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

115. Appeals
(1) A person aggrieved by any of the following decisions and orders may appeal to an appeal board against the decision or order in accordance with this Part—
(a) a decision of the Director to refuse an application, or to refuse to issue a permit under section 26, 28, 56 or 58;
(b) a decision of the Director under section 29 or 59 to refuse an application for a duplicate permit, or refuse to issue a duplicate permit under that section;
(c) an order under section 30, 31, 32, 34, 35, 36, 60, 61, 62, 64, 65 or 66;
(d) a decision of the Director to refuse an application to cancel an order made under section 30, 32, 60 or 62;
(e) a decision of the Director to refuse to grant approval under section 38 or 68;
(f) a decision of the Registrar to refuse an application, or to refuse to grant registration or renewal of registration, under section 74, 75, 78, 79, 82, 83, 86, 87, 90, 91, 94 or 95;
(g) a decision of the Registrar to refuse an application for a duplicate certificate or duplicate card under section 100, or refuse to issue a duplicate certificate or duplicate card under that section;
(h) a decision of the Registrar to cancel or suspend a registration under section 101 or 102;
(i) a decision of the Director to refuse to refer a complaint to the Secretary under section 109;
(j) an order of a disciplinary board under section 112;
(k) a decision of the Director to refuse an application under section 148, or to refuse to grant an exemption or to revoke an exemption granted under that section;
(l) a decision made by any person under any regulation made under section 154, which decision is specified in the regulation as a decision against which an appeal may be made under this section.
(2) Unless the relevant authority decides otherwise, an appeal made under subsection (1) does not affect the decision or order that is the subject of the appeal.
(3) In subsection (2)—
relevant authority (有關當局) means—
(a) in relation to a decision or order of the Director, the Director;
(b) in relation to a decision of the Registrar, the Registrar;
(c) in relation to a decision or order of a disciplinary board, the board; and
(d) in relation to a decision of any other person, that other person.

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

116. Appeal board panel
(1) The Secretary must establish an appeal board panel for the purposes of this Part.
(2) Schedule 13 has effect with respect to the panel.

117. How an appeal is to commence
(1) A person who intends to appeal under section 115 must commence an appeal by giving the Director a notice of appeal in the specified form.
(2) A notice of appeal must be given to the Director within—
(a) a period of 30 days beginning on the date immediately following the date on which the appellant was notified of the decision or order appealed against; or
(b) a longer period the Director allows.
(3) The notice of appeal must—
(a) set out the grounds of the appeal and the facts relied on;
(b) be accompanied by a copy of every document that the appellant intends to rely on; and
(c) include particulars of every witness whom the appellant intends to call at the hearing.
(4) If the Director receives a notice of appeal given under this section, the Director must deliver the notice to the Secretary within a period of 14 days beginning on the date immediately following the date on which the Director receives the notice.

118. Establishment, composition, meetings and proceedings of appeal board, etc.
(1) Within a period of 21 days beginning on the date on which a notice under section 117 is received by the Secretary, the Secretary must establish an appeal board to consider the appeal to which the notice relates.
(2) Schedule 14 has effect with respect to an appeal board required to be established under subsection (1).

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

119. Determination of appeal
(1) For the purposes of a hearing, the appeal board may—
(a) receive evidence on oath;
(b) by notice signed by the chairperson of the board, order any person to attend before the board and to give evidence;
(c) by notice signed by the chairperson of the board, order any person to produce any document or information relevant to the appeal in respect of which the hearing is conducted; and
(d) in relation to an appeal against the issue of an order mentioned in section 115(1)(c) or (j) or a decision mentioned in section 115(1)(d), authorize any person to inspect—
(i) the lift or escalator concerned, or the lift works or escalator works concerned; and
(ii) the premises at or in which the lift or escalator is situated or is installed or being installed, or at which the lift works or escalator works have been or are being carried out.
(2) A person who, without reasonable excuse, contravenes an order under subsection (1)(b) or (c) commits an offence and is liable on conviction to a fine at level 5.
(3) In this section, a reference to a lift or escalator includes any part of the lift or escalator and any associated equipment or machinery of the lift or escalator.

120. Supplementary provisions to section 119
(1) After a hearing is completed, the appeal board may—
(a) confirm or revoke the decision or order that is the subject of the appeal;
(b) vary the decision or order that is the subject of the appeal; or
(c) substitute the board’s own decision for the decision or order that is the subject of the appeal.
(2) If the board decides to revoke or vary the decision or order that is the subject of the appeal, or to substitute the board’s own decision for the decision or order, the board may order—
(a) the person whose decision or order is so revoked, varied or substituted; and
(b) the Registrar (if appropriate),

to take any appropriate action to give effect to the board’s decision, and the person and the Registrar must comply with the order of the board accordingly.
(3) The board may make any order that it thinks fit with regard to the payment of the costs and expenses of the hearing, including the costs and expenses of the parties to the hearing.
(4) All costs and expenses ordered to be paid under this section are recoverable as a civil debt.
(5) If an appeal board makes a decision under subsection (1), the board must notify in writing the parties to the hearing of—
(a) the decision of the board, including any order made under subsection (2) or (3);
(b) the reasons for the decision; and
(c) in relation to an order under subsection (2), the details of the order.