### Lifts and Escalators Ordinance 《升降機及自動梯條例》

109. Referral of complaints to Secretary
(1) A complaint alleging a disciplinary offence against a registered person may be made—
(a) by the Director; or
(b) by any other person by submitting the complaint to the Director.
(2) A complaint under subsection (1) must be in the specified form and must include details of the complaint.
(3) The Director must refer to the Secretary a complaint made under subsection (1) and, if it is a complaint made under subsection (1)(b), subject to subsection (4), must do so within 30 days after the date of receipt of the complaint.
(4) The Director may refuse to refer a complaint submitted to the Director under subsection (1)(b) if—
(a) the complaint is made anonymously;
(b) the complainant cannot be identified or traced;
(c) the complainant fails to provide any information or particulars the Director reasonably requires in relation to the complaint;
(d) the person being complained of has ceased to be a registered person;
(e) the Director has previously refused to refer the complaint, or a complaint of a substantially similar nature, to the Secretary under this section;
(f) the complaint, or a complaint of a substantially similar nature, has previously been disposed of by a disciplinary board and the board decided that the person being complained of did not commit the disciplinary offence; or
(g) having regard to all circumstances of the case—
(i) the Director is satisfied that on its face no case has been shown for the complaint;
(ii) the Director is satisfied that the complaint is frivolous or vexatious or not made in good faith;
(iii) the Director is satisfied that—
(A) the complaint was made after the specified period; and
(B) there are no special circumstances that explain the delay in making the complaint; or
(iv) the Director is satisfied for any other reason that referring the complaint to the Secretary is unnecessary.
(5) If the Director decides to refuse to refer to the Secretary a complaint submitted to the Director under subsection (1)(b), the Director must notify in writing the complainant of the fact and the reasons for the decision.
(6) In subsection (4)(g)(iii)—
specified period (指明限期), in relation to a complaint alleging a disciplinary offence against a registered person, means the period—
(a) beginning on the date on which the alleged disciplinary offence comes to the knowledge of the complainant (relevant date

110. Establishment, composition, meetings and proceedings of disciplinary board, etc.
(1) Within a period of 21 days beginning on the date on which a complaint is referred to the Secretary under section 109, the Secretary must establish a disciplinary board to consider the complaint.
(2) Schedule 12 has effect with respect to a disciplinary board required to be established under subsection (1).

### Lifts and Escalators Ordinance 《升降機及自動梯條例》

111. Hearing of complaints alleging disciplinary offences against registered persons
(1) For the purposes of a hearing, the disciplinary board may—
(a) receive evidence on oath;
(b) by notice signed by the chairperson of the board, order any person to attend before the board and to give evidence;
(c) by notice signed by the chairperson of the board, order any person to produce any document or information relevant to the complaint in respect of which the hearing is conducted; and
(d) authorize any person to inspect—
(i) the lift or escalator concerned, or the lift works or escalator works concerned; and
(ii) the premises at or in which the lift or escalator is situated or is installed or being installed, or at which the lift works or escalator works have been or are being carried out.
(2) A person who, without reasonable excuse, contravenes an order under subsection (1)(b) or (c) commits an offence and is liable on conviction to a fine at level 5.
(3) In this section, a reference to a lift or escalator includes any part of the lift or escalator and any associated equipment or machinery of the lift or escalator.

### Lifts and Escalators Ordinance 《升降機及自動梯條例》

112. Supplementary provisions to section 111
(1) After a hearing is completed, the disciplinary board may—
(a) if the board determines that the registered person concerned has not committed the disciplinary offence alleged in the complaint, order that the person be exonerated; or
(b) if the board determines that the registered person concerned has committed the disciplinary offence alleged in the complaint, make one or more of the following orders—
(i) order that the person be reprimanded;
(ii) if the person has committed the offence in the capacity of a registered lift contractor or registered escalator contractor, order that the person be fined a sum of not more than $100,000;
(iii) if the person has committed the offence in the capacity of a registered lift engineer, registered escalator engineer, registered lift worker or registered escalator worker, order that the person be fined a sum of not more than $10,000;
(iv) order the Registrar to cancel or suspend the registration of the person.
(2) The board may make any order that it thinks fit with regard to the payment of costs and expenses of the hearing, including the costs and expenses of the parties to the hearing.
(3) All costs, expenses and fine ordered to be paid under this section are recoverable as a civil debt.
(4) If the board decides to make an order under this section, the board must notify in writing the parties to the hearing of—
(a) the decision;
(b) the reasons for the decision; and
(c) in relation to an order under subsection (1)(b)(iv), the details of the order.
(5) If the board makes an order under subsection (1)(b)(iv), the Registrar must comply with the order and cancel or suspend the registration concerned accordingly.

### Lifts and Escalators Ordinance 《升降機及自動梯條例》

113. Publication of disciplinary orders
(1) A disciplinary board that has decided (original decision) to make an order under section 112(1)(b) may after the relevant date order that its original decision and, if the original decision is appealed against under Part 6, the decision of the authority hearing the appeal be published in the Gazette or in any other publication specified by the board, in the manner the board thinks fit.
(2) An order made under subsection (1) may include any particulars the disciplinary board considers appropriate to acquaint a member of the public with the nature of the matter to which the original decision relates.
(3) For the purposes of the law of defamation, a person does not incur any civil liability by reason only of publishing an order or other particulars permitted under this section.
(4) In this section—
relevant date (有關日期) means—
(a) if the original decision is not appealed against under section 115, the last day of the period within which a notice of appeal may be given under section 117(2);
(b) if the original decision is appealed against under section 115—
(i) subject to subparagraph (ii), the date on which the appeal board makes its decision in respect of the appeal; or
(ii) if an appeal is made under section 122 to the Court of First Instance, the date on which the Court makes its decision in respect of the appeal.

114. Privileges and immunities of members of disciplinary board, etc.
(1) The chairperson of a disciplinary board and every other member of the board have, in the performance of their functions under this Part, the same privileges and immunities as a judge of the Court of First Instance in civil proceedings in that Court.
(2) Any person who appears before a disciplinary board, including a party to a hearing and any representative of the party, is entitled to the same privileges and immunities as the person would have in civil proceedings in the Court of First Instance.