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Ord. No. 43/87
Powers of disciplinary
board
appointed
under section 11E.
Appeals from disciplinary board.
LIFTS AND ESCALATORS (SAFETY) (AMENDMENT)
(c) render the lift contractor or escalator contractor
deserving of censure,
the Director may bring the matter to the notice of a dis- ciplinary board appointed under section 11E.
(2) Where, after due inquiry, the disciplinary board is satisfied that the registered lift contractor or the registered escalator contractor has been convicted of such an offence or has been guilty of such negligence or misconduct as is referred to in subsection (1), the board may—
(a) order—
(i) that the name of the lift contractor or escalator contractor be removed from the register of lift contractors or the register of escalator con- tractors or both registers, as the case may be, either permanently or for such period as the board directs;
ог
(ii) that the lift contractor or escalator con- tractor be fined a sum not exceeding $50,000, which sum may be recoverable as a civil debt; or
(iii) that the lift contractor or escalator con- tractor be reprimanded; and
(b) order that its findings and any order made under paragraph (a)(i), (ii) or (iii) be published in the Gazette.
(3) The disciplinary board may make such order as it thinks fit with regard to the payment of the costs of proceed- ings under this section and the costs of the Director or of the lift contractor or escalator contractor in respect of whom the proceedings are brought, and any costs so awarded shall be recoverable as a civil debt.
11H. A disciplinary board appointed under section 11E may for the purposes of proceedings before it-
(a) require any person to attend the proceedings as a witness, administer oaths and examine witnesses upon oath;
(b) order the production of relevant documents;
(c) order the inspection of premises in which any lift or escalator has been installed or in which lift works or escalator works have been carried out; and
(d) authorize the entry upon and viewing of such
premises.
111. (1) Any lift contractor or escalator contractor aggrieved by any order made in respect of him under section 11G(2) may appeal to a judge of the High Court, and upon such appeal the judge may confirm, reverse or vary the order of the disciplinary board or may remit the matter to the board with his opinion thereon.
LIFTS AND ESCALATORS (SAFETY) (AMENDMENT)
(Cap. 4.)
Duties of registered lift
contractors or escalator
contractors.
(Cap. 123.)
(Cap. 123.)
Ord. No. 43/87
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(2) Notice of any such appeal shall be given by the lift contractor or the escalator contractor within one month from the date of such order.
(3) Save as otherwise provided in this Ordinance, the practice in relation to any such appeal shall be subject to any rules of court made under the Supreme Court Ordinance.
(4) The decision of the judge shall be final.
11J. (1) A registered lift contractor or registered esca- lator contractor shall----
(a) in respect of any lift or escalator installed or to be installed by him, obtain a certificate from the manu- facturer of the lift or escalator, as the case may be, or his agent certifying that the lift or escalator is designed and constructed in accordance with any regulations made under this Ordinance and the Buildings Ordinance;
(b) supervise the carrying out of the lift works or
escalator works in question;
(c) ensure that the lift works or escalator works in question are carried out by a person specified in section 29A(1), (2) or (3), as the case may be; and (d) carry out the lift works or escalator works in question in accordance with the provisions of this Ordinance and the Buildings Ordinance.
(2) Every registered lift contractor and registered esca- lator contractor shall, within 14 days, notify the Director when he ceases to carry out periodic maintenance in respect of any lift or escalator under section 19 and shall specify the address and number (if any) of the lift or escalator in his notification.
(3) Every registered lift contractor and registered esca- lator contractor shall, within 14 days, notify the Director of any change in his business address.".
15. Section 12 of the principal Ordinance is amended.--
(a) in subsection (2), by deleting "the prescribed form, and the owner shall deliver the same to the Director within 7 days of his receipt thereof" and substituting the following—
"duplicate in the specified form, and the owner shall deliver the certificate in duplicate, and pay the prescribed fee, to the Director within 7 days of the receipt of the certificate by the owner";
(b) in subsection (3)-----
(i) by deleting "When such certificate is delivered to the Director, he" and substituting the following
"On receipt of the certificate and the prescribed fee under subsection (2), the Director";
Amendment of section 12.
No comments yet.
Private notes are available after approval.