### Gas Safety Ordinance 《氣體安全條例》

13AA. Ancillary provisions in relation to improvement notices
(1) Without prejudice to the generality of section 13(2), an improvement notice—
(a) may include instructions as to repairs or alterations to be effected to a notifiable gas installation (whether constructed before, on or after the commencement* of this section) the subject of the contravention or matter to which the notice relates if, but only if, the Authority states in the notice that he is satisfied that the repairs or alterations are necessary for the proper maintenance and operation of the installation for the prevention of fire, explosion or other danger arising from the installation;
(b) shall, where paragraph (a) is applicable, afford the person on whom the notice is served the choice of decommissioning the installation as an alternative to effecting the repairs or alterations.
(2) Where a person on whom an improvement notice is served to which subsection (1) applies fails to effect the repairs or alterations to, or to decommission, the notifiable gas installation the subject of the contravention or matter to which the notice relates, then the Authority—
(a) may, with or without notice to the person—
(i) effect the repairs or alterations to the installation; or
(ii) decommission the installation until such time, if any, as the repairs or alterations are effected;
(b) shall, where paragraph (a)(ii) is applicable, prominently display on or near the installation a notice, in the Chinese and English languages—
(i) stating that the installation has been decommissioned by the Authority under this Ordinance; and
(ii) setting out the provisions of subsection (3) and section 27(1A) and (1B).
(3) No person shall without the consent in writing of the Authority—
(a) either—
(i) put a notifiable gas installation into service; or
(ii) supply gas to the installation,
where he knows or ought reasonably to know that the installation has been decommissioned by the Authority under this Ordinance; or
(b) remove or mark, or damage or destroy, a notice referred to in subsection (2)(b).
(4) Where under subsection (2)(a) the Authority has effected any repairs or alterations to, or the decommissioning of, a notifiable gas installation, the expenses thereof shall—
(a) be borne by the person or whom the improvement notice concerned was served;
(b) be recoverable from the person as a civil debt due to the Government.
(Added 22 of 1996 s. 5) Editorial Note:
* Commencement date: 1 April 1991.

### Gas Safety Ordinance 《氣體安全條例》

14. Obtaining of information by the Authority
For the purposes of obtaining any information which the Authority is of the opinion that he needs for the exercise of his functions under this Ordinance, the Authority may serve on any registered person, owner of a gas installation referred to in section 8(2)(a)(iv) or owner of a gas vehicle a notice requiring such person or owner to furnish to the Authority such information about such matters as are specified in the notice, and to do so in such form and manner and within such period as are specified in that notice.

15. Restrictions on disclosure of information
(1) Except in the exercise of a function under this Ordinance or in carrying a provision of this Ordinance into effect, a person appointed under this Ordinance or who exercises or assists any other person in the exercise of a function under this Ordinance—
(a) shall preserve and aid in preserving secrecy with regard to any matter coming to his knowledge in the exercise of a function under this Ordinance or assisting any other person in the exercise of a function under this Ordinance;
(b) shall not communicate any such matter to any other person; and
(c) shall not suffer or permit any other person to have access to any record or other document which is in his possession or under his control by virtue of his—
(i) appointment under this Ordinance; or
(ii) exercising or assisting any other person in the exercise of a function under this Ordinance.
(2) Subsection (1) shall not apply to a disclosure by the Authority of information—
(a) in the form of a summary compiled from similar or related information provided by persons under any requirement under this Ordinance if the summary is so compiled as to prevent particulars relating to the business or identity, or the trading particulars, of any such person being ascertained from it;
(b) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings or investigation, whether under this Ordinance or otherwise, in Hong Kong; or
(c) in connection with any civil proceedings arising out of this Ordinance.

16. Interpretation
In this Part, appeal (上訴) means any appeal under any provision of this Ordinance which specifies that an appeal against a decision or action taken by the Authority, specified or referred to in that provision, may be made to the appeal board.

### Gas Safety Ordinance 《氣體安全條例》

17. Appeal board panel
(1) The Secretary may appoint persons to be the members of an appeal board panel in accordance with the following numbers and categories—
(a) not less than 3 persons who represent the interests of consumers of gas;
(b) not less than 3 persons who are corporate members of the Hong Kong Institution of Engineers;
(c) not less than 3 persons from tertiary educational institutions;
(d) not less than 3 persons who represent the interests of persons who as a business import, manufacture or supply town gas or natural gas;
(e) not less than 3 persons who represent the interests of persons who as a business import, manufacture or supply liquefied petroleum gas;
(f) not less than 3 persons who represent the interests of persons who as a business carry out work referred to in section 8(2)(a)(iii) which relates to the supply of town gas or natural gas; and
(g) not less than 3 persons who represent the interests of persons who as a business carry out work referred to in section 8(2)(a)(iii) which relates to the supply of liquefied petroleum gas.
(2) A public officer is not eligible for appointment to the panel.
(3) A member of the panel may resign at any time by notice in writing delivered to the Secretary and the Secretary may at any time and for any reason revoke the appointment of any person as a member of the panel.
(4) An appointment under subsection (1) shall be notified in the Gazette.

18. Appeal board
(1) The Secretary shall, not later than 30 days after an appeal is made, appoint an appeal board to hear the appeal.
(2) The appeal board shall consist of—
(a) a public officer who does not work in the same department of the Government as the Authority; and
(b) one member from each category of the panel.
(3) Subject to subsection (4), the members of the appeal board shall elect a chairman from among themselves.
(4) No member of the appeal board shall be the chairman of the appeal board at any hearing of an appeal in respect of which such member has made a disclosure under section 19(2).
(5) The quorum at any meeting of the appeal board shall be 6 members.