Cap 95A reg 10 Disciplinary proceedings (FIRE SERVICE (INSTALLATION CONTRACTORS) REGULATIONS; FIRE SERVICES ORDINANCE)

Contents of Section

Chapter:	95A	Title:	FIRE SERVICE (INSTALLATION CONTRACTORS) REGULATIONS	Gazette Number:	10 of 2008
Regulation:	10	Heading:	Disciplinary proceedings	Version Date:	09/05/2008

(1) If it appears to the Director that a registered contractor has been convicted by any court of such an offence, or has been guilty of such improper conduct or negligence in the installation, maintenance, repair or inspection of any fire service installation or equipment, as to—

(a) render him unfit to be on the register; or

(b) make his continued inclusion in the register prejudicial to the due administration of the Ordinance,

the Director may refer the matter to the disciplinary board.
(2) If, after due inquiry, the disciplinary board is satisfied that a registered contractor has been convicted of an offence or has been guilty of improper conduct or negligence, of the kind mentioned in paragraph (1), the disciplinary board may order—

(a) that the name of the registered contractor be removed, either permanently or for such period as it thinks appropriate, from the register; or

(b) that the registered contractor be reprimanded. (L.N. 268 of 1978)

(3) Subject to paragraph (4), the Director shall comply with any order made under paragraph (2) and shall record the order in the register.
(4) The Director shall not take any action in compliance with an order made under paragraph (2)—

(a) if an appeal is lodged with the Court of First Instance under regulation 12(1), until the appeal is finally determined; or (10 of 2008 s. 23)

(b) until the time within which an appeal may be lodged under regulation 12(2) has expired.

(5) For the purposes of paragraph (4), an appeal to the Court of First Instance shall be deemed to be finally determined when the earliest of the following events occurs, whichever is applicable in the circumstances—

(a) when the appeal to the Court of First Instance is withdrawn or abandoned;

(b) subject to paragraph (6), when the specified period expires without an appeal having been lodged to the Court of Appeal against a judgment of the Court of First Instance made under regulation 12(1);

(c) subject to paragraph (6), if, before the expiry of the specified period referred to in sub-paragraph (b), an appeal is lodged to the Court of Appeal, when the appeal to the Court of Appeal is withdrawn or abandoned;

(d) when the specified period expires without an application for leave to appeal having been made to the Court of Appeal;

(e) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Appeal—

(i) when the application is withdrawn or abandoned;

(ii) if the application is refused, when the specified period expires without an application for leave to appeal having been made to the Court of Final Appeal; or

(iii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of; or

(f) if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Final Appeal—

(i) when the application is withdrawn, abandoned or refused; or

(ii) if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of.

(10 of 2008 s. 23)

(6) Notwithstanding paragraph (5)(b) and (c), an appeal to the Court of First Instance shall be deemed to be finally determined, if, in respect of a judgment of the Court of First Instance made under regulation 12(1), a certificate is granted under section 27C of the Hong Kong Court of Final Appeal Ordinance (Cap 484) and leave to appeal is granted under section 27D of that Ordinance, when the appeal to the Court of Final Appeal under section 27B of that Ordinance is withdrawn, abandoned or disposed of, but only if the following conditions are satisfied—

(a) the certificate is granted on an application made within 14 days from the date on which the judgment is given as referred to in section 27C(3) of that Ordinance; and

(b) the leave to appeal is granted on an application made within 28 days from the date on which a certificate is granted under section 27C of that Ordinance as referred to in section 27D(1) of that Ordinance or, on an application made within that period of 28 days for an extension of time, such other longer period as so extended. (10 of 2008 s. 23)

(7) In paragraph (5)—
“application for leave to appeal” (上訴許可申請) means an application made to the Court of Appeal or the Court of Final Appeal under section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap 484) for leave to appeal to the Court of Final Appeal from a judgment of the Court of Appeal;
“specified period” (指明限期)—

(a) in the case of an appeal to the Court of Appeal against a judgment of the Court of First Instance made under regulation 12(1), means—

(i) subject to sub-sub-paragraph (ii), the period of 28 days within which the notice of appeal referred to in Order 59, rule 4(1) of the Rules of the High Court (Cap 4 sub. leg. A) is required to be served; or

(ii) if, on an application made within the period of 28 days referred to in sub-sub-paragraph (i), the Court of Appeal extends that period, the period as so extended,

however, in a case where an appeal may lie from a judgment of the Court of First Instance under Division 3 of Part II of the Hong Kong Court of Final Appeal Ordinance (Cap 484), the following period of time shall be disregarded in determining the period of 28 days referred to in sub-sub-paragraph (i) or (ii)—

(iii) where an application has been made under section 27C of that Ordinance (that is, within 14 days from the date on which the judgment is given as referred to in section 27C(3) of that Ordinance), the period from the date on which the judgment is given to the date on which the application is determined; or

(iv) where an application has been made under section 27D of that Ordinance (that is, within 28 days from the date on which a certificate is granted under section 27C of that Ordinance as referred to in section 27D(1) of that Ordinance or, on an application made within that period of 28 days for an extension of time, such other longer period as so extended), the period from the date on which the judgment is given to the date on which the application is determined;

(b) in the case of an application for leave to appeal made to the Court of Appeal, means—

(i) subject to sub-sub-paragraph (ii), the period of 28 days within which the notice of motion referred to in section 24(2) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) is required to be filed; or

(ii) if, on an application made within the period of 28 days referred to in sub-sub-paragraph (i), the Court of Appeal extends that period, the period as so extended; or

(i) subject to sub-sub-paragraph (ii), the period of 28 days within which the notice of motion referred to in section 24(4) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) is required to be filed; or

(ii) if, on an application made within the period of 28 days referred to in sub-sub-paragraph (i), the Court of Final Appeal extends that period, the period as so extended.

(10 of 2008 s. 23)