### Lifts and Escalators Ordinance 《升降機及自動梯條例》

140. Miscellaneous offences
(1) A person commits an offence if the person, in purported compliance with a requirement imposed under this Ordinance—
(a) produces any document or provides any information that the person knows to be false or misleading in a material respect; or
(b) produces any document or provides any information that the person ought reasonably to have known to be false or misleading in a material respect.
(2) A person commits an offence if the person wilfully misuses, or interferes with, or causes misuse or interference with, a lift or escalator, or any part of a lift or escalator, or any associated equipment or machinery of the lift or escalator.
(3) A person commits an offence if the person, without reasonable excuse—
(a) defaces or otherwise interferes with a copy of an order issued under Division 4 of Part 2 or Division 4 of Part 3; or
(b) removes a copy of an order issued under Division 4 of Part 2 or Division 4 of Part 3 that is displayed under section 149(2)(b) on a conspicuous part of a building, lift or escalator.
(4) A person who commits an offence under subsection (1)(a) or (b) is liable on conviction to a fine of $200,000 and to imprisonment for 12 months.
(5) A person who commits an offence under subsection (2) is liable on conviction to a fine at level 3.
(6) A person who commits an offence under subsection (3)(a) or (b) is liable on conviction to a fine at level 5.

### Lifts and Escalators Ordinance 《升降機及自動梯條例》

141. Offences committed by bodies corporate and partners
(1) If a person by whom an offence under this Ordinance is committed is a body corporate, and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, a director, manager or secretary of the body corporate or any other person concerned in the management of the body corporate, the director, manager, secretary or other person also commits the offence.
(2) If a person by whom an offence under this Ordinance is committed is a partner in a partnership, and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect or omission on the part of, any other partner in the partnership or any other person concerned in the management of the partnership, the other partner or person also commits the offence.
(3) An offence under this Ordinance committed by a body corporate is presumed to have been committed with the consent or connivance of, or to be attributable to neglect or omission on the part of, a director, manager or secretary of the body corporate or any other person if it is proved that, at the time the offence was committed, the director, manager, secretary or other person was concerned in the management of the body corporate.
(4) An offence under this Ordinance committed by a partner in a partnership is presumed to have been committed with the consent or connivance of, or to be attributable to neglect or omission on the part of, any other partner in the partnership or any other person if it is proved that, at the time the offence was committed, the other partner or person was concerned in the management of the firm.
(5) The presumption under subsection (3) or (4) is rebutted by a person charged with an offence under this Ordinance by virtue of that subsection if—
(a) there is sufficient evidence to raise an issue that the offence was committed without the person’s consent or connivance and was not attributable to the person’s neglect or omission; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.
(6) In this section—
offence (罪行) does not include a disciplinary offence.

142. Time limit for prosecutions
A prosecution under this Ordinance may be commenced within the period of 6 months beginning on the date immediately after the date on which the offence is discovered by, or comes to the notice of, the Director.

### Lifts and Escalators Ordinance 《升降機及自動梯條例》

143. Lifts and escalators to be marked with identification marks
(1) If a building has more than one lift, more than one escalator or any number of lifts and escalators—
(a) each lift and escalator of the building must be marked with an identification mark recognized by the Director; and
(b) a plan showing the position and identification mark of each lift and escalator must be submitted to the Director.
(2) If there is a contravention of subsection (1), the Director may take any one or both of the following actions—
(a) cause the lift or escalator to be marked with an identification mark;
(b) cause a plan described in subsection (1)(b) to be prepared and sent to any responsible person for the lift or escalator.

144. Recovery of costs
(1) The Director may recover—
(a) the costs of any work carried out or service provided by the Director under section 37 or 67; and
(b) the costs of preparing any plan under section 143.
(2) The costs referred to in subsection (1)(a) include any costs and expenses reasonably incurred by the Director for or in connection with the purposes of carrying out the work or providing the service.
(3) The costs referred to in subsection (1)(b) include any costs and expenses reasonably incurred by the Director for or in connection with the purposes of preparing the plan.
(4) The Director may certify in writing the costs due and the name of any person who is liable for the costs, apportioning the costs if appropriate.
(5) The Director must serve a copy of the certificate on each person who is liable to pay the costs.
(6) If any costs under subsection (1) are not fully paid on or before the 30th day (relevant date) after the day on which the certificate is served on a person under subsection (5), then beginning on the day immediately after the relevant date, simple interest calculated at the rate of 10% per annum is to be charged on the amount for the time being unpaid, and the interest is recoverable as part of the costs liable to be paid by the person.
(7) Payment of any costs under this section by any person does not affect the right of the person to recover the payment from any other person who is liable to pay the costs, and any costs recoverable under this section are recoverable as a civil debt due to the Government.

### Lifts and Escalators Ordinance 《升降機及自動梯條例》

145. Issue of codes of practice
(1) The Director may issue any code of practice that in the Director’s opinion is suitable for providing practical guidance in respect of any matter concerning the safety of lifts or escalators, including providing practical guidance in respect of the use and operation of lifts or escalators and providing practical guidance to persons who carry out any lift works or escalator works.
(2) If a code of practice is issued under subsection (1), the Director must by notice published in the Gazette—
(a) identify the code;
(b) specify the date on which the code is to take effect; and
(c) specify the purposes for which the code is issued.
(3) The Director may from time to time revise the whole or any part of a code of practice issued under subsection (1).
(4) If a code of practice is revised under subsection (3), the Director must by notice published in the Gazette—
(a) identify the code or part so revised;
(b) specify the date on which the revision is to take effect; and
(c) specify the purposes for which the code is revised.
(5) The Director may revoke a code of practice or any part of a code of practice issued or revised under this section.
(6) If a code of practice or part of a code of practice issued or revised under this section is revoked under subsection (5), the Director must by notice published in the Gazette—
(a) identify the code or part so revoked; and
(b) specify the date on which the revocation is to take effect.