LIFTS AND ESCALATORS (SAFETY) ORDINANCE

LIFTS AND ESCALATORS (SAFETY) ORDINANCE

LAWS OF HONG KONG

LIFTS AND ESCALATORS (SAFETY) ORDINANCE

CHAPTER 327





CHAPTER 327

LIFTS AND ESCALATORS (SAFETY) ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

PART I

PRELIMINARY

1. Short title................................ ... ... ... ... ... ... ... ... 4
2. Interpretation............................. ... ... ... ... ... ... ... ... 4

3. Application ...................... ... ... ... ... ... ... ... ... ... 6

4. Certain works deemed to be major alterations in relation to lifts ... ... ... ... 8

PART II

REGISTERED LIFT ENGINEERS AND REGISTERED ESCALATOR ENGINEERS

5. Registers of lift engineers and escalator engineers and qualifications for inclusion

therein ............................... ... ... ... ... ... ... ... ... 9

6.......................Procedure on application for registration ... ... ... ... ... ... ... ... 10

7..............Removal from register ......... ... ... ... ... ... ... ... ... ... ... 10

8.......................Appointment of disciplinary board, etc . ... ... ... ... ... ... ... ... 11
8A......................Appointment of disciplinary board panel ... ... ... ... ... ... ... ... 11

9................Disciplinary proceedings .... ... ... ... ... ... ... ... ... ... ... 12

10.............................Powers of disciplinary board appointed under section 8 ... ... ... ... ... 13

11..................Appeals from disciplinary board ... ... ... ... ... ... ... ... ... ... 13

11A............................Duties of registered lift engineers or escalator engineers ... ... ... ... ... 13

PART IIA

REGISTERED LIFT CONTRACTORS AND REGISTERED ESCALATOR CONTRACTORS

11B. Registers of lift contractors and escalator contractors ... ... ... ... ... ... 14

11C......................Procedure on application for registration ... ... ... ... ... ... ... ... 14

11D.............Removal from register ..... ... ... ... ... ... ... ... ... ... ... ... 15

11E......................Appointment of disciplinary board, etc . ... ... ... ... ... ... ... ... 15
11F......................Appointment of disciplinary board panel ... ... ... ... ... ... ... ... 16

11G...............Disciplinary proceedings ... ... ... ... ... ... ... ... ... ... ... 16

11H...............................Powers of disciplinary board appointed under section 11 E ... ... ... ... 17

11I.................Appeals from disciplinary board ... ... ... ... ... ... ... ... ... ... 17

11J...............................Duties of registered lift contractors or escalator contractors ... ... ... ... 17

PART III


EXAMINATION OF NEW LIFTS AND ESCALATORS AND TESTING OF SAFETY
EQUIPMENT PROVIDED THEREFOR AND EXAMINATION AND
TESTING OF LIFTS AND ESCALATORS TO WHICH CERTAIN

ALTERATIONS HAVE BEEN MADE

12. Examination of new lifts and escalators and testing of safety equipment

provided therefor...................... ... ... ... ... ... ... ... ... 18





Section Page

13. Examination and testing of lifts to which major alterations have been made and of

escalators to which alteration of speed, etc. has been made ... ... ... ... 19
14. Procedure upon refusal of Director under sections 12 and 13 ... ... ... ... 20

15. Owner may appeal against refusal of Director ... ... ... ... ... ... ... 20

15A.....................Part III not to apply to service lifts ... ... ... ... ... ... ... ... ... 20

PART IIIA

APPEAL BOARD

16.....................Appointment of appeal board, etc . ... ... ... ... ... ... ... 20
16A....................Appointment of appeal board panel ... ... ... ... ... ... ... ... ... 21

16B................Powers of appeal board ..... ... ... ... ... ... ... ... ... ... ... 21

17.................................Determination of appeal board and procedure thereafter ... ... ... ... 22

18........................Appeal to High Court on point of law ... ... ... ... ... ... . ... 23

PART IV

MAINTENANCE AND EXAMINATION OF LIFTS AND
ESCALATORS AND
TESTING OF SAFETY EQUIPMENT PROVIDED THEREFOR

19..........................Periodic maintenance of lifts and escalators ... ... ... ... ... ... ... 23

20. Certain lift works and escalator works to be carried out by registered lift contractor

or registered escalator contractor ..... ... ... ... ... ... ... ... ... 23

21...................Periodic examination of lifts ... ... ... ... ... ... ... ... ... ... 23
22...................Periodic examination of escalators ... ... ... ... ... ... ... ... ... 24

23..........................Periodic testing of safety equipment of lifts ... ... ... ... ... ... ... 24
24..........................Periodic testing of safety equipment of escalators ... ... ... ... ... ... 24

25. Power of Director to require lift or escalator to be examined or safety equipment to

be tested ............................... ... ... ... ... ... ... ... 24

26.....................Procedure upon examination or test ... ... ... ... ... ... ... ... ... 25

27. Power of Director to prohibit use and operation of lift or escalator ... ... ... 26

27A....................Certain occurrences to be reported ... ... ... ... ... ... ... ... ... 27

27B................................Log-book of works to be kept and produced for inspection ... ... ... ... 28

PART IVA

SERVICE LIFTS

27C................Construction of service lifts ... ... ... ... ... ... ... ... ... ... ... 28

27D...........................Overloading and carriage of persons in service lifts ... ... ... ... ... ... 28

27E..................Duty of owners of service lifts ... ... ... ... ... ... ... ... ... ... 28

27F..................................Duty of person engaged in operating service lift to report defects ... ... ... 29







PART V

OFFENCES

28.............Certain offences ............... ... ... ... ... ... ... ... ... ... ... 29

29. Prohibition of use and operation of lifts and escalators in certain cases, and

offences in connection therewith ..... ... ... ... ... ... ... ... ... 30
29A. Prohibition of carrying out of lift works or escalator works by unauthorized persons ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... 32

30. Corruption ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 33





Section...................................... Page

31. Liability of directors, etc. where company convicted of offence ... ... ... 33

PART VI

SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS

32. Lifts and escalators to be numbered in certain cases, etc. 34
33. Director to be notified where major alterations are to be carried out to lift and

where speed, operation or design of escalator is to be altered ... ... 34

34.Registered lift or escalator engineer authorized to make tests for purposes of
examination under section 12, 13, 21 or 22 or in accordance with an order under

section 25 ........................... ... ... ... ... ... ... ... ... 34

35. Right of owner of lift or escalator aggrieved by decision of engineer to apply to

Director, and procedure thereon ......... ... ... ... ... ... ... ... 35

36. Delegation of powers ...................... ... ... ... ... ... ... ... 36

37. Powers of entry ........................... ... ... ... ... ... ... ... 36

38. Power of Director to disconnect supply of electricity in event of contravention of

order under section 27 .................. ... ... ... ... ... ... ... 36

39. Director to certify receipt and registration of certificates from registered lift

engineer or registered escalator engineer ... ... ... ... ... ... ... ... 37

40. Service of orders ...................... ... ... ... ... ... ... ... ... 37

41. Certificates to be countersigned .......... ... ... ... ... ... ... ... ... 37

42. Fees or charges ........................... ... ... ... ... ... ... ... 37

43. Limitation of public liability ......... ... ... ... ... ... ... ... ... 38

44. Power of Director to exempt lifts or escalators from certain provisions of the

Ordinance ............................... ... ... ... ... ... ... ... 38

44A. Power of Director to exempt goods lifts in an industrial undertaking from the

provisions of the Ordinance ............... ... ... ... ... ... ... ... 38
45. Power of Director to specify forms ........ ... ... ... ... ... ... ... ... 39

46. Special provisions as to application of Ordinance where lessee of building res-

ponsible for lift or escalator .......... ... ... ... ... ... ... ... ... 39

47. Saving of agreement between owner of lift or escalator and registered lift engineer,

etc., as to liability ................... ... ... ... ... ... ... ... ... 40

48. Saving of certain Ordinances .............. ... ... ... ... ... ... ... 40
49. Regulations 40

50. Transitional provisions ... ... ... ... ... ... ... ... ... ... ... ... 41





CHAPTER 327

LIFTS AND ESCALATORS (SAFETY)

To provide for the design and construction, and the maintenance in
safe working order of lifts and escalators, for the examination and
testing thereof and for matters connected with the purposes
aforesaid. (Amended, 43 of 1987, s. 2)

[1 February 1961.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Lifts and Escalators (Safety)
Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'appeal board' means an appeal board appointed under section 16;

'authorized person' has the same meaning as in the Buildings
Ordinance; (Added, 43 of 1987, s. 3)

'building works' includes any kind of building construction, repairs,
demolition, alteration or addition and every kind of building
operation;

'Director' means the Director of Electrical and Mechanical Services;
(Amended, L.N. 76182 and L.N. 298182)

,,escalator' means

(a)an inclined, continuous stairway which is driven by
mechanical power and used for raising or lowering
passengers; and

(b)a passenger conveyor that is a continuous walkway which is
driven by mechanical power and used for the conveyance of
passengers on the same or between different traffic levels;
(Replaced, 43 of 1987, s. 3)

,,escalator works' includes any kind of work, not being building works,
connected with the installation, commissioning, testing,
maintenance, repair, alteration or demolition of an escalator or of
the safety equipment provided for an escalator or of any other
machinery or equipment connected with an escalator; (Replaced,
43 of 1987, s. 3)

'governor' means, in relation to a lift or counterweight, an automatic
device which operates the safety gear provided for the lift





or counterweight in the event of the car of the lift or the
counterweight exceeding a pre-determined speed in the downward
direction and, in relation to an escalator, means an automatic
device which will cause the supply of power to the driving machine
of the escalator to be cut off in the event of the escalator exceeding
a pre-determined safe speed;

'industrial undertaking has the same meaning as in the Factories and
Industrial Undertakings Ordinance; (Added, 43 of 1987, s. 3)

'legal officer' has the same meaning as in the Legal Officers Ordinance;
(Added, 43 of 1987, s. 3)

'lift' means a lifting machine or appliance having a car or platform the
direction of movement of which is restricted by a guide or guides,
but does not include an escalator; (Amended, 43 of 1987,s.3)

'lift works' includes any kind of work, not being building works,
connected with the installation, commissioning, testing,
maintenance, repair, alteration or demolition of a lift or of the safety
equipment provided for a lift or of any other machinery or
equipment connected with a lift; (Replaced, 43 of 1987, s. 3)

,,owner', in relation to a building, includes any person holding premises
direct from the Crown, 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 the 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, 43 of 1987, s. 3)

,,owner', in relation to a lift or escalator, means the owner of the
building in which the lift or escalator is installed or, where a lift or
escalator does not form part of the building, or, if forming part of
the building, has not become annexed by operation of law to the
building, the owner of the lift or escalator, and in the latter cases
includes any person who is in possession of the lift or escalator
under any agreement of hire purchase or under any contract
between any supplier of lifts or escalators, or the agent of such
supplier, and such person, for the sale of a lift or escalator,
notwithstanding that the property in the lift or escalator has not
passed to such person and, where the 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, 43 of 1987, s. 3)

'rated load' means the load which a lift or escalator is designed and
constructed to carry at the rated speed;

'rated speed' means. in relation to a lift, the mean of the maximum
speeds attained by the car or platform of the lift in the upward





and downward direction with full rated load, and, in relation to an
escalator, means the speed of the escalator measured along the
angle of inclination;

'registered escalator contractor' means a person whose name is for the
time being on the register of escalator contractors kept under
section 11B; (Amended, 43 of 1987, s. 3)

'registered escalator engineer' means a person whose name is for the
time being on the register of escalator engineers kept under section
5;

'registered lift contractor' means a person whose name is for .the time
being on the register of lift contractors kept under section 11B;
(Amended, 43 of 3)

'registered lift engineer' means a person whose name is for the time
being on the register of lift engineers kept under section 5;

'safety equipment' means, in relation to a lift, the safety gear and the.
governor or other device by which it is operated, the emergency
signals and, where provided, the stop switch, and all machinery
and equipment connected therewith, and, in relation to an
escalator, means the safety gear and the governor or other device
by which it is operated, the broken step chain device, the switches
provided to stop the escalator in an emergency and, where fitted,
the broken drive chain device, and all machinery and equipment
connected therewith;

'safety gear' means, in relation to a lift or counterweight, a mechanical
device which, when operated, stops the car of the lift or the
counterweight and holds the car or counterweight to its guides;

'service lift' means a lift, used or intended to be used exclusively for
carrying goods, having a rated load of not more than 250 kg and a
car in which the area of the floor is not more than 1 M2 and the
height of which is not more than 1.2 m; (Added, 43 of 1987,s.3)

'specified', in relation to a form, means specified by the Director under
section 45. (Added, 43 of 1987, s. 3)

(2) For the avoidance of doubt, it is hereby declared that a supplier
of lifts or escalators or an agent of such supplier who has, under a
contract for the sale or installation of a lift or escalator, retained the
ownership of the lift or escalator pending payment of the cost thereof or
the balance of the cost thereof or the giving of any other consideration
shall not, for the purposes of this Ordinance, be an owner of the lift or
escalator.



3. (1) This Ordinance shall apply to-

(a) every lift other than-
(i) a lift installed in any building belonging to the
Crown or to the government of any member of the





Commonwealth or over which the Crown or such
government has control and management; (Amended, 43 of 1987
s 4)

(ia) a lift installed in any building upon any land vested in the
Housing Authority or in any building over which the Housing
Authority has control and management; (Added 43 Of 1987, s.
4)

(ii) a lift installed in any building upon any land vested in any
person on behalf of Her Majesty's naval, military or air force
services or in any building over which any of such service has
control and management; (Amended, 43 of
1987, s. 4)

(iii) a lift installed in any building which belongs wholly

to the government of a foreign country and which is used
exclusively or mainly for the purposes of the official
business of the consular officer of such government;

(iv) a lift or hoist used solely for the carriage, stacking,
loading or unloading of goods or materials

(A) which does not pass through any floor; and

(B) the height of travel of which does not exceed

3.5 m; (Replaced, 43 of 1987, s. 4)

(v) a lift or hoist used solely for the raising of motor
vehicles

(A) which does not pass through any floor; and

(B) the height of travel of which does not exceed

3.5 m; (Replaced, 43 of 1987, s. 4)

(vi) a skip hoist or hoist used mainly for charging furnaces
or similar appliances;

(vii) a hoist used solely for lifting or feeding material
directly into a machine;

(viii) a ramp connected with any wharf or pier;

(ix) an amusement device;

(x) a stage or orchestra lift;

(xi) a lift or hoist provided, in connection with any building
which is being constructed, for the use solely of persons
employed in the construction thereof or for carrying materials
used therein;

(xii) a belt, bucket, scoop or roller conveyor and any similar
machine;

(xiii) a lift installed in any ship or aircraft; and

(xiv) a service lift used in an industrial undertaking;

(Replaced, 43 of 1987, s. 4)

(b) every 1 tor other than-

(i) an escalator installed in any building belonging to the
Crown or to the government of any member of the Commonwealth
or over which the Crown or such govern

ment has control and management; (Amended, 43 of 1987,s.4)





(ia) an escalator installed in any building upon any land
vested in the Housing Authority or in any building over which
the Housing Authority has control and man-
agement; (Added, 43 of 1987, s. 4)

(ii) an escalator installed in any building upon any land
vested in any person on behalf of Her Majesty's naval, military
or air force services or in any building over which any of such
services has control and management; and (Amended 43 of 1987,
s. 4)


(iii) an escalator installed in any building which belongs
wholly to the government of a foreign country and which is
used exclusively or mainly for the purposes of the official
business of the consular officer of such government.

(2) For the purposes of this section, the expression 'Foreign
country' means any country outside the Commonwealth.

4. Without prejudice to the generality of the expression, the
following shall, for the purposes of this Ordinance be deemed, in
relation to a lift, to be major alterations, namely

(a) any increase in the rated load or rated speed of a lift;

(b) any increase in the dead weight of the car of any lift;

(c) any increase or decrease in the distance which a lift travels;

(d) any change in the type of operation or control of a lift;

(e)any change in the size or number of the ropes which support
the car of any lift or of the ropes supporting the
counterweight;

any change in the size or type of guide rails;

(g)the replacement of, or any change in type of, the safety
equipment provided for any lift or counterweight;

(h) the replacement of the driving-machine of any lift;

(i) the replacement of a controller;

(j) the replacement of a driving-machine brake;

(k)the replacement, addition or removal of the doors of any lift-
way; (Amended, 43 of 1987, s. 5)

(l)the addition to the doors of any lift-way of interlocking
devices or the addition of electrical contacts to the door of
any lift-way or the car of any lift;

(m)the addition of switches to enable access to be obtained to
any lift-way;

(n)the addition, at the top of the car of any lift, of devices to
enable the lift to be operated therefrom;

(o)the addition of automatic devices to operate the doors of the
lift-way or the car of any lift;





(p) the addition of rope equalizers;

(q) the addition of auxiliary rope-fastening devices;

(r) the addition of car-levelling devices; or

(s) the addition of roller guide shoes.

PART 11

REGISTERED LIFT ENGINEERS AND
REGISTERED
ESCALATOR ENGINEERS

5. (1) The Director shall keep a register (hereinafter referred to as
the register of lift engineers) of persons who are, in his opinion,
qualified to carry out the duties and exercise the functions required by
this Ordinance to be carried out and exercised by a registered lift
engineer and shall also keep a register (hereinafter referred to as the
register of escalator engineers) of persons who are, in his opinion,
qualified to carry out the duties and exercise the functions so required
to be carried out and exercised by a registered escalator engineer.

(2) Save as provided in subsection (213), no person shall be
included in the register of lift engineers or the register of escalator
engineers unless he

(a)has a higher diploma or higher certificate in mechanical or
electrical or electronic engineering from the Hong Kong
Polytechnic or a technical institute or such equivalent or
higher qualifications as the Director may approve;

(b)has completed an apprenticeship of not less than 2 years in
mechanical or electrical or electronic engineering and has not
less than 3 years' subsequent working experience in the
installation, commissioning, testing and maintenance of lifts or
escalators, as the case may be; and

(c)has satisfied the Director that he has the necessary practical
experience and general knowledge of the relevant statutory
requirements to carry out the duties and exercise the functions
required to be carried out by this Ordinance by a registered lift
engineer or registered escalator engineer, as the case may be.
(Replaced, 43 of 1987, s. 6)

(2A) A person who has had 10 years' practical experience in the
installation, commissioning, testing and maintenance of lifts or
escalators, if in the opinion of the Director such experience is
appropriate, shall be deemed to satisfy paragraphs (a) and (b) of
subsection (2). (Added, 43 of 1987, s. 6)

(213) The Director may include in the register of lift engineers or the
register of escalator engineers or both registers, any person who is not
qualified for inclusion therein under subsection (2) or (2A), if in any
particular case the Director is of the opinion that such





person is qualified to carry out the duties and exercise the functions
required to be carried out by this Ordinance by a registered lift engineer
or registered escalator engineer, as the case may be. (Added, 43 of
1987, s. 6)

(3) No body of persons, corporate or unincorporate, shall be
eligible for inclusion in the register of lift engineers or the register of
escalator engineers.

(4) The register of lift engineers and the register of escalator
engineers shall be kept in such form, and shall contain such particulars,
as the Director thinks fit. (Added, 43 of 1987, s. 6)

(5) A certified copy of an entry in any such register, or a certificate
to the effect that any name specified therein is not included in any such
register, issued under the hand of the Director shall, until the contrary is
shown, be received in evidence as proof of the facts stated therein as at
the date of such certified copy or certificate on its production without
further proof. (Added, 43 of 1987, s. 6)

6. (1) Every application for inclusion in the register of lift engineers
or the register of escalator engineers shall be made to the Director in the
specified form. (Amended, 43 of 1987, s. 7)

(2) Where, upon any such application, the Director is of the
opinion that the applicant is qualified in accordance with section 5, he
shall, within 3 months of his receipt of the application, include the name
of the applicant in the register of lift engineers or the register of
escalator engineers or both registers, as the case may be, and shall
issue to him a certificate of registration in the specified form; but no
name shall be so included in a register except upon payment of the
prescribed fee. (Replaced, 43 of 1987, s. 7)

(3) Where, upon any such application, the Director is not of the
opinion that the applicant is qualified in accordance with section 5, he
shall refuse the application and shall, within 3 months of his receipt of
the application, notify the applicant in writing of his refusal. (Replaced,
43 of 1987, s. 7)

(4) Where applications under subsection (1) for inclusion in the
register of lift engineers and the register of escalator engineers are made
by an applicant at the same time he shall pay the fee prescribed for
inclusion in both registers. (Added, 43 of 1987, s. 7)

(5) Any person whose application for inclusion in the register of lift
engineers or the register of escalator engineers or both registers is
refused may, within one month of the date of notification to him of the
refusal, appeal to an appeal board by submitting the appeal to the
Director. (Added, 43 of 1987, s. 7)

7. (1) The Director may remove from the register of lift engineers or
the register of escalator engineers or both registers, as the case may be,
the name of any person who

(a) dies; or





(b)ceases, for any reason, to be a lift engineer or an escalator
engineer. (Amended, 43 of 1987, s. 8)

(2) If a registered lift engineer or a registered escalator engineer
who is employed by a registered lift contractor or a registered escalator
contractor dies or ceases for any other reason to be employed by such
contractor, such contractor shall notify the Director of the fact as soon
as practicable.

8. (1) The Director may, whenever it is necessary to do so for the
purposes of section 9, appoint a disciplinary board.

(2) Every disciplinary board appointed under this section shall
consist of

(a)on-- person whose name is included in list 11 kept under
section of the Buildings Ordinance and who is a member of the
panel appointed under section 8A;

(b)3 persons who are members of the panel appointed under
section 8A(1)(a), (b) or (c), of whom at least one shall be
qualified as an electrical or electronic engineer and at least one
as a mechanical or building services engineer; and

(c) the Director or his representative.

(3) The Director or his representative shall be the chairman of a
disciplinary board appointed under this section, and the chairman shall
determine the procedure of the board.

(4) A legal officer may be present at any proceedings of a
disciplinary board appointed under this section to advise the chairman
on any matter.

(5) A member of a disciplinary board appointed under this section,
other than a member who is a public officer, shall be remunerated at
such rate as the Financial Secretary may determine from time to time or
in any particular case.

(Replaced, 43 of 1987, s. 9)

8A. (1) The Secretary for Lands and Works shall, having

regard to the requirements of section 8 relating to the membership of
a disciplinary board, appoint a panel of persons (the 'disciplinary
board panel') which shall consist of not more than 20 members, of
whom-

(a)not more than 5 shall be members of the Hong Kong Institution
of Engineers who are qualified as mechanical or building
services engineers;

(b)not more than 5 shall be members of the Hong Kong Institution
of Engineers who are qualified as electrical or electronic
engineers;

(c)not more than 5 shall be registered lift engineers or registered
escalator engineers; and





(d)not more than 5 shall be engineers whose names are included
in list II kept under section 3(2)(b) of the Buildings Ordinance.

(2) No person shall be appointed to be a member of the disciplinary
board panel unless he has been in practice in Hong Kong for a period of
at least 10 years and has been recommended by the Director after
consultation with the appropriate Institution of which he is a member
(where subsection (1)(a) or (b) applies) or after consultation with that
person (where subsection (1)(c) or (d) applies).

(3) Members of the disciplinary board panel shall be appointed for
3 years but shall be eligible for re-appointment.

(4) Members of the disciplinary board panel may resign at any time
by notice in writing given to the Secretary for Lands and Works.

(Added, 43 of 1987, s. 10)

9. (1) Where it appears to the Director that a registered lift engineer
or a registered escalator engineer has been convicted by any court of
such an offence, or has in carrying out any lift works or escalator works,
as the case may be, been guilty of such negligence or misconduct, as to

(a)render the lift engineer or the escalator engineer unfit to be on
the register of lift engineers or on the register of escalator
engineers; or

(b)make the further inclusion on the register of lift engineers or
the register of escalator engineers of the lift engineer or
escalator engineer prejudicial to the due administration of this
Ordinance; or

(c)render the lift engineer or escalator engineer deserving of
censure, (Added, 43 of 1987, s. 11)

the Director may bring the matter to the notice of a disciplinary board
appointed under section 8. (Amended, 43 of 1987, s. 11)

(2) Where, after due inquiry, the disciplinary board is satisfied that
the registered lift engineer or the registered escalator engineer has been
convicted of such an offence or has been guilty of such negligence or
misconduct as is referred to in subsection (1), such board may-
(Amended, 43 of 1987, s. 11)

(a) order-

(i) that the name of the lift engineer or escalator engineer be
removed from the register of lift engineers or the register of
escalator engineers or both registers, as the case may be,
either permanently or for such period as the board directs; or

(ii) that the lift engineer or escalator engineer be

reprimanded; and(Replaced, 43 of 198 7, s. 11)





(b)order that its findings and any order made under paragraph
(a)(i) or (ii) be published in the Gazette. (Replaced, 43 of
1987, s. 11)

(3) The disciplinary board may make such order as it thinks fit with
regard to the payment of the costs of proceedings under this section
and the cost of the Director or of the lift engineer or escalator engineer
in respect of whom the proceedings are brought, and any costs so
awarded shall be recoverable as a civil debt. (Added, 43 of 1987, s. 11)

10. A disciplinary board appointed under section 8 may for the
purposes of proceedings before it

(a) require any person to attend the proceedings as a witness,
administer oaths and examine witnesses upon oath;

(b) order the production of relevant documents;

(c)order the inspection of premises in which any lift or escalator
has been installed or in which lift works or escalator works
have been carried out; and

(d) authorize the entry upon and viewing of such premises.

(Replaced, 43 of 1987, s. 12)

11. (1) Any lift engineer or escalator engineer aggrieved by any
order made in respect of him under section 9(2) may appeal to a judge of
the High Court, and upon any such appeal the judge may confirm,
reverse or vary the order of the disciplinary board or may remit the
matter to the board with his opinion thereon.

(2) Notice of any such appeal shall be given by the lift engineer or
the escalator engineer within one month from the date of such order.

(3) Save as otherwise provided in this Ordinance, the practice in
relation to any such appeal shall be subject to any rules of court made
under the Supreme Court Ordinance.

(4) The decision of the judge shall be final.

11A. (1) A registered lift engineer or registered escalator engineer
shall in carrying out any lift works or escalator works, as the case may
be

(a)ensure that the lift works or escalator works comply with the
requirements of this Ordinance and the Buildings Ordinance;
and

(b) examine the lifts or escalators in question and test the safety
equipment provided therefor and examine and test any lifts or
escalators to which major alterations have been made, in
accordance with this Ordinance.





(2) Every registered lift engineer and registered escalator
engineer shall notify the Director of any change in his business
address or residential address, within 14 days of such change.
(Added, 43 of 1987, s. 13)

PART IIA

REGISTERED LIFT CONTRACTORS AND REGISTERED
ESCALATOR CONTRACTORS

11B. (1) The Director shall keep a register (hereinafter
referred to as the register of lift contractors) of persons who are, in
his opinion, qualified to carry out lift works, and shall also keep a
register (hereinafter referred to as the register of escalator contrac-
tors) of persons who are, in his opinion, qualified to carry out
escalator works.

(2) The register of lift contractors and the register of escalator
contractors shall be kept in such form, and shall contain such
particulars, as the Director thinks fit.

(3) A certified copy of an entry in any such register, or a
certificate to the effect that any name specified therein is not included
in any such register, issued under the hand of the Director shall,
until the contrary is shown, be received in evidence as proof of the
facts stated therein as at the date of such certified copy or certificate
on its production without further proof.

11C. (1) Every application for inclusion in the register of lift
contractors or the register of escalator contractors shall be made to
the Director in the specified form.

(2) In considering an application under subsection (1), the
Director may require the applicant to submit such further partic-
ulars as the Director may require and shall have regard to the
qualifications and experience of the applicant and of persons
employed by the applicant to supervise and carry out the lift works
or escalator works, as the case may be.

(3) The Director shall, within 3 months of his receipt of an
application under subsection (1) or such further particulars as he
may require under subsection (2)-

(a)where he is of the opinion that the applicant and any
persons employed by the applicant are qualified and
experienced in accordance with subsection (2), include the
name of the applicant in the register of lift contractors or
the register of escalator contractors or both registers, as
the case may be, and shall issue to the applicant a certifi-
cate in the specified form; but no name shall be so included
in a register except upon payment of the prescribed fee; or

(b)where he is not of the opinion that the applicant and
any persons employed by the applicant are qualified and






experienced in accordance with subsection (2), refuse the
application and notify the applicant in writing of his refusal.

(4) Any person whose application for inclusion in the register of lift
contractors or the register of escalator contractors or both registers is
refused may, within one month of the date of notification to him of the
refusal, appeal to an appeal board by submitting the appeal to the
Director.

11D. The Director may remove from the register of lift contractors
or the register of escalator contractors or both registers, as the case may
be, the name of any person who

(a) dies;

(b)ceases, for any reason, to be a lift contractor or escalator
contractor;

(c)ceases to be qualified for inclusion under section 11 C in such
register or registers; or

(d)ceases to employ one or more persons who have the
qualifications and experience in accordance with section 11
C(2).

11E. (1) The Director may, whenever it is necessary to do so for the
purposes of section 11G, appoint a disciplinary board.

(2) Every disciplinary board appointed under this section shall
consist of

(a)one person who is a member of the panel appointed under
section 11F;

(b)one person whose name is included in list II kept under
section 3(2)(b) of the Buildings Ordinance and who is a
member of the panel appointed under section 8A;

(c)3 persons who are members of the panel appointed under
section 8A(l)(a), (b) or (c), of whom at least one shall be
qualified as an electrical or electronic engineer and at least one
as a mechanical or building services engineer; and

(d) the Director or his representative.

(3) The Director or his representative, or such other member of the
disciplinary board appointed under this section as the Director may
appoint, shall be the chairman of a disciplinary board appointed under
this section, and the chairman shall determine the procedure of the
board.

(4) A legal officer may be present at any proceedings of a
disciplinary board appointed under this section to advise the chairman
on any matter.

(5) A member of a disciplinary board appointed under this section,
other than a member who is a public officer, shall be





remunerated at such rate as the Financial Secretary may determine from
time to time or in any particular case.

11F. (1) The Secretary for Lands and Works shall, having

regard to the requirements of section 11 E relating to the mem-
bership of a disciplinary board, appoint a panel of persons (the
'disciplinary board panel') which shall consist of not more than 5
members who are registered lift contractors or registered escalator
contractors.

(2) Members of the disciplinary board panel shall be appointed for
3 years but shall be eligible for re-appointment.

(3) Members of the disciplinary board panel may resign at any time
by notice in writing given to the Secretary for Lands and Works.

11G. (1) Where it appears to the Director that a registered lift
contractor or a registered escalator contractor has been convicted by
any court of such an offence, or has in carrying out any lift works or
escalator works, as the case may be, been guilty of such negligence or
misconduct, as to

(a)render the lift contractor or the escalator contractor unfit to be
on the register of lift contractors or on the register of escalator
contractors; or

(b)make the further inclusion on the register of lift contractors or
the register of escalator contractors of the lift contractor or
escalator contractor prejudicial to the due administration of
this Ordinance; or

(c)render the lift contractor or escalator contractor deserving of
censure,

the Director may bring the matter to the notice of a disciplinary board
appointed under section 11 E.

(2) Where, after due inquiry, the disciplinary board is satisfied that
the registered lift contractor or the registered escalator contractor has
been convicted of such an offence or has been guilty of such
negligence or misconduct as is referred to in subsection (1), the board
may

(a) order-

(i) that the name of the lift contractor or escalator contractor
be removed from the register of lift contractors or the register
of escalator contractors or both registers, as the case may be,
either permanently or for such period as the board directs; or

(ii) that the lift contractor or escalator contractor be fined a
sum not exceeding $50,000, which sum may be recoverable as
a civil debt; or

(iii) that the lift contractor or escalator contractor be
reprimanded; and





(b)order that its findings and any order made under paragraph
(a)(i), (ii) or (iii) be published in the Gazette.

(3) The disciplinary board may make such order as it thinks fit with
regard to the payment of the costs of proceedings under this section
and the costs of the Director or of the lift contractor or escalator
contractor in respect of whom the proceedings are brought, and any
costs so awarded shall be recoverable as a civil debt.

11H. A disciplinary board appointed under section 11 E may for
the purposes of proceedings before it

(a)require any person to attend the proceedings as a witness,
administer oaths and examine witnesses upon oath;

(b) order the production of relevant documents;

(c)order the inspection of premises in which any lift or escalator
has been installed or in which lift works or escalator works
have been carried out; and

(d) authorize the entry upon and viewing of such premises.

11I. (1) Any lift contractor or escalator contractor aggrieved by
any order made in respect of him under section 11 G(2) may appeal to a
judge of the High Court, and upon such appeal the judge may confirm,
reverse or vary the order of the disciplinary board or may remit the
matter to the board with his opinion thereon.

(2) Notice of any such appeal shall be given by the lift contractor
or the escalator contractor within one month from the date of such
order.

(3) Save as otherwise provided in this Ordinance, the practice in
relation to any such appeal shall be subject to any rules of court made
under the Supreme Court Ordinance.

(4) The decision of the judge shall be final.

11J. (1) A registered lift contractor or registered escalator
contractor shall

(a)in respect of any lift or escalator installed or to be installed by
him, obtain a certificate from the manufacturer of the lift or
escalator, as the case may be, or his agent certifying that the
lift or escalator is designed and constructed in accordance
with any regulations made under this Ordinance and the
Buildings Ordinance;

(b)supervise the carrying out of the lift works or escalator works
in question;

(c)ensure that the lift works or escalator works in question are
carried out by a person specified in section 29A(I), (2) or (3),
as the case may be; and





(d)carry out the lift works or escalator works in question in
accordance with the provisions of this Ordinance and the
Buildings Ordinance.

(2) Every registered lift contractor and registered escalator
contractor shall, within 14 days, notify the Director when he ceases to
carry out periodic maintenance in respect of any lift or escalator under
section 19 and shall specify the address and number (if any) of the lift or
escalator in his notification.

(3) Every registered lift contractor and registered escalator
contractor shall, within 14 days, notify the Director of any change in his
business address.

(Part IIA added, 43 of 1987, s. 14)

PART III

EXAMINATION OF NEW LIFTS AND ESCALATORS AND
TESTING OF
SAFETY EQUIPMENT PROVIDED THEREFOR AND
EXAMINATION
AND TESTING OF LIFTS AND ESCALATORS TO WHICH
CERTAIN ALTERATIONS HAVE BEEN MADE

12. (1) Upon the completion of the installation of any lift or
escalator, the owner of the lift or escalator shall, before the same is put
into normal operation

(a)cause the lift or escalator and all machinery and equipment
connected therewith to be thoroughly examined by a registered
lift engineer or a registered escalator engineer, as the case may
be, and, without prejudice to the generality of the foregoing,
every such examination shall, in the case of a lift, include,
where applicable, an examination of the motor, brakes and
control equipment of the lift, of the interlocking devices
provided for the doors or gates of the lift-way and the car of
the lift and of the safety equipment provided for the lift; and

(b)cause the safety equipment provided for the lift or escalator to
be tested by a registered lift engineer or a registered escalator
engineer, as the case may be, in the following manner, namely

(i) in the case of a lift, by the operation of the same with full
rated load in the lift; and

(ii) in the case of an escalator, by the operation of the same
without any load on the escalator.

(2) When the registered lift engineer or the registered escalator

engineer, as the case may be, is satisfied that the lift or escalator and all
such machinery and equipment and the safety equipment provided for
the lift or escalator is in safe working order, he shall deliver to the owner
of the lift or escalator a certificate in duplicate in the specified form, and
the owner shall deliver the certificate in duplicate, and pay the
prescribed fee, to the Director within 7 days of the

receipt of the certificate by the owner.(Amended, 43 of 1987, s. 15)





(3) On receipt of the certificate and the prescribed fee under
subsection (2), the Director shall- (Amended, 43 of 1987, s. 15)

(a)if he is satisfied that the lift or escalator and all such machinery
and equipment and the safety equipment provided therefor is
in safe working order and save as provided in section 32(2), by
notice in the specified form permit the lift or escalator to be
used and operated; or (Amended, 43 of 1987, s. 15)

(b)if he is not so satisfied, refuse to permit the lift or escalator to
be used or operated.

(4) The Director shall be deemed to have permitted the lift or
escalator to be used and operated unless, within the period and
in the manner prescribed by section 14(1) he notices the owner thereof

that he refuses to permit the same to be used or operated.

13. (1) Where any lift works which consist, either wholly or in part,
of major alterations have been carried out in respect of any lift and
where any escalator works which consist, either wholly or in part, of the
alteration of the speed, operation or design of the escalator have been
carried out in respect of any escalator, the owner of the lift or escalator
shall, before the normal use and operation thereof is resumed, cause the
lift or escalator to be examined and tested by a registered lift engineer or
a registered escalator engineer, as the case may be, so far as may be
necessary to determine that those parts of the lift or escalator affected
by such lift works or escalator works are in safe working order.

(2) When the registered lift engineer or the registered escalator
engineer, as the case may be, is satisfied that such parts of the lift or
escalator are in safe working order, he shall deliver to the owner of the
lift or escalator a certificate in the specified form, and the owner shall
deliver the certificate, and pay the prescribed fee, to the Director within
7 days of the receipt of the certificate by the owner. (Amended, 43 of
1987, s. 16)

(3) On receipt of the certificate and the prescribed fee under
subsection (2), the Director shall- (Amended, 43 of 1987, s. 16)

(a)if he is satisfied that such parts of the lift or escalator are in
safe working order, by notice in the specified form permit the
use and operation of the lift or escalator to be resumed; or
(Amended, 43 of 1987, s. 16)

(b)if he is not so satisfied, refuse to permit the use or operation
of the lift or escalator to be resumed.

(4) The Director shall be deemed to have permitted the use and
operation of the lift or escalator to be resumed unless, within the period
and in the manner prescribed by section 14(1), he notifies the owner
thereof that he refuses to permit the use or operation of the same to be
resumed.





14. (1) Where, under section 12(3)(b) and section 13(3)(b),
respectively, the Director refuses to permit a new lift or escalator to be
used or operated or refuses to permit the use or operation of a lift or
escalator to be resumed, he shall, in writing within 14 days of the receipt
by him of the certificate of the registered lift engineer or registered
escalator engineer, notify the owner of the lift or escalator that he so
refuses and shall, at the same time, inform such owner of the ground for
his refusal and of the work which is, in his opinion, necessary

(a)in the case of a refusal under section 12(3)(b) to put the lift or
escalator and all machinery and equipment connected
therewith and the safety equipment provided therefor in safe
working order; and

(b)in the case of a refusal under section 13(3)(b), to put those
parts of the lift or escalator affected by the lift works or
escalator works in safe working order.

(2) Save as provided in section 32(2), the Director shall, when he
is satisfied that such lift or escalator and all machinery and equipment
connected therewith and the safety equipment provided therefor is in
safe working order or that those parts of the lift or escalator affected by
the lift works or escalator works are in safe working order, as the case
may be, by notice in the specified form permit the lift or escalator to be
used and operated or permit the use and operation of the lift or escalator
to be resumed. (Amended, 43 of 1987, s. 17)

15. (1) Where, under section 12(3)(b) and section 13(3)(b),
respectively, the Director refuses to permit a lift or escalator to be used
or operated or refuses to permit the use or operation of a lift or escalator
to be resumed, the owner of the lift or escalator may appeal against such
refusal to an appeal board.

(2) Notice of any such appeal shall be given to the Director within
one month of the date of notification to the owner such refusal.

(Amended, 43 of 1987, s. 18)

15A. This Part shall not apply to any service lift.

(Added, 43 of 1987, s. 19)

PART IIIA

APPEAL B0ARD

16. (1) The Chief Secretary shall, at the request of the Director made
within 14 days after an appeal is lodged under section 6(5), 11C(4) or 15,
appoint an appeal board.

(2) Every appeal board shall consist of the following members





(a)3 persons appointed by the Chief Secretary from the members
of the panel appointed under section 16A of whom one shall be
qualified as a civil engineer, one shall be qualified as an
electrical or electronic engineer and one shall be qualified as a
mechanical or building services engineer; and

(b) a public officer appointed by the Chief Secretary.

(3) The chairman of an appeal board shall be elected by the
members of the appeal board from the members appointed under
subsection (2)(a) and the chairman shall determine the procedure of the
board.

(4) A legal officer may be present at any proceedings of an appeal
board to advise the chairman on any matter.

(5) A member of an appeal board, other than a member who is a
public officer, shall be remunerated at such rate as the Financial
Secretary may determine from time to time or in any particular case.
(Replaced, 43 of 1987, s. 20)

16A. (1) The Governor shall, having regard to the requirements of
section 16 relating to the membership of an appeal board, appoint a
panel of persons (the 'appeal board panel') and each member of the
appeal board panel shall be nominated for appointment by the President
of the Hong Kong Institution of Engineers and shall be a member of that
Institution.

(2) The appeal board panel shall consist of not more than 15
members of whom

(a)not more than 5 authorized persons who are qualified as civil
engineers;

(b)not more than 5 who are qualified as electrical or electronic
engineers; and

(c)not more than 5 who are qualified as mechanical or building
services engineers.

(3) A public officer shall not be eligible for appointment as a
member of the appeal board panel.

(4) Members of the appeal board panel shall be appointed for 3
years but shall be eligible for re-appointment.

(5) Members of the appeal board panel may resign at any time by
notice in writing given to the Governor.

(Added, 43 of 1987, s. 20)

16B. An appeal board may for the purposes of proceedings before
it

(a)require any person to attend the proceedings as a witness,
administer oaths and examine witnesses upon oath;

(b) order the production of relevant documents;





(c)order the inspection of premises in which any lift or escalator
has been installed or in which lift works or escalator works
have been carried out; and

(d) authorize the entry upon and viewing of such premises.

(Added, 43 of 1987, s. 20)

17. (1) If, after due inquiry, the appeal board is-

(a)in the case of an appeal from a refusal of the Director under
section 12(3)(b), of opinion that the lift or escalator and all
machinery and equipment connected therewith and the safety
equipment provided therefor is in safe working order; or

(b)in the case of an appeal from a refusal of the Director under
section 13(3)(b), of opinion that those parts of the lift or
escalator affected by the lift works or escalator works are in
safe working order,

the board may direct that the Director shall, as soon as practicable, by
notice in the specified form permit the lift or escalator to be used and
operated or permit the use and operation of the lift or escalator to be
resumed, as the case may be. (Amended, 43 of 1987, s. 21)

(2) If, after due inquiry, the appeal board is, in the case of an
appeal from a refusal of the Director under section 12(3)(b), of opinion
that the lift or escalator and all machinery and equipment connected
therewith and the safety equipment provided therefor is not in safe
working order or is, in the case of an appeal from a refusal of the Director
under section 13(3)(b), of opinion that those parts of the lift or
escalator affected by the lift works or escalator works are not in safe
working order, and is of opinion, in either of such cases, that the work
specified by the Director, pursuant to section 14(1), as being necessary
to put the lift or escalator and all such machinery and equipment or such
parts of the lift or escalator, as the case may be, in safe working order is
not necessary, but that other work is so necessary, the board may
specify the work which it considers to be necessary and may direct that
the Director shall, when he is satisfied that such other work has been
carried out, by notice in the specified form permit the lift or escalator to
be used and operated or permit the use and operation of the lift or
escalator to be resumed, as the case may be. (Amended, 43 of 1987, s.
21)

(3) Save as provided in subsections (1) and (2), the appeal board
shall confirm the decision of the Director and, in such a case, section
14(2) shall apply as if there had been no appeal.

(4) An appeal board may on an appeal under section 6(5) or 11 C(4)-
-

(a) confirm the decision of the Director; or

(b) direct the Director to include the name of the appellant in

the relevant register.(Added, 43 of 1987, s. 21)





18. (1) A decision of an appeal board shall be final:

Provided that any person aggrieved by the decision as being
erroneous in point of law may appeal to a judge of the High Court,
and upon any such appeal the judge may confirm, reverse or vary the
decision of the appeal board or may remit the matter to the board
with his opinion thereon.

(2) Notice of any such appeal shall be given within one month
from the date of the decision of the appeal board.

(3) Save as otherwise provided in this Ordinance, the practice
in relation to any such appeal shall be subject to any rules of court
made under the Supreme Court Ordinance.

(4) The decision of the judge shall be final.

PART IV

MAINTENANCE AND EXAMINATION OF LIFTS AND ESCALATORS
AND TESTING OF SAFETY EQUIPMENT PROVIDED THEREFOR

19. (1) The owner of every lift and the owner of every
escalator shall, to the satisfaction of the Director, cause the lift or
escalator, all machinery and equipment connected therewith and the
safety equipment provided therefor to be cleaned, oiled and adjusted
by a registered lift contractor or a registered escalator contractor, as
the case may be, at intervals not exceeding one month.

(2) Subsection (1) shall not apply to any service lift. (Added,
43 of 1987, s. 22)

20. (1) Any lift works which consist, either wholly or in part,
of major alterations in respect of a lift and any other lift works
which may affect the safe working of a lift shall be carried out by a
registered lift contractor.

(2) Any escalator works which consist, either wholly or in
part, of the alteration of the speed, operation or design of an
escalator and any other escalator works which may affect the safe
working of an escalator shall be carried out by a registered escalator
contractor.

(3) Subsection (1) shall not apply to any lift works in respect of
any service lift. (Added, 43 of 1987, s. 23)

21. The owner of every lift shall, at intervals not exceeding
12 months, cause the lift to be thoroughly examined by a registered
lift engineer in order to determine whether the lift and all machinery
and equipment connected therewith is in safe working order and,
without prejudice to the generality of the foregoing, every such
examination shall include, where applicable, an examination of the
motor, brakes and control equipment of the lift, of the interlocking
devices provided for the doors or gates of the lift-way and the car of
the lift, and of the safety equipment provided for the lift.





22. The owner of every escalator shall, at intervals not exceeding 6
months, cause the escalator to be thoroughly examined by a registered
escalator engineer in order to determine whether the escalator and all
machinery and equipment connected therewith is in safe working order.

23. (1) In addition to the examination thereof required by section 21,
the owner of every lift shall cause the safety equipment provided
therefor to be tested by a registered lift engineer

(a)at intervals not exceeding 12 months, by the operation of the
same without any load in the lift;

(b)at intervals not exceeding 5 years, by the operation of the
same with full rated load in the lift;

(c)at intervals not exceeding 5 years, by the operation of the
overload device of the same with a load in the car of the lift
weighing between 90 per cent to 110 per cent of the rated
load; and (Added, 43 of 1987, s. 24)

(d)at intervals not exceeding 5 years, by the operation of the
brake when the car or platform of the lift is travelling in the
downward direction at its rated speed with a load weighing
125 per cent of the rated load for lifts designed and
constructed in accordance with British Standard B.S. 5655
Part 1 and weighing 110 per cent of the rated load for other
lifts. (Added, 43 of 1987, s. 24)

(2) Any test of any safety equipment made in accordance with
paragraph (b) of subsection (1) may be in lieu of the test thereof
required, in respect of that period of 12 months, by paragraph (a) of that
subsection.

(3) Subsections (1) and (2) shall not apply to any service lift.
(Added, 43 of 1987, s. 24)

24. At intervals not exceeding 12 months, the owner of every
escalator shall, in addition to the examination thereof required by
section 22, cause the safety equipment provided therefor to be tested by
a registered escalator engineer by the operation of the same without any
load on the escalator.

25. (1) Where, within 5 weeks after the expiration of any period in
which

(a)a lift or escalator is, by sections 21 and 22, respectively,
required to be examined; or

(b)the safety equipment provided for any lift or escalator is, by
sections 23 and 24, respectively, required to be tested,

the Director has neither received a certificate in the specified form that
the lift or escalator and all machinery and equipment connected
therewith or the safety equipment provided therefor, as the case may be,
is in safe working order nor been notified that the same is not in





safe working order, he may, by order in the specified form served upon
the owner of the lift or escalator, require the owner to cause the lift or
escalator and all machinery and equipment connected therewith to be
examined or the safety equipment provided therefor to be tested, or
both, as the case may be, in accordance with section 21, 22, 23 or 24.

(2) Where the Director is satisfied that any lift works which
consisted, either wholly or in part, of major alterations to a lift or that
any other lift works which may affect the safe working of a lift have
been carried out by some person other than a registered lift contractor,
the Director may, by order in the specified form served upon the owner
of the lift, require the owner to cause the lift and all machinery and
equipment connected therewith to be examined, or the safety equipment
provided therefor to be tested without any load in the lift, or both, by a
registered lift engineer.

(3) Where the Director is satisfied that any escalator works which
consisted, either wholly or in part, of the alteration of the speed,
operation or design of an escalator or that any other escalator works
which may affect the safe working of an escalator have been carried out
by some person other than a registered escalator contractor, the
Director may, by order in the specified form served upon the owner of
the escalator, require the owner to cause the escalator and all machinery
and equipment connected therewith to be examined, or the safety
equipment provided therefor to be tested, or both, by a registered
escalator engineer.

(Amended, 43 of 1987, s. 25)

26.(1) (a) Where, upon any examination under section 21 or 22 or
upon any examination in accordance with an order under
section 25, the registered lift engineer or registered escalator
engineer, as the case may be, is satisfied that the lift or
escalator and all machinery and equipment connected
therewith is in safe working order and where, upon any test
under section 23 or 24 or upon any test in accordance with an
order under section 25, the registered lift engineer or registered
escalator engineer, as the case may be, is satisfied that the
safety equipment provided for the lift or escalator is in safe
working order, he shall, within 21 days of the examination or
test, as the case may be, deliver to the owner of the lift or
escalator a certificate in duplicate in the specified form.
(Amended, 43 of 1987, s.26)

(b)The owner of the lift or escalator shall, within 7 days of his
receipt thereof, deliver to the Director such certificate in
duplicate and the prescribed fee. (Amended, 43 of 1987, s.26)

(2) Where, upon any examination under section 21 or 22 or upon
any examination in accordance with an order under section 25, the
registered lift engineer or registered escalator engineer, as the





case may be, is not satisfied that the lift or escalator and all
machinery and equipment connected therewith is in safe working
order and where, upon any test under section 23 or 24 or upon any
test in accordance with an order under section 25, the registered lift
engineer or registered escalator engineer, as the case may be, is not
satisfied that the safety equipment provided for the lift or escalator is
in safe working order, he shall-

(a)if he is of opinion that any further use or operation of
the lift or escalator would be, or would be likely to be,
dangerous, forthwith report the fact that he is not so
satisfied to the Director and to the owner of the lift or
escalator; or

(b)if he is of opinion that no immediate danger will arise from
the further use and operation of the lift or escalator, report
the fact that he is not so satisfied to the owner of the lift or
escalator, and where-
(i) within a period of 14 days from the date of such
report, the lift or escalator and all machinery and equip-
ment connected therewith or the safety equipment pro-
vided for the lift or escalator, or both, as the case may
be, has been put in safe working order to his satisfaction,
shall give his certificate in the manner provided by subsec-
tion (1)(a); or
(ii) upon the expiration of such period the lift or
escalator and all machinery and equipment connected
therewith or the safety equipment provided for the lift or
escalator, or both, as the case may be, has or have not been
put in safe working order to his satisfaction, shall forth-
with report that he is not satisfied that the lift or escalator
and all machinery and equipment connected therewith or
the safety equipment provided for the lift or escalator, or
both, as the case may be, is or are in safe working order to
the Director.

27. (1) Where the Director-

(a)is not satisfied that the provisions of section 19 are being
complied with in respect of a lift or escalator; or

(b)has, within 21 days of the service of an order under section
25, neither received a certificate in the specified form that
the lift or escalator and all machinery and equipment
connected therewith or the safety equipment provided
therefor, or both, as the case may be, is or are in safe
working order nor been notified that the same is or are not
in safe working order; or (Amended, 43 of 1987, s. 27)

(c)has, under section 26(2), received a report from a regis-
tered lift engineer or a registered escalator engineer that
such engineer is not satisfied that a lift or escalator and
all machinery and equipment connected therewith or the





safety equipment provided for a lift or escalator, or both,
as the case may be, is or are in safe working order; or

(d)is, at any time, satisfied that any lift or escalator is in any
respect not in safe working order; or

(e)is of the opinion that any new lift or escalator would, if
operated, be likely to be operated in contravention of
section 29(1), (Added, 43 of 1987, s. 27)

he may, by order in the specified form served upon the owner of the
lift or escalator, prohibit the use and operation of the lift or
escalator. (Amended, 43 of 1987, s. 27)

(2) An order under subsection (1)(a), (b), (e) or (d) shall
continue in operation until the Director has received from the owner
of the lift or escalator the prescribed fee and-

(a)in the case of an order under subsection (1)(a), a certificate
in the specified form delivered to the owner by a registered
lift contractor or registered escalator contractor certify-
ing that the lift or escalator has been cleaned, oiled and
adjusted in accordance with section 19; or

(b)in the case of an order under subsection (1)(b), (c) or (d), a
certificate in the specified form delivered to the owner by a
registered lift engineer or registered escalator engineer
certifying that the lift or escalator and the machinery and
equipment connected therewith or the safety equipment, or
both, is or are in safe working order,

and has, in the specified form, permitted the use and operation of the
lift or escalator to be resumed. (Replaced, 43 of 1987, s. 27)

(3) An order under subsection (1)(e) shall continue in opera-
tion until the Director has exempted the lift or escalator from this
Ordinance under section 44 or 44A or has received a certificate in
duplicate and the prescribed fee under section 12(2) and has, in the
specified form, permitted the lift or escalator to be used or operated.
(Added, 43 of 1987, s. 27)

27A. In the case of-

(a) a lift or escalator, where-
(i) the death of, or injury to, any person occurs in-
volving any part of the lift or escalator;
(ii) a failure occurs of the main drive system, other than
by reason of the failure of the main power system; or
(iii) any other thing specified from time to time by the
Director occurs;

(b) a lift, where-
(i) a breakage occurs of any of the suspension ropes of
the lift;
(ii) a failure occurs of a brake, overload device or the
safety equipment provided for the lift; or





(iii) a failure occurs of the interlocking devices (other than
by reason of the failure of the making of electrical contact of
safety contacts) provided for the doors of the liftway and car
of the lift; or

(c)an escalator, where a failure occurs of a brake, step chain,
drive chain or the safety equipment provided for the escalator,

the owner of the lift or escalator, as the case may be, shall immediately
notify the Director in writing of the occurrence and, after an
investigation carried out by a registered lift contractor or registered
escalator contractor, as the case may be, submit to the Director a report
in writing giving full details of the occurrence.

(Added, 43 of 1987, s. 28)

27B. (1) The owner of a lift or escalator shall keep and maintain or
cause to be kept and maintained a log-book approved by the Director in
which he shall cause a registered lift engineer, registered escalator
engineer, registered lift contractor or registered escalator contractor, as
the case may be, to enter the details of the works carried out in
accordance with sections 12, 13, 19, 21, 22, 23 and 24 and in accordance
with an order under section 25.

(2) The owner of a lift or escalator shall produce, on demand by
the Director, the log-book kept and maintained under subsection (1) for
inspection by the Director.

(Added, 43 of 1987, s. 28)

PART IVA

SERVICE LIFTS

27C. The owner of a service lift shall ensure that it is not operated
or used unless

(a)it is of good mechanical construction and made of strong and
sound materials; and

(b) it is properly maintained.

27D. (1) No load greater than the rated load shall be carried in a
service lift.

(2) No person shall travel, or cause or permit any other person to
travel, in a service lift.

27E. The owner of a service lift shall ensure that the lift is not used

(a) unless it complies with the relevant provisions of the Building
(Lifts) Regulations;

(b) to carry a load greater than the rated load; or

(c) to carry any person.





27F. Every person engaged in the operation of a service lift shall
report forthwith to the owner of the service lift any defect in the
operation mechanism or safety devices fitted to the lift or liftway.

(Part IVA added, 43 of 1987, s. 29)

PART V

OFFENCES

28. (1) Any person who-

(a)forges any certificate required by, under or for the purposes of
this Ordinance;

(b)gives or signs any such certificate knowing it to be false in a
material particular;

(c)knowingly utters or makes use of any such certificate so
forged or false;

(d)knowingly utters or makes use of as applying to any lift or
escalator any such certificate which does not so apply; or

(e)makes any statement which is false in a material particular in
an application under section 6 or 11 C (Amended, 43 of 1987,
s. 30)

shall be guilty of an offence and shall be liable on conviction to a fine of
$2,000 and to imprisonment for 12 months. (Amended, 43 of 1987,s.30)

(1A) Any person who

(a) without reasonable excuse fails to attend;

(b) refuses to be examined upon oath; or

(c)without reasonable excuse fails to produce any relevant
document,

at any proceedings before a disciplinary board or appeal board, when
required to do so by the disciplinary board or appeal board under
section 10(a) or (b), 11H(a) or (b) or 16B(a) or (b), as the case may
be, shall be guilty of an offence and shall be liable on conviction to a
fine of $2,000 and to imprisonment for 6 months. (Added; 43 of 1987, s.
30)

(1B) Any person who without reasonable excuse obstructs the
inspection of premises or the entry upon or viewing of premises
required by a disciplinary board or appeal board under section 10(c) or
(d), 11H(c) or (d) or 16B(C) or (d), as the case may be, for the purposes
of any proceedings before it shall be guilty of an offence and shall be
liable on conviction to a fine of $5,000 and to imprisonment for 12
months. (Added, 43 of 1987, s. 30)

(1C) Any person who--





(a)contravenes any of the provisions of section 29A(I) or (2); or

(b)knowingly employs or permits any other person to carry out
any lift works or escalator works in contravention of section
29A(I) or (2),

shall be guilty of an offence and shall be liable on conviction to a fine of
$2,000 and to imprisonment for 6 months. (Added, 43 of 1987, s.30)

(2) In the event of any contravention of section 27C or 38(2), the
owner of the lift or escalator shall be guilty of an offence and shall be
liable on conviction to a fine of $5,000 and to imprisonment for 6 months
unless he shows that such contravention occurred without his consent
or connivance and that he had taken all reasonable steps to prevent the
same. (Amended, 43 of 1987, s. 30)

(3) Any person who-

(a)contravenes any of the provisions of section 7(2), 11 A, 11 J,
12(2), 13(2), 26, 27A, 27B, 27D, 27E, 27F, 32(2), 33 or 39(3);
(Amended, 43 of 1987, s. 30)

(b)removes or defaces any order or any copy thereof posted on
any building under the provisions of this Ordinance;

(ba) wilfully misuses, or interferes with, or causes misuse or
interference with, any part of a lift or escalator or any
machinery or equipment connected therewith; (Added, 43 of
1987, s. 30)

(c)fails to comply with any conditions imposed under section 44;
or (Amended, 43 of 1987, s. 30)

(d)obstructs the Director, or any public officer authorized by him,
in the execution of his powers or functions under the
provisions of this Ordinance,

shall be guilty of an offence and shall be liable on conviction to a fine of
$2,000 and to imprisonment for 6 months. (Amended, 43 of 1987,s.30)

(4) Any prosecution under this Ordinance may be commenced
within 6 months after the commission of the offence or within 6 months
after the offence is discovered by or comes to the notice of the Director,
whichever is the later. (Added, 43 of 1987, s. 30)

29. (1) No new lift, other than a service lift, or escalator shall be
used or operated by any person for any purpose, except by or under the
direction of the Director or a registered lift engineer or a registered
escalator engineer, as the case may be, in connection with the
examination or testing thereof or the testing of the safety equipment
provided therefor or by or under the direction of a registered lift
contractor or a registered escalator contractor, as the case may be, in
connection with the carrying out of any work for the





installation thereof, until the Director has under section 12(3)(a) or
section 14(2) or pursuant to the direction of an appeal board given under
section 17(1) or (2), permitted the lift or escalator to be used and
operated or is, under section 12(4), deemed to have permitted the lift or
escalator to be used and operated. (Amended, 43 of 1987, s.31)

(2) No lift, other than a service lift, in respect of which lift works
which consist, either wholly or in part, of major alterations are being, or
have been, carried out and no escalator in respect of which escalator
works which consist, either wholly or in part, of the alteration of the
speed, operation or design of the escalator are being, or have been,
carried out shall be used or operated by any person for any purpose,
except by or under the direction of the Director or a registered lift
engineer or a registered escalator engineer, as the case may be, in
connection with the examination or testing thereof or of a registered lift
contractor or a registered escalator contractor, as the case may be, in
connection with the carrying out of such lift works or escalator works,
until the Director has, under section 13(3) or section 14(2) or pursuant to
the direction of an appeal board given under section 17(1) or (2),
permitted the use and operation of the lift or escalator to be resumed or
is, under section 13(4), deemed to have permitted the use and operation
of the lift or escalator to be resumed. (Amended, 43 of 1987, s. 31)

(3) A lift or escalator in respect of which an order has been
made under section 27 shall not, during the continuance in opera-
tion of such order, be used or operated by any person for any
purpose, except by or under the direction of the Director or a
registered lift engineer or a registered escalator engineer, as the case
may be, in connection with the examination or testing thereof or a
registered lift contractor or a registered escalator contractor, as the
case may be, in connection with the cleaning, oiling or adjusting
thereof or the carrying out of any repairs or other work thereto
necessary to put such lift or escalator in safe working order.

(4) In the event of any contravention of subsection (1), (2) or (3),
the owner of the lift or escalator shall be guilty of an offence and shall
be liable on conviction to a fine of $5,000 and to imprisonment for 6
months unless he shows to the satisfaction of the court that such
contravention occurred without his consent or connivance and that he
had taken all reasonable steps to prevent the use and operation of the
lift or escalator. (Amended, 43 of 1987, s. 31)

(5) Where any person has been convicted of an offence under
subsection (4), he shall, in addition to the penalty provided therefor, be
liable to a fine of $500 for each day during which it is proved to the
satisfaction of the court that there has been a further contravention of
subsection (1), (2) or (3), as the case may be, unless he shows that such
further contravention occurred without his consent or connivance and
that he had taken all reasonable steps to prevent the use and operation
of the lift or escalator.





29A. (1) Subject to subsection (3), no person other than-

(a) a registered lift engineer;

(b)a competent lift worker employed by a registered lift
contractor; or

(e)a worker directly supervised, at the site where the lift
works are being carried out, by a registered lift engineer
or a competent lift worker employed by a registered lift
contractor,

shall carry out lift works.

(2) Subject to subsection (3), no person other than-

(a) a registered escalator engineer;

(b)a competent escalator worker employed by a registered
escalator contractor; or

(c)a worker directly supervised, at the site where the escalator
works are being carried out, by a registered escalator
engineer or a competent escalator worker employed by a
registered escalator contractor,

shall carry out escalator works.

(3) The Director may in any particular case permit in writing
any person, other than a person mentioned in subsection (1) or (2),
to carry out lift works or escalator works, as the case may be.

(4) For the purposes of this section-

'competent lift worker' means a person-

(a)who is the holder of a certificate in mechanical engineering,
or electrical or electronic engineering, or who has com-
pleted a course relating to lifts at any technical institute or
Vocational Training Centre or such equivalent course as is
approved by the Director, and has undergone such craft
apprenticeship in lift works as is approved by the Director
for a period, or an aggregate period, of not less than 4
years; or

(b)who has been in the employment, for a period, or an
aggregate period, of not less than 4 years, of any registered
lift contractor and is considered by the registered lift
contractor by whom he is employed to carry out the lift
works to have had sufficient experience or training in lift
works of that particular type so as to carry out such lift
works competently without supervision;

'competent escalator worker' means a person-

(a)who is the holder of a certificate in mechanical engineering,
or electrical or electronic engineering, or who has com-
pleted a course relating to escalators at any technical
institute or Vocational Training Centre or such equivalent





course as is approved by the Director, and has undergone
such craft apprenticeship in escalator works as is approved
by the Director for a period, or an aggregate period of, not
less than 4 years; or

(b)who has been in the employment, for a period, or an aggregate
period, of not less than 4 years, of any registered escalator
contractor and is considered by the registered escalator
contractor by whom he is employed to carry out the escalator
works to have had sufficient experience or training in escalator
works of that particular type so as to carry out such escalator
works competently without supervision.

(Added, 43 of 1987, s. 32)

30. (1) Any person who shall by himself, or by or in conjunction
with any other person, corruptly solicit or receive, or agree to receive for
himself, or for any other person, any gift, loan, fee, reward or advantage
whatsoever as an inducement to, or reward for, or otherwise on account
of any registered lift engineer or registered escalator engineer giving
any certificate required by, under or for the purposes of this Ordinance
or forbearing to make any report so required or doing or forbearing to do
anything in respect of the giving of any such certificate or the making of
any such report shall be guilty of an offence.

(2) Any person who shall by himself, or by or in conjunction with
any other person, corruptly give, promise or offer any gift, loan, fee,
reward or advantage whatsoever to any person, whether for the benefit
of that person or another person, as an inducement to or reward for or
otherwise on account of any registered lift engineer or registered
escalator engineer giving any certificate required by, under or for the
purposes of this Ordinance or forbearing to make any report so required
or doing or forbearing to do anything in respect of the giving of any
such certificate or the making of any such report shall be guilty of an
offence.

(3) Any person who is guilty of an offence under subsection (1) or
(2) shall be liable

(a)on summary conviction to a fine of $100,000 and to
imprisonment for 3 years; and (Amended, 43 of 1987, s.33)

(b)on conviction on indictment to a fine of $500,000 and to
imprisonment for 7 years. (Amended, 43 of 1987, s. 33)

(4) A prosecution under this section shall not be instituted except
by or with the consent of the Attorney General.

31. Where a person by whom an offence under this Ordinance has
been committed is a company, every director and every officer
concerned in the management of the company shall be guilty of the like
offence unless he proves that the act constituting the offence took
place without his knowledge or consent.





PART VI

SUPPLEMENTARY AND MISCELLANEOUS
PROVISIONS

32. (1) Where more than one lift or escalator is installed in any
building, each lift or escalator shall be marked with a number so as to
enable the lift or escalator to be identified as the lift or escalator to
which any certificate, order, notice or report given or made under the
provisions of this Ordinance relates.

(2)Where more than one lift or escalator is installed in any the

building, the owner of the lifts or escalators shall send such a plan to the
Director before or at the same time as the certificate issued under
section 12(2) or, where an application is made to the Director under section
35, before, or at the same time as, such application is made, and the
Director may refuse to permit the use and operation of the lifts or
escalators, as the case may be, until he has received such plan.

(3) If any person fails to comply with subsection (2), the Director
may so mark the lifts or escalators (if they have not already been so
marked) and cause to be prepared, and send to the owner of the lifts or
escalators, a plan showing the position of the same in the building and
the numbers marked thereon, and may recover the cost, which may
include supervision charges, of preparing such plan and of any work
involved therein by action in the District Court, if the sum claimed does
not exceed $60,000, or in the High Court. (Amended, 43 of 1987, s. 34)

33. Where any lift works which consist, either wholly or in part, of
major alterations are to be carried out in respect of any lift and where
any escalator works which consist, either wholly or in part, of the
alteration of the speed, operation or design of the escalator are to be
carried out in respect of any escalator, the registered lift contractor or
registered escalator contractor, as the case may be, engaged to carry out
such lift works or escalator works shall, as soon as practicable and, in
any event, before such works are commenced, in writing notify the
Director of the works which are to be carried out.

34. (1) Subject to subsection (2), a registered lift engineer or a
registered escalator engineer, as the case may be, may, for the purposes
of any examination under section 12(1) or section 13(1) or section 21 or
22 or in accordance with an order under section 25, carry out such tests
as he considers necessary of the lift or escalator, the safety equipment
provided therefor and the other machinery and equipment connected
therewith.

(2) No tests of the safety equipment provided for any lift or
escalator shall be made, for the purposes of any such examination, with
any load in the lift or on the escalator.





35. (1) Where, upon an examination and test under the
provisions of section 12 or upon an examination under section 21 or
22 or upon a test under section 23 or 24 or upon an examination
or test, or both, in accordance with an order under section 25, a
registered lift engineer or a registered escalator engineer is of opinion

that the lift or escalator or the machinery and equipment connected
therewith or the safety equipment provided therefor, as the case may
be, is not in safe working order and where, upon an examination and
test under section 13, such engineer is of opinion that those parts of
the lift or escalator affected by the lift works or escalator works are
not in safe working order, the owner of the lift or escalator may, if he
considers himself aggrieved by the decision of such engineer, apply
in writing to the Director, and thereupon subsection (2) shall apply.

(2) Upon an application under subsection (1), the Director may
examine the lift or escalator and the machinery and equipment
connected therewith, and test the safety equipment provided therefor,
as the case may be, or require the registered lift engineer or the
registered escalator engineer, as the case may be, to carry out such
examination or test, or both, in the presence of the Director or his
representative, and

(a)if the Director is satisfied that the lift or escalator and the
machinery and equipment connected therewith and the safety
equipment provided therefor is in safe working order, he shall
notify in writing the owner of the lift or escalator, as the case
may be, to that effect; or

(b) if-

(i) in the case of an application in respect of an examination
and test under section 13, the Director is not satisfied that
those parts of the lift or escalator affected by the lift works or
escalator works are in safe working order; or

(ii) in the case of any other application, the Director is not
satisfied that the lift or escalator and the machinery and
equipment connected therewith or the safety equipment
provided therefor, or both, as the case may be, is in safe
working order,

this Ordinance shall apply as if such application had not been
made. (Replaced, 43 of 1987, s. 35)

(3) For the avoidance of doubt, it is hereby declared that-

(a)where, at the time an application is made to the Director under
subsection (1), the Director has, in exercise of the

powers vested in him by the provisions of section 27, by
prohibited the use and operation of the lift or escalator, the
making of such application shall not stay the operation of such
order;

(b)the making of an application to the Director under subsection
(1) shall not prevent the Director from exercising the


power vested in him by section 27 of prohibiting the use
and operation of the lift or escalator; and





(e)the decision of the Director under subsection (2)(a) shall. not
exempt the owner of the lift or escalator, as the case may be,
from the requrements of sections 12, 13, 19, 21, 22, 23 and 24.
(Added, 43 of 1987, s. 35)

36. The Director may delegate to any officer of the Electrical and
Mechanical Services Department, either generally or particularly, such
of his powers or functions under' the provisions of this Ordinance as he
may consider expedient: (Amended, L.N. 76/82 and L.N. 298/82)

Provided that no delegation made hereunder shall preclude the
Director from exercising or performing at any time any of the powers or
functions so delegated.

37. (1) The Director, or any public officer authorized in writing by
him in that behalf, may, during the hours of daylight, enter and where
necessary, in the presence of a police officer, break into any premises,
other than a part of any premises which is actually used for dwelling
purposes, for the purpose of ascertaining whether the provisions of this
Ordinance or the requirements of any order made thereunder have been
or are being complied with or of examining, testing or inspecting any lift
or escalator or of disconnecting the supply of electricity to any lift or
escalator or for the purposes of section 32.

(2) Pursuant to a warrant issued under subsection (3), the Director
or any such public officer may for any of the purposes specified in
subsection (1) enter and, where necessary, in the presence of a police
officer break into any part of any premises which is actually used for
dwelling purposes.

(3) If a magistrate is satisfied by information on oath that, for any
of the purposes specified in subsection (1), it is necessary for the
Director or any such public officer to enter any part of any premises
which is actually used for dwelling purposes, he may by warrant under
his hand authorize the Director or such officer to enter such part and, if
necessary, to break into such part in the presence of a police officer.

38. (1) Where a lift or escalator has been used or operated, or
would, if used or operated, be likely to be used or operated, prate

contravention of an order under section 27 the
the Director may


disconnect, or require a registered lift contractor or registered escalator
contractor, as the case may be, to disconnect, the supply of electricity
to the lift or escalator and carry out such work as is necessary so as to
prevent, so far as possible, the reconnection of the supply of electricity.
(Replaced, 43 of 1987, s. 36)

(2) Where, pursuant to subsection (1), the supply of electricity to a
lift or escalator has been disconnected, such supply shall not be
reconnected without the permission in writing of the Director.





39. (1) Whenever the Director has received a certificate in
duplicate delivered by a registered lift engineer or a registered
escalator engineer under-

(a) section 12(2); or

(b) section 26(1),

and the prescribed fee he shall, save as provided in subsection (2),
deliver to the owner of the lift or escalator a copy of that certificate
after certifying on it that it has been received and registered.

(2) Where under section 12(3)(b) the Director refuses to per-
mit a new lift or escalator to be used or operated and when, under
section 14(2) or a direction of an appeal board given under section
17(1) or (2), he permits the lift or escalator to be used or operated, he
shall deliver a copy of the certificate in the specified form to the
owner of the lift or escalator after certifying on it that it has been
received and registered.

(3) The owner of the lift or escalator shall post, or cause to be
posted, in a conspicuous position in the lift or on the escalator any
certificate delivered to him under this section, and shall keep that
certificate so posted until another such certificate is delivered to him.
(Replaced, 43 of 1987, s. 37)

40. Wherever in this Ordinance provision is made for service
upon any person of any order, it shall be sufficient service if a copy
of such order is-

(a) delivered to the person upon whom it is to be served; or

(b)posted upon a conspicuous part of the building in which
the lift or escalator in respect of which such order is made
is situate.

41. (1) Every certificate issued under section 12(2), section
13(2) or under section 26 or 27 by a registered lift engineer or a
registered escalator engineer, except such a certificate issued by a
registered lift engineer or a registered escalator engineer who is not,
at the date of the issue of the certificate, employed by a registered lift
contractor or a registered escalator contractor, shall be counter-
signed by a registered lift contractor or a registered escalator
contractor, as the case may be.

(2) A registered lift contractor or registered escalator contrac-
tor who countersigns any such certificate shall not, solely by reason
thereof, incur any liability whatsoever in respect of the truth or
accuracy of any matter or thing contained therein.

42. The fees or charges in respect of any matter or thing done
pursuant to the *provisions of this Ordinance by a registered lift
engineer, registered escalator engineer, registered lift contractor or
registered escalator contractor shall be such as may be agreed
between the owner of the lift or escalator, as the case may be, and





such engineer, or any person by whom he is employed, or such
contractor.

43. (1) No liability shall rest upon the Government or upon any
public officer solely by reason of the fact that any lift or escalator and
the machinery and equipment connected therewith is subject to
examination or to cleaning, oiling and adjusting under the provisions of
this Ordinance, or solely by reason of the fact that the safety equipment
provided for any lift or escalator is subject to testing under the
provisions of this Ordinance, or solely by reason of the carrying out of
any such examination or test or the cleaning, oiling or adjusting of any
lift or escalator in accordance with the provisions of this Ordinance or
the carrying out of any other work pursuant to the provisions of this
Ordinance, or solely by reason of the carrying out by the Director of an
examination of a lift or escalator and all or any machinery and equipment
connected therewith or a test of the safety equipment provided for a lift
or escalator, or both, upon an application under section 35(1), or solely
by reason of any other matter or thing done or any certificate or report
given or made under the provisions of this Ordinance.

(2) No matter or thing done by the Director or by any officer of the
Electrical and Mechanical Services Department to whom the Director
has, pursuant to section 36, delegated any of his powers or functions or
by any public officer. acting under the direction of the Director shall, if it
was done bona fide for the purpose of executing the provisions of this
Ordinance, subject him personally to any action, liability, claim or
demand whatsoever. (Amended, L.N. 76/82 and L.N. 298/82)

44. Where the Director is satisfied that it is consistent with the
interests of safety, he may, if application in writing is made to him in that
behalf, exempt any lift or escalator from all or any of the provisions of
section 12, 13, 19, 21, 22, 23 or 24 and, in granting any such exemption,
the Director may impose such conditions as to the operation,
maintenance and examination of the lift or escalator or the testing of any
safety equipment provided therefor as he considers necessary.

(Replaced, 43 of 1987, s. 38)

44A. (1) Where the Director considers that it is expedient that a
goods lift to which this section applies should

(a)comply with the provisions of the Factories and Industrial
Undertakings Ordinance relating to goods lifts in industrial
undertakings; and

(b) be exempt from the provisions of this Ordinance,

he may serve on the owner of the lift a notice in writing exempting that
lift from the provisions of this Ordinance.

(2) This Ordinance shall cease to apply to a goods lift upon the
service on the owner of a notice under subsection (1).





(3) Nothing in subsections (1) and (2) shall prejudice in any way
the application of the Factories and Industrial Undertakings Ordinance
to a goods lift exempted from the application of this Ordinance under
subsection (1).

(4) Where the Director considers that it is expedient that a goods
lift in respect of which a notice of exemption has been served under
subsection (1) should cease to be exempt from the provisions of this
Ordinance, he may serve on the owner of the lift a notice in writing
revoking the exemption of that lift from the provisions of this Ordinance
with effect from a date specified in the notice.

(5) The date specified in a notice under subsection (4) shall be a
date not earlier than 4 weeks from the date of service of such notice on
the owner of the goods lift.

(6) In any proceedings under any Ordinance a document
purporting to be a copy of a notice served by the Director under
subsection (1) or (4) and purporting to be certified by the Director as a
true copy thereof shall be admitted in evidence on its production
without further proof and until the contrary is proved, the Court before
which such document is produced shall presume--

(a)that the document is certified by the Director as a true copy;
and

(b)that the document is a true copy of a notice issued under
subsection (1) or (4).

(7) This section applies to goods lifts used in an industrial
undertaking other than construction work.

(8) In this section-

'construction work' has the meaning assigned to it by section 2(1)
of the Factories and Industrial Undertakings Ordinance;

'goods lift' means a lift used or intended to be used exclusively for the
movement of goods or materials. (Amended, 43 of 1987, s.39)

(Added, 20 of 1976, s. 3)

45. The Director may specify any form for the purposes of this
Ordinance.

(Replaced, 43 of 1987, s. 40)

46. (1) Where, under any agreement, the lessee or sub-lessee of any
building is responsible for any lift or escalator which forms part of the
building or has become annexed by operation of law to the building, this
Ordinance shall, subject to subsection (2), and notwithstanding
paragraphs (a)(1), (ia) and (ii) and (b)(i), (ia) and (ii)
of section section 3(1) where the lessee or sub-lessee is not the Crown, a
government of any member of the Commonwealth, the Housing
Authority or Her Majesty's naval, military or air force services, apply,
during the continuance in force of such agreement, as if any reference
to the owner of a lift or escalator were a reference to such

lessee or sub-lessee.(Amended, 43 of 1987, s. 41)





(2) This section shall not apply until the owner of such lift or
escalator has notified the Director of the name of the person who is,
under such agreement, responsible for the lift or escalator.

47. (1) Any term agreed between a registered lift engineer or a
registered escalator engineer or any person by whom a registered lift
engineer or a registered escalator engineer is employed, or both, and the
owner of a lift or escalator, as the case may be, limiting the liability of, or
exempting from any liability, the registered lift engineer or the registered
escalator engineer or any person by whom he is employed or the
servants or agents of the registered lift engineer or the registered
escalator engineer or of the person by whom he is employed, or all of
them, in respect of any examination or test of the lift or escalator or any
test of the safety equipment provided therefor made, or any certificate or
report given or made, under the provisions of this Ordinance, shall not
be affected by any of the provisions of this Ordinance.

(2) Any term agreed between a registered lift contractor or a
registered escalator contractor and the owner of a lift or escalator, as the
case may be, limiting the liability of, or exempting from any liability, the
registered lift contractor or the registered escalator contractor, or his
servants or agents, or all of them, in respect of any certificate or report
given or made under the provisions of this Ordinance or in respect of
any lift works or escalator works carried out in respect of the lift or
escalator pursuant to the provisions of this Ordinance, shall not be
affected by any of the provisions of this Ordinance.

48. The provisions of this Ordinance shall be in addition to, and
not in derogation of any of, the provisions of the Factories and
Industrial Undertakings Ordinance, the Buildings Ordinance, the
Prevention of Bribery Ordinance and the Mining Ordinance.

49. (1) The Governor may by regulation provide for-

(a) registration of-

(i) lift engineers;

(ii) escalator engineers;

(iii) lift contractors;

(iv) escalator contractors, and the regulation of the
activities of such registered engineers and contractors;

(b)the design, construction, inspection, examination, testing,
operation and maintenance of lifts and escalators;

(c)the carrying out of lift works and escalator works, and other
works in relation thereto;

(d)plans, notices and certificates to be delivered to the Director;

(e) fees;





(f) forms;

(g) the better carrying into effect of this Ordinance.

(2) Regulations under subsection (1) may provide-

(a)that any regulations in force prior to the commencement of the
regulations made under subsection (1) shall apply to any lifts
or escalators that have been installed, or to any lift works or
escalator works that are completed or are being carried out, at
such commencement; and

(b)that the Director may require compliance with any regulations
made under subsection (1) in respect of any lifts or escalators
that are commissioned, or any lift works or escalator works that
are being carried out, at the commencement of such
regulations after a date specified by him.

(3) Regulations under subsection (1) may provide that a
contravention of any specified provision thereof shall be an offence and
may prescribe penalties therefor not exceeding a fine of $50,000 and
imprisonment for 12 months.

(4) Regulations under subsection (1), other than regulations under
paragraph (e) of that subsection, shall, subject to subsection (5), be
published once in the Gazette at least 3 weeks before coming into
operation.

(5) Where the Governor deems it expedient, he may dispense with
the requirement under subsection (4) to publish regulations at least 3
weeks before coming into operation.

(Added, 43 of 1987, s. 42)

50. (1) The Director shall include in the register of lift contractors
kept under section 11B(1), without payment of the prescribed fee
referred to in section 11 C(3), the names of all lift contractors which
appear in the register of lift contractors kept under section 8(1)(b) of the
Buildings Ordinance immediately before the commencement* of the
Lifts and Escalators (Safety) (Amendment) Ordinance 1987, and the
Director shall issue to every such lift contractor, whose name is so
included in the register of lift contractors, a certificate under section 11
C(3).

(2) The Director shall include in the register of escalator. contractors
kept under section 11B(1), without payment of the prescribed fee referred
to in section 11C(3), the names of all escalator contractors which appear
in the register of escalator contractors kept under section 8(1)(c) of the
Buildings Ordinance immediately before the commencement* of the Lifts
and Escalators (Safety) (Amendment) Ordinance 1987, and the Director
shall issue to every such escalator contractor, whose name is so
included in the register of escalator contractors, a certificate under
section 11 C(3).

(Added, 43 of 1987, s. 42)
Originally 44 of 1960. 7 of 1964. 20 of 1976. L.N. 156/77. L.N. 76/82. L.N. 298/82. L.N. 380/82. 43 of 1987. G.N.A. 8/61. Short title. Interpretation. (Cap. 123.) (Cap. 59.) (Cap. 87.) Application. Certain works deemed to be major alterations in relation to lifts. Registers of lift engineers and escalator engineers and qualifications for inclusion therein. Procedure on application for registration. Removal from register. Appointment of disciplinary board, etc. (Cap. 123.) Appointment of disciplinary board panel. (Cap. 123.) Disciplinary proceedings. Powers of disciplinary board appointed under section 8. Appeals from disciplinary board. (Cap. 4.) Duties of registered lift engineers or escalator engineers. (Cap. 123.) Registers of lift contractors and escalator contractors. Procedure on application for registration. Removal from register. Appointment of disciplinary board, etc. (Cap. 123.) Appointment of disciplinary board panel. Disciplinary proceedings. Powers of disciplinary board appointed under section 11E. Appeals from disciplinary board. (Cap. 4.) Duties of registered lift contractors or escalator contractors. (Cap. 123.) (Cap. 123.) Examination of new lifts and escalators and testing of safety equipment provided therefor. Examination and testing of lifts to which major alterations have been made and of escalators to which alteration of speed, etc. has been made. Procedure upon refusal of Director under sections 12 and 13. Owner may appeal against refusal of Director. Part III not to apply to service lifts. Appointment of appeal board, etc. Appointment of appeal board panel. Powers of appeal board. Determination of appeal board and procedure thereafter. Appeal to High Court on point of law. (Cap. 4.) Periodic maintenance of lifts and escalators. Certain lift works and escalator works to be carried out by registered lift contractor or registered escalator contractor. Periodic examination of lifts. Periodic examination of escalators. Periodic testing of safety equipment of lifts. Periodic testing of safety equipment of escalators. Power of Director to require lift or escalator to be examined or safety equipment to be tested. Procedure upon examination or test. Power of Director to prohibit us and operation of lift or escalator. Certain occurrences to be reported. Log-book of works to be kept and produced for inspection. Construction of service lifts. Overloading and carriage of persons in service lifts. Duty of owners of service lifts. (Cap. 123, sub. leg.) Duty of person engaged in operating service lift to report defects. Certain offences. Prohibition of use and operation of lifts and escalators in certain cases, and offences in connection therewith. Prohibition of carrying out of lift works or escalator works by unauthorized persons. Corruption. Liability of directors, etc. where company convicted of offence. Lifts and escalators to be numbered in certain cases, etc. Director to be notified where major alterations are to be carried out to lift and where speed, operation or design of escalator is to be altered. Registered lift or escalator engineer authorized to make tests for purposes of examination under section 12, 13, 21 or 22 in accordance with an order under section 25. Right of owner of lift or escalator aggrieved by decision of engineer to apply to Director, and procedure thereon. Delegation of powers. Powers of entry. Power of Director to disconnect supply of electricity in event of contravention of order under section 27. Director to certify receipt and registration of certificates from registered lift engineer or registered escalator engineer. Service of orders. Certificates to be countersigned. Fees or charges. Limitation of public liability. Power of Director to exempt lifts or escalators from certain provisions of the Ordinance. Power of Director to exempt goods lifts in an industrial undertaking from the provisions of the Ordinance. (Cap. 59.) (Cap. 59.) (Cap. 59.) Power of Director to specify forms. Special provisions as to application of Ordinance where lessee of building responsible for lift or escalator. Saving of agreement between owner of lift or escalator and registered lift engineer, etc., as to liability. Saving of certain Ordinances. (Cap. 59.) (Cap. 123.) (Cap. 210.) (Cap. 285.) Regulations. Transitional provisions. (Cap. 123.) (43 of 1987.) [*1.11.87.] (Cap. 123.) (43 of 1987.) [*1.11.87.]

Originally 44 of 1960. 7 of 1964. 20 of 1976. L.N. 156/77. L.N. 76/82. L.N. 298/82. L.N. 380/82. 43 of 1987. G.N.A. 8/61. Short title. Interpretation. (Cap. 123.) (Cap. 59.) (Cap. 87.) Application. Certain works deemed to be major alterations in relation to lifts. Registers of lift engineers and escalator engineers and qualifications for inclusion therein. Procedure on application for registration. Removal from register. Appointment of disciplinary board, etc. (Cap. 123.) Appointment of disciplinary board panel. (Cap. 123.) Disciplinary proceedings. Powers of disciplinary board appointed under section 8. Appeals from disciplinary board. (Cap. 4.) Duties of registered lift engineers or escalator engineers. (Cap. 123.) Registers of lift contractors and escalator contractors. Procedure on application for registration. Removal from register. Appointment of disciplinary board, etc. (Cap. 123.) Appointment of disciplinary board panel. Disciplinary proceedings. Powers of disciplinary board appointed under section 11E. Appeals from disciplinary board. (Cap. 4.) Duties of registered lift contractors or escalator contractors. (Cap. 123.) (Cap. 123.) Examination of new lifts and escalators and testing of safety equipment provided therefor. Examination and testing of lifts to which major alterations have been made and of escalators to which alteration of speed, etc. has been made. Procedure upon refusal of Director under sections 12 and 13. Owner may appeal against refusal of Director. Part III not to apply to service lifts. Appointment of appeal board, etc. Appointment of appeal board panel. Powers of appeal board. Determination of appeal board and procedure thereafter. Appeal to High Court on point of law. (Cap. 4.) Periodic maintenance of lifts and escalators. Certain lift works and escalator works to be carried out by registered lift contractor or registered escalator contractor. Periodic examination of lifts. Periodic examination of escalators. Periodic testing of safety equipment of lifts. Periodic testing of safety equipment of escalators. Power of Director to require lift or escalator to be examined or safety equipment to be tested. Procedure upon examination or test. Power of Director to prohibit us and operation of lift or escalator. Certain occurrences to be reported. Log-book of works to be kept and produced for inspection. Construction of service lifts. Overloading and carriage of persons in service lifts. Duty of owners of service lifts. (Cap. 123, sub. leg.) Duty of person engaged in operating service lift to report defects. Certain offences. Prohibition of use and operation of lifts and escalators in certain cases, and offences in connection therewith. Prohibition of carrying out of lift works or escalator works by unauthorized persons. Corruption. Liability of directors, etc. where company convicted of offence. Lifts and escalators to be numbered in certain cases, etc. Director to be notified where major alterations are to be carried out to lift and where speed, operation or design of escalator is to be altered. Registered lift or escalator engineer authorized to make tests for purposes of examination under section 12, 13, 21 or 22 in accordance with an order under section 25. Right of owner of lift or escalator aggrieved by decision of engineer to apply to Director, and procedure thereon. Delegation of powers. Powers of entry. Power of Director to disconnect supply of electricity in event of contravention of order under section 27. Director to certify receipt and registration of certificates from registered lift engineer or registered escalator engineer. Service of orders. Certificates to be countersigned. Fees or charges. Limitation of public liability. Power of Director to exempt lifts or escalators from certain provisions of the Ordinance. Power of Director to exempt goods lifts in an industrial undertaking from the provisions of the Ordinance. (Cap. 59.) (Cap. 59.) (Cap. 59.) Power of Director to specify forms. Special provisions as to application of Ordinance where lessee of building responsible for lift or escalator. Saving of agreement between owner of lift or escalator and registered lift engineer, etc., as to liability. Saving of certain Ordinances. (Cap. 59.) (Cap. 123.) (Cap. 210.) (Cap. 285.) Regulations. Transitional provisions. (Cap. 123.) (43 of 1987.) [*1.11.87.] (Cap. 123.) (43 of 1987.) [*1.11.87.]

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