38
CAP. 327]
Lifts and Escalators (Safety)
Limitation of public liability.
Power of Director to exempt lifts or escalators from certain
provisions of the Ordinance.
Power of Director to exempt goods lifts in an industrial undertaking from
the provisions of the Ordinance. (Cap. 59.)
[1987 Ed.
such engineer, or any person by whom he is employed, or such
contractor.
43. (1) No liability shall rest upon the Government or upon any public officer solely by reason of the fact that any lift or escalator and the machinery and equipment connected therewith is subject to examination or to cleaning, oiling and adjusting under the provisions of this Ordinance, or solely by reason of the fact that the safety equipment provided for any lift or escalator is subject to testing under the provisions of this Ordinance, or solely by reason of the carrying out of any such examination or test or the cleaning, oiling or adjusting of any lift or escalator in accordance with the provisions of this Ordinance or the carrying out of any other work pursuant to the provisions of this Ordinance, or solely by reason of the carrying out by the Director of an examination of a lift or escalator and all or any machinery and equipment connected therewith or a test of the safety equipment provided for a lift or escalator, or both, upon an application under section 35(1), or solely by reason of any other matter or thing done or any certificate or report given or made under the provisions of this Ordinance.
(2) No matter or thing done by the Director or by any officer of the Electrical and Mechanical Services Department to whom the Director has, pursuant to section 36, delegated any of his powers or functions or by any public officer acting under the direction of the Director shall, if it was done bona fide for the purpose of executing the provisions of this Ordinance, subject him personally to any action, liability, claim or demand whatsoever. (Amended, L.N. 76/82 and L.N. 298/82)
44. Where the Director is satisfied that it is consistent with the interests of safety, he may, if application in writing is made to him in that behalf, exempt any lift or escalator from all or any of the provisions of section 12, 13, 19, 21, 22, 23 or 24 and, in granting any such exemption, the Director may impose such conditions as to the operation, maintenance and examination of the lift or escalator or the testing of any safety equipment provided therefor as he considers necessary.
(Replaced, 43 of 1987, s. 38)
44A. (1) Where the Director considers that it is expedient that a goods lift to which this section applies should-
(a) comply with the provisions of the Factories and Industrial Undertakings Ordinance relating to goods lifts in industrial undertakings; and
(b) be exempt from the provisions of this Ordinance,
he may serve on the owner of the lift a notice in writing exempting that lift from the provisions of this Ordinance.
(2) This Ordinance shall cease to apply to a goods lift upon the service on the owner of a notice under subsection (1).
38
CAP. 327]
Lifts and Escalators (Safety)
Limitation of public liability.
Power of Director to exempt lifts or escalators from certain
provisions of the Ordinance.
Power of Director to exempt goods lifts in an industrial undertaking from
the provisions of the Ordinance. (Cap. 59.)
[1987 Ed.
such engineer, or any person by whom he is employed, or such
contractor.
43. (1) No liability shall rest upon the Government or upon any public officer solely by reason of the fact that any lift or escalator and the machinery and equipment connected therewith is subject to examination or to cleaning, oiling and adjusting under the provisions of this Ordinance, or solely by reason of the fact that the safety equipment provided for any lift or escalator is subject to testing under the provisions of this Ordinance, or solely by reason of the carrying out of any such examination or test or the cleaning, oiling or adjusting of any lift or escalator in accordance with the provisions of this Ordinance or the carrying out of any other work pursuant to the provisions of this Ordinance, or solely by reason of the carrying out by the Director of an examination of a lift or escalator and all or any machinery and equipment connected therewith or a test of the safety equipment provided for a lift or escalator, or both, upon an application under section 35(1), or solely by reason of any other matter or thing done or any certificate or report given or made under the provisions of this Ordinance.
(2) No matter or thing done by the Director or by any officer of the Electrical and Mechanical Services Department to whom the Director has, pursuant to section 36, delegated any of his powers or functions or by any public officer acting under the direction of the Director shall, if it was done bona fide for the purpose of executing the provisions of this Ordinance, subject him personally to any action, liability, claim or demand whatsoever. (Amended, L.N. 76/82 and L.N. 298/82)
44. Where the Director is satisfied that it is consistent with the interests of safety, he may, if application in writing is made to him. in that behalf, exempt any lift or escalator from all or any of the provisions of section 12, 13, 19, 21, 22, 23 or 24 and, in granting any such exemption, the Director may impose such conditions as to the operation, maintenance and examination of the lift or escalator or the testing of any safety equipment provided therefor as he considers necessary.
(Replaced, 43 of 1987, s. 38)
44A. (1) Where the Director considers that it is expedient that a goods lift to which this section applies should-
(a) comply with the provisions of the Factories and Industrial Undertakings Ordinance relating to goods lifts in indus- trial undertakings; and
(b) be exempt from the provisions of this Ordinance,
he may serve on the owner of the lift a notice in writing exempting that lift from the provisions of this Ordinance.
(2) This Ordinance shall cease to apply to a goods lift upon the service on the owner of a notice under subsection (1).
No comments yet.
Private notes are available after approval.