T-2

GAS SAFETY (REGISTRATION OF GAS INSTALLERS AND GAS CONTRACTORS) REGULATIONS

(Cap. 51 sub. leg. D)

Contents

Regulation                                                                       Page

PART I

PRELIMINARY

1. Citation  1-2

2. Interpretation      1-2

PART II

PERSONS WHO MAY PERSONALLY 

CARRY OUT GAS INSTALLATION 

WORK

3. Persons who may personally carry out gas   2-2

installation work

PART III

REGISTRATION OF GAS INSTALLERS

4. Qualifications for registration     3-2

5. Application for registration  3-2

6. Information and particulars to be furnished  3-4

7. Determination of application      3-4

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Regulation                                                                       Page

8. Issue of registration card 3-6

Part IV

Duties of Registered Gas Installers

9. Registered gas installer to check gas      4-2

installation work carried out by individuals 

under his supervision

10. Production of registration card   4-2

11. Registered gas installer to notify change of 4-2

name or address

Part V

Only Registered Gas Contractors may 

carry on Business of Gas Contractor, etc.

12. Only registered gas contractors may carry on     5-2

business of gas contractor, etc.

PART VI

REGISTRATION OF GAS 

CONTRACTORS

13. Qualifications for registration     6-2

14. Application for registration  6-2

15. Information and particulars to be furnished  6-2

16. Determination of application      6-4

17. Issue of certificate of registration     6-4

PART VII

DUTIES OF REGISTERED GAS CONTRACTORS

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Regulation                                                                       Page

18. Display of certificate of registration 7-2

19. Notice to be displayed    7-2

20. Cessation or commencement of business      7-2

21. Advertisements  7-4

22. Supervision of employees    7-4

23. Records to be kept    7-4

24. Registered gas contractor to notify change of     7-6

name or address

PART VIII

DISCIPLINARY ACTION AND 

RELATED MATTERS

25. Disciplinary action   8-2

26. Inquiry   8-6

27. Compulsory surrender of registration     8-8

document, etc.

PART IX

APPEALS

28. Appeals to appeal board 9-2

PART X

REGISTER

29. Register  10-2

30. Inspection of register      10-4

T-8

Regulation                                                                       Page

PART XI

MISCELLANEOUS

31. Advertising  11-2

32. Lost, etc. registration documents      11-2

33. Voluntary surrender of registration document    11-2

34. Exemptions  11-4

35. Offences 11-8

36. Power to amend Schedules 1 and 2  11-10

SCHEDULE 1   CLASSES OF GAS INSTALLATION S1-2

WORK

SCHEDULE 2 PRESCRIBED QUALIFICATIONS        S2-2

FOR EACH CLASS OF GAS 

INSTALLATION WORK

1-2

Regulation 1 

GAS SAFETY (REGISTRATION OF GAS INSTALLERS AND GAS CONTRACTORS) REGULATIONS

(Cap. 51, section 8)

[1 April 1991]

PART I

PRELIMINARY

1. Citation

These regulations may be cited as the Gas Safety (Registration of Gas Installers and Gas Contractors) Regulations.

2. Interpretation

In these regulations, unless the context otherwise requires—

“applicant” (申請人)—

(a)         in relation to Part III, means a person who has made an application under regulation 5; and

(b)         in relation to Part VI, means a person who has made an application under regulation 14;

“application” (申請)—

(a)         in relation to Part III, means an application under regulation 5; and

(b)         in relation to Part VI, means an application under regulation 14;

1-4

Regulation 2 

“certificate of registration” (註冊證明書) means a certificate of registration issued or deemed to have been issued under regulation 17;

“class” (類別), in relation to gas installation work, means a class of gas installation work specified in Part 2 of Schedule 1;

“disciplinary action” (紀律處分) means any of the actions which the Authority may take under regulation 25(1) against a registered gas installer or gas contractor;

“gas contractor” (氣體工程承辦商) means a person who as a 

business carries out gas installation work, whether or not—

(a)         the person does so alone or in partnership with another person or persons; or

(b)         such business is part of or connected with any other business;

“gas installation work” (氣體裝置工程) means the fabrication, connection, disconnection, testing, commissioning, decommissioning, maintenance, repair or replacement of gas fittings, but does not include—

(a)         the disconnection of a cylinder, or the connection of a cylinder in place of another cylinder, where such disconnection or connection is made at the pressureregulator or adaptor directly connected to the cylinder concerned; or

(b)         the disconnection or connection of a bunsen burner;

                 “gas    installer”    (氣體裝置技工)    means    an    individual    who 

personally carries out gas installation work;

“prescribed qualifications” (訂明資格), in relation to a class of gas installation work, means the qualifications specified in Part 2 of Schedule 2 in respect of that class;

“register” (註冊紀錄冊) means the register kept under regulation 29;

1-6

Regulation 2 

“registered” (註冊)—

(a)         in relation to a gas installer, means registered under regulation 7(1)(a); and

(b)         in relation to a gas contractor, means registered under regulation 16(1)(a);

“registration card” (註冊卡) means a registration card issued or deemed to be issued under regulation 8;

“registration document” (註冊文件) means a registration card or certificate of registration.

PART II                                                                                                        2-2

Regulation 3 

PART II

PERSONS WHO MAY PERSONALLY CARRY OUT GAS INSTALLATION WORK

3.           Persons who may personally carry out gas installation work

(1)         Subject to subregulations (2), (3) and (4), no person other than a registered gas installer who is—

(a)         a registered gas contractor; or

(b)         the employee of a registered gas contractor, shall personally carry out any gas installation work.

(2)         A registered gas installer may personally carry out any gas installation work—

(a)         of a class in respect of which he is so registered; and

(b)         in domestic premises occupied by him,

without being a registered gas contractor or the employee of a registered gas contractor.

(3)         An individual who is undergoing training for the purpose of satisfying any requirements necessary to qualify him for the issue of a registration card may personally carry out any gas installation work if, in relation to such work, he is under the supervision of a registered gas installer referred to in subregulation (1).

(4)         Subject to subregulation (7), an individual may personally carry out gas installation work which consists of—

(a)         the fabrication of gas pipes; or

(b)         the placing in position of gas fittings, where—

PART II                                                                                                        2-4

Regulation 3 

(i)           gas is not and has not been supplied to the gas supply system in respect of which such work is being carried out; and

(ii)         in relation to such work, he is under the supervision of a registered gas installer referred to in subregulation (1).

(5)         No registered gas installer shall personally carry out any gas installation work which is not gas installation work of a class in respect of which he is so registered unless he is under the supervision of a registered gas installer who is so registered in respect of that class.

(6)         No registered gas installer shall supervise any individual personally carrying out any gas installation work unless such work is gas installation work of a class in respect of which he is so registered.

(7)         Subregulation (4) shall expire upon the expiration of 5 years immediately following the commencement of the Ordinance.

3   2

Regulation    4 

PARTREGISTRATION OF GAS INSTALLERS     III

1. Qualifications for registration

A person is qualified to be registered as a gas installer in respect of a class of gas installation work if—

(a)         he is an individual; and

(b)         he—

(i)             has the prescribed qualifications applicable to that class;

(ii)           has qualifications which, in the opinion of 

the Authority, are not less than the prescribed qualifications referred to in subparagraph (i); or

(iii)         has, in the opinion of the Authority, such knowledge and relevant practical experience with respect to that class as is not less than that specified in the prescribed qualifications referred to in subparagraph (i).

1. Application for registration

             (1)           A person may make an application in the approved form to 

the Authority to be registered as a gas installer but, in any case, he shall state in that form—

 (a) the class or classes of gas installation work in respect of which he is seeking such registration; and  (b) his address for service by post.

3-4

Regulation 6 

             (2)        An application under subregulation (1) shall be accompanied 

by a fee of $395. (L.N. 315 of 1993; L.N. 605 of 1994; 

L.N. 36 of 1997; L.N. 24 of 1998; L.N. 137 of 1998)

1. Information and particulars to be furnished

(1)         An applicant shall furnish to the Authority such information and particulars as the Authority requires for the purpose of determining whether registration as a gas installer should be granted or refused.

(2)         For the purpose referred to in subregulation (1), the Authority may require the attendance before him of an applicant, and may examine any applicant who so attends.

1. Determination of application

 (1) Subject to this regulation, upon receipt of an application, the Authority shall, as soon as practicable, by notice served on the applicant—

(a)         grant registration to the applicant as a gas installer to carry out gas installation work of such class or classes as the Authority thinks fit and as is or are specified in that notice; or

(b)         refuse to grant registration to the applicant as a gas installer.

 (2) The Authority shall not grant registration to an applicant as a gas installer unless he is satisfied that—

(a)         the applicant is qualified under regulation 4 to be so registered; and

(b)         in all the circumstances, the applicant, if so registered, would be capable of complying with the requirements under the Ordinance with which it is his obligation to 

3-6 Regulation 8 

comply, in particular in relation to the safety of members of the public.

             (3)    Where the Authority—

(a)         grants registration to an applicant as a gas installer in respect of a class or classes of gas installation work other than that stated in his application as the class or classes of such work in respect of which he is seeking such registration; or

(b)         refuses to grant registration to an applicant as a gas installer,

he shall specify in the notice concerned under subregulation (1) his reasons for such registration or refusal of registration, as the case may be.

1. Issue of registration card

Where the Authority grants registration to an applicant as a gas installer, he shall issue to the applicant a registration card in the approved form as evidence of such registration but, in any case, such card shall specify the class or classes of gas installation work in respect of which the applicant is so registered.

Part IV                                                                                                          4-2

Regulation 9 

Part IV

Duties of Registered Gas Installers

1. Registered gas installer to check gas installation work carried out by individuals under his supervision

Where an individual personally carrying out any gas installation work is, in relation to such work, under the supervision of a registered gas installer, such gas installer shall check such work to ensure it has been carried out in accordance with the requirements under the Ordinance applicable to such work.

1. Production of registration card

(1)         A registered gas installer carrying out any gas installation work must, on request by any person, produce his or her registration card or an equivalent document to the person.

(2)         The Authority may recognize any document specified by the Authority as an equivalent document for the purposes of subsection (1).

(3)         If a recognition is made under subsection (2), the Authority may specify the circumstances under which the recognition takes effect.

(22 of 2014 s. 39)

1. Registered gas installer to notify change of name or address

Where any registered gas installer changes his name, or address for service by post specified in his application under regulation 5, subsequent to his registration as a gas installer, he shall give written notification to the Authority of such change not later than 21 days after such change takes place.

Part IV                                                                                                          4-4

(Format changes—E.R. 3 of 2015)

Part V                                                                                                           5-2

Regulation 12 

Part V

Only Registered Gas Contractors may carry on Business of Gas Contractor, etc.

1. Only registered gas contractors may carry on business of gas contractor, etc.

(1)         No person other than a registered gas contractor shall carry on the business of a gas contractor.

(2)         Subject to subregulation (3), no person shall employ a person other than a registered gas contractor to carry out any gas installation work.

(3)         Subregulation (2) shall not apply to the employment by a registered gas contractor of persons for the purpose of carrying on his business as a gas contractor.

(Format changes—E.R. 3 of 2015)

PART VI                                                                                                       6-2

Regulation 13 

PART VI

REGISTRATION OF GAS CONTRACTORS

1. Qualifications for registration

A person is qualified to be registered as a gas contractor if—

(a)         the person is an individual or a company; and

(b)         having regard to the scope of the person’s proposed business operations and the liabilities the person may incur in the course of carrying on the business of a gas contractor, the person has sufficient material resources to carry on business as a gas contractor.

1. Application for registration

(1)         A person may make an application in the approved form to the Authority to be registered as a gas contractor but, in any case, he shall state in that form his address for service by post.

(2)         An application under subregulation (1) shall be accompanied by a fee of $5,110. (L.N. 315 of 1993; L.N. 605 of 1994; 

L.N. 36 of 1997; L.N. 24 of 1998; L.N. 137 of 1998)

1. Information and particulars to be furnished

(1)         An applicant shall furnish to the Authority such information and particulars as the Authority requires for the purpose of determining whether registration as a gas contractor should be granted or refused.

(2)         For the purpose referred to in subregulation (1), the Authority may require the attendance before him of an applicant who is an individual or, in the case of an applicant which 

27.2.1998

PART VI                                                                                                       6-4

Regulation 16 

is a company, a representative of the company who is an individual authorized in writing by the company to so attend, and may examine any such individual who so attends.

1. Determination of application

 (1) Subject to this regulation, upon receipt of an application, the Authority shall, as soon as practicable, by notice served on the applicant—

(a)         grant registration to the applicant as a gas contractor; or

(b)         refuse to grant registration to the applicant as a gas contractor.

 (2) The Authority shall not grant registration to an applicant as a gas contractor unless he is satisfied that—

(a)         the applicant is qualified under regulation 13 to be so registered; and

(b)         in all the circumstances, the applicant, if so registered, would be capable of complying with the requirements under the Ordinance with which it is his obligation to comply, in particular in relation to the safety of members of the public.

 (3) Where the Authority refuses to grant registration to an applicant as a gas contractor, he shall specify in the notice concerned under subregulation (1) his reasons for such refusal of registration.

1. Issue of certificate of registration

Where the Authority grants registration to an applicant as a gas contractor, he shall issue to the applicant a certificate of registration in the approved form as evidence of such registration.

27.2.1998

7-2

Regulation 18 

PART VII

DUTIES OF REGISTERED GAS CONTRACTORS

1. Display of certificate of registration

A registered gas contractor shall cause his certificate of registration to be exhibited at all times in a conspicuous position at the office where he carries on business as a gas contractor or, if there is more than one such office, at the principal office where he carries on such business.

1. Notice to be displayed

A registered gas contractor shall exhibit and keep exhibited so as to be easily visible by a person entering the office or each office at which he carries on business as a gas contractor a notice, in the English and Chinese languages—

(a)         consisting of letters or characters not less than 5 centimetres in height;

(b)         stating his name and the words “REGISTERED GAS CONTRACTOR NUMBER . . . ” or characters “註冊氣體工程承辦商號碼 . . .”;

(c)         stating his registration number; and

(d)         where he carries on such business under a name other than his own name, stating the name under which he carries on business as a gas contractor.

1. Cessation or commencement of business

Where a registered gas contractor ceases to carry on business as a gas contractor at any office or commences to carry on business as a gas contractor at any office, he shall, not later than 21 days after 

7-4

Regulation 21 

such cessation or commencement, give written notification thereof to the Authority.

1. Advertisements

A registered gas contractor shall not publish an advertisement relating to, or in connection with, his business as a gas contractor unless he specifies in the advertisement that he is a registered gas contractor.

1. Supervision of employees

A registered gas contractor shall ensure, so far as is practicable, that his employees do not personally carry out, or supervise any individual personally carrying out, gas installation work in contravention of any of the requirements under the Ordinance applicable to such work.

1. Records to be kept

(1)         Each registered gas contractor shall maintain records in accordance with subregulation (2) of all gas installation work carried out by him and shall keep such records for a period of not less than 2 years after the gas installation work concerned was carried out.

(2)         Records under subregulation (1) of gas installation work shall specify—

(a)         the address at which such work was carried out;

(b)         the nature of such work including, if any such work was carried out on a gas appliance, the type of such appliance;

(c)         the name and address of the person for whom such work was carried out; and

7-6

Regulation 24 

(d)         the name and registration number of the registered gas installer who—

(i)           personally carried out such work; or

(ii)         supervised the individual who personally carried out such work, as the case may be.

 (3) Where a person ceases, for whatever reason, to be a registered gas contractor, he shall, as soon as is reasonably practicable but, in any case, not later than 30 days after ceasing to be a registered gas contractor, provide to the Authority the records under subregulation (1) that were required to be kept by him.

1. Registered gas contractor to notify change of name or address

Where any registered gas contractor changes his name, or address for service by post specified in his application under regulation 14, subsequent to his registration as a gas contractor, he shall give written notification to the Authority of such change not later than 21 days after such change takes place.

8-2 Regulation 25 

PART VIII

DISCIPLINARY ACTION AND RELATED MATTERS

1. Disciplinary action

 (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 

8-4

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 

8-6

thinks fit and, for that purpose, the Authority shall have such powers as are necessary to give effect to that revocation.

1. Inquiry

 (1) Before taking disciplinary action against a registered gas installer or gas contractor, the Authority shall—

(a)         by notice served on the gas installer or gas contractor, inform him of the complaint against him; and

(b)         hold an inquiry into the matter of the complaint and afford the gas installer or gas contractor an opportunity of giving an explanation—

(i)           in writing; or

(ii)         personally (which, in the case of a gas contractor which is a company, shall mean an individual authorized in writing by the company for the purpose).

             (2)     The Authority may in a notice under subregulation (1)—

(a)         served on a registered gas installer, direct the gas installer not to personally carry out, or supervise any individual personally carrying out, any gas installation work; and

(b)         served on a registered gas contractor, direct the gas contractor not to carry on the business of a gas contractor,

where the Authority is satisfied that his failure to give such a direction may substantially prejudice the safety of members of the public.

 (3) A direction referred to in subregulation (2) shall take effect on the day on which the notice under subregulation (1) 

8-8

concerned is served on the registered gas installer or gas contractor, and shall cease to have effect—

(a)         on the expiration of 14 days after that day;

(b)         on the day on which any disciplinary action taken against the gas installer or gas contractor takes effect; or

(c)         if the gas installer or gas contractor is served with a notice by the Authority stating that the direction is revoked,

whichever first occurs.

1. Compulsory surrender of registration document, etc.

(1)         Where disciplinary action referred to in regulation 25(1)(a), (b) or (c) is taken against a registered gas installer or gas contractor, the gas installer or gas contractor shall, not later than 14 days after the notice under regulation 25(4) concerned is served on him, surrender to the Authority the registration document to which the disciplinary action relates.

(2)         Where disciplinary action referred to in regulation 25(1)(b) taken against a registered gas installer or gas contractor ceases to have effect, the Authority shall, upon the written request of the gas installer or gas contractor, return to the gas installer or gas contractor his registration document surrendered under subregulation (1), or issue to the gas installer or gas contractor another registration document in like terms, and any such document so issued shall, for the purposes of these regulations—

(a)         where issued to a gas installer, be deemed to have been issued under regulation 8; or

(b)         where issued to a gas contractor, be deemed to have been issued under regulation 17.

PART IX                                                                                                       9-2

Regulation 28 

PART IX

APPEALS

1. Appeals to appeal board

             (1)     Any person aggrieved by—

                         (a)     a decision of the Authority—

(i)           under regulation 7(l)(a) in any case where 

regulation 7(3)(a) applies; or

(ii)         under regulation 7(1)(b) or 16(1)(b); or

 (b) disciplinary action taken against him, may appeal to an appeal board against that decision or disciplinary action, as the case may be.

             (2)     An appeal under this regulation shall—

(a)         be in writing;

(b)         set out the details of or be accompanied by—

(i)             in the case of a decision under regulation 7(l)(a) or (b), the notice under regulation 7(1) concerned;

(ii)           in the case of a decision under regulation 16(1)(b), the notice under regulation 16(1) concerned; and

(iii)         in the case of disciplinary action, the notices under regulations 25(4) and 26(l)(a) concerned;

                         (c)     be commenced within 30 days after—

(i)           the decision appealed against was made; or

(ii)         the disciplinary action appealed against has taken effect, as the case may be; and

1.7.2002

PART IX                                                                                                       9-4

Regulation 28 

                         (d)     be delivered to the Secretary.

(3)         A person who appeals under this regulation shall deliver to the Authority notice of, and the grounds for, the appeal.

(4)         Subject to subregulation (5), a decision referred to in subregulation (1) or disciplinary action shall take effect immediately, notwithstanding that an appeal has been or may be made under this regulation against such decision or disciplinary action.

(5)         Where an appeal is made under this regulation against disciplinary action referred to in regulation 25(1)(a), (b) or (c), the Authority may suspend that disciplinary action upon such term as he thinks fit and, for that purpose, the Authority shall have such powers as are necessary to give effect to that suspension.

1.7.2002

PART X                                                                                                      10-2

PART X

REGISTER

1. Register

 (1) The Authority shall keep in the approved form a register in 2 parts, of which—

                         (a)     Part 1 shall contain—

(i)             the name, address for service by post, date of 

registration and registration number of every registered gas installer;

(ii)           in respect of each registered gas installer, the class 

or classes of gas installation work in respect of which he is so registered; and

(iii)         such other particulars in respect of registered gas installers as the Authority thinks fit; and

                         (b)     Part 2 shall contain—

(i)             the name, address for service by post, date of 

registration and registration number of every registered gas contractor;

(ii)           in respect of each registered gas contractor, the 

address of every office at which the gas contractor carries on business as a gas contractor; and

(iii)         such other particulars in respect of registered gas contractors as the Authority thinks fit.

 (2) The Authority may make such alterations to the particulars entered in the register as he thinks fit to ensure the accuracy of the register.

30.6.1997

PART X                                                                                                      10-4

1. Inspection of register

(1)         The register shall be kept at the office of the Authority or at such other place as may be notified by the Authority by notice in the Gazette.

(2)         Any person shall be entitled—

(a)         to inspect the register during ordinary office hours and take copies of any entry therein; and

(b)         on payment of a fee of $20, to obtain from the Authority 

a copy, certified by or under the authority of the Authority to be correct, of any entry in the register.

30.6.1997

11-2

PART XI

MISCELLANEOUS

1. Advertising

No person shall advertise or otherwise hold himself out as—        (a) a gas installer unless he is a registered gas installer;

(b)         a gas installer in respect of a class of gas installation work unless he is a registered gas installer in respect of such class; or

(c)         a gas contractor unless he is a registered gas contractor.

1. Lost, etc. registration documents

Where the registration document issued to any registered gas installer or gas contractor has been lost, defaced or destroyed, the Authority may, upon payment of a fee of $150, issue to the gas installer or gas contractor another registration document in like terms, and any such document so issued shall, for the purposes of these regulations—

(a)         where issued to a gas installer, be deemed to have been issued under regulation 8; and

(b)         where issued to a gas contractor, be deemed to have been issued under regulation 17.

1. Voluntary surrender of registration document

(1)         Subject to this regulation, a registered gas installer or gas contractor may surrender his registration document by lodging it at the office of the Authority.

11-4

Regulation 34 

(2)         The surrender of a registration document under subregulation (1) shall not have effect until the gas installer or gas contractor to whom that document was issued is served with a notice by the Authority stating that the Authority accepts the surrender of such document.

(3)         The Authority may refuse to accept the surrender of a registration document under subregulation (1) where the gas installer or gas contractor to whom that document was issued has been served a notice under regulation 26(1)(a) unless and until the complaint to which that notice relates has been disposed of by the Authority—  (a) taking disciplinary action; or

           (b)     refusing to take disciplinary action, against that gas installer or gas contractor.

 (4) Immediately upon the surrender of a registration document under subregulation (1) having effect in accordance with subregulation (2), the gas installer or gas contractor to whom that document was issued shall cease to be a registered gas installer or gas contractor, as the case may be, but shall remain liable for—

(a)         any act or omission done, caused, permitted or made by him prior to the surrender; and

(b)         any liability incurred by him under the Ordinance prior to the surrender.

1. Exemptions

 (1) The Authority may exempt in writing any person from any of the provisions of these regulations specified in such exemption—

11-6

(a)         where the Authority is of the opinion that the safety of members of the public will not be prejudiced by such exemption; and

(b)         subject to such reasonable conditions as the Authority thinks fit specified in such exemption.

 (2) Without limiting the generality of subregulation (1), an individual who is employed in an industrial undertaking and who, by reason of substantial training and practical experience, is competent to personally carry out gas installation work in relation to plant used in such undertaking, may personally carry out such work in relation to such plant without being registered as a gas installer, and—

(a)         where the individual so carries out such work in relation to such plant, he shall be deemed not to have contravened regulation 3(1) thereby; and

(b)         a person who is not a registered gas contractor who employs that individual in that undertaking to personally carry out such work in relation to such plant shall be deemed not to have contravened regulation 12(2) thereby.

 (3) The Authority may by notice in the Gazette exempt any class of persons from any of the provisions of these regulations specified in such exemption—

(a)         where the Authority is of the opinion that the safety of members of the public will not be prejudiced by such exemption; and

(b)         subject to such reasonable conditions as the Authority thinks fit specified in such exemption.

             (4)     For the purposes of subregulation (2), “industrial undertaking” 

(工業經營) means industrial undertaking within the meaning 

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of the Factories and Industrial Undertakings Ordinance (Cap. 59).

1. Offences

(1)             Any person who contravenes regulation 3(1) or 12(1) commits an offence and is liable on conviction to a fine of $25,000 and to imprisonment for 6 months and, in the case of a continuing offence, to a daily penalty of $2,000.

(2)             Any registered gas installer who, without reasonable excuse, contravenes regulation 3(5) or (6) or 9 commits an offence and is liable on conviction to a fine of $10,000.

(3)             Any registered gas installer who, without reasonable excuse, contravenes regulation 10(1) or 11 commits an offence and is liable on conviction to a fine of $1,000. (22 of 2014 s. 40)

(4)             Any person who knowingly contravenes regulation 12(2) commits an offence and is liable on conviction to a fine of $10,000.

(5)             Any registered gas contractor who, without reasonable excuse, contravenes regulation 18, 19, 20 or 24 commits an offence and is liable on conviction to a fine of $1,000.

(6)             Any registered gas contractor who, without reasonable excuse, contravenes regulation 21 commits an offence and is liable on conviction to a fine of $5,000.

(7)             Any registered gas contractor who contravenes regulation 22 commits an offence and is liable on conviction to a fine of $10,000.

(8)             Any registered gas contractor who contravenes regulation 23(1), or any person who contravenes regulation 23(3), commits an offence and is liable on conviction to a fine of $5,000.

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(9)             Any registered gas installer or gas contractor who contravenes a direction referred to in regulation 26(2) specified in a notice under regulation 26(1) served on him commits an offence and is liable on conviction to a fine of $10,000 and to imprisonment for 3 months and, in the case of a continuing offence, to a daily penalty of $1,000.

(10)         Any registered gas installer or gas contractor who, without reasonable excuse, contravenes regulation 27(1) commits an offence and is liable on conviction to a fine of $1,000.

(11)         Any person who contravenes regulation 31 commits an offence and is liable on conviction to a fine of $10,000.

1. Power to amend Schedules 1 and 2

The Secretary may, by notice in the Gazette, amend Schedule 1 or 2. (22 of 1996 s. 7)