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[接上页] (3) Subsections (1) and (2) do not prevent a disciplinary board appointed under section 11(1) from ordering that the name of the contractor be removed from a register for disciplinary reasons. (4) On the first registration of a general building contractor or a specialist contractor after the commencement of this section, the Building Authority may register the contractor for such period less than the 3 years as applied for so as to make the renewal date correspond with the renewal date that would have occurred but for the enactment of the Buildings (Amendment) Ordinance 1996 (54 of 1996) and may only require the applicant to pay a fee proportionate to the period of registration. (Added 54 of 1996 s. 9) Cap 123 s 9 Appointment and duties of registered contractors Remarks: 1. L.N. 532 of 1997 has brought 54 of 1996 s. 10 into operation on 7 November 1997 (in so far as that section repeals section 9 and substitutes the new section 9 in respect of matters not related to registered specialist contractors, specialized works or supervision plans and in so far as that section repeals section 9 and substitutes the new section 9A in respect of general building contractors). 2. L.N. 619 of 1997 has brought 54 of 1996 s. 10 into operation on 22 December 1997 (in relation to the new section 9 in so far as that section concerns supervision plans except provisions relating to registered specialist contractors or specialized works). 3. Remaining provisions of this section have commenced operation since 1 April 1998. (1) A person is required to appoint a registered general building contractor to carry out for him building works or street works other than specialized works. (2) A person is required to appoint a registered specialist contractor to carry out for him specialized works of the category for which the contractor is registered. (3) A person is required to appoint another registered general building contractor to continue to carry out for him building works or street works other than specialized works if the appointed registered general building contractor for the works is unwilling or unable to act. (4) A person is required to appoint another registered specialist contractor to continue to carry out for him specialized works of the category for which the contractor is registered if the appointed registered specialist contractor for the works is unwilling or unable to act. (5) A registered general building contractor appointed to carry out building works or street works other than specialized works is required to- (a) provide continuous supervision to the carrying out of the works in accordance with his supervision plan; (b) notify the Building Authority of any contravention of the regulations that would result from carrying out the works shown in the plan approved by the Building Authority for the works; and (c) comply generally with this Ordinance. (6) A registered specialist contractor appointed to carry out specialized works is required to- (a) provide continuous supervision to the carrying out of the works in accordance with his supervision plan; (b) notify the Building Authority of any contravention of the regulations that would result from carrying out the works shown in the plan approved by the Building Authority for the works; and (c) comply generally with this Ordinance.(7) A registered general building contractor may carry out specialized works (other than works required to be carried out by a registered ventilation contractor prior to the commencement of the Buildings (Amendment) Ordinance 1996 (54 of 1996)) for 2 years after the commencement of that Ordinance or such further period as the Building Authority may by notice in the Gazette determine. (Replaced 54 of 1996 s. 10) Cap 123 s 9A Appeals from Registration Committees Remarks: 1. This section has commenced operation since 3 January 1997 only in so far as it relates to matters arising from the applications for inclusion in the relevant register as authorized persons or registered structural engineers. 2. Adaptation amendments retroactively made - see 25 of 1998 s. 2. 3. This section has commenced operation on 7 November 1997 only in so far as it is in respect of general building contractors. 4. Remaining provisions of this section have commenced operation on 1 April 1998. (1) A person who is aggrieved by a decision of a Registration Committee under this Part may appeal to a judge of the Court of First Instance. (2) On an appeal the judge may confirm, reverse or vary the order of the Registration Committee. (3) The practice for the appeal is subject to any rules of court made under the High Court Ordinance (Cap 4). (4) The decision of the judge is final. (Added 54 of 1996 s. 10. Amended 25 of 1998 s. 2) Cap 123 s 10 (Repealed 43 of 1993 s. 3) (Repealed 43 of 1993 s. 3) Cap 123 s 11 Appointment and powers of disciplinary board (1) The Secretary for Housing, Planning and Lands may from time to time, appoint a disciplinary board. (Amended 77 of 1994 s. 7; 54 of 1996 s. 11; L.N. 330 of 1999; L.N. 106 of 2002) |