### Gas Safety Ordinance 《氣體安全條例》

9. Approval of codes of practice by the Authority
(1) For the purpose of providing practical guidance in respect of any requirements under this Ordinance, the Authority may—
(a) approve and issue such codes of practice (whether prepared by him or not) as in his opinion are suitable for that purpose; and
(b) approve such codes of practice issued or proposed to be issued otherwise than by him as in his opinion are suitable for that purpose.
(2) Where a code of practice is approved under subsection (1), the Authority shall, by notice in the Gazette—
(a) identify the code concerned and specify the date on which its approval is to take effect; and
(b) specify for which of the requirements under this Ordinance the code is so approved.
(3) The Authority may—
(a) from time to time revise the whole or any part of any code of practice prepared by him in pursuance of this section; and
(b) approve any revision or proposed revision of the whole or any part of any code of practice for the time being approved under this section,
and the provisions of subsection (2) shall, with the necessary modifications, apply in relation to the approval of any revision under this subsection as they apply in relation to the approval of a code of practice under subsection (1).
(4) The Authority may at any time withdraw his approval from any code of practice approved under this section.
(5) Where under subsection (4) the Authority withdraws his approval from a code of practice approved under this section, he shall, by notice in the Gazette, identify the code concerned and specify the date on which his approval of it is to cease to have effect.
(6) References in this Ordinance to an approved code of practice are references to that code as it has effect for the time being by virtue of any revision of the whole or any part of it approved under this section.
(7) The power of the Authority under subsection (1)(b) to approve a code of practice issued or proposed to be issued otherwise than by him shall include power to approve a part of such a code and, accordingly, in this Ordinance code of practice (工作守則) may be read as including a part of such a code.

### Gas Safety Ordinance 《氣體安全條例》

10. Use of approved codes of practice in criminal proceedings
(1) A failure on the part of any person to observe any provision of an approved code of practice shall not of itself render him liable to any civil or criminal proceedings but where in any criminal proceedings a party is alleged to have committed an offence by reason of a contravention of a requirement under this Ordinance, being a requirement for which there was an approved code of practice at the time of the alleged contravention, subsection (2) shall have effect with respect to such code in relation to those proceedings.
(2) Any provision of a code of practice which appears to a magistrate or court to be relevant to a requirement under this Ordinance alleged to have been contravened shall be admissible in evidence in the criminal proceedings concerned and if it is proved that there was at any material time a failure to observe any provision of the code which appears to the magistrate or court to be relevant to any matter which it is necessary for the prosecution to prove in order to establish a contravention of such requirement, that matter shall be taken as proved unless the magistrate or court is satisfied that such requirement was in respect of that matter complied with otherwise than by way of observance of that provision.
(3) In any criminal proceedings, a code of practice which appears to a magistrate or court to be the subject of a notice under section 9(2) shall be taken to be the subject of such notice unless the contrary is proved.

11. Appointment of inspectors
(1) The Authority may, by notice in the Gazette, appoint public officers not below the prescribed rank to be gas safety inspectors for the purposes of this Ordinance.
(2) The Authority shall issue to each person who is an inspector a certificate in the approved form as evidence of his appointment as an inspector.
(3) An inspector shall, if so requested when exercising or attempting to exercise any power conferred on him under this Ordinance, produce the certificate issued to him under subsection (2).
(4) The Authority may exercise any power under this Ordinance that an inspector may exercise and, for that purpose, the Authority shall be deemed to be an inspector.

### Gas Safety Ordinance 《氣體安全條例》

13. Improvement notices
(1) Where the Authority is of the opinion that a person—
(a) is contravening a requirement under this Ordinance; or
(b) has contravened such a requirement in circumstances that make it likely that the contravention will continue or be repeated,
he may serve on him a notice stating that he is of that opinion, specifying the requirement as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and directing that person to remedy the contravention or, as the case may be, the matters occasioning it within such period as is specified in that notice. (Amended 3 of 1996 s. 5)
(1A) The period specified in the improvement notice—
(a) subject to paragraph (b), shall be a period ending not earlier than the period within which an appeal against that decision may be made under this section;
(b) may be such lesser period than is specified in paragraph (a) as the Authority reasonably considers necessary in the interests of safety. (Added 3 of 1996 s. 5)
(2) An improvement notice may include instructions as to the measures to be taken to remedy any contravention or matter to which such notice relates, and any such instructions may be framed—
(a) to any extent by reference to any approved code of practice; and
(b) so as to afford the person on whom the notice is served a choice between different ways of remedying such contravention or matter.
(3) Any person aggrieved by a direction specified in an improvement notice served on him may appeal to the appeal board against such direction.
(4) An appeal under this section shall—
(a) be in writing;
(b) set out the details of or be accompanied by the improvement notice concerned;
(c) be commenced within 14 days after the improvement notice concerned was served or such further period as the Authority allows upon the request of the person upon whom that notice was served; and
(d) be delivered to the Secretary.
(5) A person who appeals under this section shall deliver to the Authority notice of, and the grounds for, the appeal.
(6) Subject to subsection (7), a direction specified in an improvement notice shall take effect immediately or on such later date, if any, as is specified in such notice, notwithstanding that an appeal has been or may be made under this section against such direction.
(7) Where—
(a) an appeal is made under this section against a direction specified in an improvement notice; and
(b) the Authority is satisfied that the matter to which such direction relates is not an imminent danger to any person or property,
the Authority shall suspend that part of such notice which contains such direction upon such terms as he thinks fit and, for that purpose, the Authority shall have such powers as are necessary to give effect to that suspension.

### Gas Safety Ordinance 《氣體安全條例》

13A. Powers of Authority where failure to comply with improvement notice
(1) Where a person fails to comply with a direction specified in an improvement notice in relation to a contravention of a requirement imposed by regulations made under section 8(2)(a)(v), the Authority may himself, with or without notice to the person, take such measures as reasonably appear to him to be necessary in the interests of safety.
(2) Without limiting the generality of subsection (1), the Authority may for the purpose of taking any measures under that subsection—
(a) enter upon the site of any works to which the improvement notice relates; and
(b) remove by force any person obstructing the Authority in the taking of those measures.
(3) The cost of any measures taken by the Authority under this section shall be recoverable by the Authority from the person who has failed to comply with the improvement notice, and shall be recoverable as a civil debt due to the Government.
(Added 3 of 1996 s. 6)