【法规名称】
【法规编号】 79851 什么是编号？
【正 文】
第11页 CAP 470 BUILDERS' LIFTS AND TOWER WORKING PLATFORMS (SAFETY) ORDINANCE
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[接上页] (4) The quorum of an appeal board is 5 members. (5) 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 39 Proceedings before the appeal board (1) The chairman of the appeal board shall notify the appellant and the Director of the time and place of its hearing of the appeal. (2) The appellant and the Director may be represented by an agent or legal representative at a proceeding before the appeal board. (3) The appellant and the Director may adduce evidence at an appeal from a decision of the Director. (4) The appellant and the Director may appear and make representations at an appeal from a decision of the disciplinary tribunal but they shall not adduce evidence unless the appeal board consents. (5) A legal adviser may be present at proceedings of an appeal board to advise the chairman on any legal matter. (Enacted 1995) Cap 470 s 40 Appeal board powers (1) The appeal board may, by notice under the signature of the chairman- (a) order a person to attend before the board and give evidence; (b) order a person to produce documents; or (c) authorize a person to inspect a builder's lift or tower working platform or any lift work in connection with it.(2) The appeal board may- (a) confirm or revoke the decision or action of the Director or decision of the disciplinary tribunal; (b) make any decision that the Director or the disciplinary tribunal could have made; (c) order the Director to take any action within his powers; or (d) in an appeal from a decision of the Director to reprimand or impose a monetary penalty under section 30(1), do anything that the disciplinary tribunal may do under section 35(2).(3) The appeal board 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 any person in respect of whom the proceedings are brought. (4) The appeal board shall notify the appellant and the Director of its decision and the reasons for it. (5) 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 41 Submission of location plan PART X MISCELLANEOUS (1) Each time a builder's lift or tower working platform is installed at a construction site or dismantled and re-erected at a different location on the same site, the owner shall, when submitting the certificate of test and examination required under section 18(1)(a) or (b), submit a plan of the construction site showing its location on the site. (2) Where more than one builder's lift or tower working platform is installed at a construction site, each one shall be marked with a number and the number shall be shown on the construction site plan. (3) The Director shall not accept a certificate of test and examination under section 18(1)(a) or (b) unless the plan required under this section is submitted with it. (Enacted 1995) Cap 470 s 42 Authorized officers The Director may authorize in writing any public officer to exercise any powers and perform any duties conferred or imposed on the Director by this Ordinance. (Enacted 1995) Cap 470 s 43 Service of notices (1) A notice or order required to be served under this Ordinance shall be properly served if- (a) in the case of an individual, it is delivered to him or, where it cannot conveniently be so delivered, it is- (i) left at the address at which he ordinarily resides or carries on business or, if such an address is unknown, at his last known address; or (ii) sent by post to him at any such address;(b) in the case of a company, it is delivered to an officer of the company or, where it cannot conveniently be so delivered, it is left at, or sent by post to, the company's registered office; (c) in the case of a partnership, it is delivered to any partner or, where it cannot conveniently be so delivered, it is left at, or sent by post to, the address at which the partnership carries on business; (d) in the case of a body corporate other than a company or in the case of an unincorporated body of persons other than a partnership, it is delivered to an officer of the body or, where it cannot conveniently be so delivered, it is left at, or sent by post to, the address at which the body carries on business.(2) For the purposes of subsection (1), every body corporate other than a company and every unincorporated body of persons not being a partnership shall be deemed to carry on business at its principal office or place of business. (3) Where a notice or order is served- (a) by sending it by post, it shall, in the absence of evidence to the contrary, be deemed to have been served on the 7th day after the day on which it was sent; or (b) by leaving it at an address referred to in subsection (1)(a)(i), (b), (c) or (d), as the case may be, it shall, in the absence of evidence to the contrary, be deemed to have been served on the 7th day after it was so left. |
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