【法规名称】
【法规编号】 79811 什么是编号？
【正 文】
第8页 CAP 123 BUILDINGS ORDINANCE
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[接上页] Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) There shall be an Authorized Persons' and Registered Structural Engineers' Disciplinary Board Panel, which shall be appointed by the Chief Executive. (Amended 62 of 2000 s. 3) (2) The Authorized Persons' and Registered Structural Engineers' Disciplinary Board Panel consists of not more than 20 members, of whom not less than 1 and not more than- (a) 5 are authorized persons in the list of architects; (b) 5 are authorized persons in the list of engineers; (c) 5 are authorized persons in the list of surveyors; and (d) 5 are registered structural engineers. (Replaced 54 of 1996 s. 7)(3) A person must not be appointed to be a member of the Panel referred to in subsection (2) unless he has been recommended for the appointment by the Building Authority after consultation with the Architects Registration Board, the Engineers Registration Board or the Surveyors Registration Board respectively, as appropriate. (Replaced 54 of 1996 s. 7) (4) Members of the panel shall hold office for 3 years but shall be eligible for reappointment. (Added 52 of 1974 s. 4) Cap 123 s 5AA Secretary to the disciplinary board (1) There shall be a Secretary to the disciplinary board for the purpose of providing administrative services to a disciplinary board appointed under section 5. (2) The Secretary to the disciplinary board shall be- (a) appointed by the Secretary for Housing, Planning and Lands; (Amended L.N. 330 of 1999; L.N. 106 of 2002) (b) a public officer; and (c) a person who is not a member of the disciplinary board appointed under section 5. (Added 36 of 1997 s. 3) Cap 123 s 6 (Repealed 77 of 1994 s. 5) (Repealed 77 of 1994 s. 5) Cap 123 s 7 Disciplinary proceedings for authorized person or registered structural engineer Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Building Authority may bring to the notice of a disciplinary board appointed under section 5 the matters set out in subsection (1A) in relation to an authorized person or a registered structural engineer if the conduct referred to the disciplinary board may- (a) render the person unfit to remain on the relevant register; (b) make further inclusion of the person on the relevant register prejudicial to the due administration of this Ordinance; or (c) render the authorized person or registered structural engineer deserving of suspension from the register, a fine or a reprimand. (Replaced 54 of 1996 s. 8)(1A) The matters referred to in subsection (1) are that the person- (a) has been convicted by any court of an offence related to carrying out his professional duties; (b) has been negligent or has misconducted himself in a professional way; (c) has permitted a material deviation from a supervision plan for which he is responsible without reasonable cause; (d) has drawn up a supervision plan that does not comply with the material requirements of this Ordinance; (e) has repeatedly drawn up supervision plans that do not comply with the requirements of this Ordinance. (Added 54 of 1996 s. 8)(2) Where, after due inquiry, the disciplinary board is satisfied that the authorized person or the registered structural engineer has been convicted of such an offence, has been negligent or has misconducted himself in a professional way or has deviated in a material manner from a supervision plan without reasonable cause or has drawn up a supervision plan that does not comply with the material requirements of this Ordinance or has repeatedly drawn up supervision plans that do not comply with the requirements of this Ordinance, in the manner referred to in subsection (1A)(a), (b), (c), (d) or (e), the disciplinary board may- (Amended 54 of 1996 s. 8) (a) order that the name of such person be removed- (i) from the authorized persons' or the structural engineers' register, as the case may be; or (ii) if his name appears in both registers, from both registers, either permanently or for such period as the board thinks fit; or(b) order that such person be reprimanded; and (ba) order that the authorized person or registered structural engineer be fined a sum not exceeding $250000, which is recoverable as a debt due to the Government; or (Added 54 of 1996 s. 8) (c) order that its findings and order be published in the Gazette.(3) On an inquiry under this section, a disciplinary board may make such order as it thinks fit with regard to the payment of the costs of the inquiry and the costs of the Building Authority or of the authorized person or registered structural engineer in respect of whom the inquiry is held. (4) (a) Any authorized person or registered structural engineer aggrieved by any order made in respect of him under this section may appeal to a judge of the Court of First Instance and upon any such appeal the judge may confirm, reverse or vary the order of the disciplinary board. (Amended 54 of 1996 s. 8; 25 of 1998 s. 2) (b) The practice in relation to any such appeal shall be subject to any rules of court made under the High Court Ordinance (Cap 4). (Amended 25 of 1998 s. 2) |
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