Builders´ Lifts and Tower Working Platforms (Safety) Ordinance (Chapter 470)
The Panel
Pursuant to Section 37 of the Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Chapter 470), appeal board panel is established of which the panel members are appointed by Secretary for Development ("Secretary"). Not more than 5 persons are appointed from each of the following categories :
- corporate members of the Hong Kong Institution of Engineers;
- tertiary educational institutions;
- organizations that Secretary for Development considers represent the interests of registered contractors;
- organizations that Secretary for Development considers represent the interests of registered examiners;
- organizations that Secretary for Development considers represent the interests of owners of builders' lifts or tower working platforms; and
- organizations that Secretary for Development considers represent the interests of construction workers.
A member shall be appointed for a term of 3 years and may be reappointed at the end of a term.
Formation of Appeal Board
- Within 21 days after receipt of a notice of appeal from the Director, the Secretary shall appoint an appeal board to hear the appeal. The board shall consist of 1 member from each category of the appeal board panel. Members shall elect a chairman from among themselves.
- Appeal board shall be formed only if there is such a need, but otherwise there is no meeting. (Note :- No appeal board has been held so far as no case has been received since the establishment of the appeal board panel.)
The Powers
- The appeal board may, by notice under the signature of the chairman of the appeal board -
- order a person to attend before the board and give evidence;
- order a person to produce documents; or
- authorize a person to inspect a builder's lift or tower working platform or any lift work in connection with it.
- The appeal board may -
- confirm or revoke the decision or action of the Director of Electrical and Mechanical Services ("the Director") or decision of the disciplinary tribunal;
- make any decision that the Director or disciplinary tribunal could have made;
- order the Director to take any action within his powers; or
- in an appeal from a decision of the Director to reprimand or impose a monetary penalty under section 30(1), do anything that the disciplinary tribunal may do under section 35(2).
- The appeal board may make any order it thinks fit with regard to the payment of costs of the proceedings under this section and the costs of the Director or of any person in respect of whom the proceedings are brought.
Appeal Board Panel