Hong Kong Regulations

ELECTRICITY SUPPLY LINES (PROTECTION) REGULATION - SECT 11

Remedial notices

Remedial Notices

(1) Where the Director is of the opinion that a person-

   (a)  is contravening a requirement under this Regulation; or

   (b)  has contravened such a requirement in circumstances that make it
        likely that the contravention will continue or be repeated,
he may serve on the person a notice ("remedial notice") stating that he is of
that opinion, giving particulars as to why he is of that opinion, and
directing the person to remedy the contravention or the matter occasioning it,
as the case may be, within the period specified in the notice.

(2) Except as provided in subsection (3), the period to be specified in a
remedial notice under subsection (1) shall be a period of not less than 14
days.

(3) If the Director is of the opinion that the circumstances of the
contravention are such that there is an undue risk of an electrical accident
or an interruption to the supply of electricity occurring, he may specify in
the remedial notice such lesser period as he reasonably considers appropriate
in the circumstances.

(4) A remedial notice may contain instructions as to the measures to be taken
to remedy any contravention or matter to which the notice relates, and any
such instructions may be framed-

   (a)  wholly or in part by reference to any approved code of practice; and

   (b)  so as to afford the person on whom the notice is served a choice
        between different ways of remedying such contravention or matter.

(5) Subject to section 43(4) of the Ordinance, a direction specified in a
remedial notice shall take effect at the time of the notice being served or at
such later date, if any, as may be specified in the notice.

(6) In addition to service as provided under section 52 of the Ordinance,
service of a remedial notice on a person who is a site  contractor may also be
effected by delivering the notice to a person at the works site who appears to
be the person in charge of the site activities or who identifies himself as
being the site contractor's representative on the site.

(7) Where-

   (a)  the Director has approved a code of practice for any of the
        requirements of paragraph (a) or (b) of section 10(1) or (2); and

   (b)  the Director has served a remedial notice under subsection (1) in
        relation to a contravention of the same paragraph, then, subject to
        section 10(3), compliance with the provisions of that code and the
        direction in that notice shall be deemed to constitute the taking of
        all reasonable steps, or the taking of all reasonable measures, as the
        case may be, for the purposes of that requirement. (L.N. 95 of 2000)

(8) For the purposes of subsection (7), where there is any conflict or
inconsistency between any provision in the code of practice and any direction
in the remedial notice, then that direction shall, to the extent of that
conflict or inconsistency, as the case may be, prevail over that provision.
(L.N. 95 of 2000)