### 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》

48. Liability of person other than principal offender
(1) Where a body corporate is guilty of an offence under this Ordinance in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where the person who is guilty of an offence under this Ordinance is a firm and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, any partner in the firm or any person concerned in the management of the firm, the partner or the person concerned in the management of the firm shall be guilty of the like offence.

49. Limitation period for prosecution
Any prosecution under this Ordinance shall not be commenced more than 6 months after the commission of the offence or more than 6 months after the offence is discovered by or comes to the notice of the Director, whichever is the later.

50. Regulations
(1) The Chief Executive in Council may make regulations including regulations for all or any of the following matters— (Amended 57 of 1999 s. 3)
(a) additional procedures, qualifications and requirements for the registration of contractors and examiners and the regulation of the activities of such registered contractors and registered examiners;
(b) prescribing requirements for the design, installation, inspection, test, examination, maintenance, operation and use of builder’s lifts and tower working platforms;
(c) the carrying out of lift work and other work in relation thereto;
(d) the submission of technical data, operation and maintenance manuals, plans, notices and certificates to the Director as required by this Ordinance;
(e) the procedures to be followed with respect to proceedings of the disciplinary tribunal and the appeal board.
(2) Regulations made under subsection (1) may provide for a penalty not exceeding a fine at level 3.
(3) The Financial Secretary may make regulations prescribing the amount of fees required to be paid under this Ordinance.

### 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》

51. Transitional
(1) Where, on the day section 18 comes into operation*, lift work referred to in section 18(1)(a), (b) or (c) is being carried out but has not yet been completed, section 18 shall apply to such lift work.
(2) Where, on the day section 22 comes into operation*, a builder’s lift or tower working platform is already installed at a construction site, the registered contractor whose services have been retained by the owner shall employ a registered examiner to carry out a test and examination under that section within 90 days of that section coming into operation unless, within that 90-day period, a test and examination has been carried out under section 18.
(3) Where, on the day section 41 comes into operation*, a builder’s lift or tower working platform is already installed at a construction site, the owner shall, within 90 days of that section coming into operation, submit a plan of the construction site showing its location on the site unless, within that 90-day period, a test and examination has been carried out under section 18(1)(a) or (b).
(Amended E.R. 1 of 2021) Editorial Note:
* Operation date: 30 December 1995.

### Occupational Deafness (Compensation) Ordinance 《職業性失聰(補償)條例》

1. Short title
(Amended E.R. 5 of 2021)(1) This Ordinance may be cited as the Occupational Deafness (Compensation) Ordinance.
(2) (Omitted as spent—E.R. 5 of 2021)

### Occupational Deafness (Compensation) Ordinance 《職業性失聰(補償)條例》

3. Application to the Crown
This Ordinance binds the Crown.

4. Establishment of the Board
(1) There is established a board known as the “Occupational Deafness Compensation Board”. (Amended E.R. 5 of 2021)
(2) The Board is a body corporate.
(3) Schedule 1 has effect with respect to the Board.

### Occupational Deafness (Compensation) Ordinance 《職業性失聰(補償)條例》

5. Functions and powers of the Board
(1) The functions of the Board are—
(a) to hold the Fund upon trust and to manage and administer the Fund in accordance with this Ordinance;
(b) to receive for the benefit of the Fund any sum paid to the Board pursuant to section 7 of the Employees’ Compensation Insurance Levies Ordinance (Cap. 411) and any sum paid to the Board under section 7(1);
(c) to process and determine applications by persons applying for compensation, direct payment of expenses or reimbursement of expenses; (Amended 16 of 2003 s. 4; 6 of 2010 s. 4)
(d) to advise the Employees’ Compensation Insurance Levies Management Board with respect to the amounts of known and anticipated claims against the Fund; (Amended 5 of 1998 s. 3)
(da) to conduct or finance educational and publicity programmes for the purpose of preventing noise-induced deafness by reason of employment; (Added 5 of 1998 s. 3. Amended 16 of 2003 s. 4)
(db) to conduct or finance programmes for the rehabilitation of persons suffering, or who have suffered, from noise-induced deafness by reason of employment; and (Added 16 of 2003 s. 4. Amended 6 of 2010 s. 4)
(e) such other functions as are assigned to it under this Ordinance.
(2) The Board may—
(a) hold, acquire, sell, lease or otherwise dispose of all kinds of property;
(b) enter into, assign or accept the assignment of, and vary any contract or obligation;
(c) meet expenditure on any item shown in the estimates of expenditure of the Board approved under section 8 of Schedule 1;
(d) subject to subsection (3), borrow or otherwise raise money on such security as may be necessary and, for that purpose, charge all or any of the property of the Board;
(e) charge fees for the use of any facility or service provided by the Board; and (Amended 5 of 1998 s. 3)
(f) (Repealed 5 of 1998 s. 3)(g) do such other things as are necessary for, or incidental or conducive to, the better carrying out of its functions.
(3) Except with the prior approval of the Financial Secretary, the Board shall not allow the aggregate sum borrowed or otherwise raised under subsection (2)(d) at any time to exceed 10% of the total estimated expenditure approved under section 8 of Schedule 1 for the current financial year.