Hong Kong Regulations

FACTORIES AND INDUSTRIAL UNDERTAKINGS (SAFETY MANAGEMENT) REGULATION - SECT 30

Appeals

(Past version on 19/06/2000).

PART VII

APPEALS AND PUBLICATION OF CANCELLATION OR SUSPENSION OF REGISTRATION

(1) A person who is aggrieved by a decision-

   (a)  of the Commissioner to refuse to register the person or to register a
        person subject to conditions;

   (b)  of the Commissioner under section 24(1) to require the appointment of
        another safety review officer; or

   (c)  of the disciplinary board under section 29(2)(a), (b) or (c), may,
        within 28 days of being notified by the Commissioner or the
        disciplinary board, as the case may be, of any such decision, appeal
        to the Administrative Appeals Board.

(2) A decision requiring the appointment of another safety review  officer
under section 24(1) or cancelling registration under section  29 (2)(b) or
suspending registration under section 29(2)(c) that is appealed against under
subsection (1) shall be suspended in its operation as from the day on which
the appeal is made until such appeal is disposed of, withdrawn or abandoned
unless such suspension would, in the opinion of the Commissioner (in the case
of that appointment) or the disciplinary  board (in the case of that
cancellation or suspension) be contrary to the public interest and the notice
of the decision contains a statement to that effect.

(3) In the case of an appellant who is or was a registered safety  auditor or
safety review officer, the Commissioner shall cause written notice of the
determination of the appeal by the Administrative Appeals Board, together with
a statement of the decision, to be served-

   (a)  on the proprietor or contractor of the industrial undertaking, if
        known to the Commissioner, where the appellant last conducted a
        safety  audit or safety review (whether in whole or in part); and

   (b)  as soon as practicable after the determination.