### Buildings Ordinance 《建築物條例》

52. Representation
The following shall apply as regards appearance before the Appeal Tribunal at a hearing of an appeal (including a preliminary hearing held under section 49)—
(a) a party (whether the Building Authority or any other party) may—
(i) be present and make representations;
(ii) be represented either by counsel or a solicitor, or with the approval of the Chairman, by any other person authorized for the purpose by the party concerned in writing;
(b) the Building Authority may be represented by a legal officer within the meaning of the Legal Officers Ordinance (Cap. 87).

53. Inspection
(1) The Appeal Tribunal may, for the purpose of determining an appeal at any reasonable time—
(a) enter and inspect any land or premises it considers relevant for the purposes of the appeal; and
(b) make any opening on such land or premises or take such samples as it considers necessary.
(2) The Appeal Tribunal may, as regards any appeal, direct a public officer to do anything which the Appeal Tribunal may do under subsection (1).
(3) A public officer directed under subsection (2) may enter any land or premises which the Appeal Tribunal considers relevant for the purposes of an appeal and remove anything obstructing—
(a) his access to or inspection of the land or premises and make such openings or take such samples as the Appeal Tribunal considers necessary for the purposes of the appeal; or
(b) the access of the Appeal Tribunal to such land or premises for the purposes of subsection (1).

53A. Immunity
(1) The Chairman or a member of an Appeal Tribunal performing any function under or pursuant to this Part shall have the same privileges and immunities a judge of the Court of First Instance has in relation to civil proceedings in that court.
(2) A party to any hearing of an appeal (including a preliminary hearing held under section 49) or any witness, counsel, solicitor or legal officer appearing before an Appeal Tribunal shall have the same immunities or privileges such a party, witness, counsel, solicitor or legal officer respectively would have had in relation to civil proceedings in the Court of First Instance.
(Amended 25 of 1998 s. 2)

53B. Offences in respect of Appeal Tribunal
Any person who—
(a) refuses or fails without reasonable excuse to comply with any lawful order, requirement or direction made or given by the Appeal Tribunal or the Chairman; or
(b) disturbs or otherwise interferes with the proceedings of the Appeal Tribunal,
commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months.
(Amended 20 of 2008 s. 30)

### Buildings Ordinance 《建築物條例》

53C. Case stated
(1) The Appeal Tribunal hearing an appeal may by way of a case stated refer to the Court of Appeal for its decision any question of law relating to the appeal.
(2) A case stated under subsection (1) shall be so stated before the Appeal Tribunal determines the appeal and be signed by the Chairman and the Tribunal shall not determine the relevant appeal until the decision of the Court of Appeal has been given.
(3) Where the Court of Appeal decides a case stated under this section it shall cause a copy of the case together with a copy of its decision, to be sent to the Chairman and the Chairman shall, where appropriate, reconvene the relevant Appeal Tribunal which when reconvened shall determine the relevant appeal.

53D. Chairman’s power to determine procedure
The Chairman may, as regards a particular hearing, determine the procedure in relation to a matter if provision has not been made in this Part or regulations under section 38(1B) for the procedure in respect thereof.

53E. Interpretation
In this Part—
amending Ordinance (修訂條例)—
(a) in relation to the definition of relevant date

53G. Preservation of right of appeal and determination of pending applications
(1) Where a person, immediately before the relevant date, has a right of appeal from a decision as regards which he would have had a right of appeal under section 44, had the decision been made after the relevant date (appealable decision

53H. Inclusion of certain registered professional engineers in geotechnical engineers’ register
Notwithstanding section 3(7), the Building Authority shall, on payment by a registered professional engineer referred to in section 3(5CA)(a) of the prescribed fees for inclusion and retention of his name in the geotechnical engineers’ register, publish in the Gazette and include in the geotechnical engineers’ register the name of the registered professional engineer, and section 3(9B) to (16) shall apply accordingly as if his name were included in the geotechnical engineers’ register under section 3.
(Added 15 of 2004 s. 33. Amended 20 of 2008 s. 31)

### Building (Oil Storage Installations) Regulations 《建築物(貯油裝置)規例》

1. Citation
These regulations may be cited as the Building (Oil Storage Installations) Regulations.

2. Interpretation
(1) In these regulations, unless the context otherwise requires—
associated works (相關設施), in relation to an oil storage installation, includes the bunded area and the drainage system of such installation and any pipe-lines within the bunded area, together with any receipt and issue pipe-lines to related jetties, and any surface water drainage system related to the installation; (L.N. 41 of 1993)
bunded area (堤壆保護區) means an area completely surrounded by bund walls or embankments for the retention of spillage from any tank within the area;
licence (牌照) means a licence granted or renewed under these regulations;
licensee (持牌人) means the holder of a licence; 
operation instructions (操作指示) means instructions relating to the operation and management of an oil storage installation and its associated works; (L.N. 41 of 1993)
Standing Advisory Committee (常務諮詢委員會) means the Standing Advisory Committee established by regulation 4;
(2) (Repealed L.N. 41 of 1993)(L.N. 41 of 1993)

3. Oil storage installations to be designed and constructed to minimise risks of pollution, etc.
Every oil storage installation and its associated works, and any alterations and additions thereto, shall be so designed and constructed as to minimise the risk of environmental pollution, fire and explosion arising from or associated with the storage of petroleum products.
(L.N. 41 of 1993; L.N. 349 of 1993)

### Building (Oil Storage Installations) Regulations 《建築物(貯油裝置)規例》

4. Standing Advisory Committee
(1) There is hereby established a Standing Advisory Committee to advise the Building Authority on such matters relating to oil storage installations and associated works as the Building Authority may from time to time refer to the Committee, including any of the following matters—
(a) matters relating to the prevention of environmental pollution, fire and explosion arising from or associated with the operation of oil storage installations and associated works;
(b) the remedial work or other measures required to reduce the risk of such pollution, fire and explosion at any oil storage installation;
(c) (Repealed L.N. 41 of 1993)(d) the regular review of the means of achieving the requirements of these regulations. (L.N. 41 of 1993)
(2) The Standing Advisory Committee shall consist of such number of persons as the Building Authority may appoint to be members thereof, and each member shall hold office for such period as the Building Authority may in his discretion determine:
Provided that a member may resign at any time by notice in writing addressed to the Building Authority.
(3) The Standing Advisory Committee shall meet as often as may be necessary for the consideration of matters referred to the Committee under this regulation or as the Building Authority may, by notice in writing to each member, direct. (L.N. 41 of 1993)
(4) The procedure of the Standing Advisory Committee shall be such as the Building Authority may determine. (L.N. 336 of 1990)

5. Licensing of oil storage installations
No person shall store or cause or permit to be stored any petroleum products in any oil storage installation without a licence in respect thereof or otherwise than in accordance with the terms or conditions of such licence.
(L.N. 349 of 1993)