Appeal Board Panel - Lifts and Escalators Ordinance (Chapter 618) (821)

The Panel

1.1	Pursuant to section 116 of the Lifts and Escalators Ordinance (Chapter 618) (“the Ordinance”), an appeal board panel is to consist of the following numbers and categories of persons appointed by the Secretary for Development "the Secretary" – not more than 5 persons nominated by the Hong Kong Institution of Engineers, each of whom is both – a member of the Institution; and a registered professional engineer within the discipline of building services engineering, mechanical engineering or marine and navel architecture engineering; not more than 5 persons nominated by the Hong Kong Institution of Engineers, each of whom is both – a member of the Institution; and a registered professional engineer within the discipline of control, automation and instrumentation engineering, electrical engineering or electronic engineering; not more than 5 persons each of whom is – a registered lift engineer nominated by an organization which, in the opinion of the Secretary, represents the interests of lift engineers; or a registered escalator engineer nominated by an organization which, in the opinion of the Secretary, represents the interests of escalator engineers; or not more than 5 persons nominated by the Hong Kong Institution of Engineers, each of whom is a member of the Institution whose name is in the list of engineers contained in the register kept under section 3(2)(b) or (3) of the Buildings Ordinance (Cap. 123); not more than 5 persons each of whom is nominated by an organization which, in the opinion of the Secretary, represents the interests of lift contractors or escalator contractors; not more than 5 persons each of whom is – a registered lift worker for all kinds of lift works nominated by an organization which, in the opinion of the Secretary, represents the interests of lift workers, or a registered escalator worker for all kinds of escalator works nominated by an organization which, in the opinion of the Secretary, represents the interests of escalator workers; not more than 5 laypersons each of whom is nominated by an organization which, in the opinion of the Secretary, represents the interests of persons carrying on the business of property management; and not more than 5 laypersons each of whom is – a member of a management committee, or a new management committee, within the meaning of the Building Management Ordinance (Cap. 344); or a person who owns a lift or escalator.
1.2	A public officer is not eligible for appointment to the panel.
1.3	A panel member is to be appointed for a term of not more than 3 years and may be reappointed after the expiry of the member’s term of office.
1.4	A panel member may resign at any time by giving notice in writing to the Secretary.

Establishment of appeal board

2.1	If the Director of Electrical and Mechanical Services "the Director" receives a notice of appeal given under section 117 of the Ordinance, the Director must deliver the notice to the Secretary within a period of 14 days beginning on the date immediately following the date on which the Director receives the notice.
2.2	Within a period of 21 days beginning on the date on which a notice under section 117 of the Ordinance is received by the Secretary, the Secretary must establish an appeal board to consider the appeal to which the notice relates.
2.3	An appeal board is to consist of 8 members appointed by the Secretary from the members of the appeal board panel established under section 116 of the Ordinance.
2.4	The board members must include at least one member from each category constituting the panel.

The Powers

3.1	For the purposes of a hearing, the appeal board may – receive evidence on oath; by notice signed by the chairperson of the board, order any person to attend before the board and to give evidence; by notice signed by the chairperson of the board, order any person to produce any document or information relevant to the appeal in respect of which the hearing is conducted; and in relation to an appeal against the issue of an order mentioned in section 115(1)(c) or (j) or a decision mentioned in section 115(1)(d), authorize any person to inspect – the lift or escalator concerned, or the lift works or escalator works concerned; and the premises at or in which the lift or escalator is situated or is installed or being installed, or at which the lift works or escalator works have been or are being carried out.

3.1

For the purposes of a hearing, the appeal board may –

receive evidence on oath;
by notice signed by the chairperson of the board, order any person to attend before the board and to give evidence;
by notice signed by the chairperson of the board, order any person to produce any document or information relevant to the appeal in respect of which the hearing is conducted; and
in relation to an appeal against the issue of an order mentioned in section 115(1)(c) or (j) or a decision mentioned in section 115(1)(d), authorize any person to inspect –
1. the lift or escalator concerned, or the lift works or escalator works concerned; and
2. the premises at or in which the lift or escalator is situated or is installed or being installed, or at which the lift works or escalator works have been or are being carried out.