To provide for the planning, design and construction of buildings and associated works; to make provision for the rendering safe of dangerous buildings and land; and to make provision for matters connected therewith. (Replaced 72 of 1980 s. 2) [1 June 1956] G.N.A. 45 of 1956 (Originally 68 of 1955) Cap 123 s 1 Short title (1) This Ordinance may be cited as the Buildings Ordinance. (2) This Ordinance shall apply to the New Territories in the manner provided by the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121). (Replaced 60 of 1987 s. 14) Cap 123 s 2 Interpretation Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 2000 s. 3 (1) In this Ordinance, unless the context otherwise requires- "access road" (通路) means a road on land held under lease, licence or otherwise from the Government or on land over which the Government has granted a right of way, providing access only to buildings used or intended to be used wholly or mainly for purposes of habitation, and which is not a street; (Added 44 of 1959 s. 2. Amended 29 of 1998 s. 105) "Architects Registration Board" (建筑师注册管理局) means the Architects Registration Board established by section 4 of the Architects Registration Ordinance (Cap 408); (Added 54 of 1996 s. 2) "authorized person" (认可人士) means a person whose name is on the authorized persons' register kept under section 3(1)- (a) as an architect; (b) as an engineer; or (c) as a surveyor; (Replaced 54 of 1996 s. 2)"building" (建筑物) includes the whole, or any part, of any domestic or public building or building which is constructed or adapted for use for public entertainment, arch, bridge, cavern adapted or constructed to be used for the storage of petroleum products, chimney, cook-house, cowshed, dock, factory, garage, hangar, hoarding, latrine, matshed, office, oil storage installation, out-house, pier, shelter, shop, stable, stairs, wall, warehouse, wharf, workshop or tower, sea-wall, breakwater, jetty, mole, quay, cavern or any underground space adapted or constructed for occupation or use for any purpose including its associated access tunnels and access shafts, pylon or other similar structure supporting an aerial ropeway and such other structures as the Building Authority may by notice in the Gazette declare to be a building; (Amended 44 of 1959 s. 2; 19 of 1976 s. 32; 16 of 1978 s. 2; 5 of 1983 s. 2; 68 of 1993 s. 2; 72 of 1995 s. 15) "Building Authority" (建筑事务监督) means the Director of Buildings; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) "building owner" (建筑物拥有人) means a person desiring to build a new building or to alter an existing building and shall include the agent of and authorized person appointed by a building owner; (Amended 91 of 1990 s. 2) "building works" (建筑工程) includes any kind of building construction, site formation works, ground investigation in the scheduled areas, foundation works, repairs, demolition, alteration, addition and every kind of building operation, and includes drainage works; (Amended 72 of 1980 s. 3; 41 of 1982 s. 2; 52 of 1990 s. 2) "composite building" (综合用途建筑物) means a building that is partly domestic and partly non-domestic; (Added 73 of 1983 s. 2) "contraventions of the provisions of this Ordinance" (违反本条例的条文) includes failure to comply with any order given or any condition imposed by the Building Authority under the provisions of this Ordinance and any material divergence or deviation from any plan approved by him; (Added 44 of 1959 s. 2) "dangerous building" (危险建筑物) means any building in such a condition as to cause risk of injury either to the occupiers or users of such building or to the occupiers or users of any neighbouring building or to the general public; "design assumption" (设计假定) means an assumption stated or implied in the design calculations or other documentation in respect of building works submitted to the Building Authority; (Added 72 of 1980 s. 3) "domestic" (住用), when used in relation to a part of a composite building, means a part that is constructed or intended for habitation; (Added 73 of 1983 s. 2) "domestic building" (住用建筑物) means a building constructed or intended to be used for habitation and the expression "domestic purposes" (住用用途) shall be construed accordingly; (Added 73 of 1983 s. 2) "drain" (排水渠) means a drain used for the drainage of one building and any buildings and yards appurtenant thereto; (Added 44 of 1959 s. 2) "drainage works" (排水工程) means any work connected with the construction, repair, alteration, disconnexion, trapping and ventilation of drains or sewers; (Added 44 of 1959 s. 2) "Engineers Registration Board" (工程师注册管理局) means the Engineers Registration Board established by section 3 of the Engineers Registration Ordinance (Cap 409); (Added 54 of 1996 s. 2) "escalator" (自动梯) has the meaning assigned to it in section 2 of the Lifts and Escalators (Safety) Ordinance (Cap 327); (Added 43 of 1987 s. 44) "frontagers" (临街处所拥有人) means, in the case of a private street the owners of premises fronting, joining or abutting on such street, and in the case of an access road the owners of premises to which such road provides access; (Added 44 of 1959 s. 2) "ground investigation" (土地勘测) means any exploratory drilling, boring, excavating and probing of land for obtaining any information on ground conditions and includes the installation of instruments, sampling, field testing, any other site operation and laboratory testing of samples obtained from such operations; (Added 41 of 1982 s. 2) "groundwater drainage works" (地下水排水工程) means any work or installation connected with the draining of water flowing, percolating or lying under the surface of land but does not include drainage works as defined in this section; (Added 41 of 1982 s. 2) "habitation" (居住) in relation to the use of a building, or part of a building, includes use of it for hotel, guest-house, boarding-house, hostel, dormitory or similar accommodation; (Added 73 of 1983 s. 2) "hand-dug caisson" (人工挖掘沉箱) means any foundation or earth-retaining structure, or part thereof, the construction of which includes the excavation of a shaft in the ground by means of digging carried out by any person inside the shaft with or without the aid of machine tools; (Added 6 of 1995 s. 2) "Land Registry" (土地注册处) means the Land Registry referred to in section 2(1) of the Land Registration Ordinance (Cap 128); (Added 55 of 1996 s. 2) "lift" (升降机) has the meaning assigned to it in section 2 of the Lifts and Escalators (Safety) Ordinance (Cap 327); (Replaced 43 of 1993 s. 2) "new building" (新建筑物) means any building hereafter erected and also any existing building of which not less than one half measured by volume is rebuilt or which is altered to such an extent as to necessitate the reconstruction of not less than one half of the superficial area of the main walls; "non-domestic" (非住用), when used in relation to a part of a composite building, means a part that is constructed or intended for use otherwise than for habitation; (Added 73 of 1983 s. 2) "non-domestic building" (非住用建筑物) means a building that is not a domestic building; (Added 73 of 1983 s. 2) "occupier" (占用人) means in the case of domestic buildings a person resident therein and in the case of other buildings means a person carrying on an occupation full-time in such building; "oil storage installation" (贮油装置) means any tank having a capacity of not less than 110000 litres, or a group of tanks any one of which is a tank having a capacity of not less than 110000 litres, constructed above ground level for the purpose of storing petroleum products; (Added 16 of 1978 s. 2. Amended 68 of 1993 s. 2) "owner" (拥有人) includes any person holding premises direct from the Government whether under lease, licence or otherwise, any mortgagee in possession and any person receiving the rent of any premises, solely or with another, on his own behalf or that of any person, or who would receive the same if such premises were let to a tenant, and where such owner as above defined cannot be found or ascertained or is absent from Hong Kong or is under disability, the agent of such owner; (Amended 29 of 1998 s. 105; 62 of 2000 s. 3) "performance review" (表现检讨) means a report in respect of building works, submitted by an authorized person, stating and justifying that the building works have been inspected and monitored in the course of construction and that the geotechnical design assumptions upon which the building works have been based are valid; (Added 41 of 1982 s. 2) "petroleum products" (石油产品) means crude petroleum or petroleum feed-stock and includes- (a) semi-refined petroleum; and (b) wholly refined petroleum,which is liquid or solid at ambient temperatures and pressures; (Replaced 68 of 1993 s. 2) "place of public entertainment" (公众娱乐场所) and "public entertainment" (公众娱乐) have the same meanings assigned to them, respectively, by the Places of Public Entertainment Ordinance (Cap 172); (Added 72 of 1995 s. 15) "plan" (图则) includes drawings, details, diagrams, calculations, structural details and structural calculations; (Added 44 of 1959 s. 2) "prescribed qualification" (订明资格) means the qualification prescribed under this Ordinance or by the respective Registration Ordinance for inclusion in the respective register; (Added 54 of 1996 s. 2) "private street" (私家街道) means a street on land held under lease, licence or otherwise from the Government or on land over which the Government has granted a right of way; (Added 44 of 1959 s. 2. Amended 29 of 1998 s. 105) "register" (名册) means a register maintained under this Ordinance and includes a sub-register; (Added 54 of 1996 s. 2) "registered architect" (注册建筑师) means a person whose name is on the register of registered architects established and maintained under section 8 of the Architects Registration Ordinance (Cap 408); (Added 54 of 1996 s. 2) "registered general building contractor" (注册一般建筑承建商) means a person whose name is for the time being on the register of general building contractors maintained under section 8A; (Added 54 of 1996 s. 2) "registered professional engineer" (注册专业工程师) means a person whose name is on the register of registered professional engineers established and maintained under section 7 of the Engineers Registration Ordinance (Cap 409); (Added 54 of 1996 s. 2) "registered professional surveyor" (注册专业测量师) means a person whose name is on the register of registered professional surveyors established and maintained under section 7 of the Surveyors Registration Ordinance (Cap 417); (Added 54 of 1996 s. 2) "registered specialist contractor" (注册专门承建商) means a person whose name is for the time being on the register of specialist contractors maintained under section 8A; (Added 54 of 1996 s. 2) "registered structural engineer" (注册结构工程师) means a person whose name is for the time being on the structural engineers' register kept under section 3(3); (Added 52 of 1974 s. 2) "Registration Committee" (注册事务委员会) means an Authorized Persons Registration Committee, a Structural Engineers Registration Committee or a Contractors Registration Committee, as the case requires; (Added 54 of 1996 s. 2) "Registration Ordinance" (注册条例) means the Architects Registration Ordinance (Cap 408), the Engineers Registration Ordinance (Cap 409) or the Surveyors Registration Ordinance (Cap 417), as the case may be; (Added 54 of 1996 s. 2) "regulations" (规例) means rules and regulations made under this Ordinance; "scheduled areas" (附表所列地区) means the areas specified in the Fifth Schedule and references to a building or building works in the scheduled areas are, in the case of a building or building works situated partly in one of the scheduled areas, references to that part of the building or building works so situated; (Replaced 52 of 1990 s. 2) "sewer" (污水渠) does not include a drain as defined in this section, but includes all sewers and drains used for the drainage of more than one building and any buildings and yards appurtenant thereto; (Added 44 of 1959 s. 2) "site formation works" (地盘平整工程) includes excavations on sloping land, filling, landslip preventive works, landslip remedial works and ground water drainage works; (Added 72 of 1980 s. 3. Amended 41 of 1982 s. 2) "specialized works" (专门工程) means the categories of building works or street works the Building Authority designates by notice in the Gazette as works that are required to be carried out by a registered specialist contractor; (Added 54 of 1996 s. 2) "specified" (指明), in relation to a form, means specified by the Building Authority under section 22(4); (Added 68 of 1993 s. 2) "street" (街道) includes the whole or any part of any square, court or alley, highway, lane, road, road-bridge, footpath, or passage whether a thoroughfare or not; "street works" (街道工程) means any work for the construction, formation or laying out of any private street or access road, including the surfacing, channelling, draining and lighting thereof, or for the reconstruction, alteration or repair thereof; (Added 44 of 1959 s. 2) "supervision plan" (监工计划书) means a plan setting out the plan of safety management of building works or street works lodged by an authorized person with the Building Authority- (a) prior to or at the time of application for consent to the commencement of building works or street works; or (b) as a result of carrying out urgent works,and includes a revised supervision plan lodged as a result of any amendments necessary under this Ordinance; (Added 54 of 1996 s. 2)"Surveyors Registration Board" (测量师注册管理局) means the Surveyors Registration Board established by section 3 of the Surveyors Registration Ordinance (Cap 417); (Added 54 of 1996 s. 2) "ventilating system" (通风系统) means a mechanical system for introducing or exhausting air; (Added 23 of 1971 s. 2) "water pipe" (水管) means any water carrying pipe and fittings thereto other than a drain or sewer but does not include any pipe or fitting forming any part of a fire service or inside service within the meaning of the Waterworks Ordinance (Cap 102) the costs of maintenance of which shall, under section 17(2)(b) of that Ordinance, be borne by the Water Authority. (Added 55 of 1996 s. 2) (Amended 43 of 1993 s. 2; 54 of 1996 s. 2)(2) The duties imposed on and the powers granted to the Building Authority under this Ordinance may be carried out and exercised by an officer of any Department of the Government specified in the Fourth Schedule who is authorized by the Director of Buildings either generally or particularly and subject to his instructions. (Amended L.N. 76 of 1982; 73 of 1985 s. 2; L.N. 94 of 1986; L.N. 291 of 1993) (3) The Legislative Council may by resolution amend the Fourth or Fifth Schedule. (Added 73 of 1985 s. 2. Amended 6 of 1995 s. 2) (4) Any reference in Part I or VII to registration in any register shall be construed as the inclusion, retention, further retention or restoration of a person's name in or to the relevant register, as the case may require. (Added 77 of 1994 s. 2) Cap 123 s 3 Registers of authorized persons and structural engineers PART I AUTHORIZED PERSONS, REGISTERED STRUCTURAL ENGINEERS AND REGISTERED CONTRACTORS (Amended 52 of 1974 s. 3; 43 of 1987 s. 44; 54 of 1996 s. 3) (1) The Building Authority shall keep a register (hereinafter referred to as the "authorized persons' register") of all persons who are qualified to perform the duties and functions of an authorized person in accordance with this Ordinance. (2) The authorized persons' register contains- (a) a list of architects; (b) a list of engineers; and (c) a list of surveyors. (Replaced 54 of 1996 s. 4)(3) The Building Authority shall keep a register (hereinafter referred to as the "structural engineers' register") of all persons who are qualified to perform the duties and functions of structural engineers (relating to more advanced structural designs of building works or street works) in accordance with this Ordinance. (4) The Building Authority shall publish annually in the Gazette the names of- (a) the persons included in each of the lists in the authorized persons' register; and (b) the persons included in the structural engineers' register.(5) The Building Authority is to establish 2 panels with sufficient members from whom he is to appoint committees to be known respectively as Authorized Persons Registration Committees and Structural Engineers Registration Committees. The Building Authority may appoint more than one Registration Committee of each type at any one time. (Replaced 54 of 1996 s. 4) (5A) The function of a Registration Committee is to assist the Building Authority in considering applications for inclusion in the relevant register by- (a) examining the qualifications of applicants; (b) inquiring as the relevant Registration Committee considers necessary to ascertain whether an applicant has the relevant experience; (c) conducting professional interviews with applicants; and (d) advising the Building Authority to accept, defer or reject applications for inclusion in the relevant register. (Added 54 of 1996 s. 4)(5B) An Authorized Persons Registration Committee consists of- (a) 4 authorized persons nominated by the Architects Registration Board from the list of architects in the authorized persons' register; (b) 2 authorized persons nominated by the Engineers Registration Board from the list of engineers in the authorized persons' register; (c) 1 authorized person nominated by the Surveyors Registration Board from the list of surveyors in the authorized persons' register; (d) an Assistant Director of Buildings nominated by the Building Authority; and (e) 1 person selected by the Building Authority from among the persons nominated in accordance with subsection (5E). (Added 54 of 1996 s. 4)(5C) A Structural Engineers Registration Committee consists of- (a) 3 registered structural engineers nominated by the Engineers Registration Board; (b) 1 authorized person nominated by the Architects Registration Board from the list of architects in the authorized persons' register; (c) 1 authorized person nominated by the Surveyors Registration Board from the list of surveyors in the authorized persons' register; (d) an Assistant Director of Buildings nominated by the Building Authority; and (e) 1 person selected by the Building Authority from among the persons nominated in accordance with subsection (5E). (Added 54 of 1996 s. 4)(5D) The Building Authority is to appoint an officer of the Buildings Department as the secretary of each Registration Committee, who is not a member of either Registration Committee and may not cast a vote. (Added 54 of 1996 s. 4) (5E) For the purpose of subsections (5B) and (5C), the Building Authority is to invite such bodies as the Building Authority may think fit to nominate persons for the Building Authority to consider for appointment to each of the respective Registration Committees. (Added 54 of 1996 s. 4) (5F) A person appointed to be a member of the Authorized Persons' and Registered Structural Engineers' Disciplinary Board Panel under section 5A must not be a member of a Registration Committee. (Added 54 of 1996 s. 4) (5G) The quorum for a meeting of a Registration Committee is- (a) the Chairman of the committee; (b) the Assistant Director of Buildings nominated under subsection (5B)(d) or (5C)(d); and (c) 3 other members for an Authorized Persons Registration Committee and 2 other members for a Structural Engineers Registration Committee. (Added 54 of 1996 s. 4)(5H) At least one member of the Registration Committee at a meeting hearing an application for inclusion in a register must be- (a) for an Authorized Persons Registration Committee, on the same list in the authorized persons' register as that on which the applicant wishes to be included; and (b) for a Structural Engineers Registration Committee, a registered structural engineer. (Added 54 of 1996 s. 4)(5I) The Chairman of a Registration Committee is elected by its members. (Added 54 of 1996 s. 4) (5J) A Registration Committee is required to meet as often as the Building Authority directs. (Added 54 of 1996 s. 4) (6) Every applicant for inclusion in the authorized persons' register or the structural engineers' register shall submit his application in the specified form to the secretary of the respective Registration Committee. (Amended 68 of 1993 s. 3) (6A) An applicant under subsection (6)- (a) shall specify in the application a period (which shall be a period of 12 months beginning on the date of inclusion of his name in the register concerned) as the period for which he seeks his name to be retained in that register; (b) shall pay- (i) upon submission of the application, the nonrefundable prescribed fee for processing of the application; (ii) upon the application being granted, the respective prescribed fees for inclusion and retention of his name in the appropriate register. (Replaced 39 of 2000 s. 2)(7) A person must not be included in a register unless- (a) he has obtained the prescribed qualifications; and (b) he is recommended by the respective Registration Committee for inclusion. (Replaced 54 of 1996 s. 4)(7A) If an applicant for inclusion in a register fails to satisfy subsection (7), the Building Authority shall refuse the application. (Added 54 of 1996 s. 4) (7B) If an applicant for inclusion in a register satisfies subsection (7), the Building Authority shall grant the application unless for other reasons he thinks fit to refuse the application. (Added 54 of 1996 s. 4) (7C) The Building Authority shall give reasons in writing to- (a) the applicant for the refusal of an application for inclusion in a register; (b) the respective Registration Committee for the refusal of an application for inclusion in a register,and the reasons must refer to the requirements of subsections (7) and (7B). (Added 54 of 1996 s. 4) (7D) In subsections (7) to (7C), "register" (名册) means the authorized persons' register kept under subsection (1) or the structural engineers' register kept under subsection (3), as the case may be. (Added 54 of 1996 s. 4) (8) Subject to subsection (7), a person's name may be included in both the authorized persons' register and the structural engineers' register and in more than 1 list in the authorized persons' register. (9) In respect of every application for inclusion in any list in the authorized persons' register or in the structural engineers' register, the Building Authority shall within 3 months from the date of the meeting of the respective Registration Committee at which the application was considered- (a) on payment by the applicant of the prescribed fees mentioned in subsection (6A)(b)(ii), publish in the Gazette and enter in the appropriate list or, as the case may be, register the name of that applicant; or (Replaced 39 of 2000 s. 2) (b) inform the applicant that his application is deferred for a period not exceeding 12 months; or (c) refuse his application.(9A) An application that has been deferred under subsection (9)(b) shall, when it comes up for consideration again- (a) be accepted, so that the applicant is included in the appropriate list or registered, as the case may be, upon payment of the prescribed fee; or (b) be refused. (Added 57 of 1987 s. 3)(9B) A person- (a) whose name is included or retained in or restored to the authorized persons' register or the structural engineers' register, under this section; or (b) whose registration expires pursuant to section 53F(1)(i),may apply to the Building Authority, in accordance with subsection (9C), for the further retention or retention, as may be appropriate, of his name in the register for a period of 12 months. (Added 77 of 1994 s. 3) (9C) An application under subsection (9B) shall be- (a) in the specified form; (b) made so as to be received by the Building Authority not earlier than 4 months and not later than 28 days prior to the date of the expiry of the relevant registration; and (Replaced 54 of 1996 s. 4) (c) accompanied by the appropriate prescribed fee; (Added 77 of 1994 s. 3) (d) accompanied by a copy of a valid certificate of registration or of renewal of registration issued under the respective Registration Ordinance. (Added 54 of 1996 s. 4)(9D) The Building Authority shall refuse an application under subsection (9B) unless the applicant holds the prescribed qualifications for registration as an authorized person or a registered structural engineer. (Added 54 of 1996 s. 4) (9E) The registration of an authorized person or structural engineer will continue to be in force if he makes an application for retention within the time limit and pays the retention fee until his application for retention is finalised by the Building Authority, subject to any decision of the relevant Disciplinary Board. (Added 54 of 1996 s. 4) (10) Where an application made under subsection (6) is refused or deferred under subsection (9) or (9A), the applicant may appeal under section 44 from the refusal or decision to defer. (Replaced 77 of 1994 s. 3) (11) The Building Authority may remove from the authorized persons' register or the structural engineers' register, after sending by post notice of his intention to the last known address of the person, the name of any person who- (a) is deceased; or (Amended 77 of 1994 s. 3) (b) is not practising the profession in respect of which the name of that person was included in the register. (Replaced 75 of 1976 s. 2. Amended 77 of 1994 s. 3) (c) (Repealed 77 of 1994 s. 3)(11A) A name included or retained in or restored to the authorized persons' register or the structural engineers' register or both such registers, under this section or pursuant to section 53F, shall be removed by the Building Authority (with or without notice to the person concerned) if the Building Authority does not- (a) before the date of expiry of the relevant registration, receive an application under subsection (9B) as regards such registration; or (b) allow such an application received by him,and any such removal shall be effective from the date of expiry of that registration. (Added 77 of 1994 s. 3) (11B) The Building Authority shall remove a name included or retained in or restored to the authorized persons' register or the structural engineers' register under this section or section 53F if the Building Authority receives notice that an authorized person or a registered structural engineer has ceased to hold the prescribed qualifications by virtue of which he was registered. (Added 54 of 1996 s. 4) (11C) The Building Authority shall give notice of the removal of a name from a register under subsection (11B), by prepaid registered post to the person's last known address. (Added 54 of 1996 s. 4) (12) A person whose name is removed under subsection (11A), (11B) or (11C) may, within 2 years beginning on the date the relevant registration expires, apply for the restoration of his name to the relevant register. (Replaced 77 of 1994 s. 3) (13) An application under subsection (12) shall- (a) be in the specified form; (b) (Repealed 54 of 1996 s. 4) (c) be accompanied by the prescribed fee for such restoration and the prescribed fee for retention of registration for 12 months; (Added 77 of 1994 s. 3) (d) be accompanied by a copy of a valid certificate of registration or of renewal of registration issued under the respective Registration Ordinance. (Added 54 of 1996 s. 4)(13A) The Building Authority shall refuse an application under subsection (12) unless the applicant holds the prescribed qualifications for registration as an authorized person or a registered structural engineer. (Added 54 of 1996 s. 4) (14) Where the Building Authority allows an application made under subsection (6), (9B) or (12) he shall- (a) issue to the applicant as regards the relevant registration a certificate of registration, which shall be in effect until the expiry of that registration; and (b) in the case of an application under subsection (12), restore the name of the applicant to the relevant register. (Added 77 of 1994 s. 3)(15) A registration under this section shall- (a) be effective, in the case of- (i) an inclusion in or restoration to a register of a person's name, from the date of such inclusion or restoration; and (ii) a retention or further retention of a person's name in a register, from the date of the expiry of the previous registration; and(b) expire, unless the person's name is removed from the relevant register by order of a disciplinary board, at the expiry of 12 months from the effective date of registration calculated in accordance with paragraph (a). (Replaced 54 of 1996 s. 4)(16) The Building Authority is required to give reasons in writing for a decision not to include, retain or restore a person's name in a register at the time of giving notice of the refusal. (Added 54 of 1996 s. 4) (Replaced 52 of 1974 s. 4. Amended 54 of 1996 s. 4)______________________________________________________________________________ Note: Please see the transitional provisions contained in s. 33 of 54 of 1996, which section is reproduced as follows: "33. Transitional (1) An authorized person or registered structural engineer who is on the authorized persons' register or the structural engineers' register at the commencement of this Ordinance continues to be on the relevant register until the expiry of the registration under the principal Ordinance as if this Ordinance had not been enacted. (2) An applicant who has passed an examination under regulation 3(1)(d)(iii), (2)(d)(iii) and (4)(d)(iii) of the Building (Administration) Regulations (Cap 123 sub. leg.) and who applies within 12 months from the commencement of this Ordinance is deemed to have satisfied section 3(7)(a) of the principal Ordinance as enacted by section 4(5) of this Ordinance, and his application is considered accordingly.". Cap 123 s 4 Appointment and duties of authorized person or registered structural engineer (1) Every person for whom building works or street works are to be carried out shall appoint- (a) an authorized person as the co-ordinator of such building works or street works; and (b) a registered structural engineer for the structural elements of such building works or street works if so required under this Ordinance. (Amended 54 of 1996 s. 5)(2) If an authorized person or a registered structural engineer so appointed becomes unwilling to act or unable, whether by reason of the termination of his appointment or for any other reason, to act, the person for whom the building works or street works are to be or are being carried out shall appoint another authorized person or registered structural engineer, as the case may be, in his stead: Provided that, where an authorized person or a registered structural engineer, is temporarily unable to act by reason of his illness or absence from Hong Kong, he may nominate another authorized person or registered structural engineer to act in his stead for the period of such illness or absence. (3) Any authorized person and any registered structural engineer appointed or nominated under subsection (1) or (2) shall- (a) supervise the carrying out of the building works or street works, as the case may be, in accordance with the supervision plan; (Amended 54 of 1996 s. 5) (b) notify the Building Authority of any contravention of the regulations which would result from the carrying out of any work shown in any plan approved by the Building Authority in respect of the building works or street works; and (c) comply generally with this Ordinance.(4) A structural engineer may not be appointed under subsection (1)(b) unless he is registered in the structural engineers' register. (Amended 54 of 1996 s. 5) (Replaced 52 of 1974 s. 4) Cap 123 s 5 Appointment and powers of disciplinary board (1) For the purposes of section 7, the Secretary for Housing, Planning and Lands may, from time to time, appoint a disciplinary board. (Amended 77 of 1994 s. 4; 36 of 1997 s. 2; L.N. 330 of 1999; L.N. 106 of 2002) (2) Every such board shall consist of- (a) 4 persons who are members of the Authorized Persons' and Registered Structural Engineers' Disciplinary Board Panel appointed under section 5A, at least 1 of whom is on the same register and, in the case of the authorized persons' register, on the same list of the register as the person about whom the inquiry is being held; and (Replaced 54 of 1996 s. 6. Amended 36 of 1997 s. 2) (b) 1 person selected from among the persons nominated in accordance with subsection (3A). (Replaced 36 of 1997 s. 2) (c) (Repealed 54 of 1996 s. 6)(2A) The chairman of a disciplinary board shall appoint a legal adviser to assist in the conduct of the hearing of the disciplinary proceedings and to advise the disciplinary board on points of law that arise during the hearing. The disciplinary board may confer with the legal adviser after the conclusion of the hearing and before it hands down its decision but only after giving the person who is the subject of the hearing and his legal representative, if any, the right to be present while the legal adviser gives advice to the disciplinary board and the right to comment on the matters raised by the legal adviser to the disciplinary board. (Added 54 of 1996 s. 6) (2B) An authorized person or a registered structural engineer, against whom disciplinary proceedings are taken, is entitled to be represented by a legal practitioner at disciplinary proceedings. (Added 54 of 1996 s. 6) (3) The chairman of a disciplinary board appointed under this section shall be elected from the members of the board by its members. (Amended 36 of 1997 s. 2) (3A) For the purpose of subsection (2)(b), the Building Authority is to invite such bodies as the Building Authority may think fit to nominate persons for the Secretary for Housing, Planning and Lands to consider for appointment to the disciplinary board. (Added 36 of 1997 s. 2. Amended L.N. 330 of 1999; L.N. 106 of 2002) (4) For the purposes of any inquiry under section 7, a disciplinary board appointed under this section shall have all such powers as are vested in the Court of First Instance in relation to- (Amended 25 of 1998 s. 2) (a) enforcing the attendance of witnesses and examining them upon oath or otherwise; (b) compelling the production of documents; (c) ordering the inspection of premises; and (d) entering upon and viewing premises.(5) The members of any disciplinary board appointed under this section, other than persons who are in full-time employment in any office of emolument under the Government, shall be remunerated at such rate as the Chief Executive may determine from time to time or in any particular case. (Amended 62 of 2000 s. 3) (Replaced 52 of 1974 s. 4) Cap 123 s 5A Authorized Persons' and Registered Structural Engineers' Disciplinary Board Panel Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) There shall be an Authorized Persons' and Registered Structural Engineers' Disciplinary Board Panel, which shall be appointed by the Chief Executive. (Amended 62 of 2000 s. 3) (2) The Authorized Persons' and Registered Structural Engineers' Disciplinary Board Panel consists of not more than 20 members, of whom not less than 1 and not more than- (a) 5 are authorized persons in the list of architects; (b) 5 are authorized persons in the list of engineers; (c) 5 are authorized persons in the list of surveyors; and (d) 5 are registered structural engineers. (Replaced 54 of 1996 s. 7)(3) A person must not be appointed to be a member of the Panel referred to in subsection (2) unless he has been recommended for the appointment by the Building Authority after consultation with the Architects Registration Board, the Engineers Registration Board or the Surveyors Registration Board respectively, as appropriate. (Replaced 54 of 1996 s. 7) (4) Members of the panel shall hold office for 3 years but shall be eligible for reappointment. (Added 52 of 1974 s. 4) Cap 123 s 5AA Secretary to the disciplinary board (1) There shall be a Secretary to the disciplinary board for the purpose of providing administrative services to a disciplinary board appointed under section 5. (2) The Secretary to the disciplinary board shall be- (a) appointed by the Secretary for Housing, Planning and Lands; (Amended L.N. 330 of 1999; L.N. 106 of 2002) (b) a public officer; and (c) a person who is not a member of the disciplinary board appointed under section 5. (Added 36 of 1997 s. 3) Cap 123 s 6 (Repealed 77 of 1994 s. 5) (Repealed 77 of 1994 s. 5) Cap 123 s 7 Disciplinary proceedings for authorized person or registered structural engineer Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Building Authority may bring to the notice of a disciplinary board appointed under section 5 the matters set out in subsection (1A) in relation to an authorized person or a registered structural engineer if the conduct referred to the disciplinary board may- (a) render the person unfit to remain on the relevant register; (b) make further inclusion of the person on the relevant register prejudicial to the due administration of this Ordinance; or (c) render the authorized person or registered structural engineer deserving of suspension from the register, a fine or a reprimand. (Replaced 54 of 1996 s. 8)(1A) The matters referred to in subsection (1) are that the person- (a) has been convicted by any court of an offence related to carrying out his professional duties; (b) has been negligent or has misconducted himself in a professional way; (c) has permitted a material deviation from a supervision plan for which he is responsible without reasonable cause; (d) has drawn up a supervision plan that does not comply with the material requirements of this Ordinance; (e) has repeatedly drawn up supervision plans that do not comply with the requirements of this Ordinance. (Added 54 of 1996 s. 8)(2) Where, after due inquiry, the disciplinary board is satisfied that the authorized person or the registered structural engineer has been convicted of such an offence, has been negligent or has misconducted himself in a professional way or has deviated in a material manner from a supervision plan without reasonable cause or has drawn up a supervision plan that does not comply with the material requirements of this Ordinance or has repeatedly drawn up supervision plans that do not comply with the requirements of this Ordinance, in the manner referred to in subsection (1A)(a), (b), (c), (d) or (e), the disciplinary board may- (Amended 54 of 1996 s. 8) (a) order that the name of such person be removed- (i) from the authorized persons' or the structural engineers' register, as the case may be; or (ii) if his name appears in both registers, from both registers, either permanently or for such period as the board thinks fit; or(b) order that such person be reprimanded; and (ba) order that the authorized person or registered structural engineer be fined a sum not exceeding $250000, which is recoverable as a debt due to the Government; or (Added 54 of 1996 s. 8) (c) order that its findings and order be published in the Gazette.(3) On an inquiry under this section, a disciplinary board may make such order as it thinks fit with regard to the payment of the costs of the inquiry and the costs of the Building Authority or of the authorized person or registered structural engineer in respect of whom the inquiry is held. (4) (a) Any authorized person or registered structural engineer aggrieved by any order made in respect of him under this section may appeal to a judge of the Court of First Instance and upon any such appeal the judge may confirm, reverse or vary the order of the disciplinary board. (Amended 54 of 1996 s. 8; 25 of 1998 s. 2) (b) The practice in relation to any such appeal shall be subject to any rules of court made under the High Court Ordinance (Cap 4). (Amended 25 of 1998 s. 2) (c) The decision of the judge on any such appeal shall be final. (Amended L.N. 137 of 1981) (Replaced 52 of 1974 s. 6) Cap 123 s 8 Contractors Registration Committee Remarks: 1. The amendments to this section made by Ord. No. 54 of 1996 s. 9 have come into operation on 7 November 1997 (in so far as that section repeals section 8 in respect of registered contractors and substitutes the new section 8, 8A, 8B, 8C, 8D, 8E, 8F and 8G in respect of registered general building contractors). 2. Remaining provisions of this section have commenced operation since 1 April 1998. (1) The Building Authority is to establish a panel with sufficient members from whom he is to appoint committees to be known as Contractors Registration Committees. The Building Authority may appoint more than one Registration Committee at any one time. (2) The function of a Contractors Registration Committee is to assist the Building Authority in considering applications for inclusion in a register by- (a) examining the qualifications of applicants; (b) inquiring as the relevant Registration Committee considers necessary to ascertain whether an applicant has the relevant experience; (c) conducting interviews with applicants; and (d) advising the Building Authority to accept, defer or reject applications for inclusion in the relevant register.(3) A Contractors Registration Committee consists of- (a) the Building Authority's representative; (b) 3 persons, 1 of whom is nominated by each of the Hong Kong Institute of Architects, the Hong Kong Institute of Surveyors and the Hong Kong Institution of Engineers from the lists of authorized persons and registered structural engineers; (c) 3 persons nominated by The Hong Kong Construction Association Ltd.; (d) 1 person nominated by The Hong Kong E & M Contractors' Association Limited; (e) 1 person selected by the Building Authority from among persons nominated by such bodies as the Building Authority may think fit.(4) A Contractors Registration Committee is required to meet as often as the Building Authority directs. (5) A person who is a member of the Authorized Persons' and Registered Structural Engineers' Disciplinary Board Panel or the Registered Contractors' Disciplinary Board Panel is not eligible for appointment to the Contractors Registration Committee. (6) The members of the committee elect the Chairman from the members of the committee other than the representative of the Building Authority. (7) The Building Authority appoints an officer of the Buildings Department as the secretary of the committee, who is not a member of the committee and may not cast a vote. (8) A quorum for a meeting of the committee is the Chairman, the Building Authority's representative and 3 other members of the committee. (Replaced 54 of 1996 s. 9) Cap 123 s 8A Registers of contractors, etc. Remarks: 1. L.N. 532 of 1997 brought 54 of 1996 s. 9 into operation on 7 November 1997 (in so far as that section repeals section 8 in respect of registered contractors and substitutes the new section 8, 8A, 8B, 8C, 8D, 8E, 8F and 8G in respect of registered general building contractors). 2. Remaining provisions of this section have commenced operation since 1 April 1998. (1) The Building Authority is to keep- (a) a register of general building contractors who are qualified to perform the duties of a general building contractor; and (b) a register of specialist contractors who are qualified to carry out specialized works specified in the category in the sub-register in which they are entered.(2) The Building Authority may by notice in the Gazette specify different categories of specialized works and is to maintain sub-registers in the register of specialist contractors for the different categories. (3) The Building Authority is required to publish a list of the names of the contractors in each register annually in the Gazette. (4) The Building Authority may remove from- (a) the register of general building contractors the name of a registered general building contractor who ceases, for any reason, to engage in the business of building works or street works; (b) the register of specialist contractors the name of a registered specialist contractor who ceases, for any reason, to engage in the relevant specialized works for which he is registered.(5) The Building Authority may remove the name of a partner, director or other person appointed by a body corporate to act for it for the purposes of this Ordinance of a registered general building contractor or a registered specialist contractor- (a) whose name is removed under subsection (4); or (b) if a disciplinary board appointed under section 11 orders the removal of the name. (Added 54 of 1996 s. 9) Cap 123 s 8B Application for registration as a contractor Remarks: 1. L.N. 532 of 1997 brought 54 of 1996 s. 9 into operation on 7 November 1997 (in so far as that section repeals section 8 in respect of registered contractors and substitutes the new section 8, 8A, 8B, 8C, 8D, 8E, 8F and 8G in respect of registered general building contractors). 2. Remaining provisions of this section have commenced operation since 1 April 1998. (1) An applicant for registration as a general building contractor or a specialist contractor is required to apply to the Building Authority in the specified form. (2) An applicant must satisfy the Building Authority on- (a) if it is a corporation, the adequacy of its management structure; (b) the appropriate experience and qualifications of his personnel; (c) his ability to have access to plant and resources; (d) the ability of the person appointed by the applicant to act for the applicant for the purposes of this Ordinance to understand building works and street works through relevant experience and a general knowledge of the basic statutory requirements.(3) An applicant for registration as a specialist contractor must satisfy the Building Authority that he has the necessary experience and, where appropriate, professional and academic qualifications, to undertake work in the specialist category. (4) An application for registration as a general building contractor or a specialist contractor must include an endorsement, in the specified form, of an authorized person, a registered structural engineer or The Hong Kong Construction Association Ltd. (5) An applicant is to- (a) specify in the application a period (which is either 1 year or 3 years beginning on the date of inclusion of his name in the register) for which he seeks registration; and (b) pay the prescribed fee for the application.(6) The Building Authority is to refer an application to the Contractors Registration Committee. (7) The Building Authority, within 3 months of the date of the meeting of the Contractors Registration Committee at which the application is considered, is required to- (a) on payment by the applicant of the prescribed fee for registering the applicant's name, publish it in the Gazette, enter it in the appropriate register and issue a certificate of registration; or (b) inform the applicant that his application has been deferred for a period not exceeding 6 months; or (c) refuse the application.(8) The Building Authority is to have regard to the qualifications, competence and experience of- (a) the applicant in considering an application for inclusion in the register of general building contractors or the register of specialist contractors; (b) the directors, other officers and any person appointed by the applicant to act for it for the purposes of this Ordinance if the applicant is a body corporate,and may require the applicant to submit relevant information and documentary evidence to support a claim to qualifications, competence or experience. (9) The Building Authority may take into account relevant experience in Hong Kong as a qualification in considering an application for inclusion in the register of general building contractors. (10) The Building Authority must not include the name of an applicant in the register of general building contractors or the register of specialist contractors unless the Contractors Registration Committee recommends him. (11) A contractor's name may be included in both the register of general building contractors and the register of specialist contractors and in different sub-registers of specialist contractors if he has the relevant qualifications. (Added 54 of 1996 s. 9) Cap 123 s 8C Renewal of registration as a contractor Remarks: 1. L.N. 532 of 1997 brought 54 of 1996 s. 9 into operation on 7 November 1997 (in so far as that section repeals section 8 in respect of registered contractors and substitutes the new section 8, 8A, 8B, 8C, 8D, 8E, 8F and 8G in respect of registered general building contractors). 2. Remaining provisions of this section have commenced operation since 1 April 1998. (1) A contractor may apply to the Building Authority for the renewal of his registration- (a) if his name is on the register of general building contractors or the register of specialist contractors; or (b) if his registration expires pursuant to section 53F(1)(ii).(2) An application for renewal of registration must- (a) be in the specified form; (b) be accompanied by a declaration in the specified form, the information and the documentary proof that the Building Authority may reasonably require to be satisfied that the applicant is suitable to continue to be registered; (c) be received by the Building Authority not earlier than 4 months and not later than 28 days prior to the date of the expiry of the relevant registration; (d) specify the period of either 1 year or 3 years beginning on the date of the expiry of the registration as the period for which he seeks renewal; and (e) be accompanied by the prescribed renewal fee.(3) The registration of a contractor will continue to be in force if he makes an application for renewal within the time limit and pays the renewal fee until his application for renewal is finalised by the Building Authority, subject to any decision of the Registered Contractors' Disciplinary Board. (4) The Building Authority may seek the advice of the Contractors Registration Committee on the renewal of registration. (5) The Building Authority may refuse an application for renewal of registration- (a) if he is satisfied that the applicant is no longer suitable (for any reason) for registration on the relevant register; or (b) if the applicant fails to provide relevant information and documentary proof required by the Building Authority including, but not limited to, updated information on matters supplied on previous applications for registration or renewal of registration.(6) The Building Authority is to remove a name on a register, after sending by post notice to the last known address of the person, with effect from the date of expiry of the registration if the Building Authority does not- (a) before the date of the expiry of the registration, receive an application for renewal of the registration; or (b) allow the application.(7) The Building Authority is to issue a certificate of registration on renewing the registration of a contractor. (Added 54 of 1996 s. 9) Cap 123 s 8D Restoring name to register of contractors Remarks: 1. L.N. 532 of 1997 brought 54 of 1996 s. 9 into operation on 7 November 1997 (in so far as that section repeals section 8 in respect of registered contractors and substitutes the new section 8, 8A, 8B, 8C, 8D, 8E, 8F and 8G in respect of registered general building contractors). 2. Remaining provisions of this section have commenced operation since 1 April 1998. (1) A contractor whose name is removed under section 8C(6) may, within 2 years of the date of the expiry of the registration, apply for his name to be restored to the register. (2) An application under subsection (1) must- (a) be accompanied by a declaration in the specified form, the information and the documentary proof that the Building Authority may reasonably require to be satisfied that the applicant is suitable to be registered; (b) specify a period of either 1 year or 3 years beginning on the date of restoration as the period for which he seeks registration; and (c) be accompanied by the prescribed restoration fee and the prescribed registration fee.(3) The Building Authority may seek the advice of the Contractors Registration Committee on the restoration of name to the register. (4) The Building Authority, if he allows an application, is to issue to the applicant a certificate of registration and restore the name of the applicant to the relevant register. (Added 54 of 1996 s. 9) Cap 123 s 8E Building Authority to give reasons Remarks: 1. L.N. 532 of 1997 has brought 54 of 1996 s. 9 in operation on 7 November 1997 (in so far as that section repeals section 8 in respect of registered contractors and substitutes the new section 8, 8A, 8B, 8C, 8D, 8E, 8F and 8G in respect of registered general building contractors). 2. Remaining provisions of this section have commenced operation since 1 April 1998. The Building Authority is required to give reasons in writing for a decision not to include, retain or restore a contractor's name in a register at the time of giving notice of the refusal. (Added 54 of 1996 s. 9) Cap 123 s 8F Effective dates Remarks: 1. L.N. 532 of 1997 has brought 54 of 1996 s. 9 in operation on 7 November 1997 (in so far as that section repeals section 8 in respect of registered contractors and substitutes the new section 8, 8A, 8B, 8C, 8D, 8E, 8F and 8G in respect of registered general building contractors). 2. Remaining provisions of this section have commenced operation since 1 April 1998. (1) A registration is effective- (a) for an initial registration or a restoration to a register, from the date of the registration or restoration; and (b) for a renewal of registration, from the date of the expiry of the previous registration.(2) A registration expires on the expiry of the period specified in the certificate of registration unless the contractor's name is removed from the relevant register by order of a disciplinary board. (3) A reference to the expiry of a registration (except an expiry pursuant to section 53F) is construed according to this section. (Added 54 of 1996 s. 9) Cap 123 s 8G Transitional Remarks: 1. L.N. 532 of 1997 has brought 54 of 1996 s. 9 in operation on 7 November 1997 (in so far as that section repeals section 8 in respect of registered contractors and substitutes the new section 8, 8A, 8B, 8C, 8D, 8E, 8F and 8G in respect of registered general building contractors). 2. Remaining provisions of this section have commenced operation since 1 April 1998. (1) A registered contractor who is registered as at the date of the commencement of section 8 as enacted by section 9 of the Buildings (Amendment) Ordinance 1996 (54 of 1996) is taken to be a registered general building contractor and the registration will continue to be in force for 2 years after the date of the commencement of this section. (2) A registered ventilation contractor who is registered as at the date of the commencement of this section is taken to be a registered specialist contractor in the appropriate category and the registration will continue to be in force for 2 years after the date of the commencement of this section. (3) Subsections (1) and (2) do not prevent a disciplinary board appointed under section 11(1) from ordering that the name of the contractor be removed from a register for disciplinary reasons. (4) On the first registration of a general building contractor or a specialist contractor after the commencement of this section, the Building Authority may register the contractor for such period less than the 3 years as applied for so as to make the renewal date correspond with the renewal date that would have occurred but for the enactment of the Buildings (Amendment) Ordinance 1996 (54 of 1996) and may only require the applicant to pay a fee proportionate to the period of registration. (Added 54 of 1996 s. 9) Cap 123 s 9 Appointment and duties of registered contractors Remarks: 1. L.N. 532 of 1997 has brought 54 of 1996 s. 10 into operation on 7 November 1997 (in so far as that section repeals section 9 and substitutes the new section 9 in respect of matters not related to registered specialist contractors, specialized works or supervision plans and in so far as that section repeals section 9 and substitutes the new section 9A in respect of general building contractors). 2. L.N. 619 of 1997 has brought 54 of 1996 s. 10 into operation on 22 December 1997 (in relation to the new section 9 in so far as that section concerns supervision plans except provisions relating to registered specialist contractors or specialized works). 3. Remaining provisions of this section have commenced operation since 1 April 1998. (1) A person is required to appoint a registered general building contractor to carry out for him building works or street works other than specialized works. (2) A person is required to appoint a registered specialist contractor to carry out for him specialized works of the category for which the contractor is registered. (3) A person is required to appoint another registered general building contractor to continue to carry out for him building works or street works other than specialized works if the appointed registered general building contractor for the works is unwilling or unable to act. (4) A person is required to appoint another registered specialist contractor to continue to carry out for him specialized works of the category for which the contractor is registered if the appointed registered specialist contractor for the works is unwilling or unable to act. (5) A registered general building contractor appointed to carry out building works or street works other than specialized works is required to- (a) provide continuous supervision to the carrying out of the works in accordance with his supervision plan; (b) notify the Building Authority of any contravention of the regulations that would result from carrying out the works shown in the plan approved by the Building Authority for the works; and (c) comply generally with this Ordinance. (6) A registered specialist contractor appointed to carry out specialized works is required to- (a) provide continuous supervision to the carrying out of the works in accordance with his supervision plan; (b) notify the Building Authority of any contravention of the regulations that would result from carrying out the works shown in the plan approved by the Building Authority for the works; and (c) comply generally with this Ordinance.(7) A registered general building contractor may carry out specialized works (other than works required to be carried out by a registered ventilation contractor prior to the commencement of the Buildings (Amendment) Ordinance 1996 (54 of 1996)) for 2 years after the commencement of that Ordinance or such further period as the Building Authority may by notice in the Gazette determine. (Replaced 54 of 1996 s. 10) Cap 123 s 9A Appeals from Registration Committees Remarks: 1. This section has commenced operation since 3 January 1997 only in so far as it relates to matters arising from the applications for inclusion in the relevant register as authorized persons or registered structural engineers. 2. Adaptation amendments retroactively made - see 25 of 1998 s. 2. 3. This section has commenced operation on 7 November 1997 only in so far as it is in respect of general building contractors. 4. Remaining provisions of this section have commenced operation on 1 April 1998. (1) A person who is aggrieved by a decision of a Registration Committee under this Part may appeal to a judge of the Court of First Instance. (2) On an appeal the judge may confirm, reverse or vary the order of the Registration Committee. (3) The practice for the appeal is subject to any rules of court made under the High Court Ordinance (Cap 4). (4) The decision of the judge is final. (Added 54 of 1996 s. 10. Amended 25 of 1998 s. 2) Cap 123 s 10 (Repealed 43 of 1993 s. 3) (Repealed 43 of 1993 s. 3) Cap 123 s 11 Appointment and powers of disciplinary board (1) The Secretary for Housing, Planning and Lands may from time to time, appoint a disciplinary board. (Amended 77 of 1994 s. 7; 54 of 1996 s. 11; L.N. 330 of 1999; L.N. 106 of 2002) (2) Every board appointed to hear and determine any proceedings against a registered general building contractor shall consist of- (Amended 77 of 1994 s. 7; 54 of 1996 s. 11) (a) 3 persons who are members of the Registered Contractors' Disciplinary Board Panel appointed under section 11A; (Amended 36 of 1997 s. 4) (b) 4 persons who are members of the Authorized Persons' and Registered Structural Engineers' Disciplinary Board Panel appointed under section 5A of whom- (Amended 54 of 1996 s. 11) (i) 1 shall be a person referred to in section 5A(2)(a); (ii) 1 shall be a person referred to in section 5A(2)(b); and (iii) 1 shall be a person referred to in section 5A(2)(c); (iv) 1 shall be a person referred to in section 5A(2)(d); (Added 54 of 1996 s. 11)(c) 1 person selected from among the persons nominated in accordance with subsection (4A). (Replaced 36 of 1997 s. 4) (d) (Repealed 36 of 1997 s. 4)(3) Every board appointed to hear and determine any proceedings under section 13 against a registered specialist contractor shall consist of- (Amended 43 of 1987 s. 44; 77 of 1994 s. 7; 54 of 1996 s. 11) (a) 2 persons who are members of the Registered Contractors' Disciplinary Board Panel who are in the same sub-register of specialized works as the specialist contractor about whom the disciplinary board is to inquire; (Replaced 54 of 1996 s. 11) (b) 4 persons who are members of the Authorized Persons' and Registered Structural Engineers' Disciplinary Board Panel of whom- (i) 1 is an architect appointed under section 5A(2)(a); (ii) 1 is an engineer appointed under section 5A(2)(b); (iii) 1 is a surveyor appointed under section 5A(2)(c); and (iv) 1 is a registered structural engineer appointed under section 5A(2)(d); (Replaced 54 of 1996 s. 11)(c) 1 person selected from among the persons nominated in accordance with subsection (4A). (Replaced 36 of 1997 s. 4) (d) (Repealed 54 of 1996 s. 11)(3A) The chairman of a disciplinary board shall appoint a legal adviser to assist in the conduct of the hearing of the disciplinary proceedings and to advise the disciplinary board on points of law that arise during the hearing. The disciplinary board may confer with the legal adviser after the conclusion of the hearing and before it hands down its decision but only after giving the person who is the subject of the hearing and his legal representative, if any, the right to be present while the legal adviser gives advice to the disciplinary board and the right to comment on the matters raised by the legal adviser to the disciplinary board. (Added 54 of 1996 s. 11) (3B) A registered general building contractor or a registered specialist contractor, against whom disciplinary proceedings are taken, is entitled to be represented by a legal practitioner at disciplinary proceedings. (Added 54 of 1996 s. 11) (4) The chairman of a disciplinary board appointed under subsection (1) shall be elected from the members of the board by its members. (4A) For the purpose of subsections (2)(c) and (3)(c), the Building Authority is to invite such bodies as the Building Authority may think fit to nominate persons for the Secretary for Housing, Planning and Lands to consider for appointment to the disciplinary board. (Added 36 of 1997 s. 4. Amended L.N. 330 of 1999; L.N. 106 of 2002) (5) For the purposes of any inquiry under section 13, a disciplinary board appointed under this section shall have all such powers as are vested in the Court of First Instance in relation to- (Amended 25 of 1998 s. 2) (a) enforcing the attendance of witnesses and examining them upon oath or otherwise; (b) compelling the production of documents; (c) ordering the inspection of premises; and (d) entering upon and viewing premises.(6) The members of any disciplinary board appointed under this section, other than persons who are in full-time employment in any office of emolument under the Government, shall be remunerated at such rate as the Chief Executive may determine from time to time or in any particular case. (Added 16 of 1966 s. 4. Amended 62 of 2000 s. 3) (Amended 52 of 1974 s. 7; 36 of 1997 s. 4) Cap 123 s 11A Contractors' Disciplinary Board Panel Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) There shall be a Registered Contractors' Disciplinary Board Panel, wh
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