Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Chapter 470)
The Panel
Pursuant to Section 32 of the Builders' Lifts and Tower Working Platforms (Safety) Ordinance (Chapter 470), disciplinary tribunal 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;
- 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 Disciplinary Tribunal
- Within 21 days after receipt of notice of a matter from the Director, who considers that there is evidence that a registered contractor or a registered examiner has failed to comply with this Ordinance, the Secretary shall appoint a disciplinary tribunal to hear the matter. The tribunal shall consist of 1 member from each category of the disciplinary tribunal panel. Members shall elect a chairman from among themselves.
- Disciplinary tribunal will be formed only if there is such a need, but otherwise there is no meeting. (Note: No disciplinary tribunal has been held so far as no case has been received since the establishment of the disciplinary tribunal panel.)
The Powers
- The disciplinary tribunal may, by notice under the signature of the chairman of disciplinary tribunal:
- order a person to attend before the tribunal and give evidence;
- order a person to produce documents; and
- authorize a person to inspect a builder's lift or tower working platform or any lift work in connection with it.
- After concluding its hearing, the disciplinary tribunal may exonerate the registered contractor or registered examiner or may do one or more of the following :
- reprimand the registered contractor or registered examiner;
- impose a penalty up to $50,000 on a registered contractor or up to $10,000 on a registered examiner;
- suspend or cancel the registration of the registered contractor or registered examiner;
- suspend the registered contractor's or registered examiner's registration for a specified period of time.
- The disciplinary tribunal 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 of Electrical and Mechanical Services ("the Director") or of the registered contractor or registered examiner.
Disciplinary Tribunal Panel