### Builders’ Lifts and Tower Working Platforms (Safety) Ordinance 《建築工地升降機及塔式工作平台(安全)條例》

43. Service of notices
(1) A notice or order required to be served under this Ordinance shall be properly served if—
(a) in the case of an individual, it is delivered to him or, where it cannot conveniently be so delivered, it is—
(i) left at the address at which he ordinarily resides or carries on business or, if such an address is unknown, at his last known address; or
(ii) sent by post to him at any such address;
(b) in the case of a company, it is delivered to an officer of the company or, where it cannot conveniently be so delivered, it is left at, or sent by post to, the company’s registered office;
(c) in the case of a partnership, it is delivered to any partner or, where it cannot conveniently be so delivered, it is left at, or sent by post to, the address at which the partnership carries on business;
(d) in the case of a body corporate other than a company or in the case of an unincorporated body of persons other than a partnership, it is delivered to an officer of the body or, where it cannot conveniently be so delivered, it is left at, or sent by post to, the address at which the body carries on business.
(2) For the purposes of subsection (1), every body corporate other than a company and every unincorporated body of persons not being a partnership shall be deemed to carry on business at its principal office or place of business.
(3) Where a notice or order is served—
(a) by sending it by post, it shall, in the absence of evidence to the contrary, be deemed to have been served on the 7th day after the day on which it was sent; or
(b) by leaving it at an address referred to in subsection (1)(a)(i), (b), (c) or (d), as the case may be, it shall, in the absence of evidence to the contrary, be deemed to have been served on the 7th day after it was so left.

### Builders’ Lifts and Tower Working Platforms (Safety) Ordinance 《建築工地升降機及塔式工作平台(安全)條例》

44. Limitation of public liability
(1) No liability shall rest upon the Government or upon any public officer solely by reason of the fact that any builder’s lift or tower working platform is subject to examination or to inspecting, cleaning, oiling and adjusting under the provisions of this Ordinance, or solely by reason of the fact that the safety equipment provided for any builder’s lift or tower working platform is subject to testing under the provisions of this Ordinance, or solely by reason of the carrying out of any such examination or test or the inspecting, cleaning, oiling or adjusting of any builder’s lift or tower working platform in accordance with the provisions of this Ordinance or the carrying out of any other work pursuant to the provisions of this Ordinance, or solely by reason of the carrying out by the Director of an examination of a builder’s lift or tower working platform or a test of the safety equipment provided for a builder’s lift or tower working platform, or both, or solely by reason of any other matter or thing done or any certificate or report given or made under the provisions of this Ordinance.
(2) No matter or thing done by the Director or by any officer of the Electrical and Mechanical Services Department to whom the Director has, pursuant to section 42, delegated any of his powers or duties or by any public officer acting under the direction of the Director shall, if it was done bona fide for the purpose of executing the provisions of this Ordinance, subject him personally to any action, liability, claim or demand whatsoever.

45. Minor offences
(1) A person who contravenes section 15, 16, 17(1), 19(2), 20(7), 21(2) or (3), 22(4), 27, 28 or 29 commits an offence.
(2) A person who contravenes section 12(3) or, having obtained the approval of the Director under that subsection, fails to perform lift work in accordance with the details submitted to the Director, commits an offence.
(3) A person who commits an offence under this section is liable on conviction to a fine at level 3.

### Builders’ Lifts and Tower Working Platforms (Safety) Ordinance 《建築工地升降機及塔式工作平台(安全)條例》

46. Serious offences
(1) A person who contravenes section 13, 14(1), 19(1) or (4), 20(1), 22(3) or (6) or 26 commits an offence.
(2) A person who obstructs the Director in the exercise of any of the powers conferred on him by this Ordinance, or obstructs a public officer authorized by the Director to exercise any such powers, commits an offence.
(3) A person who fails to comply with an order or requirement of the Director given under section 25(b), (c) or (f) commits an offence.
(4) A person who employs or permits a person to carry out lift work in contravention of section 14(1) commits an offence.
(5) A person who wilfully misuses or interferes with a builder’s lift or tower working platform, or any part thereof, commits an offence.
(6) A person who, without reasonable excuse, fails to obey an order of the disciplinary tribunal or appeal board to—
(a) attend before it and give evidence; or
(b) produce documents,
commits an offence.
(7) A person who commits an offence under this section is liable on conviction to a fine at level 5.

### Builders’ Lifts and Tower Working Platforms (Safety) Ordinance 《建築工地升降機及塔式工作平台(安全)條例》

47. Very serious offences
(1) A person who contravenes section 9, 10, 18(1), 19(6) or 22(8) or (9) commits an offence.
(2) A person who reconnects the electricity supply to a builder’s lift or tower working platform, which supply has been disconnected on the order of the Director under section 25(b), without first obtaining the written permission of the Director to do so, commits an offence.
(3) A person who obstructs a person authorized by the disciplinary tribunal or appeal board under section 35(1)(c) or 40(1)(c) to inspect a builder’s lift or tower working platform or to inspect lift work commits an offence.
(4) A person who—
(a) forges a certificate of test and examination;
(b) signs a certificate of test and examination knowing it is false in a material particular;
(c) makes use of a certificate of test and examination which he knows or ought reasonably to have known was forged or false in a material particular;
(d) knowingly utters or makes use of any certificate which in fact does not apply to a builder’s lift or tower working platform, as if it is a certificate required under this Ordinance,
commits an offence.
(5) A person who makes a statement which he knows or ought reasonably to have known was false in a material particular when applying for registration as a registered contractor or registered examiner commits an offence.
(6) A person who commits an offence under this section is liable on conviction to a fine of $200,000 and to imprisonment for 12 months.
(7) Where a person has been convicted of an offence under subsection (1) for contravening section 18(1), 19(6) or 22(8) or (9), he shall, in addition to the penalty provided therefor, be liable to a fine of $1,000 for each day during which it is proved to the satisfaction of the court that there has been a further contravention of the same subsection unless he shows that such further contravention occurred without his consent or connivance and that he had taken all reasonable steps to prevent the use and operation of the builder’s lift or tower working platform.