### Buildings Energy Efficiency Ordinance 《建築物能源效益條例》

47. Issue of notice etc.
(1) Subject to subsection (2), a notice or any other document required to be issued, submitted or sent under this Ordinance is to be regarded as having been duly issued, submitted or sent if—
(a) in the case of the Director—
(i) it is addressed to the Director and delivered to the head office of the Electrical and Mechanical Services Department; or
(ii) it is sent to the Director by registered post addressed to the Director at the head office of the Electrical and Mechanical Services Department;
(b) in the case of an individual—
(i) it is delivered by hand to the individual; or
(ii) it is sent to the individual by registered post addressed to the individual at the individual’s last known address;
(c) in the case of a company—
(i) it is delivered by hand to any officer of the company; or
(ii) it is left at, or sent by registered post to, the company’s registered office in Hong Kong; (Amended 28 of 2012 ss. 912 & 920)
(d) in the case of a body corporate other than a company—
(i) it is delivered by hand 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 registered post addressed to the body at the body’s last known address; or
(e) in the case of a partnership—
(i) it is delivered by hand 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 registered post addressed to the partnership at the partnership’s last known address.
(2) A notice issued to a corporation registered under section 8 of the Building Management Ordinance (Cap. 344) in respect of any common area of a building is deemed to be a notice issued to all owners of undivided shares in the land on which the building is situated.

### Buildings Energy Efficiency Ordinance 《建築物能源效益條例》

48. False information etc. prohibited
(1) A person who forges any declaration, Certificate of Compliance Registration, Form of Compliance or Energy Audit Form or any other document required by, under or for the purposes of this Ordinance commits an offence.
(2) A person who knowingly or recklessly provides any false or misleading information to a registered energy assessor to procure the issue of a Form of Compliance or an Energy Audit Form or the making of a certification commits an offence.
(3) A person who knowingly or recklessly provides any false or misleading information to the Director to—
(a) procure the issue or renewal of a Certificate of Compliance Registration;
(b) procure the grant of any exemption under this Ordinance by the Director; or
(c) procure the grant of any extension of period under this Ordinance by the Director,
commits an offence.
(4) A person who commits an offence under this section is liable on conviction to a fine at level 6 and to imprisonment for 6 months.

49. Offences relating to registered energy assessors
(1) A person who knowingly or recklessly provides any false or misleading information to—
(a) procure the registration of any person as a registered energy assessor; or
(b) procure a renewal of registration of any person as a registered energy assessor,
commits an offence.
(2) A registered energy assessor who knowingly or recklessly issues any Form of Compliance or Energy Audit Form, or makes any certification, that is false or misleading in any material particular commits an offence.
(3) A person who not being a registered energy assessor—
(a) falsely takes or uses any name, title or description suggesting or implying that the person is a registered energy assessor;
(b) uses or knowingly permits the use of in connection with his or her business or profession any description, initials, abbreviations or words intended to cause, or which may reasonably cause, any person to believe that the person is a registered energy assessor; or
(c) advertises or represents himself or herself as a registered energy assessor or knowingly permits himself or herself to be so advertised or represented,
commits an offence.
(4) A person who commits an offence under this section is liable on conviction to a fine at level 6 and to imprisonment for 6 months.

### Buildings Energy Efficiency Ordinance 《建築物能源效益條例》

50. Defence of due diligence
(1) In any legal proceedings against a person for an offence under this Ordinance, it is a defence for the person to show that he or she took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) If the defence under subsection (1) involves an allegation that the offence was due to—
(a) the act or default of another person; or
(b) reliance on information given by another person,
the person charged is not, without the leave of the court, entitled to rely on the defence unless the person has issued a notice in accordance with subsection (3).
(3) A notice issued for the purposes of subsection (2) must—
(a) identify or assist in the identification of the person who committed the act or default or gave the information; and
(b) be issued to the person bringing the legal proceedings at least 7 working days before the hearing of the proceedings.
(4) If the defence under subsection (1) involves an allegation that the offence was due to reliance on information given by another person, the defence is not established unless the person charged shows that it was reasonable in all the circumstances for him or her to rely on the information, having regard in particular to—
(a) the steps which the person took, and those which might reasonably have been taken by the person, for the purpose of verifying the information; and
(b) whether the person had any reason not to believe the information.

51. Protection of public officers
(1) A public officer does not incur any personal civil liability for any act done or omitted to be done by the officer if the officer did or omitted to do the act in the honest belief that the act or omission was required or authorized by or under this Ordinance.
(2) The protection conferred by subsection (1) does not in any way affect the liability of the Government for the act or omission of the public officer.

52. Energy audit carried out before Part 4 commences
If—
(a) an energy audit is carried out on or after the date on which a code of practice concerning an energy audit in respect of a building is identified by the Director under section 40(3) but before the commencement of Part 4;
(b) the person who carried out the audit possesses the qualifications required for registration as a registered energy assessor; and
(c) the person is a registered energy assessor on the commencement date of Part 4,
the audit is regarded, on the commencement of Part 4, as an energy audit carried out on the commencement of Part 4.

### Arbitration (Parties to New York Convention) Order 《仲裁(紐約公約締約方)令》

1. Citation
This order may be cited as the Arbitration (Parties to New York Convention) Order.

2. Declaration of Parties to New York Convention
The States or territories specified in the Schedule are hereby declared to be parties to the New York Convention.

### Arbitration Ordinance 《仲裁條例》

1. Short title
(Amended E.R. 2 of 2014)(1) This Ordinance may be cited as the Arbitration Ordinance.
(2) (Omitted as spent—E.R. 2 of 2014)

### Arbitration Ordinance 《仲裁條例》

3. Object and principles of this Ordinance
(1) The object of this Ordinance is to facilitate the fair and speedy resolution of disputes by arbitration without unnecessary expense.
(2) This Ordinance is based on the principles—
(a) that, subject to the observance of the safeguards that are necessary in the public interest, the parties to a dispute should be free to agree on how the dispute should be resolved; and
(b) that the court should interfere in the arbitration of a dispute only as expressly provided for in this Ordinance.

4. UNCITRAL Model Law to have force of law in Hong Kong
The provisions of the UNCITRAL Model Law that are expressly stated in this Ordinance as having effect have the force of law in Hong Kong subject to the modifications and supplements as expressly provided for in this Ordinance.