Disciplinary proceedings for authorized person, registered structural engineer or registered geotechnical engineer
Version Date:
09/02/2012
Caution : This is a past version. See the current version for the latest position.
(1) The Building Authority may bring to the notice of a disciplinary board appointed under section 5 the matters set out in subsection (1A) in relation to an authorized person, a registered structural engineer or a registered geotechnical engineer if the conduct referred to the disciplinary board mayˇX (Amended 15 of 2004 s. 8)
(a) render the person unfit to remain on the relevant register;
(b) make further inclusion of the person on the relevant register prejudicial to the due administration of this Ordinance; (Amended 20 of 2008 s. 9)
(ba) render the person unfit for certifying any minor works commenced or to be commenced under the simplified requirements; (Added 20 of 2008 s. 9)
(bb) make further certification of minor works commenced or to be commenced under the simplified requirements by him prejudicial to the due administration of this Ordinance; or (Added 20 of 2008 s. 9)
(c) render the authorized person, registered structural engineer or registered geotechnical engineer deserving of suspension from the register, a fine or a reprimand. (Replaced 54 of 1996 s. 8)
(1A) The matters referred to in subsection (1) are that the personˇX
(a) has been convicted by any court of an offence related to carrying out his professional duties;
(b) has been negligent or has misconducted himself in a professional way;
(c) has permitted a material deviation from a supervision plan for which he is responsible without reasonable cause;
(d) has drawn up a supervision plan that does not comply with the material requirements of this Ordinance;
(e) has repeatedly drawn up supervision plans that do not comply with the requirements of this Ordinance; (Added 54 of 1996 s. 8. Amended 20 of 2008 s. 9)
(f) has certified minor works commenced under the simplified requirements that have been carried out in contravention of this Ordinance; (Added 20 of 2008 s. 9)
(g) has supervised minor works commenced under the simplified requirements that have been carried out in such a manner that they have caused injury to a person (whether or not while under such supervision); (Added 20 of 2008 s. 9)
(h) has certified building works (other than minor works) as if it were minor works commenced under the simplified requirements; (Added 20 of 2008 s. 9)ill--07 S1-26
(i) has supervised building works (other than minor works) as if it were minor works commenced under the simplified requirements; or (Added 20 of 2008 s. 9)
(j) has not carried out his duties under section 4B(2)(d), (e) or (f) in respect of minor works commenced under the simplified requirements. (Added 20 of 2008 s. 9)
(2) Where, after due inquiry, the disciplinary board is satisfied that the authorized person, the registered structural engineer or the registered geotechnical engineer has been convicted as described in subsection (1A)(a) or done an act described in subsection (1A)(b), (c), (d), (e), (f), (g), (h) or (i) or has not carried out the duties mentioned in subsection (1A)(j) in respect of minor works commenced or to be commenced under the simplified requirements, the disciplinary board mayˇX (Amended 54 of 1996 s. 8; 15 of 2004 s. 8; 20 of 2008 s. 9)
(a) order that the name of such person be removedˇX
(i) from the authorized persons', structural engineers' or geotechnical engineers' register, as the case may be; or
(ii) if his name appears in more than one such register, from those registers,
either permanently or for such period as the board thinks fit; or
(b) order that such person be reprimanded; (Amended 15 of 2004 s. 8; 20 of 2008 s. 9)
(ba) order that the authorized person, registered structural engineer or registered geotechnical engineer be finedˇX
(i) in the case of building works (other than minor works), a sum not exceeding $250000; or
(ii) in the case of minor works, a sum not exceeding $150000; or (Replaced 20 of 2008 s. 9)
(bb) order that the authorized person, registered structural engineer or registered geotechnical engineer be prohibited from certifying any minor works commenced or to be commenced under the simplified requirements, either permanently or for such period as the disciplinary board thinks fit. (Added 20 of 2008 s. 9)
(c) (Repealed 15 of 2004 s. 8)
(2A) Where the disciplinary board makes an order under subsection (2), it shall order that its findings and order be published in the Gazette. (Added 15 of 2004 s. 8)
(3) On an inquiry under this section, a disciplinary board may make such order as it thinks fit with regard to the payment of the costs of the inquiry and the costs of the Building Authority or of the authorized person, registered structural engineer or registered geotechnical engineer in respect of whom the inquiry is held.
(3A) The amount referred to in subsection (2)(ba) and any costs of inquiry ordered to be paid under subsection (3) are recoverable as a debt due to the Government. (Added 20 of 2008 s. 9)
(4) (a) Any authorized person, registered structural engineer or registered geotechnical engineer aggrieved by any order made in respect of him under this section may appeal to a judge of the Court of First Instance and upon any such appeal the judge may confirm, reverse or vary the order of the disciplinary board. (Amended 54 of 1996 s. 8; 25 of 1998 s. 2)
(b) The practice in relation to any such appeal shall be subject to any rules of court made under the High Court Ordinance (Cap 4). (Amended 25 of 1998 s. 2)
(c) The decision of the judge on any such appeal shall be final. (Amended L.N. 137 of 1981)
(Replaced 52 of 1974 s. 6. Amended 15 of 2004 s. 8)