1987 Ed.]
Lifts and Escalators (Safety)
[CAP. 327
35. (1) Where, upon an examination and test under the provisions of section 12 or upon an examination under section 21 or 22 or upon a test under section 23 or 24 or upon an examination or test, or both, in accordance with an order under section 25, a registered lift engineer or a registered escalator engineer is of opinion that the lift or escalator or the machinery and equipment connected therewith or the safety equipment provided therefor, as the case may be, is not in safe working order and where, upon an examination and test under section 13, such engineer is of opinion that those parts of the lift or escalator affected by the lift works or escalator works are not in safe working order, the owner of the lift or escalator may, if he considers himself aggrieved by the decision of such engineer, apply in writing to the Director, and thereupon subsection (2) shall apply.
(2) Upon an application under subsection (1), the Director may examine the lift or escalator and the machinery and equipment connected therewith, and test the safety equipment provided therefor, as the case may be, or require the registered lift engineer or the registered escalator engineer, as the case may be, to carry out such examination or test, or both, in the presence of the Director or his representative, and--
(a) if the Director is satisfied that the lift or escalator and the machinery and equipment connected therewith and the safety equipment provided therefor is in safe working order, he shall notify in writing the owner of the lift or escalator, as the case may be, to that effect; or
(b) if-
(i) in the case of an application in respect of an examination and test under section 13, the Director is not satisfied that those parts of the lift or escalator affected by the lift works or escalator works are in safe working order; or
(ii) in the case of any other application, the Director is not satisfied that the lift or escalator and the machinery and equipment connected therewith or the safety equipment provided therefor, or both, as the case may be, is in safe working order,
this Ordinance shall apply as if such application had not been made. (Replaced, 43 of 1987, s. 35)
35
Right of owner of lift or escalator aggrieved by decision of engineer to apply to Director, and procedure thereon.
50€ 190908
(3) For the avoidance of doubt, it is hereby declared that-
(a) where, at the time an application is made to the Director under subsection (1), the Director has, in exercise of the powers vested in him by the provisions of section 27, by order prohibited the use and operation of the lift or escalator, the making of such application shall not stay the operation of such order;
(b) the making of an application to the Director under subsection (1) shall not prevent the Director from exercising the power vested in him by section 27 of prohibiting the use and operation of the lift or escalator; and