### Air Pollution Control Ordinance 《空氣污染管制條例》

60. Removal of names from registers
The Authority may remove from a register—
(a) the name of a person who is deceased;
(b) the name of a person who, or a company, body corporate or laboratory which, in the opinion of the Authority has ceased to carry on relevant business;
(c) the name of a person who, or a company, body corporate or laboratory which, has not paid the prescribed annual fee within the prescribed period;
(d) a name at the request of the person, company, body corporate or laboratory.

61. Restoration of names to registers
(1) A person, company, body corporate or laboratory whose name has been removed from a register under section 60(c) may apply to the Authority in writing within 2 years from the date of the removal for restoration of the name to the register.
(2) Subject to the payment of the prescribed fee to restore a name, the Authority shall restore the name to the register.

62. Disciplinary proceedings
Where it appears to the Authority or a member of the Administration Committee that—
(a) a registered asbestos consultant, registered asbestos contractor, registered asbestos supervisor or registered asbestos laboratory; or
(b) a director, partner or owner of a registered asbestos contractor or registered asbestos laboratory,
has committed neglect or misconduct that—
(i) renders the person, company, body corporate or laboratory unfit to continue to be entered on the relevant register; or
(ii) makes further entry of the person, company, body corporate or laboratory on the relevant register prejudicial to the administration of this Ordinance; or
(iii) renders the person, company, body corporate or laboratory deserving of censure,
the Authority or the member may refer the matter to the Administration Committee which may conduct an inquiry.

63. Legal adviser
The Administration Committee may appoint a legal adviser to advise it on any points of law or procedure that may arise before, during or after a disciplinary inquiry.

64. Rules of procedure
The Administration Committee may make rules providing for the conduct of its inquiries and for other matters relating to the investigation of an alleged court conviction, neglect or misconduct.

65. Notice of hearing
(1) The Administration Committee shall not hear evidence regarding a complaint leading to disciplinary proceedings against a registered person unless the person is given 28 days’ notice of the date, time and place of the hearing and the reason for the hearing.
(2) The registered person who is the subject of a hearing, and the directors, partners and proprietors of a registered asbestos contractor or registered asbestos laboratory, are entitled to hear and to have access to all evidence produced at the hearing and to cross-examine witnesses adducing the evidence.

### Air Pollution Control Ordinance 《空氣污染管制條例》

66. Finding and recommendation of Administration Committee
(1) After an inquiry, the Administration Committee shall advise the Authority whether or not it is satisfied that the person, company, body corporate or laboratory has committed neglect or misconduct referred to in section 62 and, where appropriate, make a recommendation as to penalty that should be imposed.
(2) The Authority shall advise the registered person, company, body corporate or laboratory of the findings and recommendation of the Administration Committee and the order of the Authority under section 67.

67. Order of the Authority
(1) The Authority may, on receiving the recommendation of the Administration Committee, order—
(a) that the name of the person, company, body corporate or laboratory be removed, either permanently or for a specified period, from the relevant register;
(b) that the person, company, body corporate or laboratory be reprimanded;
(c) that a shareholder, director or other officer of a company or body corporate be reprimanded;
(d) that the findings and order be published in the Gazette.
(2) The Authority may make an order as to the payment of the costs of the inquiry, the costs of the Authority and the costs of any person in respect of whom the inquiry is held.
(3) Costs awarded under this section are recoverable as a civil debt.

### Air Pollution Control Ordinance 《空氣污染管制條例》

68. Power of the Administration Committee
(1) For the purpose of an inquiry under this Part, the Administration Committee has the following powers—
(a) to hear, receive and examine evidence on oath;
(b) to summon a person to attend the inquiry either as the person whose conduct is the subject of the inquiry or to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all lawful exceptions;
(c) to admit or exclude the public or any member of the public from the inquiry;
(d) to admit or exclude the press from the inquiry;
(e) to order the inspection of any premises or ship not used solely for dwelling purpose;
(f) to enter upon and view any premises or ship not used solely for dwelling purpose;
(g) to award any person summoned to attend the inquiry as a witness an amount which in the opinion of the Administration Committee has been reasonably expended by him in connection with his attendance.
(2) The Chairman shall sign summonses to witnesses.
(3) No person is required to answer a question or produce a document or other thing which, in the opinion of the Administration Committee, may tend to incriminate him.
(4) A witness is, in respect of evidence given by him before the Administration Committee, entitled to the same immunities and privileges to which he would be entitled as if he were giving evidence in court.
(5) A person who—
(a) having been summoned by the Administration Committee to attend as a witness or to produce a document or other thing under this section without reasonable excuse refuses or fails to do so;
(b) attends as a witness before the Administration Committee and, without lawful excuse, refuses or fails to answer a question put to him by the Administration Committee;
(c) fraudulently obtains registration as a registered asbestos consultant, contractor, supervisor or laboratory for himself or any other person;
(d) obtains registration as a registered asbestos consultant, contractor, supervisor or laboratory for himself or any other person by means of any misleading, false or fraudulent representation or statement, either orally or in writing,
commits an offence and is liable to a fine at level 5 and to imprisonment for 1 year.
(Amended E.R. 2 of 2014)