A262
Ord. No. 43/87
Amendment of
7.
section 6.
LIFTS AND ESCALATORS (SAFETY) (AMENDMENT)
(5) A certified copy of an entry in any such register, or a certificate to the effect that any name specified therein is not included in any such register, issued under the hand of the Director shall, until the contrary is shown, be received in evidence as proof of the facts stated therein as at the date of such certified copy or certificate on its production without further proof.".
Section 6 of the principal Ordinance is amended—
(a) in subsection (1), by deleting "in the prescribed form to the
Director" and substituting the following—
"to the Director in the specified form"; and
(b) by deleting subsections (2) and (3) and substituting the following-
Amendment of section 7.
8.
Repeal and replacement of section 8.
"(2) Where, upon any such application, the Director is of the opinion that the applicant is qualified in accordance with section 5, he shall, within 3 months of his receipt of the application, include the name of the applicant in the register of lift engineers or the register of escalator engineers or both registers, as the case may be, and shall issue to him a certificate of registration in the specified form; but no name shall be so included in a register except upon payment of the prescribed fee.
(3) Where, upon any such application, the Director is not of the opinion that the applicant is qualified in accordance with section 5, he shall refuse the application and shall, within 3 months of his receipt of the application, notify the applicant in writing of his refusal.
(4) Where applications under subsection (1) for inclusion in the register of lift engineers and the register of escalator engineers are made by an applicant at the same time he shall pay the fee prescribed for inclusion in both registers.
(5) Any person whose application for inclusion in the register of lift engineers or the register of escalator engineers or both registers is refused may, within one month of the date of notification to him of the refusal, appeal to an appeal board by submitting the appeal to the Director.".
Section 7(1) of the principal Ordinance is amended—
(a) by inserting after "register of escalator engineers" the following-
"or both registers, as the case may be,”; and
(b) by deleting paragraph (c).
9.
Section 8 of the principal Ordinance is repealed and replaced by
the following—
"Appointment
of disciplinary board, etc.
8. (1) The Director may, whenever it is necessary to do so for the purposes of section 9, appoint a disciplinary board.
(2) Every disciplinary board appointed under this sec- tion shall consist of-
LIFTS AND ESCALATORS (SAFETY) (AMENDMENT)
(Cap. 123.)
Ord. No. 43/87
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(a) one person whose name is included in list II kept under section 3(2)(b) of the Buildings Ordinance and who is a member of the panel appointed under section 8A;
(b) 3 persons who are members of the panel appointed under section 8A(1)(a), (b) or (c), of whom at least one shall be qualified as an electrical or electronic engineer and at least one as a mechanical or building services engineer; and
(c) the Director or his representative.
(3) The Director or his representative shall be the chairman of a disciplinary board appointed under this sec- tion, and the chairman shall determine the procedure of the board.
(4) A legal officer may be present at any proceedings of a disciplinary board appointed under this section to advise the chairman on any matter.
(5) A member of a disciplinary board appointed under this section, other than a member who is a public officer, shall be remunerated at such rate as the Financial Secretary may determine from time to time or in any particular case.'
10. The principal Ordinance is amended by adding after section 8 the Addition of following--
"Appointment of disciplinary board panel.
(Cap. 123.)
8A. (1) The Secretary for Lands and Works shall, having regard to the requirements of section 8 relating to the membership of a disciplinary board, appoint a panel of persons (the "disciplinary board panel") which shall consist of not more than 20 members, of whom
(a) not more than 5 shall be members of the Hong Kong Institution of Engineers who are qualified as mechanical or building services engineers;
(b) not more than 5 shall be members of the Hong Kong Institution of Engineers who are qualified as electrical or electronic engineers;
(c) not more than 5 shall be registered lift engineers or
registered escalator engineers; and
(d) not more than 5 shall be engineers whose names are included in list II kept under section 3(2)(b) of the Buildings Ordinance.
(2) No person shall be appointed to be a member of the disciplinary board panel unless he has been in practice in Hong Kong for a period of at least 10 years and has been recommended by the Director after consultation with the appropriate Institution of which he is a member (where subsection (1)(a) or (b) applies) or after consultation with that person (where subsection (1)(c) or (d) applies).
(3) Members of the disciplianry board panel shall be appointed for 3 years but shall be eligible for re-appointment.
new section 8A.
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