Hong Kong Ordinances

BUILDINGS ORDINANCE - SECT 5

Appointment and powers of disciplinary board

(Past version on 31/12/2005).
(Past version on 01/07/2002).
(Past version on 01/01/2000).
(Past version on 05/12/1997).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) For the purposes of section 7, the Secretary for Development may, from
time to time, appoint a disciplinary board. (Amended 77 of 1994 s. 4; 36 of
1997 s. 2; L.N. 330 of 1999; L.N. 106 of 2002; L.N. 130 of 2007)

(2) Every such board shall consist of-

   (a)  4 persons who are members of the Authorized Persons',
        Registered Structural Engineers' and
        Registered Geotechnical Engineers' Disciplinary Board Panel appointed
        under section 5A, at least 1 of whom is on the same register and, in
        the case of the authorized persons' register, on the same list of the
        register as the person about whom the inquiry is being held; and
        (Replaced 54 of 1996 s. 6. Amended 36 of 1997 s. 2; 15 of 2004 s. 6)

   (b)  1 person selected from among the persons nominated in accordance with
        subsection (3A). (Replaced 36 of 1997 s. 2)

   (c)  (Repealed 54 of 1996 s. 6)

(2A) The chairman of a disciplinary board shall appoint a legal adviser to
assist in the conduct of the hearing of the disciplinary proceedings and to
advise the disciplinary board on points of law that arise during the hearing.
The disciplinary board may confer with the legal adviser after the conclusion
of the hearing and before it hands down its decision but only after giving the
person who is the subject of the hearing and his legal representative, if any,
the right to be present while the legal adviser gives advice to the
disciplinary board and the right to comment on the matters raised by the legal
adviser to the disciplinary board. (Added 54 of 1996 s. 6)

(2B) An authorized person, a registered structural engineer or a
registered geotechnical engineer, against whom disciplinary proceedings are
taken, is entitled to be represented by a legal practitioner at disciplinary
proceedings. (Added 54 of 1996 s. 6. Amended 15 of 2004 s. 6)

(3) The chairman of a disciplinary board appointed under this section shall be
elected from the members of the board by its members. (Amended 36 of 1997 s.
2)

(3A) For the purpose of subsection (2)(b), the Building Authority is to invite
such bodies as the Building Authority may think fit to nominate persons for
the Secretary for Development to consider for appointment to the disciplinary
board. (Added 36 of 1997 s. 2. Amended L.N. 330 of 1999; L.N. 106 of 2002;
L.N. 130 of 2007)

(4) For the purposes of any inquiry under section 7, a disciplinary board
appointed under this section shall have all such powers as are vested in the
Court of First Instance in relation to- (Amended 25 of 1998 s. 2)

   (a)  enforcing the attendance of witnesses and examining them upon oath or
        otherwise;

   (b)  compelling the production of documents;

   (c)  ordering the inspection of premises; and

   (d)  entering upon and viewing premises.

(5) The members of any disciplinary board appointed under this section, other
than persons who are in full-time employment in any office of emolument under
the Government, shall be remunerated at such rate as the Chief Executive may
determine from time to time or in any particular case. (Amended 62 of 2000 s.
3) (Replaced 52 of 1974 s. 4)