【法规名称】
【法规编号】 79989 什么是编号？
【正 文】
第6页 CAP 59AF FACTORIES AND INDUSTRIAL UNDERTAKINGS (SAFETY MANAGEMENT) REGULATION
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[接上页] (1) The Secretary for Economic Development and Labour shall appoint members to a disciplinary board panel based on the following numbers and categories- (L.N. 106 of 2002) (a) not more than 5 persons from organizations that he considers represent the interests of registered safety auditors; (b) not more than 5 persons from organizations that he considers represent the interests of registered scheme operators; (c) not more than 5 persons from organizations that he considers represent the interests of employers in the construction industry; (d) not more than 5 persons from organizations that he considers represent the interests of employers in industries other than the construction industry; (e) not more than 5 persons from organizations that he considers represent the interests of employees in the construction industry; (f) not more than 5 persons from organizations that he considers represent the interests of employees in industries other than the construction industry.(2) A public officer is not eligible for appointment to the disciplinary board panel. (3) A member shall be appointed for a term of 3 years and may be reappointed at the end of any term. Cap 59AF s 27 Disciplinary board (1) Within 21 days after receipt of notice of a matter from the Commissioner under section 25, the Secretary for Economic Development and Labour shall appoint a disciplinary board- (L.N. 106 of 2002) (a) to hear the matter; and (b) consisting of 1 member from each category of the disciplinary board panel.(2) The members shall elect a chairman from among themselves. Cap 59AF s 28 Proceedings before disciplinary board (1) The chairman of the disciplinary board shall notify the registered person concerned and the Commissioner of the time and place of its hearing into the matter. (2) The registered person concerned and the Commissioner may each be represented by an agent or legal representative at a proceeding before the disciplinary board. (3) A legal adviser may be present at proceedings of the disciplinary board to advise the chairman on any legal matter. (4) Subject to subsection (5), the disciplinary board shall have power to regulate its procedures. (5) The quorum for a meeting of the disciplinary board shall be 4 members of the board. Cap 59AF s 29 Disciplinary board powers (1) The disciplinary 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; (c) authorize a person to inspect- (i) any work carried out for the purposes of a safety audit which has been conducted by a registered safety auditor; or (ii) the conduct of a scheme.(2) After concluding its hearing, the disciplinary board may exonerate the registered person concerned or may do one or more of the following- (a) reprimand the registered person; (b) cancel the registration of the registered person; (c) suspend the registered person's registration for a specified period of time.(3) The disciplinary 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 Commissioner or of the registered person. (4) The disciplinary board shall give notice in writing of its decision to the registered person concerned and the notice shall set out the reasons for the decision and be accompanied by a copy of section Cap 59AF s 30 Appeals PART VII APPEALS AND PUBLICATION OF CANCELLATION OR SUSPENSION OF REGISTRATION (1) A person who is aggrieved by a decision- (a) of the Commissioner to refuse to register the person or to register a person subject to conditions; (b) of the Commissioner under section 24(1) to require the appointment of another safety review officer; or (c) of the disciplinary board under section 29(2)(a), (b) or (c),may, within 28 days of being notified by the Commissioner or the disciplinary board, as the case may be, of any such decision, appeal to the Administrative Appeals Board. (2) A decision requiring the appointment of another safety review officer under section 24(1) or cancelling registration under section 29(2)(b) or suspending registration under section 29(2)(c) that is appealed against under subsection (1) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Commissioner (in the case of that appointment) or the disciplinary board (in the case of that cancellation or suspension) be contrary to the public interest and the notice of the decision contains a statement to that effect. (3) In the case of an appellant who is or was a registered safety auditor or safety review officer, the Commissioner shall cause written notice of the determination of the appeal by the Administrative Appeals Board, together with a statement of the decision, to be served- (a) on the proprietor or contractor of the industrial undertaking, if known to the Commissioner, where the appellant last conducted a safety audit or safety review (whether in whole or in part); and |
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