XN000022-1996-07-10 — Page 50

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With regard to the registration of authorised persons and structural engineers, there will be panels of members from whom the Building Authority may appoint more than one Registration Committee. The Building Authority will be empowered to direct the Registration Committee to hold meetings in order to help ensure that the applications for registration as authorised persons and structural engineers will be processed expeditiously. The registration will continue to be in force while an application for renewal is still being processed, subject to any order of the disciplinary board. This is to obviate the administrative problem of processing a large number of applications within a fixed time limit.

I also wish to assure the Hon Edward Ho that his suggestion of a classification system for contractors be seriously considered. The Building Authority will be required to give reasons why an application for inclusion, retention or restoration of name in the relevant register is rejected. He will also be required to inform an authorised person or registered structural engineer before removing the latter's name from the relevant register.

Furthermore, a legal adviser will be appointed to assist in the proceeding of the disciplinary board for authorised persons and registered structural engineers. The power of a judge to dismiss an appeal against the decision of the board if he considered that there had been no substantial miscarriage of injustice, even if he was of the opinion that the point raised in the appeal might have been decided in favour of the appellant, will be removed. These measures would serve to further improve the fairness of the disciplinary proceedings.

Similar amendments will be moved by me to other provisions of the Bill relating to the registration of general building contractors and specialist contractors. Moreover, the factors which will be taken into account in considering whether an applicant qualifies to register as a contractor will be clearly set out. In the case of general building contractors, the Building Authority will be allowed to accept relevant local experience as a substitute for the required qualifications. As a transitional arrangement, the registration of existing contractors will continue to be in force for two years after the commencement of the relevant provisions of the Bill.

To implement the supervision plan system, the Building Authority may refuse to give his consent to the commencement of works where the authorised person has failed to lodge a supervision plan. The format and content of the plan have to comply with the requirements set out in the technical memorandum which will be formulated by the Building Authority in consultation with the professional institutes and the construction industry and approved by this Council under the negative vetting procedures.

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