### Lifts and Escalators Ordinance 《升降機及自動梯條例》

146. Approval of codes of practice etc. issued by other persons
(1) The Director may approve a code of practice, or any part of a code of practice, issued or proposed to be issued by any other person, if the Director is satisfied that the code or part is suitable for providing practical guidance in respect of any matter concerning the safety of lifts or escalators, including providing practical guidance in respect of the use and operation of lifts or escalators and providing practical guidance to persons who carry out any lift works or escalator works.
(2) If a code of practice or part of a code of practice is approved under subsection (1), the Director must by notice published in the Gazette—
(a) identify the code or part so approved;
(b) specify the date on which the code or part is to take effect; and
(c) specify the purposes for which the code or part is approved.
(3) The Director may from time to time approve any revision or proposed revision of the whole or any part of a code of practice approved under subsection (1).
(4) If any revision or proposed revision is approved under subsection (3), the Director must by notice published in the Gazette—
(a) identify the revision or proposed revision so approved; and
(b) specify the date on which the approval is to take effect.
(5) The Director may withdraw any approval given under this section.
(6) If an approval is withdrawn under subsection (5), the Director must by notice published in the Gazette—
(a) identify the approval so withdrawn; and
(b) specify the date on which the approval is to cease to have effect.

147. Use of codes of practice in legal proceedings
(1) A failure by a person to observe a provision of a code of practice does not of itself make the person liable to any civil or criminal proceedings.
(2) Despite subsection (1), if in any legal proceedings the court is satisfied that a code of practice or any part of a code of practice is relevant to determining a matter that is in issue in the proceedings—
(a) the code or part is admissible in evidence in the proceedings; and
(b) proof that the person contravened or did not contravene a relevant provision of the code of practice may be relied on by a party to the proceedings as tending to establish or negate that matter.
(3) In this section—
court (法院) means—
(a) an appeal board;
(b) a court as defined by section 3 of the Interpretation and General Clauses Ordinance (Cap. 1);
(c) a disciplinary board; or
(d) a magistrate;

legal proceedings (法律程序) includes—
(a) the proceedings of an appeal board; and
(b) the proceedings of a disciplinary board.

### Lifts and Escalators Ordinance 《升降機及自動梯條例》

148. Exemptions
(1) Subject to section 150, the Director may on application—
(a) exempt any lift, escalator or person from any or all of the provisions of Part 2 or 3; or
(b) exempt any person or any class of person from complying with an order of the Director made under section 30 or 60.
(2) Subject to section 150, the Director may on application exempt a goods lift used in an industrial undertaking other than construction work from all of the provisions of this Ordinance.
(3) An exemption must not be granted under subsection (1) unless the exemption is consistent with the interest of safety.
(4) An exemption must not be granted under subsection (2) unless the Director considers that it is expedient that the lift concerned should comply with the provisions of the Factories and Industrial Undertakings Ordinance (Cap. 59) relating to goods lifts in industrial undertakings.
(5) If the Director decides to refuse an application or refuse to grant an exemption under this section, the Director must in writing state the reasons for the decision.
(6) This section does not affect the general powers of the Director under sections 41 and 46 of the Interpretation and General Clauses Ordinance (Cap. 1).
(7) In this section—
construction work (建築工程) means construction work as defined by section 2(1) of the Factories and Industrial Undertakings Ordinance (Cap. 59).

### Lifts and Escalators Ordinance 《升降機及自動梯條例》

149. Service of notices etc.
(1) A notice or other document (however described), other than an order referred to in subsection (2), permitted or required to be served or sent (however described) under this Ordinance is served or sent if—
(a) for the Director—
(i) it is addressed to the Director and delivered to the Director’s principal office; or
(ii) it is sent to the Director by post addressed to the Director at the Director’s principal office;
(b) for an individual—
(i) it is addressed to and served personally on the individual; or
(ii) it is sent to the individual by post addressed to the individual at the individual’s last known address;
(c) for a company as defined by section 2(1) of the Companies Ordinance (Cap. 622)— (Amended 28 of 2012 ss. 912 & 920)
(i) it is addressed to the company and delivered to any officer of the company by hand;
(ii) it is left at or sent by post to the registered office of the company within the meaning of that Ordinance; or
(iii) it is sent by post addressed to the company at the company’s last known address;
(d) for a body corporate (other than a company described in paragraph (c))—
(i) it is addressed to the body and delivered to any place in Hong Kong at which the body carries on business and given to a person apparently concerned in the management of, or apparently employed by, the body; or
(ii) it is sent to the body by post addressed to the body at the body’s last known address; or
(e) for a partnership—
(i) it is addressed to the partnership and delivered to any place in Hong Kong at which the partnership carries on business and given to a person apparently concerned in the management of, or apparently employed by, the partnership; or
(ii) it is sent to the partnership by post addressed to the partnership at the partnership’s last known address.
(2) An order under section 30, 32, 34, 35, 36, 60, 62, 64, 65 or 66 is served under the section—
(a) if the order is served in accordance with subsection (1)(b), (c), (d) or (e); or
(b) if—
(i) in relation to an order concerning a lift or escalator that forms part of, or is installed or is being installed in, a building, the order is displayed on a conspicuous part of the building in which the lift or escalator is installed or of which the lift or escalator forms a part; and
(ii) in relation to any other order, the order is displayed on a conspicuous part of the lift or escalator.