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【法规名称】 
【法规编号】 79851  什么是编号?
【正  文】

第13页 CAP 470 BUILDERS' LIFTS AND TOWER WORKING PLATFORMS (SAFETY) ORDINANCE

[接上页]

  (Enacted 1995)
  
  Cap 470 s 48 Liability of person other than principal offender
  
  (1) Where a body corporate is guilty of an offence under this Ordinance in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against.
  
  (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
  
  (3) Where the person who is guilty of an offence under this Ordinance is a firm and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any partner in the firm or any person concerned in the management of the firm, the partner or the person concerned in the management of the firm shall be guilty of the like offence.
  
  (Enacted 1995)
  
  Cap 470 s 49 Limitation period for prosecution
  
  Any prosecution under this Ordinance shall not be commenced more than 6 months after the commission of the offence or more than 6 months after the offence is discovered by or comes to the notice of the Director, whichever is the later.
  
  (Enacted 1995)
  
  Cap 470 s 50 Regulations
  
  Remarks:
  
  Adaptation amendments retroactively made - see 57 of 1999 s. 3
  
  (1) The Chief Executive in Council may make regulations including regulations for all or any of the following matters- (Amended 57 of 1999 s. 3)
  
  (a) additional procedures, qualifications and requirements for the registration of contractors and examiners and the regulation of the activities of such registered contractors and registered examiners;
  
  (b) prescribing requirements for the design, installation, inspection, test, examination, maintenance, operation and use of builder's lifts and tower working platforms;
  
  (c) the carrying out of lift work and other work in relation thereto;
  
  (d) the submission of technical data, operation and maintenance manuals, plans, notices and certificates to the Director as required by this Ordinance;
  
  (e) the procedures to be followed with respect to proceedings of the disciplinary tribunal and the appeal board.(2) Regulations made under subsection (1) may provide for a penalty not exceeding a fine at level 3.
  
  (3) The Financial Secretary may make regulations prescribing the amount of fees required to be paid under this Ordinance.
  
  (Enacted 1995)
  
  Cap 470 s 51 Transitional
  
  (1) Where, on the day section 18 comes into operation, lift work referred to in section 18(1)(a), (b) or (c) is being carried out but has not yet been completed, section 18 shall apply to such lift work.
  
  (2) Where, on the day section 22 comes into operation, a builder's lift or tower working platform is already installed at a construction site, the registered contractor whose services have been retained by the owner shall employ a registered examiner to carry out a test and examination under that section within 90 days of that section coming into operation unless, within that 90 day period, a test and examination has been carried out under section 18.
  
  (3) Where, on the day section 41 comes into operation, a builder's lift or tower working platform is already installed at a construction site, the owner shall, within 90 days of that section coming into operation, submit a plan of the construction site showing its location on the site unless, within that 90 day period, a test and examination has been carried out under section 18(1)(a) or (b).
  
  (Enacted 1995)
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