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Disciplinary Board

Pursuant to section 15 of the Buildings Energy Efficiency (Registered Energy Assessors) Regulation (Cap 610B), a disciplinary board panel is established of which the Disciplinary Board Panel Members are appointed by the Secretary.

Details relating to the Disciplinary Board Panel and the Disciplinary Board can be found in Sections 15 to 19 under the Buildings Energy Efficiency (Registered Energy Assessors) Regulation (Cap 610B). Sections 15, 16 and 19 of the Regulation are reproduced hereunder for quick reference.

15. Disciplinary board panel

  1. The Secretary is to appoint the members of a disciplinary board panel which is to consist of -
    1. not more than 10 members who are corporate members of the Hong Kong Institution of Engineers and are in the electrical discipline;
    2. not more than 10 members who are corporate members of the Hong Kong Institution of Engineers and are in the mechanical discipline;
    3. not more than 10 members who are corporate members of the Hong Kong Institution of Engineers and are in the building services discipline;
    4. not more than 10 members who are corporate members of the Hong Kong Institution of Engineers and are in the environmental discipline; (L.N. 40 of 2011)
    5. not more than 10 members who are members of the Engineers Registration Board established under the Engineers Registration Ordinance (Cap 409); and (L.N. 40 of 2011)
    6. not more than 10 members who are not, in the opinion of the Secretary, from the engineering profession. (L.N. 40 of 2011)
  2. A person who is in 2 or more of the 5 disciplines mentioned in paragraphs (a), (b), (c), (d) and (e) of subsection (1) is, for the purpose of subsections (1) and (7)(d), regarded as being in only one of those disciplines designated by the Secretary at the time of the person's appointment.
  3. A person is eligible for appointment under subsection (1) only if the person -
    1. is not a public officer; and
    2. (in the case of an appointment under subsection (1)(a), (b), (c), (d) or (e)) has practised in the engineering profession in Hong Kong for at least 10 years. (L.N. 40 of 2011)
  4. A member of the disciplinary board panel is to be appointed for a term of 3 years and may be reappointed on the expiry of a term.
  5. The Secretary must give notice in the Gazette of any appointment or reappointment under this section.
  6. A member of the disciplinary board panel may, at any time, resign by issuing a notice in writing to the Secretary.
  7. The Secretary may terminate the office of a member of the disciplinary board panel if the Secretary is satisfied that the member
    1. has become a public officer;
    2. has become bankrupt or has entered into a voluntary arrangement within the meaning of section 2 of the Bankruptcy Ordinance (Cap 6) with his or her creditors;
    3. is incapacitated by physical or mental illness;
    4. has ceased to be of the capacity by virtue of which the person was appointed; or
    5. is otherwise unable or unfit to perform the functions of a member.
  8. The Secretary must give notice in the Gazette of any termination of office under this section.
16. Disciplinary board
  1. Within 21 days after receiving a notice under section 13(2)(b), the Secretary must appoint from among the members of the disciplinary board panel a disciplinary board to hear the case concerned.
  2. A disciplinary board is to consist of 5 members appointed from 5 different categories of members specified in section 15(1), one of whom must be a member appointed under section 15(1)(f). (L.N. 40 of 2011)
  3. Subject to section 17(5), if a vacancy occurs in a disciplinary board, the Secretary must, as soon as practicable, make appointment from among the members of the disciplinary board panel to fill the vacancy.
  4. The members of the disciplinary board must elect a Chairperson from among themselves to preside at the hearing.
  5. The members of a disciplinary board may be paid out of the general revenue any remuneration that the Financial Secretary determines.
19. Determination of disciplinary board
  1. If, after a hearing conducted under this Part, a disciplinary board is satisfied that the matter mentioned in section 13(1) is established in respect of a registered energy assessor, the board may make any or all of the following orders -
    1. an order that the name of the assessor be removed from the Register of Registered Energy Assessors;
    2. an order that the assessor be reprimanded;
    3. (if an order is made under paragraph (a)) an order that the Director must not allow an application from the assessor for registration as a registered energy assessor within a period directed by the board;
    4. an order that a fine of not more than $25000 be imposed on the assessor;
    5. an order that its findings and any order made under this subsection be published in the Gazette.
  2. The disciplinary board may, if it is satisfied that it is just and equitable in all circumstances of the case to do so, make any order that it thinks fit with regard to the payment of— (L.N. 40 of 2011)
    1. costs or expenses of the hearing; or
    2. costs or expenses of the Director or any other person in the proceedings.
  3. A fine imposed under subsection (1) and costs and expenses ordered to be paid under subsection (2) are recoverable as a civil debt.