Power of Director to Exempl lifts Troch certain
26
equipment connected therewith or a test of the safely equipment pro- vided for a lift or escalator, or both, upon an application under the provisions of subsection (1) of section 36, or solely by reason of any other matter or thing done or any certificate or report given or made under the provisions of this Ordinance.
(2) No matter or thing done by the Director or by any officer of the Public Works Department to whom the Director has, pursuant to the provisions of section 37, delegated any of his powers or functions or by any public officer acting under the direction of the Director shall, if it was done bona fide for the purpose of executing the provisions of this Ordinance, subject them personally to any action, liability, claim or demand whatsoever.
45. (1) Where the Director is satisfied that it is consistent with the interests of safety, be may, upon application in writing in that behalf, exempt any lift to which this section applies from all or any of provisions of the provisions of section 12, 13, 19, 21, 22, 23 or 24, and, in granting any such exemption, the Director may impose such conditions as to the maintenance or examination of the lift or the testing of any safety equipment provided therefor as he considers necessary.
Ordinance.
Amendment
(2) This section shall apply to any lift other than a lift which is used for carrying any person and which is driven by mechanical power.
46. The Governor may by order amend, add to or vary any form of Schedule. contained in the Schedule or add any form thereto or delete any form
therefrom.
Special provisions as to application of Ordinance
where lesso of building responsible far lift or cscalator.
Saving of Agreement between
or escalator
47, (1) Where, under any agreement, the lessee or sub-lessec of any building is responsible for any lift or escalator which forms part of the building or has become annexed by operation of law to the building. this Ordinance shall, subject to the provisions of subsection (2), apply, during the continuance in force of such agreement, as if any reference to the owner of a lift or escalator were a reference to such lessee or sub-lessee.
(2) This section shall not apply until the owner of such lift or escalator has notified the Director of the name of the person who is, under such agreement, responsible for the lift or escalator.
48. (1) Any term agreed between a registered lift engineer or a registered escalator engineer or any person by whom a registered lift owner of lift engineer or a registered escalator engineer is employed, or both, and the owner of a lift or escalator, as the case may be, limiting the liability of. or exempting from any liability, the registered lift engineer or the registered escalator engineer or any person by whom he is employed or the servants or agents of the registered lift engineer or the registered escalator engineer or of the person by whom he is employed, or all of them, in respect of any examination or test of the lift or escalator or
and registered lift engineer,
etc., as to liability.
27
any test of the safety equipment provided therefor made, or any certificate or report given or made, under the provisions of this Ordin- ance, shall not be affected by any of the provisions of this Ordinance.
(2) Any term agreed between a registered lift contractor or a registered escalator contractor and the owner of a lift or escalator, as the case may be, limiting the liability of, or exempting from any liability, the registered lift contractor or the registered escalator con- tractor, or bis servants or agents, or all of them, in respect of any certificate or report given or made under the provisions of this Ordin- ance or in respect of any lift works or escalator works carried out in respect of the lift or escalator pursuant to the provisions of this Ordin- ance, shall not be affected by any of the provisions of this Ordinance.
49. The provisions of this Ordinance shall be in addition to, and Saving of not in derogation of any of, the provisions of the Prevention of Corrup tion Ordinance, the Mining Ordinance, 1954, the Factories and Industrial Undertakings Ordinance, 1955 and the Buildings Ordinance. 1955.
certain Ordinances. (Cap. 215). 03 of 1954). (34 of 1955),
(68 of 1955).
to be in
50. It is hereby declared that, for the purposes of the proviso Provisions of to subsection (1) of section 35 of the Buildings Ordinance, 1955, the Ordinance provisions of this Ordinance shall be in substitution for the provisions substitution of subsections (4) and (S) of section 34 of the Buildings Ordinance for certain repealed by the said section 35.
provisions of Buildings Ordinance. (Cap. 123)
51. (1) The provisions of subsection (1) of section 20 shall not Transitional apply to any lift works which are in the course of being carried out provisions. at the commencement of this Ordinance.
(2) The provisions of subsection (2) of section 20 shall not apply to any escalator works which are in the course of being carried out at the commencement of this Ordinance.
SCHEDULE.
GOVERNMENT OF HONG KONG. FORM 1.
(ss. 2 and 45.)
LIFTS AND ESCALATORS (SAFETY) ORDINANCE, 1960. Section 6(1).
Application for inclusion in register of lift engineers.
To the Director of Public Works.
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I hereby make application to be included in the register of lift engineers, Fuli names