### Engineers Registration Ordinance 《工程師註冊條例》

28. Appeal to Court of Appeal
(1) Any person who is aggrieved by any decision or order made in respect of him under section 14(1), 15(5) or 23(1) may appeal to the Court of Appeal. (Amended 33 of 1997 s. 14)
(2) The Court of Appeal may affirm, reverse or vary the decision or order appealed against. (Amended 10 of 2005 s. 90)
(3) Where a person appeals against an order of an inquiry committee, the Court of Appeal shall consider the reasons of the inquiry committee and submissions upon the findings of fact and law of the inquiry committee made on behalf of the parties to the inquiry and may call for the original record of the evidence taken and any document put in evidence before the inquiry committee. (Amended 10 of 2005 s. 90)
(4) The Court of Appeal may, upon special grounds being shown, consider any additional evidence not adduced before the inquiry committee.
(5) (Repealed 10 of 2005 s. 85)(6) The practice in relation to any appeal shall be subject to any rules of court made under the High Court Ordinance (Cap. 4). (Amended 57 of 1999 s. 3)
(7) The Court of Appeal shall not have power to hear any appeal against a decision or order made under section 14(1), 15(5) or 23(1) unless—
(a) in the case of a decision made under section 14(1) or 15(5), notice of such appeal is given within 3 months after the applicant is notified in writing of the decision;
(b) in the case of an order made under section 23(1), notice of such appeal is given within 3 months of the service of the order under section 26. (Replaced 33 of 1997 s. 14)
(8) In deciding any appeal under this section, the Court of Appeal may make such order for payment of costs as it considers reasonable. (Amended E.R. 5 of 2020)

### Engineers Registration Ordinance 《工程師註冊條例》

29. Use of title
(1) A person whose name does not appear on the register shall not be entitled to describe himself as a “registered professional engineer” with or without a qualifying discipline or to use the initials “R.P.E.” with or without a qualifying discipline.
(2) A person shall not use the description of “registered professional engineer” or the initials “R.P.E.” unless the person includes in the description the qualifying discipline either in full or by an abbreviation approved by the Board.
(3) The Board may apply to a judge for an order restraining any person whose name is not on the register or on the part of the register which applies to a particular discipline from describing himself as a “registered professional engineer” or using the initials “R.P.E.” whether used with or without a qualifying discipline or with a discipline for which he is not registered.
(4) A person, including a firm or company, shall not use the description of “registered professional engineers” or the initials “R.P.E.” unless—
(a) at each place where the person carries on the business of engineering, that business is conducted under the supervision of a registered professional engineer of the appropriate discipline who does not act at the same time for any other person other than for 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, that business, so far as it relates to engineering, is under the full time control and management of a registered professional engineer of the appropriate discipline who does not act at the same time in a similar capacity for any other person other than for a firm or company that has substantially the same beneficial ownership and management as the person (where the person is a firm or company).
(5) The Board may apply to a judge for an order restraining any person who holds himself out to be providing engineering consultancy services at a professional level from so doing if the name of the person does not appear on the register or if the person has not complied with the requirements set out in subsection (4)(a) or (b).

### Engineers Registration Ordinance 《工程師註冊條例》

30. Offences and penalties
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 24 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 professional engineer for himself or any other person;
(d) obtains registration as a registered professional engineer for himself or any other person by means of any misleading, false or fraudulent representation or statement, either orally 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 professional engineer, knowingly permits the use of or uses in connection with his business or profession the description—
(i) “registered professional engineer”;
(ii) “registered professional engineer” with reference to a discipline;
(iii) “R.P.E.”;
(iv) “R.P.E.” with reference to a discipline; or
(v) initials or abbreviations of words intended to cause, or which may reasonably cause, any person to believe that the person using them is on the register;
(i) not being on the register, advertises or represents himself as a registered professional engineer 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 at level 5 and to imprisonment for 1 year.
(Amended E.R. 5 of 2020)

31. 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.

### Architects Registration Ordinance 《建築師註冊條例》

1. Short title
This Ordinance may be cited as the Architects Registration Ordinance.

### Architects Registration Ordinance 《建築師註冊條例》

3. Application
This Ordinance applies to any person who is involved in the design, construction or fitting out of buildings and who describes himself as an architect.

4. Constitution of the Board
(1) There is established a board to be known as the “Architects Registration Board” which shall be a body corporate having perpetual succession and a common seal. (Amended E.R. 5 of 2020)
(2) The Board shall consist of 10 members appointed by the Council and, in addition, may include one member appointed by the Chief Executive. (Amended 57 of 1999 s. 3)
(3) The Chief Executive shall give notice in the Gazette of every appointment made under this section. (Amended 57 of 1999 s. 3)
(4) The Council shall not appoint a person as a member of the Board unless he is a member of the Institute.