Cap 59J reg 3 Interpretation (FACTORIES AND INDUSTRIAL UNDERTAKINGS (LIFTING APPLIANCES AND LIFTING GEAR) REGULATIONS; FACTORIES AND INDUSTRIAL UNDERTAKINGS ORDINANCE)

Contents of Section

Chapter:	59J	Title:	FACTORIES AND INDUSTRIAL UNDERTAKINGS (LIFTING APPLIANCES AND LIFTING GEAR) REGULATIONS	Gazette Number:	L.N. 260 of 2003
Regulation:	3	Heading:	Interpretation	Version Date:	28/11/2003

(1) In these regulations, unless the context otherwise requires- (L.N. 285 of 1993)
"automatic safe load indicator" (安全負荷自動顯示器) means a device intended to be fitted to a crane that automatically gives an audible and visible warning to the operator thereof that the crane is approaching its safe working load and that automatically gives a further audible and visible warning when the crane has exceeded its safe working load;
"competent examiner" (合資格檢驗員), in relation to the carrying out of any test and examination required by these regulations, means a person who is-

(a) appointed by the owner required by these regulations to ensure that the test and examination is carried out; (L.N. 285 of 1993)

(b) a registered professional engineer registered under the Engineers Registration Ordinance (Cap 409) within a relevant discipline specified by the Commissioner; and (L.N. 285 of 1993)

(c) by reason of his qualifications, training and experience, competent to carry out the test and examination; (L.N. 285 of 1993)

"competent person" (合資格的人), in relation to any duty required to be performed by him under these regulations, means a person who is-

(a) appointed by the owner required by these regulations to ensure that the duty is carried out by a competent person; and

(b) by reason of training and practical experience, competent to perform the duty;

"construction site" (建築地盤) means a place where construction work is undertaken and includes any area in the immediate vicinity which is used for the storage of materials or plant used or intended to be used for the purpose of the construction work; (L.N. 285 of 1993)
"crane" (起重機) means any appliance equipped with mechanical means of raising and lowering a load and for transporting the load while suspended; and also all chains, ropes, swivels, or other tackle (down to and including the hook), used in the operation of a crane; but does not include-

(a) a hoist block running on a fixed rail or wire;

(b) a stacker or conveyer whereby a load is moved by means of a belt or platform; or

"lifting appliance" (起重機械) means a crab, winch, teagle, pulley block or gin wheel used for raising or lowering, and a crane, sheerlegs, excavator, pile driver, pile extractor, dragline, aerial ropeway, aerial cableway transporter or overhead runway, and also any part of any such appliance; (L.N. 285 of 1993)
"lifting gear" (起重裝置) means a chain sling, rope sling, ring or similar gear, and a link, hook, plate clamp, shackle, swivel or eyebolt;
"maintained" (維修、保持) means maintained in an efficient state, in efficient working order and good repair;
"owner" (擁有人), in relation to any lifting appliance or lifting gear, includes the lessee or hirer thereof, and any overseer, foreman, agent or person in charge or having the control or management of the lifting appliance or lifting gear, and the contractor who has control over the way any construction work which involves the use of the lifting appliance or lifting gear is carried out and, in the case of a lifting appliance or lifting gear situated on or used in connection with work on a construction site, also includes the contractor responsible for the construction site; (L.N. 285 of 1993; L.N. 260 of 2003)
"raising or lowering or as a means of suspension" (升降或作懸吊之用) means raising or lowering or as a means of suspension of a load on a lifting appliance or lifting gear;
"repair" (修理) includes renewal, alteration or addition;
"safe working load" (安全操作負荷), in relation to a lifting appliance or to lifting gear, means either-

(a) the appropriate safe working load for operating the lifting appliance or lifting gear as specified in the current certificate of test and thorough examination delivered in the approved form by a competent examiner in respect of that lifting appliance or lifting gear for the purposes of these regulations; or (L.N. 23 of 1994)

(b) where no such certificate is required, the relevant safe working load shown in the table referred to in regulation 18(1)(b);

"thorough examination" (徹底檢驗) means a visual examination, carried out as carefully as the conditions permit in order to arrive at a reliable conclusion as to the safety of the parts examined, and if necessary for the purpose the visual examination shall be supplemented if necessary by other means such as a hammer test and, parts of the lifting appliance or lifting gear shall be dismantled.
(2) For the purposes of these regulations, a contractor is responsible for a construction site if he is undertaking construction work there or, where there is more than one contractor undertaking construction work at the site, if he is the principal contractor undertaking construction work there. (L.N. 285 of 1993)