Hong Kong Regulations

FACTORIES AND INDUSTRIAL UNDERTAKINGS (LIFTING APPLIANCES AND LIFTING GEAR) REGULATIONS - REGULATION 3

Interpretation

(Past version on 30/06/1997).

(1) In these regulations, unless the context otherwise requires- (L.N. 285 of
1993)

"automatic safe load indicator" (安全負荷自動顯示器) means a device
intended to be fitted to a crane that automatically gives an audible and
visible warning to the operator thereof that the crane is approaching its
safe working  load and that automatically gives a further audible and visible
warning when the crane has exceeded its safe working load;

"competent examiner" (合資格檢驗員), in relation to the carrying out of
any test and examination required by these regulations, means a person who is-

   (a)  appointed by the owner required by these regulations to ensure that
        the test and examination is carried out; (L.N. 285 of 1993)

   (b)  a registered professional engineer registered under the
        Engineers Registration Ordinance ( Cap 409) within a relevant
        discipline specified by the Commissioner; and (L.N. 285 of 1993)

   (c)  by reason of his qualifications, training and experience, competent to
        carry out the test and examination; (L.N. 285 of 1993)

"competent person" (合資格的人), in relation to any duty required to be
performed by him under these regulations, means a person who is-

   (a)  appointed by the owner required by these regulations to ensure that
        the duty is carried out by a competent person; and

   (b)  by reason of training and practical experience, competent to perform
        the duty;

"construction site" (建築地盤) means a place where construction work is
undertaken and includes any area in the immediate vicinity which is used for
the storage of materials or plant used or intended to be used for the purpose
of the construction work; (L.N. 285 of 1993)

"crane" (起重機) means any appliance equipped with mechanical means of
raising and lowering a load and for transporting the load while suspended; and
also all chains, ropes, swivels, or other tackle (down to and including the
hook), used in the operation of a crane; but does not include-

   (a)  a hoist block running on a fixed rail or wire;

   (b)  a stacker or conveyer whereby a load is moved by means of a belt or
        platform; or

   (c)  an earth or mineral moving or excavating appliance not fitted with a
        grab;

"lifting appliance" (起重機械) means a crab, winch, teagle, pulley block
or gin wheel used for raising or lowering, and a crane, sheerlegs, excavator,
pile driver, pile extractor, dragline, aerial ropeway, aerial cableway
transporter or overhead runway, and also any part of any such appliance; (L.N.
285 of 1993)

"lifting gear" (起重裝置) means a chain sling, rope sling, ring or similar
gear, and a link, hook, plate clamp, shackle, swivel or eyebolt;

"maintained" (維修、保持) means maintained in an efficient state, in
efficient working order and good repair;

"owner" (擁有人), in relation to any lifting appliance or lifting gear,
includes the lessee or hirer thereof, and any overseer, foreman, agent or
person in charge or having the control or management of the lifting  appliance
or lifting gear, and the contractor who has control over the way any
construction work which involves the use of the lifting appliance or
lifting gear is carried out and, in the case of a lifting appliance or
lifting gear situated on or used in connection with work on a construction 
site, also includes the contractor responsible for the construction site;
(L.N. 285 of 1993; L.N. 260 of 2003)

"raising or lowering or as a means of suspension" (升降或作懸吊之用)
means raising  or lowering or as a means of suspension of a load on a
lifting appliance or lifting gear;

"repair" (修理) includes renewal, alteration or addition;

"safe working load" (安全操作負荷), in relation to a lifting appliance
or to lifting gear, means either-

   (a)  the appropriate safe working load for operating the lifting  appliance
        or lifting gear as specified in the current certificate of test and
        thorough examination delivered in the approved form by a competent 
        examiner in respect of that lifting appliance or lifting gear for the
        purposes of these regulations; or (L.N. 23 of 1994)

   (b)  where no such certificate is required, the relevant safe  working load
        shown in the table referred to in regulation 18(1)(b);

"thorough examination" (徹底檢驗) means a visual examination, carried out
as carefully as the conditions permit in order to arrive at a reliable
conclusion as to the safety of the parts examined, and if necessary for the
purpose the visual examination shall be supplemented if necessary by other
means such as a hammer test and, parts of the lifting appliance or
lifting gear shall be dismantled.

(2) For the purposes of these regulations, a contractor is responsible for a
construction site if he is undertaking construction work there or, where there
is more than one contractor undertaking construction work at the site, if he
is the principal contractor undertaking construction work there. (L.N. 285 of
1993)

"automatic safe load indicator" (安全負荷自動顯示器)

"competent examiner" (合資格檢驗員)

"competent person" (合資格的人)

"construction site" (建築地盤)

"crane" (起重機)

"lifting appliance" (起重機械)

"lifting gear" (起重裝置)

"maintained" (維修、保持)

"owner" (擁有人)

"raising or lowering or as a means of suspension" (升降或作懸吊之用)

"repair" (修理)

"safe working load" (安全操作負荷)

"thorough examination" (徹底檢驗)