Hong Kong Regulations

GAS SAFETY (REGISTRATION OF GAS SUPPLY COMPANIES) REGULATIONS - REGULATION 20

Disciplinary action

PART V

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 supply company;

   (b)  suspend the registration of a registered gas supply company for such
        period as he thinks fit;

   (c)  revoke a registered gas supply company's certificate of  registration
        and issue a replacement certificate of registration stating new or
        altered conditions in respect of which the company is so registered;
        or

   (d)  reprimand a registered gas supply company.

(2) Disciplinary action may be taken against a registered gas  supply company-

   (a)  the registration of which was obtained by fraud or misrepresentation
        in a material particular;

   (b)  which is convicted of an offence against the Ordinance; or

   (c)  which it appears to the Authority has not complied with a requirement
        under the Ordinance with which it is its obligation to comply.

(3) Disciplinary action referred to in subregulation (1)(a) shall not be taken
against a registered gas supply company on a ground specified in subregulation
(2)(b) or (c) unless the offence concerned, or the failure to comply with the
requirement concerned, has resulted, or, in the opinion of the Authority,
could likely have resulted, in serious personal injury to an individual.

(4) Where the Authority has taken disciplinary action against a registered
gas supply company, he shall by notice served on the company inform it of the
disciplinary action taken against it and the reason 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 certificate of registration.

(5) Disciplinary action taken against a registered gas supply  company shall
take effect on the day on which the notice under subregulation (4) concerned
is served on the company, or on such later date as is specified in that
notice, as the case may be, and-

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

(1)(b), the company shall, during the period of its suspension, be deemed not
to be registered as a gas supply company; and

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

(1)(c), the replacement certificate of registration 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)