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

121. Privileges and immunities of members of appeal board, etc.
(1) The chairperson of an appeal 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 an appeal 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.

122. Appeal to Court of First Instance on point of law
(1) Subject to subsection (2), a decision of an appeal board is final and is not subject to further appeal.
(2) A person aggrieved by the decision of an appeal board may appeal to the Court of First Instance against the decision on a point of law.
(3) Unless the appeal board decides otherwise, an appeal made under subsection (2) does not affect the decision or order that is the subject of the appeal.
(4) The Court may—
(a) confirm the decision of an appeal board;
(b) reverse or vary the decision appeal against; or
(c) remit the matter in question to the appeal board concerned with any directions it considers appropriate.
(5) If the Court decides to reverse or vary the decision of an appeal board, the Court may order—
(a) the person whose decision or order is the subject of the appeal in relation to which the appeal board’s decision is made; and
(b) the Registrar (if appropriate),

to take any appropriate action to give effect to the Court’s decision, and the person and the Registrar must comply with the order of the Court accordingly.

123. Director’s power to authorize persons to personally carry out any lift works or escalator works
The Director may in writing authorize any person who is not a qualified person to personally carry out any lift works or escalator works if, having regard to the particular circumstances of the case, the Director is satisfied that it is consistent with the interest of safety and is appropriate to do so.

124. Appointment of enforcement officers
The Director may in writing appoint any public officer attached to the Electrical and Mechanical Services Department to be an enforcement officer for the purposes of this Ordinance.

125. Delegation
The Director may in writing delegate to a public officer attached to the Electrical and Mechanical Services Department any of the functions of the Director under this Ordinance.

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

127. Protection of public officers
(1) A public officer, or a person acting under the direction of a public officer, does not incur any personal liability for anything done or omitted to be done by the officer or the person in good faith in the execution or purported execution of this Ordinance.
(2) The protection conferred by subsection (1) does not affect any liability in tort of the Government for the thing done or omitted to be done by the public officer or the person.

128. Powers to obtain documents and information
(1) If the Director has reasonable grounds to believe that a person has, or may have in the person’s possession or control, any document or information that the Director may reasonably require for the purposes of performing any function of the Director under this Ordinance, the Director may by notice in writing request the person to produce or provide the document or information.
(2) The Director may also specify in the notice—
(a) the time and place at which any document or information is to be produced or provided; and
(b) the manner and form in which any document or information is to be produced or provided.
(3) A person who, without reasonable excuse, fails to comply with a request under this section commits an offence and is liable on conviction to a fine at level 3 and, if the offence is a continuing offence, to a fine of $1,000 for each day during which the offence continues.

129. Power to enter non-domestic premises for purposes of section 41 or 71
(1) For the purposes of carrying out an investigation under section 41 or 71, an enforcement officer may without a warrant enter any premises, other than domestic premises, at or in which the lift or escalator concerned is situated or is installed or being installed.
(2) After entering any premises under subsection (1), the officer may exercise any or all of the following powers at the premises—
(a) to require access to and the examination of the lift or escalator;
(b) to require the production or provision of and examine any permit, certificate or other document relating to the lift or escalator;
(c) to require the production or provision of and examine any other document or thing or any information that the officer has reasonable grounds to believe to be relevant to the investigation;
(d) to take and make copies of any permit, certificate, document or information referred to in paragraph (b) or (c);
(e) to seize, remove and detain anything that the officer has reasonable grounds to believe to be relevant to the investigation;
(f) to take any photograph of anything referred to in paragraph (a), (b), (c), (d) or (e).
(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》

130. Power to enter non-domestic premises for purposes of section 111(1)(d) or 119(1)(d)
(1) A person authorized under section 111(1)(d) or 119(1)(d) may without a warrant—
(a) enter at any reasonable time any premises, other than domestic premises, at or in which the lift or escalator concerned is situated or is installed or being installed, or at which the lift works or escalator works concerned have been or are being carried out; and
(b) exercise the power conferred under that section.
(2) 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.

131. Power to enter non-domestic premises etc. for routine checking
(1) For the purposes of ascertaining whether Part 2 or 3 is or is being complied with, an enforcement officer may, without a warrant enter at any reasonable time any premises, other than domestic premises, at or in which a lift or escalator is situated or is installed or being installed, or at which any lift works or escalator works have been or are being carried out.
(2) After entering any premises under subsection (1), an enforcement officer may, in addition to any other power of the officer under any other provision of this Ordinance, exercise any or all of the following powers at the premises—
(a) to require access to and the examination of the lift or escalator;
(b) to require access to the place at which any lift works or escalator works have been or are being carried out and the inspection of any lift works or escalator works that are being carried out at the premises;
(c) to require the production or provision of and examine any permit, certificate or other document relating to the lift, escalator, lift works or escalator works mentioned in paragraph (a) or (b);
(d) to require the production or provision of and examine any other document or thing or any information that the officer has reasonable grounds to believe to be relevant to an offence under Part 2 or 3;
(e) to take and make copies of any permit, certificate, document or information referred to in paragraph (c) or (d);
(f) to seize, remove and detain anything that the officer has reasonable grounds to believe to be relevant to an offence under Part 2 or 3;
(g) to take any photograph of anything referred to in paragraph (a), (b), (c), (d), (e) or (f).
(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.