1960-HKRS29-8-27_Part05 — Page 9

Forms 20 and 21.

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he shall, save as provided in subsection (3), deliver to the owner of the lift or escalator a certificate in the appropriate prescribed form speci- fying, in accordance with the provisions of subsection (2), the date on which the lift or escalator and all machinery and equipment connected therewith was last examined, and the date on which the safety equip- ment provided therefor was last tested, by a registered lift engineer or a registered escalator engineer, as the case may be.

(2) The date specified by the Director in any certificate delivered by him pursuant to the provisions of subsection (1) as the date of such examination or test shall be-

(a) the date certified by a registered lift engineer or a registered escalator engineer in any certificate which was issued by such engineer pursuant to, or for the purposes of, any of the pro- visions of this Ordinance specified in paragraph (a) of sub- section (1) and which is in the possession of the Director at the time he issues bis certificate to be the date on which the lift or escalator and all such machinery and equipment was examined or the safety equipment provided therefor was tested; or

(6) where such last examination or test was an examination or test in respect of which the Director is deemed by virtue of the provisions of paragraph (c) of subsection (2) of section 36 to have received a certificate from a registered lift engineer or a registered escalator engineer certifying that the lift or escalator and all machinery and equipment connected there- with or the safety equipment provided therefor is in safe work- ing order, the date notified to him by the registered lift engineer or the registered escalator engineer in respect of whose decision the application under the provisions of subsection (1) of see- tion 36 was made to be the date on which such examination or test was carried out,

(3) Where under the provisions of paragraph (6) of subsection (3) of section 12 the Director refuses to permit a new lift or escalator to be used or operated, he shall deliver the certificate prescribed in sub- section (1) to the owner of the lift or escalator when, under the provi- sions of subsection (2) of section 14 or pursuant to the direction of an appeal board given under the provisions of subsection (1) or (2) of section 17, he permits the lift or escalator to be used and operated.

(4) Where, upon an application under the provisions of subsec tion (1) of section 36 in respect of an examination and test under the provisions of section 12, the Director permits a lift or escalator to be used and operated, he shall at the same time deliver to the owner of the lift or escalator the certificate prescribed in subsection (1).

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(5) The owner of the lift or escalator shall post, or cause to be posted, in a conspicuous position in the lift or on the escalator any certificate delivered to him under the provisions of this section, and shall keep the same so posted until another such certificate is delivered to him.

41. Wherever in this Ordinance provision is made for service upon Service of any person of any order, it shall be sufficient service if a copy of such orders, order is-

(a) delivered to the person upon whom it is to be served; or

(6) posted upon a conspicuous part of the building in which the lift or escalator in respect of which such order is made is situated.

42. (1) Every certificate issued under the provisions of subsection Centißcater to (2) of section 12, subsection (2) of section 13 or under the provisions of be counter-

signed. section 26 or 27 by a registered lift engineer or a registered escalator engineer, except such a certificate issued by a registered lift engineer or a registered escalator engineer who is not, at the date of the issue of the certificate, employed by a registered lift contractor or a registered escalator contractor, shall be countersigned by a registered lift contractor or a registered escalator contractor, as the case may be.

(2) A registered lift contractor or registered escalator contractor who countersigns any such certificate shall not, solely by reason thereof, incur any liability whatsoever in respect of the truth or accuracy of any matter or thing contained therein.

43. The fees or charges in respect of any matter or thing done Fees or pursuant to the provisions of this Ordinance by a registered lift engincer, charges. registered escalator engineer, registered lift contractor or registered escalator contractor shall be such as may be agreed between the owner of the lift or escalator, as the case may be, and such engineer, or any person by whom he is employed, or such contractor.

44. (1) No liability shall rest upon the Government or upon any Limation public officer solely by season of the fact that any lift or escalator and

of public liability. the machinery and equipment connected therewith is subject to examina- tion or to cleaning, oiling and adjusting under the provisions of this Ordinance, or solely by reason of the fact that the safety equipment provided for any lift or escalator is subject to testing under the provi- sions of this Ordinance, or solely by reason of the carrying out of any such examination or test or the cleaning, oiling or adjusting of any lift or escalator in accordance with the provisions of this Ordinance or the carrying out of any other work pursuant to the provisions of this Ordinance, or solely by reason of the carrying out by the Director of an examination of a lift or escalator and all or any machinery and