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

22. Energy audit requirement
(1) The owner of a building must cause an energy audit to be carried out in accordance with this section at intervals no longer than 10 years in respect of the central building services installations of the building.
(2) The first energy audit for the central building services installations of a building issued with a Certificate of Compliance Registration must be carried out within 10 years after the building is first issued with a Certificate of Compliance Registration.
(3) The first energy audit for the central building services installations of a building without a Certificate of Compliance Registration must be carried out according to the schedule specified in Schedule 5.
(4) An energy audit must be carried out—
(a) by a registered energy assessor; and
(b) in accordance with a code of practice.
(5) A registered energy assessor who carries out an energy audit in respect of a building must, within 30 days after issuing an Energy Audit Form, send a copy of the Energy Audit Form and an energy audit report on the audit to the Director.
(6) An Energy Audit Form issued under subsection (5) must—
(a) be in the specified form; and
(b) be accompanied by the documents specified in the form.
(7) An Energy Audit Form issued in respect of a building ceases to have effect on the issue of another Energy Audit Form in respect of the building.
(8) An owner of a building who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5.
(9) A registered energy assessor who contravenes subsection (5) commits an offence and is liable on conviction to a fine at level 3.

23. Owner to exhibit Energy Audit Form
(1) The owner of a building in respect of which an Energy Audit Form is in force must exhibit a copy of the form in a conspicuous position at the main entrance of the building.
(2) An owner who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5.

24. Duplicate of Energy Audit Form available
(1) The Director may, on an application by the owner of a building, issue to the applicant a duplicate of the copy of an Energy Audit Form issued in respect of the building.
(2) An application under subsection (1) must—
(a) be in the specified form; and
(b) be accompanied by the prescribed fee and the documents specified in the form.

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

25. Exemption from energy audit requirement
(1) The owner of a building may apply to the Director for an exemption of any building services installation in the building from the requirement under section 22.
(2) An application under subsection (1) must be in writing.
(3) The Director may, on an application under subsection (1), grant an exemption from the requirement under section 22 in respect of any building services installation if the Director is satisfied that it is, for heritage conservation or technical or operational reasons, undesirable or impracticable for the installation to comply with the requirement.
(4) An exemption may be granted under subsection (3) in respect of all building services installations covered by an application or any of the installations.
(5) An exemption granted under subsection (3) may be subject to any condition that the Director thinks fit.
(6) If—
(a) an exemption granted under subsection (3) is subject to any condition under subsection (5) and the condition is contravened; or
(b) the ground on which the exemption was granted no longer exists,
the Director may, by a notice issued to the owner concerned, withdraw the exemption.
(7) A notice under subsection (6) must not take effect before the expiry of 28 days after the day on which it is issued.

26. Director may issue improvement notice
(1) The Director may issue an improvement notice to the developer or owner of a prescribed building, the owner of a common area of a prescribed building or the responsible person of a unit of a prescribed building if the Director is of the opinion that the developer, owner or responsible person—
(a) is contravening a requirement under this Ordinance; or
(b) has contravened a requirement under this Ordinance in circumstances that make it likely that the contravention will continue or be repeated.
(2) An improvement notice issued to a person must—
(a) state the Director’s opinion referred to in subsection (1);
(b) specify the requirement that is being or has been contravened; and
(c) contain a direction directing the person to remedy the contravention within the period specified in the notice.
(3) An improvement notice may contain directions about measures to be taken which may be framed wholly or partly by reference to any code of practice.
(4) The Director may amend or withdraw an improvement notice by issuing a notice to the developer, owner or responsible person concerned.
(5) A person who contravenes any direction contained in an improvement notice under subsection (2) or (3) commits an offence and is liable—
(a) on conviction to a fine at level 4; and
(b) in the case of a continuing offence, to a further fine of $1,000 for every day during which the offence continues.
(6) If, after an improvement notice has been issued to a developer, owner or responsible person (the former party

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

27. Authorized officers
The Director may appoint any public officer in the Electrical and Mechanical Services Department at or above the rank of Assistant Building Services Inspector as an authorized officer.

28. Authorized officers to prove identity
An authorized officer must, if so requested, produce written proof of his or her identity as an authorized officer before exercising any power conferred on an authorized officer by this Ordinance.

29. Powers of authorized officers
(1) An authorized officer may, for the purposes of ascertaining whether this Ordinance has been or is being complied with—
(a) subject to subsection (3), enter during reasonable hours any part of a prescribed building (including a prescribed building under construction) that is not for residential use;
(b) inspect, examine, monitor and test any building services installation in a prescribed building;
(c) require the responsible person of any prescribed building or any unit of a prescribed building or any person who has been involved in the installation of any building services installation in any prescribed building to produce—
(i) any document relating to the building services installations in the building including any drawing, test record on the energy efficiency performance of the building services installations, purchasing order and works contract; or
(ii) any other document, information or article that the officer reasonably believes to be relevant to an offence or a suspected offence under this Ordinance; and
(d) take a copy of any drawing, record, order, contract, document or information referred to in paragraph (c).
(2) An authorized officer may take with him or her any assistant and equipment as may be necessary for the exercise of any power under subsection (1).
(3) The power conferred by subsection (1)(a) may not be exercised unless—
(a) the Director has given at least 14 days’ notice to the responsible person of the relevant part of the prescribed building;
(b) the Director has given shorter notice to which the responsible person agrees; or
(c) the responsible person agrees to waive any notice.
(4) A notice given under subsection (3) must state the reason for the proposed entry.
(5) A person who, without reasonable excuse—
(a) fails to comply with a requirement made under subsection (1)(c); or

(b) obstructs any authorized officer or any assistant referred to in subsection (2) in the exercise of any power under this Ordinance,
commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.
(6) A person who, in purported compliance with a requirement made under subsection (1)(c), knowingly or recklessly provides any false or misleading information commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 6 months.

30. Registration of registered energy assessor
The Director may, on an application, register as a registered energy assessor any person who meets the criteria provided for in the regulation made under section 42.