TNAG-1656-FCO40-2304-Hong-Kong-legislation-on-trade-1987 — Page 22

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Ord. No. 43/87

Procedure on application for registration,

Removal from register.

Appointment

of disciplinary board, etc.

LIFTS AND ESCALATORS (SAFETY) (AMENDMENT)

11C. (1) Every application for inclusion in the register of lift contractors or the register of escalator contractors shall be made to the Director in the specified form.

(2) In considering an application under subsection (1), the Director may require the applicant to submit such further particulars as the Director may require and shall have regard to the qualifications and experience of the applicant and of persons employed by the applicant to supervise and carry out the lift works or escalator works, as the case may be.

(3) The Director shall, within 3 months of his receipt of an application under subsection (1) or such further partic- ulars as he may require under subsection (2)—–—–—–

(a) where he is of the opinion that the applicant and any persons employed by the applicant are qualified and experienced in accordance with subsection (2), include the name of the applicant in the register of lift contractors or the register of escalator con- tractors or both registers, as the case may be, and shall issue to the applicant a certificate in the specified form; but no name shall be so included in a register except upon payment of the prescribed fee;

or

(b) where he is not of the opinion that the applicant and any persons employed by the applicant are qualified and experienced in accordance with subsection (2), refuse the application and notify the applicant in writing of his refusal.

(4) Any person whose application for inclusion in the register of lift contractors or the register of escalator con- tractors 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.

11D. The Director may remove from the register of lift contractors or the register of escalator contractors or both registers, as the case may be, the name of any person who-

(a) dies;

(b) ceases, for any reason, to be a lift contractor or

escalator contractor;

(c) ceases to be qualified for inclusion under section 11C

in such register or registers; or

(d) ceases to employ one or more persons who have the qualifications and experience in accordance with section 11C(2).

11E. (1) The Director may, whenever it is necessary to do so for the purposes of section 11G, appoint a disciplinary board.

(2) Every disciplinary board appointed under this sec- tion shall consist of--

LIFTS AND ESCALATORS (SAFETY) (AMENDMENT)

(Cap. 123.)

Appointment of disciplinary board panel.

Disciplinary proceedings.

Ord. No. 43/87

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(a) one person who is a member of the panel appointed

under section 11F;

(b) 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;

(c) 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

(d) the Director or his representative.

(3) The Director or his representative, or such other member of the disciplinary board appointed under this sec- tion as the Director may appoint, shall be the chairman of a disciplinary board appointed under this section, 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.

11F. (1) The Secretary for Lands and Works shall, having regard to the requirements of section 11E relating to the membership of a disciplinary board, appoint a panel of persons (the "disciplinary board panel") which shall consist of not more than 5 members who are registered lift con- tractors or registered escalator contractors.

(2) Members of the disciplinary board panel shall be appointed for 3 years but shall be eligible for re-appointment. (3) Members of the disciplinary board panel may resign at any time by notice in writing given to the Secretary for Lands and Works.

11G. (1) Where it appears to the Director that a regis- tered lift contractor or a registered escalator contractor has been convicted by any court of such an offence, or has in carrying out any lift works or escalator works, as the case may be, been guilty of such negligence or misconduct, as to--

(a) render the lift contractor or the escalator contractor unfit to be on the register of lift contractors or on the register of escalator contractors; or

(b) make the further inclusion on the register of lift contractors or the register of escalator contractors of the lift contractor or escalator contractor pre- judicial to the due administration of this Ordinance;

or