### Buildings Energy Efficiency Ordinance 《建築物能源效益條例》

37. Hearing
(1) The Chairperson of an appeal board must notify the appellant and the Director of the date, time and place of the hearing of the appeal at least 14 days before the hearing.
(2) At any proceedings before an appeal board—
(a) the appellant may be represented by—
(i) a barrister or solicitor; or
(ii) (if the appellant is a body corporate) an individual authorized by the appellant; and
(b) the Director may be represented by—
(i) a barrister or solicitor; or
(ii) a public officer.
(3) An appeal board may engage any barrister or solicitor to attend a hearing of the board to advise it on any matter relating to the appeal.
(4) The hearing of an appeal must be open to the public unless the appeal board determines that there is a good reason for it to be held in camera.
(5) An appeal board may, by a notice signed by the Chairperson and issued to a person—
(a) direct the person to attend before the board and to give evidence; or
(b) direct the person to produce documents.
(6) A person who fails to comply with a direction under subsection (5) commits an offence and is liable on conviction to a fine at level 5.
(7) Despite subsection (5), no person to whom a direction is given under that subsection is required to give any evidence or produce any document which tends to incriminate himself or herself.

38. Appeal board may authorize inspection of building services installation
(1) If an appeal board reasonably believes that a building services installation is relevant to the determination of an appeal, the board may, by an authorization signed by the Chairperson of the board—
(a) authorize a person to inspect the installation; and
(b) authorize the person to enter any unit that is not for residential use for the purposes of the inspection.
(2) A person who, without reasonable excuse, obstructs a person authorized under subsection (1) in the inspection commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

39. Determination of appeal
(1) An appeal board may—
(a) confirm, vary or revoke the decision or direction appealed against; or
(b) substitute its own decision or direction for the decision or direction appealed against.
(2) An appeal board may make any order that it thinks fit with regard to the payment of—
(a) costs or expenses of the appeal proceedings; or
(b) costs or expenses of the Director or any other person in the proceedings.
(3) The costs and expenses ordered to be paid under subsection (2) are recoverable as a civil debt.
(4) An appeal board must issue to the appellant and the Director a notice of its determination and the reasons for it.

### Buildings Energy Efficiency Ordinance 《建築物能源效益條例》

40. Code of practice
(1) To provide practical guidance in respect of any standard or requirement under this Ordinance, the Director may—
(a) issue any code of practice that the Director thinks fit; or
(b) approve any code of practice issued by any body or authority that the Director thinks fit.
(2) A code of practice may include—
(a) building energy efficiency standards and requirements;
(b) the requirements for assessment of the energy efficiency performance of a building services installation; and
(c) the requirements for carrying out an energy audit.
(3) The Director must—
(a) by a notice published in the Gazette identify a code of practice issued or approved under subsection (1);
(b) specify in the notice the commencement date of the code of practice; and
(c) specify the requirement under this Ordinance for which the code of practice is issued or approved.
(4) The Director may, from time to time, by a notice published in the Gazette—
(a) revise any code of practice issued under subsection (1); and
(b) approve any revision of any code of practice approved under subsection (1).
(5) A notice under subsection (4) must specify—
(a) the code of practice being revised;
(b) the commencement date of the revision; and
(c) if applicable, the requirement under this Ordinance for which the revision is made or approved.
(6) The Director may, at any time, by a notice published in the Gazette withdraw any code of practice approved under subsection (1).
(7) The Director must, before exercising the power conferred by subsection (1), (4) or (6), consult as the Director thinks fit any organizations or individuals who, in the opinion of the Director, have technical expertise or professional experience in building services installations.
(8) A notice under subsection (6) must specify the date on which the withdrawal takes effect.
(9) A reference to a code of practice is a reference to the code of practice as revised from time to time in accordance with this section.
(10) A notice under subsection (3), (4) or (6) is not subsidiary legislation.

### Buildings Energy Efficiency Ordinance 《建築物能源效益條例》

41. Admissibility of code of practice in evidence
(1) If, in any legal proceedings, the court or appeal board is satisfied that a provision of a code of practice is relevant to the determination of a matter that is in issue in the proceedings—
(a) the code of practice is admissible in evidence in the proceedings; and
(b) proof that the person contravened or did not contravene a relevant provision of the code of practice may be relied on by any party to the proceedings as tending to establish or negate the matter.
(2) In any legal proceedings, the production of a Government Printer’s copy of an issue of the Gazette in which a code of practice is identified is sufficient proof of the content of the code of practice.
(3) In this section—
court (法院) includes a magistrate;
legal proceedings (法律程序) includes proceedings before an appeal board.

42. Secretary may make regulations
(1) The Secretary may make regulations—
(a) prescribing fees payable under this Ordinance;
(b) providing for the registration and regulation of, and disciplinary matters in respect of, registered energy assessors; and
(c) providing for such matters as are necessary for giving full effect to the provisions of this Ordinance.
(2) Regulations made under subsection (1) may prescribe a penalty of a fine at level 6 and imprisonment for 1 year for an offence under the regulations.

43. Secretary may amend Schedules
(1) The Secretary may, subject to the approval of the Legislative Council, amend Schedule 1, 2, 3 or 4 by notice published in the Gazette.
(2) The Secretary may amend Schedule 5 by notice published in the Gazette.
(3) A notice made under this section may contain such incidental, consequential, supplemental, transitional or saving provisions as may be necessary or expedient in consequence of the notice.

44. Periods may be extended after expiry
A period which the Director is empowered under this Ordinance to extend may be extended either before or after its expiry.

45. Director may delegate power
The Director may in writing authorize any public officer to exercise any power vested in the Director or to perform any duty imposed on the Director by any provision of this Ordinance.

46. Director may specify forms
(1) The Director may specify any form to be used for the purposes of any provision of this Ordinance.
(2) If the Director specifies a form under subsection (1), the Director must make copies of the form available—
(a) at the office of the Electrical and Mechanical Services Department during normal office hours; and
(b) in any other manner that the Director thinks fit.