【法规名称】
【法规编号】 79851 什么是编号？
【正 文】
第9页 CAP 470 BUILDERS' LIFTS AND TOWER WORKING PLATFORMS (SAFETY) ORDINANCE
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[接上页] (Enacted 1995) Cap 470 s 28 Additional duties of registered examiner In addition to such other duties as are imposed on him by this Ordinance, a registered examiner shall- (a) on the request of the Director, assist in the investigation of an accident in respect of a builder's lift or tower working platform on which he carried out the most recent test and examination; (b) notify the Director, within 14 days, of any change of his business or residential address. (Enacted 1995) Cap 470 s 29 Duties of competent operator A competent operator shall- (a) ensure that the number of passengers in the lift cage or on the platform does not exceed the maximum number specified in the notice required under section 10(b); (b) not interfere with any safety devices while operating the builder's lift or tower working platform; (c) operate the builder's lift or tower working platform in accordance with the proper operating procedures laid down by the manufacturer. (Enacted 1995) Cap 470 s 30 Director may discipline or refer to disciplinary tribunal PART VIII DISCIPLINE OF REGISTERED CONTRACTORS AND REGISTERED EXAMINERS (1) Where the Director considers that there is evidence that a registered contractor or a registered examiner has failed to comply with this Ordinance- (a) he may refer the matter to the Secretary for hearing by a disciplinary tribunal; or (b) in accordance with section 31, he may do either or both of the following- (i) reprimand the registered contractor or registered examiner; (ii) impose a penalty up to $10000 on a registered contractor or up to $1000 on a registered examiner.(2) In accordance with section 31, the Director may cancel a registration if he considers that- (a) the person obtained registration by fraud or on the basis of misleading or inaccurate information; (b) the registration was made in error; or (c) the person is no longer qualified under this Ordinance to be registered.(3) Where a person without reasonable excuse fails to pay a monetary penalty imposed on him under subsection (1) or section 35 on or before the time stipulated for payment, the Director may, in accordance with section 31, suspend his registration until the monetary penalty is paid. (4) A monetary penalty imposed under this section is recoverable as a civil debt. (Enacted 1995) Cap 470 s 31 Discipline procedure (1) Where the Director considers that there are grounds for taking action under section 30(1)(b), (2) or (3) the Director shall notify the registered contractor or registered examiner specifying the grounds and advising him that he is entitled to a hearing or to submit a written representation and that if he intends to request a hearing or submit a representation he must do so within 4 weeks after the date of the Director's notice. (2) Where the Director, in his notice under subsection (1) in respect of a proposed action under section 30(1)(b), states that the alleged failure, if proved or admitted, will not attract a penalty greater than that set out in the notice, the Director shall not impose a greater penalty. (3) Where the Director does not, within 4 weeks after the date of the notice sent under subsection (1), receive from the person a request for a hearing, he may, after considering any written representation from him, impose the appropriate penalty under section 30. (4) Where the Director, within 4 weeks after the date of the notice sent under subsection (1), receives a request for a hearing, he shall afford the person a reasonable opportunity to be heard. (5) After the hearing or, where the person fails without reasonable excuse to attend at the time set by the Director for the hearing, the Director may exonerate the person or impose the appropriate penalty under section 30. (6) The Director shall notify the person of his decision and the reasons for it. (Enacted 1995) Cap 470 s 32 Disciplinary tribunal panel (1) The Secretary shall appoint members to a disciplinary tribunal 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 organizations that he considers represent the interests of registered contractors; (c) not more than 5 persons from organizations that he considers represent the interests of registered examiners; (d) not more than 5 persons from organizations that he considers represent the interests of owners of builders' lifts or tower working platforms; and (e) 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 disciplinary tribunal 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 33 Disciplinary tribunal (1) Within 21 days after receipt of notice of a matter from the Director under section 30(1), the Secretary shall appoint a disciplinary tribunal to hear the matter and the tribunal shall consist of 1 member from each category of the disciplinary tribunal panel. |
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