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of any building works or street works, lift works or escalator works, respectively, been guilty of such negligence or misconduct, as—
(a) renders such contractor unfit to be on the con- tractors" register or the register of lift contractors or the register of escalator contractors, as the case may be: or
(b) makes the further inclusion in the contractors" register or the register of lift contractors or the register of escalator contractors of the contractor prejudicial to the due administration of this Ordinance; or
(c) renders the contractor deserving of censure. the Building Authority may bring the matter to the notice of a disciplinary board appointed under section 8.
(2) Where, after due inquiry, the disciplinary boarıl is satisfied that the contractor has been convicted of such an offence or has been guilty of such negligence or mis- conduct, such board may-
(a) order that the name of the contractor be removed
from the contractors' register or the register of lift contractors or the register of escalator con- tractors, as the case may be, either permanently or for such period as the board thinks fit; or (b) order that the contractor be fined a sum not exceeding two thousand dollars, which sum shall be recoverable under section 23 as though it were the cost of works carried out by the Building Authority; or
(c) order that the contractor be reprimanded; and (d) order that its findings and order be published in
the Gazette.
(3) (a) Any registered contractor, registered lift con- tractor or registered escalator contractor aggrieved by any order made in respect of him under this section may appeal to a judge of the Supreme Court and upon any such appeal the judge may confirm, reverse or vary the order of the dis- ciplinary board:
Provided that the judge may, notwithstanding that he is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if he considers that no sub- stantial miscarriage of justice has actually occurred.
[Cap. 4)
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(b) The practice in relation to any such appeal shall be subject to any rules of court made under the Supreme Court Ordinance.
(c) The decision of the judge shall be final.”.
4. Section 9 of the principal Ordinance is repealed and replaced Repeal and by the following-
"Approval and consent required far
commence- ment of braiding works, etc.
Approval
and consent
given unless
refusal
potified.
9. (1) Save as otherwise provided, no person shall commence or carry out any building works or street works without having first obtained from the Building Authority-
(a) bis approval in the prescribed form of documents submitted to him in accordance with the regula- tions; and
(6) his consent in the prescribed form for the com- mencement of the building works or street works shown in the approved plan.
(2) Neither the approval of any plans nor the consent
to the commencement of any building works or street works shall be deemed-
(a) to confer any title to land;
(b) to act as a waiver of any term in any lease or
ficence: or
(c) to grant any exemption from or to permit any contravention of any of the provisions of this Ordinance or of any other enactment.
9A. (1) Where an application is made in the pre- deemed to be scribed form for the Building Authority to approve plans or to consent to the commencement of building works or street works, he shall be deemed to have given his approval or consent, as the case may be, unless within the period prescribed by the regulations be has notified his refusal to give his approval or consent, as the case may be, in writing setting out the grounds for such refusal, and where one of such grounds is that further particulars and plans are re- quired, he shall specify such plans and particulars.
(2) The grounds set out for any refusal to approve plans shall not be treated as being exhaustive, and no such refusal shall be construed as implying any approval of any part of such plans.
replacement of section 9.