### Builders’ Lifts and Tower Working Platforms (Safety) Ordinance 《建築工地升降機及塔式工作平台(安全)條例》

26. Additional duties of owner
In addition to such other duties as are imposed on him by this Ordinance, an owner shall—
(a) ensure that a builder’s lift or tower working platform, as the case may be, is at all times operated by a competent operator;
(b) prominently display the most recent certificate of test and examination inside the lift cage or on the platform;
(c) immediately notify in writing the Director and the registered contractor whose services have been retained under section 13 where—
(i) any accident occurs, whether or not there is personal injury or property damage associated with it; or
(ii) there is a failure of any of the following—
(A) the driving machine brake;
(B) the overspeed governor;
(C) the safety gear;
(D) the overload sensing device;
(E) the suspension system including the rack and pinion suspension system or rope suspension system;
(d) ensure that a builder’s lift or tower working platform, as the case may be, is not used where he is advised by a registered contractor or registered examiner that it is not in safe working order.

### Builders’ Lifts and Tower Working Platforms (Safety) Ordinance 《建築工地升降機及塔式工作平台(安全)條例》

27. Additional duties of registered contractor
(1) In addition to such other duties as are imposed on him by this Ordinance, a registered contractor shall—
(a) ensure that no lift work for which he is responsible is carried out by a person contrary to the requirements of section 14;
(b) immediately notify the owner and the Director if he finds that a builder’s lift or tower working platform, as the case may be, does not comply with any of the relevant requirements set out in section 9 or is otherwise not in safe working order;
(c) when notified by an owner of an accident or failure under section 26(c), submit, within 7 days of being so notified, a report to the Director in the form and containing the information specified by the Director;
(d) on the request of the Director, assist in the investigation of an accident in respect of a builder’s lift or tower working platform for which he has been responsible for carrying out the lift work;
(e) provide to the Director the name and relevant qualifications of each competent worker employed by him and notify the Director of subsequent changes;
(f) notify the Director, within 14 days—
(i) when he ceases to be retained by an owner to carry out the lift work required under this Ordinance; or
(ii) of any change in his business address.
(2) Notwithstanding subsection (1)(c), where the Director is of the opinion that a full report cannot reasonably be completed within 7 days of the registered contractor being notified by the owner of an accident or failure, the Director may notify the contractor in writing that the contractor may, instead of complying with the 7 days requirement in subsection (1)(c)—
(a) submit a preliminary report to the Director within 72 hours of being notified of the accident or failure; and
(b) submit a report in accordance with subsection (1)(c) within 14 days of being notified of the accident or failure or within such longer period as the Director may specify in the notice.

28. Additional duties of registered examiner
In addition to such other duties as are imposed on him by this Ordinance, a registered examiner shall—
(a) on the request of the Director, assist in the investigation of an accident in respect of a builder’s lift or tower working platform on which he carried out the most recent test and examination;
(b) notify the Director, within 14 days, of any change of his business or residential address.

29. Duties of competent operator
A competent operator shall—
(a) ensure that the number of passengers in the lift cage or on the platform does not exceed the maximum number specified in the notice required under section 10(b);
(b) not interfere with any safety devices while operating the builder’s lift or tower working platform;
(c) operate the builder’s lift or tower working platform in accordance with the proper operating procedures laid down by the manufacturer.

### Builders’ Lifts and Tower Working Platforms (Safety) Ordinance 《建築工地升降機及塔式工作平台(安全)條例》

30. Director may discipline or refer to disciplinary tribunal
(1) Where the Director considers that there is evidence that a registered contractor or a registered examiner has failed to comply with this Ordinance—
(a) he may refer the matter to the Secretary for hearing by a disciplinary tribunal; or
(b) in accordance with section 31, he may do either or both of the following—
(i) reprimand the registered contractor or registered examiner;
(ii) impose a penalty up to $10,000 on a registered contractor or up to $1,000 on a registered examiner.
(2) In accordance with section 31, the Director may cancel a registration if he considers that—
(a) the person obtained registration by fraud or on the basis of misleading or inaccurate information;
(b) the registration was made in error; or
(c) the person is no longer qualified under this Ordinance to be registered.
(3) Where a person without reasonable excuse fails to pay a monetary penalty imposed on him under subsection (1) or section 35 on or before the time stipulated for payment, the Director may, in accordance with section 31, suspend his registration until the monetary penalty is paid.
(4) A monetary penalty imposed under this section is recoverable as a civil debt.

31. Discipline procedure
(1) Where the Director considers that there are grounds for taking action under section 30(1)(b), (2) or (3) the Director shall notify the registered contractor or registered examiner specifying the grounds and advising him 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 30(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 person a request for a hearing, he may, after considering any written representation from him, impose the appropriate penalty under section 30.
(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 person a reasonable opportunity to be heard.
(5) After the hearing or, where the person fails without reasonable excuse to attend at the time set by the Director for the hearing, the Director may exonerate the person or impose the appropriate penalty under section 30.
(6) The Director shall notify the person of his decision and the reasons for it.

### Builders’ Lifts and Tower Working Platforms (Safety) Ordinance 《建築工地升降機及塔式工作平台(安全)條例》

32. Disciplinary tribunal panel
(1) The Secretary shall appoint members to a disciplinary tribunal panel based on the following numbers and categories—
(a) not more than 5 persons who are corporate members of the Hong Kong Institution of Engineers;
(b) not more than 5 persons from organizations that he considers represent the interests of registered contractors;
(c) not more than 5 persons from organizations that he considers represent the interests of registered examiners;
(d) not more than 5 persons from organizations that he considers represent the interests of owners of builders’ lifts or tower working platforms; and
(e) not more than 5 persons from organizations that he considers represent the interests of construction workers.
(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.

33. Disciplinary tribunal
(1) Within 21 days after receipt of notice of a matter from the Director under section 30(1), the Secretary shall appoint a disciplinary tribunal to hear the matter and the tribunal shall consist of 1 member from each category of the disciplinary tribunal panel.
(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 Financial Secretary may determine.

34. Proceedings before the disciplinary tribunal
(1) The chairman of the disciplinary tribunal shall notify the registered contractor or registered examiner and the Director of the time and place of its hearing into the matter.
(2) The registered contractor or registered examiner and the Director may each 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 legal matter.