【法规名称】
【法规编号】 79811 什么是编号？
【正 文】
第7页 CAP 123 BUILDINGS ORDINANCE
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[接上页] Cap 123 s 4 Appointment and duties of authorized person or registered structural engineer (1) Every person for whom building works or street works are to be carried out shall appoint- (a) an authorized person as the co-ordinator of such building works or street works; and (b) a registered structural engineer for the structural elements of such building works or street works if so required under this Ordinance. (Amended 54 of 1996 s. 5)(2) If an authorized person or a registered structural engineer so appointed becomes unwilling to act or unable, whether by reason of the termination of his appointment or for any other reason, to act, the person for whom the building works or street works are to be or are being carried out shall appoint another authorized person or registered structural engineer, as the case may be, in his stead: Provided that, where an authorized person or a registered structural engineer, is temporarily unable to act by reason of his illness or absence from Hong Kong, he may nominate another authorized person or registered structural engineer to act in his stead for the period of such illness or absence. (3) Any authorized person and any registered structural engineer appointed or nominated under subsection (1) or (2) shall- (a) supervise the carrying out of the building works or street works, as the case may be, in accordance with the supervision plan; (Amended 54 of 1996 s. 5) (b) notify the Building Authority of any contravention of the regulations which would result from the carrying out of any work shown in any plan approved by the Building Authority in respect of the building works or street works; and (c) comply generally with this Ordinance.(4) A structural engineer may not be appointed under subsection (1)(b) unless he is registered in the structural engineers' register. (Amended 54 of 1996 s. 5) (Replaced 52 of 1974 s. 4) Cap 123 s 5 Appointment and powers of disciplinary board (1) For the purposes of section 7, the Secretary for Housing, Planning and Lands may, from time to time, appoint a disciplinary board. (Amended 77 of 1994 s. 4; 36 of 1997 s. 2; L.N. 330 of 1999; L.N. 106 of 2002) (2) Every such board shall consist of- (a) 4 persons who are members of the Authorized Persons' and Registered Structural Engineers' Disciplinary Board Panel appointed under section 5A, at least 1 of whom is on the same register and, in the case of the authorized persons' register, on the same list of the register as the person about whom the inquiry is being held; and (Replaced 54 of 1996 s. 6. Amended 36 of 1997 s. 2) (b) 1 person selected from among the persons nominated in accordance with subsection (3A). (Replaced 36 of 1997 s. 2) (c) (Repealed 54 of 1996 s. 6)(2A) The chairman of a disciplinary board shall appoint a legal adviser to assist in the conduct of the hearing of the disciplinary proceedings and to advise the disciplinary board on points of law that arise during the hearing. The disciplinary board may confer with the legal adviser after the conclusion of the hearing and before it hands down its decision but only after giving the person who is the subject of the hearing and his legal representative, if any, the right to be present while the legal adviser gives advice to the disciplinary board and the right to comment on the matters raised by the legal adviser to the disciplinary board. (Added 54 of 1996 s. 6) (2B) An authorized person or a registered structural engineer, against whom disciplinary proceedings are taken, is entitled to be represented by a legal practitioner at disciplinary proceedings. (Added 54 of 1996 s. 6) (3) The chairman of a disciplinary board appointed under this section shall be elected from the members of the board by its members. (Amended 36 of 1997 s. 2) (3A) For the purpose of subsection (2)(b), the Building Authority is to invite such bodies as the Building Authority may think fit to nominate persons for the Secretary for Housing, Planning and Lands to consider for appointment to the disciplinary board. (Added 36 of 1997 s. 2. Amended L.N. 330 of 1999; L.N. 106 of 2002) (4) For the purposes of any inquiry under section 7, a disciplinary board appointed under this section shall have all such powers as are vested in the Court of First Instance in relation to- (Amended 25 of 1998 s. 2) (a) enforcing the attendance of witnesses and examining them upon oath or otherwise; (b) compelling the production of documents; (c) ordering the inspection of premises; and (d) entering upon and viewing premises.(5) The members of any disciplinary board appointed under this section, other than persons who are in full-time employment in any office of emolument under the Government, shall be remunerated at such rate as the Chief Executive may determine from time to time or in any particular case. (Amended 62 of 2000 s. 3) (Replaced 52 of 1974 s. 4) Cap 123 s 5A Authorized Persons' and Registered Structural Engineers' Disciplinary Board Panel Remarks: |
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