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

31. Register of Registered Energy Assessors
(1) The Director must keep a Register of Registered Energy Assessors.
(2) The Register of Registered Energy Assessors must contain such information as may be provided for in the regulation made under section 42.
(3) To enable a member of the public to ascertain whether any person is a registered energy assessor, the Director must—
(a) make a copy of the Register of Registered Energy Assessors available for members of the public to inspect free of charge at all reasonable times; and
(b) make the content of the Register available for inspection free of charge through the internet.
(4) The Register of Registered Energy Assessors must be maintained in the form and manner, and updated at any interval, that the Director thinks fit.

32. Appeal to appeal board
(1) A person who is aggrieved by—
(a) a decision of the Director to refuse to issue a Certificate of Compliance Registration under section 10;
(b) a decision of the Director to refuse to renew a Certificate of Compliance Registration under section 13;
(c) a decision of the Director to issue or amend an improvement notice under section 26;
(d) a direction contained in an improvement notice under section 26(2)(c) or (3);
(e) a decision of the Director to refuse to grant an extension under section 9 or 17;
(f) a decision of the Director to withdraw an extension under section 9 or 17;
(g) a decision of the Director to refuse to grant an exemption under section 15, 20 or 25;
(h) a decision of the Director to withdraw an exemption under section 15, 20 or 25;
(i) a decision of the Director to refuse to register a person as a registered energy assessor under section 30;
(j) a decision of the Director to issue a notice under section 9(9) or 17(7);
(k) a decision of the Director to impose a condition under section 9(7), 15(5), 17(5), 20(6) or 25(5);
(l) a decision of the Director to refuse to renew the registration of a registered energy assessor under the regulation made under section 42; or
(m) a decision of the Director to take disciplinary action against a registered energy assessor under the regulation made under section 42,
may appeal to an appeal board against the decision or direction.
(2) An appeal under subsection (1) against a decision or direction does not suspend the decision or direction unless the Director decides otherwise.

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

33. How to lodge an appeal
(1) An appellant may lodge an appeal by issuing a notice of appeal to the Director.
(2) A notice of appeal must be issued within—
(a) 14 days after the date on which the appellant is notified of the decision or direction appealed against; or
(b) such longer period as the Director may allow.
(3) A notice of appeal must—
(a) be in the specified form;
(b) be accompanied by a copy of any document the appellant intends to rely on; and
(c) contain the particulars of any witness that the appellant intends to call at the hearing.
(4) On receiving a notice of appeal, the Director must deliver it to the Secretary as soon as reasonably practicable.

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

34. Appeal board panel
(1) The Secretary is to appoint the members of a Buildings Energy Efficiency Appeal Board Panel which is to consist of—
(a) not more than 10 members who are corporate members of the Hong Kong Institution of Engineers and are in the electrical discipline;
(b) not more than 10 members who are corporate members of the Hong Kong Institution of Engineers and are in the mechanical discipline;
(c) not more than 10 members who are corporate members of the Hong Kong Institution of Engineers and are in the building services discipline;
(d) not more than 10 members who are corporate members of the Hong Kong Institution of Engineers and are in the environmental discipline; and
(e) not more than 10 members who are members of the Engineers Registration Board established under the Engineers Registration Ordinance (Cap. 409).
(2) A person who is in 2 or more of the 5 disciplines mentioned in paragraphs (a), (b), (c), (d) and (e) of subsection (1) is, for the purpose of subsections (1) and (7)(d), regarded as being in only one of those disciplines designated by the Secretary at the time of the person’s appointment.
(3) A person is not eligible for appointment under subsection (1) if the person—
(a) is a public officer; or
(b) has not practised in the engineering profession in Hong Kong for at least 10 years.
(4) A member of the appeal board panel is to be appointed for a term of 3 years and may be reappointed on the expiry of a term.
(5) The Secretary must give notice in the Gazette of any appointment or reappointment under this section.
(6) A member of the appeal board panel may, at any time, resign by issuing a notice in writing to the Secretary.
(7) The Secretary may terminate the office of a member of the appeal board panel if the Secretary is satisfied that the member—
(a) has become a public officer;
(b) has become bankrupt or has entered into a voluntary arrangement within the meaning of section 2 of the Bankruptcy Ordinance (Cap. 6) with his or her creditors;
(c) is incapacitated by physical or mental illness;
(d) has ceased to be of the capacity by virtue of which he or she was appointed; or
(e) is otherwise unable or unfit to perform the functions of a member.
(8) The Secretary must give notice in the Gazette of any termination of office under this section.

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

35. Appeal board
(1) Within 21 days after receiving a notice of appeal delivered under section 33, the Secretary must appoint from among the members of the appeal board panel a Buildings Energy Efficiency Appeal Board to hear the appeal.
(2) An appeal board is to consist of 5 members appointed from all 5 categories of members specified in section 34(1).
(3) Subject to section 36(5), if a vacancy occurs in an appeal board, the Secretary must, as soon as reasonably practicable, make an appointment from among the members of the appeal board panel to fill the vacancy.
(4) The members of an appeal board must elect a Chairperson from among themselves to preside at the hearing of the appeal.
(5) The members of an appeal board may be paid out of the general revenue any remuneration that the Financial Secretary determines.

36. Proceedings of appeal board
(1) The quorum for a meeting of an appeal board is 3 members.
(2) Any question before an appeal board must be determined by a majority of the members.
(3) If there is an equality of votes in respect of any question to be determined in an appeal, the Chairperson of an appeal board has a casting vote in addition to his or her original vote.
(4) An appeal board may perform any of its functions, and its proceedings are valid, despite—
(a) subject to subsection (5), a vacancy in the board; or
(b) a defect in the appointment or qualification of a person purporting to be a member of the board.
(5) If—
(a) any vacancy occurs in the office of an original member of the appeal board; and
(b) as a result fewer than 3 original members of the board remain in office,
the board must be dissolved and the Secretary is deemed to have received a notice of appeal delivered under section 33 in relation to the subject matter of the appeal.
(6) In the performance of their functions under this Ordinance, the members of an appeal board have the same privileges and immunities as a judge of the Court of First Instance has in civil proceedings in that court.
(7) A person appearing before an appeal board as a witness, a party to an appeal or a representative of a party to an appeal is entitled to the same privileges and immunities as he or she would have in civil proceedings in the Court of First Instance.
(8) Subject to this Ordinance, an appeal board may determine its own procedure.