Disciplinary Proceedings.
Powers of disciplinary board.
10. (1) If it appears to the Director that a registered contractor has been convicted by any court of such an offence, or has been guilty of such improper conduct or negligence in the installation, maintenance, repair or inspection of any fire service installation or equipment, as 10-
(a) render him unfit to be on the register: or
(b) make his continued inclusion in the register prejudicial
to the due administration of the Ordinance,
the Director may refer the matter to the disciplinary board.
(2) IL after due inquiry, the disciplinary board is satisfied that a registered contractor has been convicted of an offence or has been guilty of improper conduct or negligence, of the kind mentioned in paragraph (1), the disciplinary board may order-
(a) that the name of the registered contractor be removed, either permanently or for such period as it thinks appropriate, from the register;
(b) that the registered contractor be reprimanded; or
(c) that the class of the registered contractor be varied in
such manner as it thinks fit.
(3) Subject to paragraph (4), the Director shall comply with any order made under paragraph (2) and shall record the order in the register.
(4) The Director shall not take any action in compliance with an order made under paragraph (2)—
(a) if an appeal is lodged under regulation 12(1), until the
appeal is disposed of; or
(b) until the time within which an appeal may be lodged
under regulation 12(2) has expired.
11.
(1) For the purposes of an inquiry the disciplinary board shall have the following powers-
(a) to hear and examine witnesses on oalh;
(b) to summon any person to attend any hearing of the disciplinary board to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession subject to all just exceptions;
(e) to order the inspection of premises in which any fire service installation or equipment has been installed, maintained, repaired or inspected; or
3
(d) to enter upon and view such premises.
(2) A witness summons shall be in such form as the chair- man of the disciplinary board shall direct and shall be signed by the chairman,
(3) Any person who being summoned to attend as a witness or to produce any document or any other thing at a hearing of the disciplinary board refuses or neglects to do so or to answer any questions put to him by or with the concurrence of the discipliusry board shall be guilty of an offence and shall be liable on conviction to a fine of five hundred dollars and to imprison- ment for three months:
Provided that ne person shall be bound to incriminate himself and every witness shall in respect of any evidence given by him before the disciplinary board be entitled to the same privileges to which he would be entitled if giving evidence in civil proceedings before the Supreme Court.
(4) Any person who bebaves in an insulting manner or uses any threatening or insulting expression to or in the presence of the disciplinary board shall be guilty of an offence and shall be liable on conviction to a fine of five hundred dollars and to imprisonment for three months.
12. (1) A registered contractor who is aggrieved by an order made in respect of him by a disciplinary board under regulation 10(2) may appeal to the Supreme Court which may confirm, reverse or vary the order of the disciplinary board, and may exercise any power which the board might have exercised.
(2) Notice of an appeal under paragraph (1) shall be given by the registered contractor within thirty days from the date on which the order of the disciplinary board is served upon him.
(3) Save as otherwise provided in these regulations, the practice in relation to an appeal under this regulation shall be subject to any rules of court made under the Supreme Court Ordinance.
(4) The decision of the Supreme Court on the appeal shall be final.
13.
Any person who contravenes regulation 7 shall be guilty of an offence.
14. A registered contractor who undertakes any work in connexion with fire service installations or equipment, except work of the class in respect of which bis name is entered in the register, shall be guilty of an offence.
Appeal from disciplinary board.
Contravention
of regulation 7 40 offence,
Registered contractor undertaking work outside his class.