1974-HKRS28-16-22_Part04 — Page 7

Repeal and

6. Section 7 of the principal Ordinance is repealed and replacement replaced by the following---

of section 7,

*Disciplin-

ary pro- ceedings in

7. (1) Where it appears to the Building Au- thority that an authorized person or a registered respect of an structural engineer has been convicted by any court of such offence or has been guilty of such negligence or misconduct as-

authorized

person or

registered

structural

engineer.

(a) renders such person unfit to be on the

authorized persons register or

on the structural engineers' register as the case may be; or

(b) makes the further inclusion of such person on the authorized persons' register or on the structural engineers' register, as the case may be, prejudicial to the due administra- tion of this Ordinance; or

(c) renders such person deserving of censure, the Building Authority may bring the matter to the notice of a disciplinary board appointed under section 5.

(2) Where, after due inquiry, the disciplinary board is satisfied that the authorized person or the registered structural engineer has been convicted of such an offence or has been guilty of such negligence or misconduct, such board may-

(a) order that the name of such person be

removed-

() from the authorized persons' or the structural engineers' register, as the case may be; or

(i) if his name appears in both registers, from both registers.

either permanently or for such period as the board thinks fit; or

(b) order that such person be reprimanded; and (c) order that its findings and order be pub.

lished in the Gazerte.

(3) On an inquiry under this section, a dis- ciplinary board may make such order as it thinks ôt with regard to the payment of the costs of the inquiry

(Cap. 4)

7.

9

and the costs of the Building Authority or of the authorized person or registered structural engineer in respect of whom the inquiry is held.

(4) (4) Any authorized person or registered structural engineer 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, notwith- standing that he is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if he considers that no substantial mis- carriage of justice has actually occurred. (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 or any such appeal

shall be final.”.

Section 1 of the principal Ordinance is amended by Amendmen deleting subsections (1), (2), (3) and (4) and substituting the of section following-

"(1) For the purposes of section 8(4) and section 13, the Building Authority may from time to time, appoint a disciplinary board.

(2) Every board appointed to hear an appeal under section 8(4)(a) or to hear and determine any proceedings under section 13 against a registered contractor shall consist of-

(a) 2 persons who are members of the Registered Contractors' Disciplinary Board Panel appointed under section 11A;

(6) 3 persons who are members of the Authorized Persons and Registered Structural Engineers' Dis- ciplinary Board Panel appointed under section 5A of whom-

(i) shall be a person referred to in section 5A(2Xa);

11.