TNAG-1960-FCO40-2789-Hong-Kong-Boiler-and-Pressure-Receivers-(Amendment)-Ordinanc-1989 — Page 8

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Ord. No. 87/88

BOILERS AND PRESSURE RECEIVERS (AMENDMENT)

HONG KONG

No. 87 OF 1988

L.S.

I assent.

David WILSON,

Governor.

15 December 1988

An Ordinance to amend the Boilers and Pressure Receivers Ordinance.

[16 December 1988]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

Short title

1. This Ordinance may be cited as the Boilers and Pressure Receivers (Amendment) Ordinance 1988.

Short title amended

2. Section 1(1) of the Boilers and Pressure Receivers Ordinance (Cap. 56) is amended by repealing "Receivers" and substituting "Vessels”.

Interpretation

3.

Section 2(1) is amended-

(a) in the definition of "air receiver inspector", by repealing "4(1)(c)” and

substituting "5(1)”;

(b) by adding after the definition of “appointed examiner”—

"Authority" means the public officer appointed under section 4(1)

to be the Boilers and Pressure Vessels Authority;

"authorized officer" means a public officer authorized under sec-

tion 4(3);";

BOILERS AND PRESSURE RECEIVERS

(AMENDMENT)

Ord. No. 87/88

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(c) in the definition of "boiler", by adding “, and any vessel in which oil is heated at a pressure greater than atmospheric pressure" after "shut off”; (d) in the definition of "boiler inspector", by repealing "4(1)(c)” and

substituting "5(1)”;

(e) by repealing the definition of "certificate of inspection during con-

struction" and substituting-

""certificate of inspection during construction" means a certificate issued in respect of a boiler or pressure vessel certifying that the boiler or pressure vessel and, if such be the case, its auxiliary equipment was inspected during its construction and complies with the provisions of a recognized engineering standard, or code, specified in the certificate;

(f) by repealing the definitions of "Commissioner for Labour", "factory inspector", "inspector (land boilers)", "labour officer", "Registrar" and "surveyor";

(g) in the definition of “fuel burning installation", by adding "or heating oil"

after "steam"

(h) by repealing the definitions of "pressure receiver", "pressure vessel",

"pressure vessel inspector" and "Principal Surveyor" and substituting

""pressure vessel" means a steam receiver, an air receiver and a

portable gas generator;

"pressurized fuel container" means a vessel intended or adapted for the expulsion by compressed air of liquid fuel or fuel vapour stored in the vessel;

"pressurized fuel container inspector" means a person who has been appointed under section 5(1) to be a pressurized fuel container inspector and whose appointment has not been suspended;";

(i) by adding after the definition of "steam receiver❞—

"uncertified", when used in relation to a boiler or pressure vessel, means a boiler or pressure vessel in respect of which the owner has delivered to the Authority neither the documents specified in section 13(a) nor the documents specified in section 13(b).”.

Application

4. Section 3(1) is amended-

(a) in paragraph (ca)(i), by adding “, railway" after “road”;

(b) in paragraph (ca)(ii), by adding "and" after the semicolon;

(c) in paragraph (d)–

(i) by repealing "1 gallon (or the metric unit equivalent namely 4.54609 litres)" and substituting “4.5 litres”;

(ii) by repealing "277 cubic inches (or the metric unit equivalent namely 4.54609 litres)";

(iii) by repealing “and” at the end;

(d) by repealing paragraph (e).

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Ord. No. 87/88

BOILERS AND PRESSURE RECEIVERS (AMENDMENT)

Heading of Part II amended

5. The heading of Part II is amended by repealing "REGISTRAR, PRINCIPAL SURVEYOR" and substituting "AUTHORITY”.

Sections substituted

6. Sections 4 and 5 are repealed and the following substituted-

"Authority and authorized officers

4. (1) For the purpose of carrying out the provisions of this Ordinance, the Governor may appoint a public officer to be the Boilers and Pressure Vessels Authority.

(2) An appointment under subsection (1) shall be notified in the Gazette.

(3) The Authority may authorize in writing any public officer to perform or exercise all or any of the functions, duties or powers which are imposed or conferred on the Authority or an authorized officer by this or any other Ordinance.

Appointment, etc. of boiler inspectors,

air receiver inspectors and pressurized fuel container inspectors

5. (1) The Authority may appoint such number of persons as the Authority considers necessary, having such qualifications as the Authority considers sufficient, to be boiler inspectors, air receiver inspectors, or pressurized fuel container inspectors.

(2) An appointment under subsection (1) shall be notified in the Gazette.

Revocation and suspension of appointment

5A. (1) The Authority may by notice in writing to a person appointed under section 5(1) revoke or suspend for any length of time his appoint- ment if-

(a) that person so requests; or

(b) it appears to the Authority that the person has ceased to practise as a boiler inspector, air receiver inspector, or pressurized fuel container inspector, as the case may be; or

(c) the Authority does not consider the person to be competent, fit and

proper to remain appointed.

(2) Every notice referred to in subsection (1) shall—

(a) include an adequate statement of the reasons for revoking or

suspending the appointment; and

(b) set out subsections (3), (4) and (5).

(3) A person whose appointment is revoked or suspended otherwise than at his own request may, by notice in writing which states the grounds of appeal and is delivered to the Authority within 21 days of his being notified by the Authority of the decision, appeal to the Secretary for Education and Manpower.