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[接上页] (a) he describes himself by reference to an architectural discipline not related to the design, construction or fitting out of buildings; or (b) he describes himself by reference to a membership of any body or institute of architects formed outside Hong Kong which description does not imply that he has the right to practise architecture in Hong Kong under the description of architect. (Amended 23 of 1998 s. 2)(4) Subject to subsection (3), a person, including a firm or company shall not use the description of "architects" or "registered architects" or the initials "R.A." unless- (a) at each place where the person carries on the business of architecture, the business is conducted under the supervision of a registered architect who does not act at the same time in a similar capacity for any other person other than a firm or company that has substantially the same beneficial ownership and management as the person (where the person is a firm or company); (b) where the person carries on a multidisciplinary practice, the business, so far as it relates to architecture, is under the full time control and management of a registered architect who does not act at the same time in a similar capacity for any other person other than a firm or company that has substantially the same beneficial ownership and management as the person (where the person is a firm or company). Cap 408 s 31 Offences and penalties Remarks: Adaptation amendments retroactively made - see 23 of 1998 s. 2 PART VII OFFENCES AND EVIDENCE (1) Any person who- (a) having been summoned by an inquiry committee to attend as a witness or to produce a document or other thing under section 25 without reasonable excuse refuses or fails to do so; (b) attends as a witness before an inquiry committee and, without lawful excuse, refuses or fails to answer any question put to him by the inquiry committee; (c) fraudulently obtains registration as a registered architect for himself or any other person; (d) obtains registration as a registered architect for himself or any other person by means of any misleading, false or fraudulent representation or, statement, either oral or in writing; (e) makes or causes to be made any falsification in the register; (f) impersonates or falsely represents himself as being the person referred to in any certificate or document presented to the Board or an inquiry committee in connection with its functions under this Ordinance; (g) falsely takes or uses any name, initials, title, addition or description implying that his name is entered in the register; (h) not being a registered architect, knowingly permits the use of or uses in connection with his business or profession the description- (i) "architect"; (ii) "registered architect"; (iii) the initials "R.A."; or (iv) any initials or abbreviations of words intended to cause, or which may reasonably cause, any person to believe that the person using the initials or abbreviations is on the register;(i) not being on the register, advertises or represents himself as a registered architect or knowingly permits himself to be so advertised or represented; (j) holds himself out to be ordinarily resident in Hong Kong at the time of making an application for registration when he is not so ordinarily resident,commits an offence and is liable to a fine of $50000 and to imprisonment for 1 year. (2) Subsection (1)(h) and (i) shall not apply in relation to the use by any member of any body or institute of architects formed outside Hong Kong who is not a registered architect, of any description or initials which he is entitled to use under the constitution of that body or institute if by such use he does not represent that his name is entered on the register. (Amended 23 of 1998 s. 2) Cap 408 s 32 Certificate as evidence A certificate, purporting to be signed by the Registrar, that the name of a person has or has not been entered in or has been removed or ordered to be removed from the register shall for all purposes, without further proof, be evidence of the facts stated in the certificate. |