Hong Kong Ordinances

ENGINEERS REGISTRATION ORDINANCE - SECT 23

Disciplinary orders of inquiry committee and costs

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) Where an inquiry committee finds that a registered professional  engineer
committed a disciplinary offence, on confirmation by a review  committee of
the finding, or on the variation of the finding or any proposed order based on
the recommendation of the review committee, the inquiry committee may make any
one or more of the following orders- (Amended 33 of 1997 s. 11)

   (a)  order the Registrar to remove the name of the registered 
        professional engineer from the register;

   (b)  order the Registrar to remove the name of the registered 
        professional engineer from the register for such period as the
        inquiry  committee may think fit;

   (c)  reprimand the registered professional engineer in writing and order
        the Registrar to record the reprimand on the register;

   (d)  order that an order made under this section be suspended, subject to
        such conditions as the inquiry committee may think fit, for a period
        not exceeding 2 years;

   (e)  order that the Board shall not accept an application from the
        registered professional engineer for registration as a registered 
        professional engineer either for a fixed period or until the
        registered  professional engineer satisfies the Board that he should
        be registered;

   (f)  order that the Chairman admonish the registered professional  engineer
        orally; (Amended 33 of 1997 s. 11)

   (g)  order the registered professional engineer to pay all or part of the
        costs of any of the Registrar, the Board or the inquiry committee
        arising from the case if, but only if, the inquiry committee is
        satisfied that in all the circumstances of the case it would be unjust
        and inequitable not to do so. (Added 33 of 1997 s. 11)

(2) Costs payable by virtue of an order under subsection (1)(g) shall be
recoverable as a civil debt. (Added 33 of 1997 s. 11)

(3) The inquiry committee may-

   (a)  assess the amount of any costs to be payable by virtue of an order
        under subsection (1)(g); or

   (b)  order that those costs be taxed on the basis of any one of the scale
        of costs specified in Part I of Schedule 1 to Order 62 of the Rules of
        the District Court (Cap 336 sub. leg. H), (Amended 25 of 2008 s. 15)
        and the Schedules to Order 62 of the Rules of the High Court (Cap 4
        sub. leg. A) shall, with all necessary modifications, apply to the
        taxation and recovery of costs. (Added 33 of 1997 s. 11. Amended 57 of
        1999 s. 3)

(4) For the purposes of this Ordinance (including sections 25 and 28), any
assessment or order under subsection (3) shall be deemed to be part of the
order under subsection (1)(g) to which it relates. (Added 33 of 1997 s. 11)