Hong Kong Regulations

GAS SAFETY (REGISTRATION OF GAS INSTALLERS AND GAS CONTRACTORS) REGULATIONS - REGULATION 25

Disciplinary action

PART VIII

DISCIPLINARY ACTION AND RELATED MATTERS

(1) Subject to this Part, the Authority may, on any of the grounds specified
in subregulation (2) which are applicable-

   (a)  cancel the registration of a registered gas installer or gas 
        contractor;

   (b)  suspend the registration of a registered gas installer or gas 
        contractor for such period as he thinks fit;

   (c)  alter the class or classes of gas installation work in respect of
        which a registered gas installer is so registered by revoking the gas 
        installer's registration card and issuing a replacement
        registration card stating the altered class or classes of such work in
        respect of which the gas installer is so registered; or

   (d)  reprimand a registered gas installer or gas contractor.

(2) Disciplinary action may be taken against-

   (a)  a registered gas installer or gas contractor-

        (i)    whose registration was obtained by fraud or misrepresentation
               in a material particular;

        (ii)   who is convicted of an offence against the Ordinance; or

        (iii)  who it appears to the Authority has not complied with a
               requirement under the Ordinance with which it is his obligation
               to comply; or

   (b)  a registered gas installer who it appears to the Authority has
        personally carried out, or supervised an individual who has personally
        carried out, any gas installation work in an unsafe manner.

(3) In this regulation, the term "unsafe manner" (不安全的方式), in
relation to gas installation work, does not include such work which, either
from its trivial nature or from the surrounding circumstances, does not
prejudice the safety of members of the public.

(4) Where the Authority has taken disciplinary action against a registered
gas installer or gas contractor, he shall by notice served on the
gas installer or gas contractor inform him of the disciplinary action taken
against him and the reasons therefor and, in the case of disciplinary action
referred to in-

   (a)  subregulation (1)(b), the notice shall specify the period of
        suspension of the registration concerned; and

   (b)  subregulation (1)(c), the notice shall be accompanied by the
        replacement registration card.

(5) Disciplinary action taken against a registered gas installer or
gas contractor shall take effect on the day on which the notice under
subregulation (4) concerned is served on the gas installer or gas  contractor
and-

   (a)  in the case of disciplinary action referred to in subregulation

(1)(b), the gas installer or gas contractor, as the case may be, shall, during
the period of his suspension, be deemed not to be registered as a
gas installer or gas contractor, as the case may be; and

   (b)  in the case of disciplinary action referred to in subregulation

(1)(c), the replacement registration card accompanying the notice shall be
deemed to have been issued under regulation 8.

(6) Disciplinary action referred to in subregulation (1)(a), (b) or

   (c)  may be revoked by the Authority upon such terms as he thinks fit and,
        for that purpose, the Authority shall have such powers as are
        necessary to give effect to that revocation. (Enacted 1990)

"unsafe manner" (不安全的方式)