| 1. |
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The Panels |
| 1.1 |
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Pursuant to section 8A(1) of the Lifts and Escalators (Safety) Ordinance (Chapter 327), a disciplinary board panel is established of which the panel members are appointed by the Secretary for Development (Secretary).
Not more than 5 persons are appointed from each of the following categories:-
- members of the Hong Kong Institution of Engineers who are registered professional engineers within the discipline of mechanical or building services engineering and are nominated by that Institution for appointment;
- members of the Hong Kong Institution of Engineers who are registered professional engineers within the discipline of electrical or electronic engineering and are nominated by that Institution for appointment;
- registered lift engineers or registered escalator engineers who are nominated for appointment by an organization which, in the opinion of the Secretary, represents the interests of lift engineers or escalator engineers; and
- engineers whose names are included in the list of engineers kept under section 3(2)(b) of the Buildings Ordinance (Chapter 123) and are nominated by an organization which, in the opinion of the Secretary, represents the interests of this category of engineers.
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.
A public officer is not eligible for appointment to the disciplinary board panel.
Members of the disciplinary board panel shall be appointed for 3 years but shall be eligible for re-appointment.
Members of the disciplinary board panel may resign at any time by notice in writing given to the Secretary.
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| 1.2 |
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Pursuant to section 11F(1) of the Lifts and Escalators (Safety) Ordinance (Chapter 327), a disciplinary board panel is established of which the panel members are appointed by the Secretary for Development (Secretary).
It shall consist of not more than 5 members who are registered lift contractors or registered escalator contractors.
A public officer is not eligible for appointment to the disciplinary board panel.
Members of the disciplinary board panel shall be appointed for 3 years but shall be eligible for re-appointment.
Members of the disciplinary board panel may resign at any time by notice in writing given to the Secretary.
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| 2. |
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Formation of Disciplinary Board |
| 2.1 |
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For Registered Lift Engineers or Registered Escalator Engineers
Where it appears to the Director of Electrical and Mechanical Services (Director) that a registered lift engineer or a registered escalator engineer 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:
- render the lift engineer or the escalator engineer unfit to be on the register of lift engineers or on the register of escalator engineers; or
- make the further inclusion on the register of lift engineers or the register of escalator engineers of the lift engineer or escalator engineer prejudicial to the due administration of this Ordinance; or
- render the lift engineer or escalator engineer deserving of censure,
Within the period of 21 days beginning on the date a notice is received by him, the Secretary must appoint a disciplinary board and refer the matter to that board for inquiry.
The disciplinary board is to consist of 5 members, including at least one member from each category, from the panel appointed under paragraph 1.1 above.
The members of the disciplinary board must elect a chairman from among themselves. The chairman is to determine the procedure of the disciplinary board.
Disciplinary board will only be formed if there is such a need; otherwise, there is no meeting. (Note: No disciplinary board has been appointed since the latest establishment of the disciplinary board panel as no matter mentioned in paragraphs 2.1(a) & (b) above has been received.)
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| 2.2 |
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For Registered Lift Contractors or Registered Escalator Contractors
Where it appears to the Director that a registered 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:
- 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
- make the further inclusion on the register of lift contractors or the register of escalator contractors of the lift contractor or escalator contractor prejudicial to the due administration of this Ordinance; or
- render the lift contractor or escalator contractor deserving of censure,
the Director may refer the matter by notice in writing to the Secretary.
Within the period of 21 days beginning on the date a notice is received by him, the Secretary must appoint a disciplinary board and refer the matter to that board for inquiry.
The disciplinary board is to consist of:
- 5 members, including at least one member from each category, from the panel appointed under paragraph 1.1 above; and
- one member from the panel appointed under paragraph 1.2 above.
The members of the disciplinary board must elect a chairman from among themselves. The chairman is to determine the procedure of the disciplinary board.
Disciplinary board will only be formed if there is such a need; otherwise, there is no meeting. (Note: No disciplinary board has been appointed since the latest establishment of the disciplinary board panel as no matter mentioned in paragraphs 2.2(a) & (b) above has been received.)
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| 3. |
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The Powers |
A disciplinary board may for the purposes of proceedings before it:
- require any person to attend the proceedings as a witness, administer oaths and examine witnesses upon oath;
- order the production of relevant documents;
- 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
- authorize the entry upon and viewing of such premises.
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