1962-HKRS29-8-29_Part02 — Page 36

Authenticated Laws 確真本香港法例 All

Inquiries

intò explo

sions in

boilers and

pressure

receivers.

10

(4) The Registrar shall remove from the register of boiler inspec- tors and air receiver inspectors or the register of pressure vessel inspec- tors, as the case may be, the name of any person whose appointment to be a boiler inspector or an air receiver inspector or a pressure vesscl inspector has been revoked and shall, during the continuance in force of a suspension of the appointment of a person to be a boiler inspector or an air receiver inspector or a pressure vessel inspector, keep in the register of boiler inspectors and air receiver inspectors or the register of pressure vessel inspectors, as the case may be, such entry as he con- siders sufficient to indicate the suspension.

(5) The Registrar shall remove from the register of competent persons the name of any person whose certificate of competency has been revoked or is, under paragraph (b) of subsection (4) of section 6. decmed to have been revoked.

8. (1) Whenever an explosion has occurred in a boiler or pres- sure receiver-

(a) the Principal Surveyor may make a preliminary inquiry with

respect to the explosion; and

(b) whether or not the Principal Surveyor makes a preliminary inquiry, the Registrar may appoint a Board of Inquiry whose function it shall be to inquire into and determine, so far as may be possible, the cause of the explosion.

(2) (4) Every Board of Inquiry shall consist of-

O a magistrate nominated by the Chief Justice or a legal officer nominated by the Attorney General:

(i) the Principal Surveyor or a boiler inspector; and (1) one other person who has such qualifications as the Registrar considers suitable and who is not a public officer or a boiler inspector.

(6) The magistrate or legal officer, as the case may be, shall be

the chairman of a Board of Inquiry.

(3) For the purposes of a preliminary inquiry, the Principal Sur- veyor shall bave the following powers—

(a) to enter and inspect any premises the entry or inspection of

which appears to him to be necessary;

(b) to inspect and examine the boiler or pressure receiver and its

auxiliary equipment;

(c) to require the production of any document or thing in the

possession of any person; and

[L

(d) to require any person to answer such inquiries as he considers

it necessary to make.

(4) (a) For the purpose of its inquiry, a Board of Inquiry shall

have the following powers-

(i) to hear evidence on oath or otherwise:

(ii) to summon any person to attend any sitting of the Board to give evidence or to produce any document or thing in his possession and to examine him as a witness or require him to produce such document or thing, subject to all just exceptions:

(iii) to enter and inspect any premises the entry or inspec- tion of which appears to it to be necessary; and

(iv) to inspect and examine the boiler or pressure receiver and its auxiliary equipment.

(b) A witness summons shall be in such form as the chairman of

the Board of Inquiry directs and shall be signed by him.

(5) The report on a preliminary inquiry may, save where a Board of Inquiry has been, or is to be, appointed, be made public in such manner as the Principal Surveyor thinks fit, and the report of a Board of Inquiry shall be made public in such manner as the Registrar directs.

9. (1) The Principal Surveyor may, upon application in writing Power of in that behalf, exempt from any of the provisions of this Ordinance a

Principal Surveyor boiler or pressure receiver to which be is satisfied that such provision to exempt cannot reasonably be applied.

(2) Any such exemption shall be subject to such conditions as the Principal Surveyor specifies and may be withdrawn at any time.

(3) The Principal Surveyor shall notify the Registrar of the grant or withdrawal of any such exemption.

todividual bailers or press receivers from provi- sions of Ordinance.

Power of

Lo exempt

10. (1) The Registrar may by order exempt from any of the pro- visions of this Ordinance boilers or pressure receivers of a class or Registrar type to which he is satisfied that such provision cannot reasonably be classes or applied.

typer of

boller or pressure

(2) Any such exemption shall be subject to such conditions as receiver from may be specified in the order.

provisions of Ordiaence.

(3) The Registrar may by order cancel or amend any order made under subsection (1).

(4) A notification of every order made under this section shall be published in the Gazette.

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