### 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》

35. Disciplinary tribunal powers
(1) The disciplinary tribunal may, by notice under the signature of the chairman—
(a) order a person to attend before the tribunal and give evidence;
(b) order a person to produce documents; and
(c) authorize a person to inspect a builder’s lift or tower working platform or any lift work in connection with it.
(2) After concluding its hearing, the disciplinary tribunal may exonerate the registered contractor or registered examiner or may do one or more of the following—
(a) reprimand the registered contractor or registered examiner;
(b) impose a penalty up to $50,000 on a registered contractor or up to $10,000 on a registered examiner;
(c) suspend or cancel the registration of the registered contractor or registered examiner;
(d) suspend the registered contractor’s or registered examiner’s registration for a specified period of time.
(3) The disciplinary tribunal may make any order it thinks fit with regard to the payment of costs of the proceedings under this section and the costs of the Director or of the registered contractor or registered examiner.
(4) The disciplinary tribunal shall notify the registered contractor or registered examiner of its decision and the reasons for it.
(5) Where no notice of appeal has been delivered to the Director within the time required under section 36(2), the decision of the disciplinary tribunal takes effect at the expiration of that time.
(6) Where a notice of appeal has been delivered to the Director within the time required under section 36(2), but the appellant abandons his appeal before the commencement of the hearing before the appeal board, the decision of the disciplinary tribunal takes effect on the day after the Director receives notice of the abandonment.
(7) A monetary penalty imposed under this section and costs awarded or imposed under this section are recoverable as a civil debt.

36. Appeal to appeal board
(1) A person who is aggrieved by a decision or action of the Director or a decision of a disciplinary tribunal under this Ordinance may appeal to the appeal board appointed under section 38.
(2) Within 4 weeks after the decision or action of the Director or the decision of the disciplinary tribunal, the appellant shall deliver to the Director a notice of appeal stating the substance of the matter and reasons for the appeal.
(3) After receiving the notice of appeal the Director shall forward it to the Secretary.
(4) An appeal under this section against a decision of the Director does not suspend the Director’s decision unless he decides otherwise.

### 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》

37. Appeal board panel
(1) The Secretary shall appoint members to an appeal board panel based on the following numbers and categories—
(a) not more than 5 persons who are corporate members of the Hong Kong Institution of Engineers;
(b) not more than 5 persons from tertiary educational institutions;
(c) not more than 5 persons from organizations that he considers represent the interests of registered contractors;
(d) not more than 5 persons from organizations that he considers represent the interests of registered examiners;
(e) not more than 5 persons from organizations that he considers represent the interests of owners of builders’ lifts or tower working platforms; and
(f) not more than 5 persons from organizations that he considers represent the interests of construction workers.
(2) A public officer is not eligible for appointment to the appeal board panel.
(3) A member shall be appointed for a term of 3 years and may be reappointed at the end of a term.

38. Appeal board
(1) Within 21 days after receipt of a notice of appeal from the Director under section 36(3), the Secretary shall appoint an appeal board to hear the appeal and the board shall consist of 1 member from each category of the appeal board panel.
(2) In respect of an appeal from a decision of a disciplinary tribunal, the Secretary shall not appoint to the appeal board a person who was on the disciplinary tribunal whose decision is being appealed against.
(3) The members shall elect a chairman from among themselves.
(4) The quorum of an appeal board is 5 members.
(5) Each member shall be remunerated out of money provided by the Legislative Council for the purpose at a rate that the Financial Secretary may determine.

39. Proceedings before the appeal board
(1) The chairman of the appeal board shall notify the appellant and the Director of the time and place of its hearing of the appeal.
(2) The appellant and the Director may be represented by an agent or legal representative at a proceeding before the appeal board.
(3) The appellant and the Director may adduce evidence at an appeal from a decision of the Director.
(4) The appellant and the Director may appear and make representations at an appeal from a decision of the disciplinary tribunal but they shall not adduce evidence unless the appeal board consents.
(5) A legal adviser may be present at proceedings of an appeal board to advise the chairman on any legal matter.

### 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》

40. Appeal board powers
(1) The appeal board may, by notice under the signature of the chairman—
(a) order a person to attend before the board and give evidence;
(b) order a person to produce documents; or
(c) authorize a person to inspect a builder’s lift or tower working platform or any lift work in connection with it.
(2) The appeal board may—
(a) confirm or revoke the decision or action of the Director or decision of the disciplinary tribunal;
(b) make any decision that the Director or the disciplinary tribunal could have made;
(c) order the Director to take any action within his powers; or
(d) in an appeal from a decision of the Director to reprimand or impose a monetary penalty under section 30(1), do anything that the disciplinary tribunal may do under section 35(2).
(3) The appeal board may make any order it thinks fit with regard to the payment of costs of the proceedings under this section and the costs of the Director or of any person in respect of whom the proceedings are brought.
(4) The appeal board shall notify the appellant and the Director of its decision and the reasons for it.
(5) A monetary penalty imposed under this section and costs awarded or imposed under this section are recoverable as a civil debt.

41. Submission of location plan
(1) Each time a builder’s lift or tower working platform is installed at a construction site or dismantled and re-erected at a different location on the same site, the owner shall, when submitting the certificate of test and examination required under section 18(1)(a) or (b), submit a plan of the construction site showing its location on the site.
(2) Where more than one builder’s lift or tower working platform is installed at a construction site, each one shall be marked with a number and the number shall be shown on the construction site plan.
(3) The Director shall not accept a certificate of test and examination under section 18(1)(a) or (b) unless the plan required under this section is submitted with it.

42. Authorized officers
The Director may authorize in writing any public officer to exercise any powers and perform any duties conferred or imposed on the Director by this Ordinance.