Hong Kong Regulations

ELECTRICAL PRODUCTS (SAFETY) REGULATION - SECT 9

Recognized certification bodies

Caution: This is a past version. See the current version here.

PART IV

RECOGNIZED CERTIFICATION BODIES AND RECOGNIZED MANUFACTURERS

(1) Where the Director considers that a certification body possesses the
capabilities and resources to test and certify the safety aspects of a
specified class of electrical products, the Director may recognize the
certification body as a recognized certification body qualified to issue
certificates of safety compliance in respect of that specified class of
electrical products.

(2) A certification body applying for recognition by the Director as a
recognized certification body shall be one of the organizations specified in
Schedule 4 and shall-

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

   (b)  pay an application fee of $5400.

(3) The Director may publish in the Gazette-

   (a)  the name of a certification body that he has recognized as a
        recognized certification body; and

   (b)  the specified class of electrical products which may be certified by
        that recognized certification body.

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

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

   (a)  where a recognized certification body requests cancellation of its
        recognition;

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

   (c)  where the Director considers that a recognized certification  body is
        no longer qualified to issue certificates of safety compliance in
        respect of a specified class of electrical products, and may publish
        in the Gazette the name of such certification body and the details of
        the specified classes of electrical products which that
        recognized certification body is no longer qualified to issue
        certificates of safety compliance.

(6) The Director shall notify the recognized certification body 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 certification body that it 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 certification body 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 certification body.

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

(10) The Director may revoke the recognition of a certification  body if the
certification body 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 certification  body of his decision and
the reasons for it.

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

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

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

   (a)  is an organization specified in Schedule 4; and

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