Hong Kong Regulations

SHIPPING AND PORT CONTROL (WORKS) REGULATION - SECT 70

Director’s power to grant exemptions

(1) If, in relation to a particular lifting appliance or lifting gear, the
Director is satisfied that—

   (a)  a test, examination or inspection of the lifting appliance or lifting
        gear has been carried out in accordance with the law of a place
        outside Hong Kong;

   (b)  there is a certificate or record relating to the test, examination or
        inspection; and

   (c)  the test, examination or inspection and the certificate or record are
        substantially in compliance with the provisions of this Regulation in
        that respect, he may, on written application being made to him or on
        his own initiative, by notice in writing grant an exemption in respect
        of those provisions.

(2) If, having considered the particular circumstances of a case, the Director
is satisfied that the requirement as to testing and examination under
subsection (1) or (2) of section 32 is not necessary for the protection of
persons employed owing to the size, design, material or infrequency of use of
any gear or particular class of gear specified in the subsection, he may, on
written application being made to him or on his own initiative, by notice in
writing grant an exemption in respect of the subsection.

(3) If, having considered the particular circumstances of a case, the Director
is satisfied that the arrangement made or measure taken to ensure the safety
of persons employed is substantially in compliance with the provisions of this
Regulation in that respect, he may, on written application being made to him
or on his own initiative, by notice in writing grant an exemption in respect
of those provisions.

(4) If the Director decides to refuse an application for exemption under
subsection (1), (2) or (3), he shall notify the applicant in writing of his
decision and state the reasons for his decision.