### Electricity Ordinance 《電力條例》

35. Registered electrical contractor required
(1) No person shall employ a person other than a registered electrical contractor to carry out electrical work.
(2) Notwithstanding subsection (1), a registered electrical contractor may employ a registered electrical worker to do electrical work and may employ a person to do electrical work in the circumstances specified under section 32.
(3) Notwithstanding subsection (1), an owner of an electrical installation may employ a registered electrical worker of the appropriate grade on a full time basis at a regular wage or salary to do electrical work on that installation.

36. Director may discipline or refer to disciplinary tribunal
(1) Where the Director considers that there is evidence that a registered electrical worker or a registered electrical contractor has failed to comply with this Ordinance—
(a) he may refer the matter to the Secretary for Environment and Ecology for hearing by a disciplinary tribunal; or (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(b) in accordance with section 37, he may do either or both of the following—
(i) reprimand the worker or contractor;
(ii) fine a worker up to $1,000 and a contractor up to $10,000.
(2) In accordance with section 37, the Director may cancel a registration if he considers that—
(a) the registrant obtained registration by fraud or on the basis of misleading or inaccurate information;
(b) the registration was made in error; or
(c) the registrant is no longer qualified under this Ordinance to be registered.
(3) Where a registrant without reasonable excuse fails to pay a fine imposed on him under subsection (1) or section 41 on or before the time stipulated for payment, the Director may, in accordance with section 37, suspend his registration until the fine is paid.
(4) A fine imposed under this section is recoverable as a civil debt.

### Electricity Ordinance 《電力條例》

37. Discipline procedure
(1) Where the Director considers that there are grounds for taking action under section 36(1)(b), (2) or (3) he shall notify the registrant specifying the grounds and advising the registrant that he is entitled to a hearing or to submit a written representation and that if he intends to request a hearing or submit a representation he must do so within 4 weeks after the date of the Director’s notice.
(2) Where the Director, in his notice under subsection (1) in respect of a proposed action under section 36(1)(b), states that the alleged failure, if proved or admitted, will not attract a penalty greater than that set out in the notice, the Director shall not impose a greater penalty.
(3) Where the Director does not, within 4 weeks after the date of the notice sent under subsection (1), receive from the registrant a request for a hearing, he may, after considering any written representation from the registrant, impose the appropriate penalty under section 36.
(4) Where the Director, within 4 weeks after the date of the notice sent under subsection (1), receives a request for a hearing, he shall afford the registrant a reasonable opportunity to be heard.
(5) After the hearing or, where the registrant fails without reasonable excuse to attend at the time set by the Director for the hearing, the Director may exonerate the registrant or impose the appropriate penalty under section 36.
(6) The Director shall notify the registrant of his decision and the reasons for it.

38. Disciplinary tribunal panel
(1) The Secretary for Environment and Ecology shall appoint members to a disciplinary tribunal panel based on the following numbers and categories— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(a) not more than 5 persons who are corporate members of the Hong Kong Institution of Engineers;
(b) not more than 5 persons from tertiary educational institutions;
(c) not more than 5 persons from organizations that he considers represent the interests of registered electrical contractors;
(d) not more than 5 persons from organizations that he considers represent the interests of registered electrical workers; and
(e) not more than 5 persons from organizations that he considers are representative of or promote the interests of owners of commercial, industrial or domestic electrical installations.
(2) A public officer is not eligible for appointment to the disciplinary tribunal panel.
(3) A member shall be appointed for a term of 3 years and may be reappointed at the end of a term.

### Electricity Ordinance 《電力條例》

39. Disciplinary tribunal
(1) Within 21 days after receipt of notice of a matter from the Director under section 36(1), the Secretary for Environment and Ecology shall appoint a disciplinary tribunal to hear the matter and the tribunal shall consist of one member from each category of the disciplinary tribunal panel. (Amended L.N. 106 of 2002)
(2) The members shall elect a chairman from among themselves.
(3) Each member shall be remunerated out of money provided by the Legislative Council for the purpose at a rate that the Secretary for Environment and Ecology may determine. (Amended L.N. 125 of 2004)
(Amended L.N. 130 of 2007; L.N. 144 of 2022)

40. Proceedings before the disciplinary tribunal
(1) The chairman shall notify the registrant of the time and place of its hearing into the matter.
(2) The registrant and the Director may be represented by an agent or legal representative at a proceeding before the disciplinary tribunal.
(3) A legal adviser may be present at proceedings of the disciplinary tribunal to advise the chairman on any matter.