【法规名称】
【法规编号】 79851 什么是编号？
【正 文】
第12页 CAP 470 BUILDERS' LIFTS AND TOWER WORKING PLATFORMS (SAFETY) ORDINANCE
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[接上页] (Enacted 1995) Cap 470 s 44 Limitation of public liability (1) No liability shall rest upon the Government or upon any public officer solely by reason of the fact that any builder's lift or tower working platform is subject to examination or to inspecting, cleaning, oiling and adjusting under the provisions of this Ordinance, or solely by reason of the fact that the safety equipment provided for any builder's lift or tower working platform is subject to testing under the provisions of this Ordinance, or solely by reason of the carrying out of any such examination or test or the inspecting, cleaning, oiling or adjusting of any builder's lift or tower working platform in accordance with the provisions of this Ordinance or the carrying out of any other work pursuant to the provisions of this Ordinance, or solely by reason of the carrying out by the Director of an examination of a builder's lift or tower working platform or a test of the safety equipment provided for a builder's lift or tower working platform, or both, or solely by reason of any other matter or thing done or any certificate or report given or made under the provisions of this Ordinance. (2) No matter or thing done by the Director or by any officer of the Electrical and Mechanical Services Department to whom the Director has, pursuant to section 42, delegated any of his powers or duties or by any public officer acting under the direction of the Director shall, if it was done bona fide for the purpose of executing the provisions of this Ordinance, subject him personally to any action, liability, claim or demand whatsoever. (Enacted 1995) Cap 470 s 45 Minor offences (1) A person who contravenes section 15, 16, 17(1), 19(2), 20(7), 21(2) or (3), 22(4), 27, 28 or 29 commits an offence. (2) A person who contravenes section 12(3) or, having obtained the approval of the Director under that subsection, fails to perform lift work in accordance with the details submitted to the Director, commits an offence. (3) A person who commits an offence under this section is liable on conviction to a fine at level 3. (Enacted 1995) Cap 470 s 46 Serious offences (1) A person who contravenes section 13, 14(1), 19(1) or (4), 20(1), 22(3) or (6) or 26 commits an offence. (2) A person who obstructs the Director in the exercise of any of the powers conferred on him by this Ordinance, or obstructs a public officer authorized by the Director to exercise any such powers, commits an offence. (3) A person who fails to comply with an order or requirement of the Director given under section 25(b), (c) or (f) commits an offence. (4) A person who employs or permits a person to carry out lift work in contravention of section 14(1) commits an offence. (5) A person who wilfully misuses or interferes with a builder's lift or tower working platform, or any part thereof, commits an offence. (6) A person who, without reasonable excuse, fails to obey an order of the disciplinary tribunal or appeal board to- (a) attend before it and give evidence; or (b) produce documents,commits an offence. (7) A person who commits an offence under this section is liable on conviction to a fine at level 5. (Enacted 1995) Cap 470 s 47 Very serious offences (1) A person who contravenes section 9, 10, 18(1), 19(6) or 22(8) or (9) commits an offence. (2) A person who reconnects the electricity supply to a builder's lift or tower working platform, which supply has been disconnected on the order of the Director under section 25(b), without first obtaining the written permission of the Director to do so, commits an offence. (3) A person who obstructs a person authorized by the disciplinary tribunal or appeal board under section 35(1)(c) or 40(1)(c) to inspect a builder's lift or tower working platform or to inspect lift work commits an offence. (4) A person who- (a) forges a certificate of test and examination; (b) signs a certificate of test and examination knowing it is false in a material particular; (c) makes use of a certificate of test and examination which he knows or ought reasonably to have known was forged or false in a material particular; (d) knowingly utters or makes use of any certificate which in fact does not apply to a builder's lift or tower working platform, as if it is a certificate required under this Ordinance,commits an offence. (5) A person who makes a statement which he knows or ought reasonably to have known was false in a material particular when applying for registration as a registered contractor or registered examiner commits an offence. (6) A person who commits an offence under this section is liable on conviction to a fine of $200000 and to imprisonment for 12 months. (7) Where a person has been convicted of an offence under subsection (1) for contravening section 18(1), 19(6) or 22(8) or (9), he shall, in addition to the penalty provided therefor, be liable to a fine of $1000 for each day during which it is proved to the satisfaction of the court that there has been a further contravention of the same subsection unless he shows that such further contravention occurred without his consent or connivance and that he had taken all reasonable steps to prevent the use and operation of the builder's lift or tower working platform. |
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