Introduction to the Lifts and Escalators Ordinance

The Lifts and Escalators Ordinance (Chapter 618) ("the Ordinance"), and the two regulations made under the Ordinance, viz. the Lifts and Escalators (General) Regulation and the Lifts and Escalators (Fees) Regulation, have come into force and repealed the Lifts and Escalators (Safety) Ordinance (Chapter 327) since 17 December 2012.

The Ordinance introduces a series of enhanced control measures including extending the coverage of the legislation; strengthening the registration regime of personnel engaged in lift and escalator works; increasing the penalty levels of offences; and improving the regulatory processes to enhance efficiency.

The Ordinance is applicable to lifts and escalators in both public and private sectors. The Responsible Persons ("RPs"), including owners of a lift/escalator and any other person who have the management or control of the lift/escalator, have the duty to ensure their lift/escalator is kept in a proper state of repair and in safe working order. Please refer to the Responsible Persons' Corner for details.

The Ordinance ensures the safety of lift and escalator by the following means:

(i) Equipment compliance

• Lifts/escalators and their safety components are required to be of a type approved by EMSD.

(ii) Quality control

• Lift/escalator works such as installation, maintenance, repair, alteration and demolition of lifts/escalators are required to be undertaken by registered lift/escalator contractors ("RCs").
• RCs are required to notify EMSD in respect of undertaking and subcontracting of lift/escalator works.

(iii) Safety examination

• Lift/escalator shall be thoroughly examined and certified in safe working order by registered lift/escalator engineers ("REs") before putting into use and operation, after major alteration; and periodically at interval not exceeding 1 year for lifts and 6 months for escalators.

(iv) Setting of standards

• EMSD is empowered to issue code of practice ("CoP") e.g. Code of Practice on the Design and Construction of Lifts and Escalators and Code of Practice for Lift Works and Escalator Works.
• RCs are required to attend to failures of emergency devices of lifts within 4 hours after the RCs become aware of the failures. The emergency devices of a lift include the alarm system, emergency lighting and intercommunication system and the ventilation fan.
• If the failure of any emergency device cannot be rectified within 24 hours after the RC becomes aware of the failure, the RC must, before the end of the 24-hour period, notify EMSD of the failure in the specified form.

(v) Prosecution

• EMSD is empowered to issue prohibition order, cessation order, examination order, removal order and improvement order.
• The penalty levels of offences have been increased – the maximum fine is $200,000 and the maximum imprisonment period is 12 months.

(vi) Registration system

• The registration regime for RCs and REs is strengthened. RCs and REs are required to renew their registration every 5 years. In addition, a new registration system for lift /escalator workers is introduced.
• Registers of RCs, REs and registered lift/escalator workers ("RWs") are maintained for public access.
• REs and RWs are required to carry their registration cards at works.
• Disciplinary actions can be taken against registered persons who have committed disciplinary offences.

(vii) Public monitoring

• The new use permit clearly indicates its validity period to promote "user surveillance".
• If there is an incident relating to a lift/escalator, the RP is required to notify within 24 hours after the incident comes to the person’s knowledge, in writing the EMSD and the RC. (For details of incidents requiring reporting, please refer to Schedule 7 to the Ordinance.)
• RCs are required to display a notice before the end of the 4-hour period after the RC becomes aware of the incident if the normal use and operation of the lift/escalator is suspended because of the incident.

(viii) Record keeping

• RPs are required to keep log-books.
• RCs and REs are required to enter information into log-books and keep related records, such as the name and contact information of the sub-contractors if the works are subcontracted.

Please click here to see the API on the Ordinance.