Hong Kong Regulations

FIRE SERVICE (INSTALLATION CONTRACTORS) REGULATIONS,FIRE SERVICE (INSTALLATION CONTRACTORS) REGULATIONS - REGULATION 10

Disciplinary proceedings

(Past version on 30/06/1997).

(1) If it appears to the Director that a registered contractor has been
convicted by any court of such an offence, or has been guilty of such improper
conduct or negligence in the installation, maintenance, repair or inspection
of any fire service installation or equipment, as to—

   (a)  render him unfit to be on the register; or

   (b)  make his continued inclusion in the register prejudicial to the due
        administration of the Ordinance, the Director may refer the matter to
        the disciplinary board.

(2) If, after due inquiry, the disciplinary board is satisfied that a
registered contractor has been convicted of an offence or has been guilty of
improper conduct or negligence, of the kind mentioned in paragraph (1), the
disciplinary board may order—

   (a)  that the name of the registered contractor be removed, either
        permanently or for such period as it thinks appropriate, from the
        register; or

   (b)  that the registered contractor be reprimanded. (L.N. 268 of 1978)

(3) Subject to paragraph (4), the Director shall comply with any order made
under paragraph (2) and shall record the order in the register.

(4) The Director shall not take any action in compliance with an order made
under paragraph (2)—

   (a)  if an appeal is lodged with the Court of First Instance under
        regulation 12(1), until the appeal is finally determined; or (10 of
        2008 s. 23)

   (b)  until the time within which an appeal may be lodged under regulation
        12(2) has expired.

(5) For the purposes of paragraph (4), an appeal to the Court of First
Instance shall be deemed to be finally determined when the earliest of the
following events occurs, whichever is applicable in the circumstances—

   (a)  when the appeal to the Court of First Instance is withdrawn or
        abandoned;

   (b)  subject to paragraph (6), when the specified period expires without an
        appeal having been lodged to the Court of Appeal against a judgment of
        the Court of First Instance made under regulation 12(1);

   (c)  subject to paragraph (6), if, before the expiry of the specified
        period referred to in sub-paragraph (b), an appeal is lodged to the
        Court of Appeal, when the appeal to the Court of Appeal is withdrawn
        or abandoned;

   (d)  when the specified period expires without an application for leave to
        appeal having been made to the Court of Appeal;

   (e)  if, before the expiry of the specified period, an application for
        leave to appeal is made to the Court of Appeal—

        (i)    when the application is withdrawn or abandoned;

        (ii)   if the application is refused, when the specified period
               expires without an application for leave to appeal having been
               made to the Court of Final Appeal; or

        (iii)  if the application is granted, when the appeal to the Court of
               Final Appeal is withdrawn, abandoned or disposed of; or

   (f)  if, before the expiry of the specified period, an application for
        leave to appeal is made to the Court of Final Appeal—

        (i)    when the application is withdrawn, abandoned or refused; or

        (ii)   if the application is granted, when the appeal to the Court of
               Final Appeal is withdrawn, abandoned or disposed of. (10 of
               2008 s. 23)

(6) Notwithstanding paragraph (5)(b) and (c), an appeal to the Court of First
Instance shall be deemed to be finally determined, if, in respect of a
judgment of the Court of First Instance made under regulation 12(1), a
certificate is granted under section 27C of the Hong Kong Court 
of Final Appeal Ordinance ( Cap 484) and leave to appeal is granted under
section 27D of that Ordinance, when the appeal to the Court of Final Appeal
under section 27B of that Ordinance is withdrawn, abandoned or disposed of,
but only if the following conditions are satisfied—

   (a)  the certificate is granted on an application made within 14 days from
        the date on which the judgment is given as referred to in
        section 27C(3) of that Ordinance; and

   (b)  the leave to appeal is granted on an application made within 28 days
        from the date on which a certificate is granted under section 27C of
        that Ordinance as referred to in section 27D(1) of that Ordinance or,
        on an application made within that period of 28 days for an extension
        of time, such other longer period as so extended. (10 of 2008 s. 23)

(7) In paragraph (5)— “application for leave to appeal”
(上訴許可申請) means an application made to the Court of Appeal or the
Court of Final Appeal under section 24 of the
Hong Kong Court of Final Appeal Ordinance ( Cap 484) for leave to appeal to
the Court of Final Appeal from a judgment of the Court of Appeal; “specified
period” (指明限期)—

   (a)  in the case of an appeal to the Court of Appeal against a judgment of
        the Court of First Instance made under regulation 12(1), means—

        (i)    subject to sub-sub-paragraph (ii), the period of 28 days within
               which the notice of appeal referred to in Order 59, rule 4(1)
               of the Rules of the High Court (Cap 4 sub. leg. A) is required
               to be served; or

        (ii)   if, on an application made within the period of 28 days
               referred to in sub-sub-paragraph (i), the Court of Appeal
               extends that period, the period as so extended, however, in a
               case where an appeal may lie from a judgment of the Court of
               First Instance under Division 3 of Part II of the
               Hong Kong Court of Final  Appeal Ordinance ( Cap 484), the
               following period of time shall be disregarded in determining
               the period of 28 days referred to in sub-sub-paragraph (i) or
               (ii)—

        (iii)  where an application has been made under section 27C of that
               Ordinance (that is, within 14 days from the date on which the
               judgment is given as referred to in section 27C(3) of that
               Ordinance), the period from the date on which the judgment is
               given to the date on which the application is determined; or

        (iv)   where an application has been made under section 27D of that
               Ordinance (that is, within 28 days from the date on which a
               certificate is granted under section 27C of that Ordinance as
               referred to in section  27D (1) of that Ordinance or, on an
               application made within that period of 28 days for an extension
               of time, such other longer period as so extended), the period
               from the date on which the judgment is given to the date on
               which the application is determined;

   (b)  in the case of an application for leave to appeal made to the Court of
        Appeal, means—

        (i)    subject to sub-sub-paragraph (ii), the period of 28 days within
               which the notice of motion referred to in section 24(2) of the
               Hong Kong  Court of Final Appeal Ordinance ( Cap 484) is
               required to be filed; or

        (ii)   if, on an application made within the period of 28 days
               referred to in sub-sub-paragraph (i), the Court of Appeal
               extends that period, the period as so extended; or

   (c)  in the case of an application for leave to appeal made to the Court of
        Final Appeal, means—

        (i)    subject to sub-sub-paragraph (ii), the period of 28 days within
               which the notice of motion referred to in section 24(4) of the
               Hong Kong  Court of Final Appeal Ordinance ( Cap 484) is
               required to be filed; or

        (ii)   if, on an application made within the period of 28 days
               referred to in sub-sub-paragraph (i), the Court of Final Appeal
               extends that period, the period as so extended. (10 of 2008 s.
               23) “application for leave to appeal” (上訴許可申請)
               “specified period” (指明限期)