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[接上页] (2) The members shall elect a chairman from among themselves. (3) Each member shall be remunerated out of money provided by the Legislative Council for the purpose at a rate that the Financial Secretary may determine. (Enacted 1995) Cap 470 s 34 Proceedings before the disciplinary tribunal (1) The chairman of the disciplinary tribunal shall notify the registered contractor or registered examiner and the Director of the time and place of its hearing into the matter. (2) The registered contractor or registered examiner and the Director may each be represented by an agent or legal representative at a proceeding before the disciplinary tribunal. (3) A legal adviser may be present at proceedings of the disciplinary tribunal to advise the chairman on any legal matter. (Enacted 1995) Cap 470 s 35 Disciplinary tribunal powers (1) The disciplinary tribunal may, by notice under the signature of the chairman- (a) order a person to attend before the tribunal and give evidence; (b) order a person to produce documents; and (c) authorize a person to inspect a builder's lift or tower working platform or any lift work in connection with it.(2) After concluding its hearing, the disciplinary tribunal may exonerate the registered contractor or registered examiner or may do one or more of the following- (a) reprimand the registered contractor or registered examiner; (b) impose a penalty up to $50000 on a registered contractor or up to $10000 on a registered examiner; (c) suspend or cancel the registration of the registered contractor or registered examiner; (d) suspend the registered contractor's or registered examiner's registration for a specified period of time.(3) 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 or of the registered contractor or registered examiner. (4) The disciplinary tribunal shall notify the registered contractor or registered examiner of its decision and the reasons for it. (5) Where no notice of appeal has been delivered to the Director within the time required under section 36(2), the decision of the disciplinary tribunal takes effect at the expiration of that time. (6) Where a notice of appeal has been delivered to the Director within the time required under section 36(2), but the appellant abandons his appeal before the commencement of the hearing before the appeal board, the decision of the disciplinary tribunal takes effect on the day after the Director receives notice of the abandonment. (7) A monetary penalty imposed under this section and costs awarded or imposed under this section are recoverable as a civil debt. (Enacted 1995) Cap 470 s 36 Appeal to appeal board PART IX APPEALS (1) A person who is aggrieved by a decision or action of the Director or a decision of a disciplinary tribunal under this Ordinance may appeal to the appeal board appointed under section 38. (2) Within 4 weeks after the decision or action of the Director or the decision of the disciplinary tribunal, the appellant shall deliver to the Director a notice of appeal stating the substance of the matter and reasons for the appeal. (3) After receiving the notice of appeal the Director shall forward it to the Secretary. (4) An appeal under this section against a decision of the Director does not suspend the Director's decision unless he decides otherwise. (Enacted 1995) Cap 470 s 37 Appeal board panel (1) The Secretary shall appoint members to an appeal board panel based on the following numbers and categories- (a) not more than 5 persons who are corporate members of the Hong Kong Institution of Engineers; (b) not more than 5 persons from tertiary educational institutions; (c) not more than 5 persons from organizations that he considers represent the interests of registered contractors; (d) not more than 5 persons from organizations that he considers represent the interests of registered examiners; (e) not more than 5 persons from organizations that he considers represent the interests of owners of builders' lifts or tower working platforms; and (f) not more than 5 persons from organizations that he considers represent the interests of construction workers.(2) A public officer is not eligible for appointment to the appeal board panel. (3) A member shall be appointed for a term of 3 years and may be reappointed at the end of a term. (Enacted 1995) Cap 470 s 38 Appeal board (1) Within 21 days after receipt of a notice of appeal from the Director under section 36(3), the Secretary shall appoint an appeal board to hear the appeal and the board shall consist of 1 member from each category of the appeal board panel. (2) In respect of an appeal from a decision of a disciplinary tribunal, the Secretary shall not appoint to the appeal board a person who was on the disciplinary tribunal whose decision is being appealed against. (3) The members shall elect a chairman from among themselves. |