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

36. Improvement orders
(1) If the Director has reasonable grounds to believe that—
(a) any provision of this Ordinance has been contravened or is being contravened in relation to a lift or any associated equipment or machinery of a lift;
(b) a lift or any associated equipment or machinery of a lift is in a state that will cause or be likely to cause a risk of injury to any person or damage to any property;
(c) any lift works have been carried out or are being carried out in a manner that will cause or be likely to cause a risk of injury to any person or damage to any property; or
(d) it is otherwise desirable to do so in the interest of safety,

the Director may by order served on the related person of the lift direct the person to carry out any work specified in the order, in order to rectify or remedy or otherwise put an end to the contravention or to eliminate or reduce any risk of injury to any person or damage to any property.
(2) An order made under subsection (1) may specify the manner in which, and the time within which, any work specified in the order must be carried out or completed.
(3) An order made under subsection (1)—
(a) must be in the specified form;
(b) must state—
(i) the reasons for making the order; and
(ii) the date before which the work must be completed; and
(c) may contain any conditions the Director may reasonably impose.
(4) If a person on whom an order is served under subsection (1), without reasonable excuse, contravenes the order, the person commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months and, if the offence is a continuing offence, to a fine of $2,000 for each day during which the offence continues.
(5) In this section—
related person (有關連人士), in relation to a lift, means—
(a) the responsible person for the lift;
(b) the registered lift contractor (if any) who undertakes the lift works to which the order relates; or
(c) the registered lift engineer (if any) who engages in the lift works to which the order relates.

Note—See also section 2(4).

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

37. Director’s power to remove lifts or to carry out other works, etc. in case of non-compliance with section 32 or 35
(1) If an order made under section 32, other than an order made on the ground mentioned in section 32(1)(a), is contravened, the Director may without any notice to the responsible person for the lift carry out any work and provide any service necessary for carrying out the work, to ensure that the order will be complied with.
(2) If an order made under section 35 is contravened, the Director may without any notice to the responsible person for the lift—
(a) remove the lift or any part of the lift, or any associated equipment or machinery of the lift, to remedy the contravention; and
(b) carry out any work and provide any service necessary for carrying out the work to remedy the contravention.
(3) In any case, if there are reasonable grounds to believe that—
(a) it is necessary to do so to eliminate or reduce any grave or imminent risk of injury to any person or damage to any property; or
(b) it is otherwise necessary to do so in the interest of safety, 

the Director may without notice to the responsible person for the lift carry out any work in relation to the lift, and provide any service necessary for carrying out the work.

38. Subcontracting restricted
(1) Except with the written approval of the Director, a registered lift contractor who undertakes any lift works must not subcontract the works or any part of the works to any other person who is not a registered lift contractor.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 12 months.
(3) This section does not apply to any works concerning the installation or demolition of a lift.

39. Display of use permits
(1) The responsible person for a lift, other than a lift specified in Schedule 4, that has a car must ensure that the use permit for the time being in force in respect of the lift is displayed at all times in a conspicuous position in the car of the lift.
(2) The responsible person for any other lift must ensure that the use permit for the time being in force in respect of the lift is displayed at all times in a conspicuous position adjacent to the landing or, if there is more than one landing, the main landing of the lift.
(3) A person who, without reasonable excuse, contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 3.

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

40. Incidents to be reported to Director
(1) If there is an incident relating to a lift, the responsible person for the lift must within 24 hours after the incident comes to the person’s knowledge, notify in writing the Director and the following person of the incident—
(a) the registered lift contractor who currently undertakes any lift works in respect of the lift; or
(b) if paragraph (a) does not apply, the registered lift contractor who most recently has undertaken any lift works in respect of the lift.
(2) Subject to subsection (3), the registered lift contractor who is notified under subsection (1) must—
(a) cause a registered lift engineer to investigate the incident and to prepare and complete, within 7 days after the date on which the contractor is notified under subsection (1), a full report of the investigation that complies with any regulation made under section 154; and
(b) submit to the Director the report within the period specified in paragraph (a).
(3) If for any reason the contractor who is notified under subsection (1) is of the opinion that a full report is unable to be submitted as required under subsection (2), the contractor must—
(a) notify in writing the Director of the fact within 3 days after the date on which the contractor is notified under subsection (1);
(b) cause the registered lift engineer referred to in subsection (2)—
(i) to prepare and complete, within the period specified in paragraph (a), a preliminary report of the investigation that complies with any regulation made under section 154; and
(ii) to prepare and complete, within 14 days after the date on which the incident occurs or a longer period that the Director may approve, a full report of the investigation that complies with any regulation made under section 154; and
(c) submit to the Director—
(i) the preliminary report within the period specified in paragraph (a); and
(ii) the full report within the period within which the report is required to be completed under paragraph (b)(ii).
(4) A person who, without reasonable excuse, contravenes subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 3.