the electrical contractor; and(b) in the case where the electrical hazard to be avoided is under the control of the proprietor, he is appointed by the proprietor. 27. Display of notice on treatment for electric shock Such notice, in the Chinese and English languages, as the Commissioner may from time to time issue or approve as to the treatment of persons receiving electric shock shall be displayed in all parts of the premises where electricity is generated, transformed, or used and at such other places in those premises as the Commissioner may direct. Part VI Substations 28. Construction of substations (1) Every substation shall be of proper construction and design and all apparatus therein shall be so located, protected or screened as to be inaccessible to all unauthorized persons and secure against interference from outside the substation.(2) Every substation shall be maintained in a dry condition and provided with such efficient means of ventilation as may be necessary to prevent electrical hazard. 29. Control of and on entry to substations (1) Every substation shall be under the charge and control of an authorized person and any part thereof where electrical hazard is liable to arise shall be restricted as regards entry so as to be accessible only to an authorized person or to a competent person acting under the immediate supervision of an authorized person.(2) No person except an authorized person or a competent person acting under the immediate supervision of an authorized person shall enter any part of a substation restricted as regards entry under paragraph (1).(3) A notice in red characters and letters each not less than 50 mm high on a white background “危險——變壓站；未經授權，不得內進 DANGER SUBSTATION—UNAUTHORIZED ENTRY PROHIBITED” shall be placed and displayed in a visible position at the entrance to every part of a substation restricted as regards entry under paragraph (1). 30. Safe access to underground substations (1) Subject to paragraph (2), every underground substation not otherwise easily or readily accessible shall be provided with adequate means of access by a door or trap door with a staircase or ladder securely fixed and so placed so that no person can make accidental contact with any live part of any switchboard or any bare conductor therein.(2) Where an underground substation—(a) has persons employed therein otherwise than for inspection or cleaning; or(b) is not of ample dimensions and contains machinery driven by electric motors or apparatus utilizing high voltage,then access shall be provided by means of a doorway and a staircase. Part VII Duties, Offences and Penalties 31. Duties of and offences relating to proprietors and electrical contractors (1) It shall be the duty of the proprietor of every industrial undertaking to which these regulations apply to ensure that the provisions of regulations 5, 6, 7, 8, 9, 10, 11, 12(1), 13, 14, 15, 16(1) and (4), 17, 18, 19, 20, 21(1), 22, 23, 24, 25, 26, 27, 28, 29(1) and (3) and 30(1) are complied with.(2) If regulation 5, 6, 8, 9, 10, 14, 18, 19(1), 20, 21(1), 24 or 28(1) is contravened, the proprietor of the industrial undertaking in respect of which the contravention occurs commits an offence and is liable on conviction to a fine of $400,000. (5 of 2023 s. 50)(2A) If regulation 7, 11, 12(1), 13, 15, 16(1), 17, 19(2), 22, 23, 25, 26, 28(2), 29(1) or 30(1) is contravened, the proprietor of the industrial undertaking in respect of which the contravention occurs commits an offence and is liable on conviction to a fine at level 6. (5 of 2023 s. 50)(2B) If regulation 16(4), 27 or 29(3) is contravened, the proprietor of the industrial undertaking in respect of which the contravention occurs commits an offence and is liable on conviction to a fine at level 4. (5 of 2023 s. 50)(3) Any proprietor or electrical contractor who orders, directs, authorizes, permits or suffers any person to contravene regulation 16(3) or 29(2) commits an offence and is liable on conviction to a fine at level 6.(4) The proprietor of an industrial undertaking who without reasonable excuse contravenes paragraph (1) in relation to regulation 26 commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months. (71 of 1989 s. 13)(L.N. 47 of 1994; E.R. 1 of 2022; 5 of 2023 s. 50) 32. Offences relating to misuse of apparatus etc. (1) A person commits an offence if the person—(a) wilfully misuses or interferes with an apparatus or protective equipment in a manner that might cause electrical hazard to the person or others; or(b) wilfully and without reasonable cause does any other thing that might cause electrical hazard to the person or others.(2) A person who commits an offence under paragraph (1)(a) is liable on conviction to a fine of $150,000.(3) A person who commits an offence under paragraph (1)(b) is liable on conviction to a fine at level 5.(4) A person who contravenes regulation 16(3), 26 or 29(2) commits an offence and is liable on conviction to a fine at level 5.(5) A person who contravenes regulation 21(2) commits an offence and is liable on conviction to a fine of $150,000.(5 of 2023 s. 51) 33. Saving The provisions of these regulations shall be in addition to and not in derogation of the provisions of—(a) regulation 6(1)(a), (b), (c) and (d) of the Factories and Industrial Undertakings (Cargo and Container Handling) Regulations (Cap. 59 sub. leg. K); (26 of 2012 s. 57)(b) regulation 47(1) of the Construction Sites (Safety) Regulations (Cap. 59 sub. leg. I);(c) the Electricity Ordinance (Cap. 406). (16 of 1990 s. 62)