Cap 610B s 13 Commencement of disciplinary proceedings (Buildings Energy Efficiency (Registered Energy Assessors) Regulation; BUILDINGS ENERGY EFFICIENCY ORDINANCE)

Contents of Section

Chapter:	610B	Title:	Buildings Energy Efficiency (Registered Energy Assessors) Regulation	Gazette Number:	L.N. 19 of 2011
Section:	13	Heading:	Commencement of disciplinary proceedings	Version Date:	21/03/2011

(1) The Director may institute disciplinary proceedings against a registered energy assessor if the Director considers there is evidence that the assessor—

(a) has failed to comply with the Ordinance; or

(b) has been convicted in Hong Kong or elsewhere of any offence, or has been negligent or misconducted himself or herself in a professional respect, and the conviction, negligence or misconduct—

(i) renders the assessor unfit to be a registered energy assessor;

(ii) makes the inclusion in the Register of Registered Energy Assessors of the assessor prejudicial to the due administration of the Ordinance; or

(iii) renders the assessor deserving of censure.

(2) If the Director decides to institute disciplinary proceedings against a registered energy assessor, the Director may, after considering the nature and the seriousness of the matter concerned—

(a) subject to subsection (3), determine the case under section 14; or

(b) refer the case to the Secretary by notice in writing.

(3) The Director must refer a case to the Secretary under subsection (2)(b) if— (L.N. 40 of 2011)

(a) the case falls within subsection (1)(b)(i) or (ii); or

(b) at any time before the Director determines the case under section 14(3), the registered energy assessor has requested the case to be heard by a disciplinary board.