Hong Kong Regulations

ELECTRICAL PRODUCTS (SAFETY) REGULATION - SECT 10

Recognized manufacturers

(Past version on 24/10/1997).

(1) Where the Director considers that a manufacturer of an electrical product
possesses the capabilities and resources to test and certify the safety
aspects of an electrical product, the Director may recognize the manufacturer
as a recognized manufacturer qualified to issue a
certificate of safety compliance in respect of that electrical product
manufactured by that manufacturer.

(2) A manufacturer applying for recognition by the Director as a
recognized manufacturer shall comply with the requirements for recognition
specified in Schedule 5 and shall-

   (a)  apply in writing to the Director for recognition as a
        recognized manufacturer; and

   (b)  pay an application fee of $5950. (L.N. 353 of 2000)

(3) The Director may publish in the Gazette-

   (a)  the name of a manufacturer that he has accepted as a recognized 
        manufacturer; and

   (b)  the electrical products which may be certified by that
        recognized manufacturer.

(4) The Director may maintain a register of recognized  manufacturers for
inspection by the public during normal office hours.

(5) Subject to subsection (6), the Director may revoke the recognition of any
manufacturer of all or some of the electrical products for which the
recognized manufacturer has been recognized by the Director-

   (a)  where a recognized manufacturer requests cancellation of his
        recognition;

   (b)  where a recognized manufacturer ceases to carry on business as a
        manufacturer; or

   (c)  where the Director considers that a recognized manufacturer is no
        longer qualified to issue certificates of safety compliance in respect
        of an electrical product manufactured by the manufacturer, and may
        publish in the Gazette the name of such manufacturer and the details
        of the electrical product which that recognized manufacturer is no
        longer qualified to issue certificates of safety compliance.

(6) The Director shall notify the recognized manufacturer of his intended
revocation in cases under subsection (5)(b) or (c)-

   (a)  specifying his grounds for intending to revoke the recognition; and

   (b)  advising the recognized manufacturer that he is entitled to request a
        hearing by the Director or to submit written representations to the
        Director as to why recognition should not be revoked.

(7) Within 4 weeks after the service of the notice under subsection

(6), the recognized manufacturer shall either deliver a request in writing for
a hearing or make written representations to the Director.

(8) If no request for a hearing or no written representations have been
received within the period referred to in subsection (7), the Director may
revoke the recognition of the manufacturer.

(9) Where the Director receives a request for a hearing within the period
referred to in subsection (7), he shall afford the recognized  manufacturer a
reasonable opportunity to be heard.

(10) The Director may revoke the recognition of a manufacturer if the
manufacturer fails to attend the hearing without a reasonable excuse.

(11) Where the Director receives written representations within the period
referred to in subsection (7) or where representations are made at the
hearing, the Director shall consider those representations before exercising
any of his power under subsection (5).

(12) In cases where a written request for a hearing or written representations
have been received within the period referred to in subsection (7), the
Director shall notify the recognized manufacturer of his decision and the
reasons for it.

(13) Upon revocation of recognition of a manufacturer, the Director shall
cause the name of such manufacturer to be removed from the register maintained
under subsection (4).

(14) A manufacturer whose name has been removed from the register under this
section may apply in writing to the Director for restoration of his name to
the register.

(15) The Director may restore the name of a manufacturer to the register if
the Director satisfies himself that the manufacturer-

   (a)  meets the requirements specified in Schedule 5; and

   (b)  has taken appropriate steps to remedy the cause that originally led to
        the revocation.