Lifts and Escalators (Safety) (Amendment) Bill 1998

Amend the Lifts and Escalators (Safety) Ordinance.

Enacted by the Legislative Council.

1. Short title and commencement

(1) This Ordinance may be cited as the Lifts and Escalators (Safety) (Amendment) Ordinance 1998.

(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Planning, Environment and Lands by notice in the Gazette.

2. Interpretation

Section 2(1) of the Lifts and Escalators (Safety) Ordinance (Cap. 327) is amended---

(a) by repealing the definition of "lift" and substituting---
""lift" (升降機) means---

(a) a lifting machine or appliance having a car or platform the direction of movement of which is restricted by a guide or guides; or

(b) a mechanized vehicle parking system,

but does not include an escalator;";

(b) in the definition of "service lift", by repealing ", used or intended to be used exclusively for carrying goods,";

""mechanized vehicle parking system" (機動泊車系統) means a mechanical plant (with or without a car or platform) which has a power operated mechanism for conveying vehicles (whether or not such conveyance is restricted by guides) to parking spaces within the plant;

"Secretary" (局長) means the Secretary for Planning, Environment and Lands;

"vehicle" (車輛) has the same meaning as in the Road Traffic Ordinance (Cap. 374).".

3. Certain works deemed to be major
alterations in relation to lifts

Section 4(l) is amended by repealing "of interlocking devices" and substituting "or the car of any lift of interlocking devices or changing the type of such interlocking devices".

4. Registers of lift engineers and escalator
engineers and qualifications for

inclusion therein

Section 5 is amended---

(a) in subsection (2)(a)---

(i) by adding "or building services" after "electronic";

(ii) by adding "approved by the Director" after "institute";

(b) by repealing subsection (2)(b) and substituting---

"(b) has---

(i) completed an apprenticeship of not less than 2 years in mechanical or electrical or electronic or building services engineering and has not less than 3 years subsequent working experience in the installation, commissioning, testing and maintenance of lifts or escalators, as the case may be; or

(ii) not less than 5 years working experience in the installation, commissioning, testing and maintenance of lifts or escalators, as the case may be; and";

(d) in subsection (2B), by repealing "or (2A)".

5. Procedure on application for registration

Section 6 is amended---

(a) in subsection (1), by adding "accompanied by the prescribed fee" after "form";

(b) in subsection (2), by repealing "; but no name shall be so included in a register except upon payment of the prescribed fee".

6. Section substituted

Section 8 is repealed and the following substituted---

"8. Disciplinary board for the purposes of section 9

(1) Within the period of 21 days beginning on the date a notice is received by him under section 9(1), the Secretary must appoint a board ("the disciplinary board").

(2) The disciplinary board is to consist of 5 members from the panel appointed under section 8A.

(3) The 5 members referred to in subsection (2) must include at least one member from each category constituting the panel appointed under section 8A.

(4) The members of the disciplinary board must elect a chairman from among themselves.

(5) The chairman is to determine the procedure of the disciplinary board.

(6) In proceedings before the disciplinary board, the Director is also to be a party.

(7) A party to proceedings before the disciplinary board may appear by himself or be represented by any other person, whether legally qualified or not.

(8) The disciplinary board may appoint a legal adviser to advise on legal matters relating to a disciplinary matter referred to the board under section 9 and, accordingly, the legal adviser may be present at any hearing before the disciplinary board to so advise the board.

(9) A member of the disciplinary board is to be remunerated out of money provided by the Legislative Council for the purpose at a rate determined by the Financial Secretary.".

7. Appointment of disciplinary board panel

Section 8A is amended---

(a) in subsections (1) and (4), by repealing "for Planning, Environment and Lands";

(b) in subsection (1)(a) and (b), by adding "and are nominated by that Institution for appointment under this paragraph" after "engineers";

(c) in subsection (1)(c), by adding "who are nominated for appointment under this paragraph by an organization which, in the opinion of the Secretary, represents the interests of lift engineers or escalator engineers" after "escalator engineers";

(d) in subsection (1)(d), by adding "and are nominated by an organization which, in the opinion of the Secretary, represents the interests of this category of engineers" after "Ordinance (Cap. 123)";

(e) in subsection (2), by repealing everything after "years" and substituting a full stop;

(f) by adding---

"(2A) A public officer is not eligible for appointment to the disciplinary board panel.".

8. Disciplinary proceedings

Section 9 is amended---

(a) in subsection (1), by repealing everything after "the Director may" and substituting "refer the matter by notice in writing to the Secretary.";

(b) by adding---

"(1A) Within the period of 21 days beginning on the date a notice is received by him under subsection (1), the Secretary must refer that matter to a disciplinary board appointed under section 8 for inquiry.".

9. Duties of registered lift engineers
or escalator engineers

Section 11A is amended by adding---

"(1A) A registered lift engineer or registered escalator engineer shall, in carrying out any examination or testing of a lift or escalator, ensure that the design and construction of the lift or escalator complies with section 27I.".

10. Procedure on application for registration

Section 11C is amended---

(a) in subsection (1), by adding "accompanied by the prescribed fee" after "form";

(b) in subsection (3)(a), by repealing "; but no name shall be so included in a register except upon payment of the prescribed fee".

11. Section substituted

Section 11E is repealed and the following substituted---

"11E. Disciplinary board for the

purposes of section 11G

(1) Within the period of 21 days beginning on the date a notice is received by him under section 11G(1), the Secretary must appoint a board ("the disciplinary board").

(2) The disciplinary board is to consist of---

(a) 5 members from the panel appointed under section 8A; and

(b) one member from the panel appointed under section 11F.

(3) The 5 members referred to in subsection (2)(a) must include at least one member from each category constituting the panel appointed under section 8A.

(4) The members of the disciplinary board must elect a chairman from among themselves.

(5) The chairman is to determine the procedure of the disciplinary board.

(6) In proceedings before the disciplinary board, the Director is also to be a party.

(7) A party to proceedings before the disciplinary board may appear by himself or be represented by any other person, whether legally qualified or not.

(8) The disciplinary board may appoint a legal adviser to advise on legal matters relating to a disciplinary matter referred to the board under section 11G and, accordingly, the legal adviser may be present at any hearing before the disciplinary board to so advise the board.

(9) A member of the disciplinary board is to be remunerated out of money provided by the Legislative Council for the purpose at a rate determined by the Financial Secretary.".

12. Appointment of disciplinary board panel

Section 11F is amended---

(a) in subsections (1) and (3), by repealing "for Planning, Environment and Lands";

(b) by adding---

"(1A) A public officer is not eligible for appointment to the disciplinary board panel.".

13. Disciplinary proceedings

Section 11G is amended---

(a) in subsection (1), by repealing everything after "the Director may" and substituting "refer the matter by notice in writing to the Secretary.";

(b) by adding---

14. Duties of registered lift contractors

or escalator contractors

Section 11J(1) is amended---

(a) in paragraph (a), by repealing everything after "him" and substituting--- "other than one of a brand and model for which the contractor has previously obtained written approval from the Director for installation, submit the following to the Director and obtain the written approval of the Director to the installation---

(i) particulars of the quality assurance scheme adopted by the manufacturer, the training and technical support provided by the manufacturer and other basic information on the manufacturer of the new brand or model as specified by the Director;

(ii) general specification and other technical information of the lift or escalator concerned as specified by the Director;

(iii) type test certificates issued by institutes approved by the Director in respect of the safety gear, overspeed governor, buffer and door locking device for lifts and step or pallet for escalators and any other components as specified by the Director for lifts or escalators;";

(b) in paragraph (b), by repealing "the lift works or escalator works in question" and substituting "any lift works or escalator works which he is engaged to carry out";

(c) in paragraph (c), by repealing "the lift works or escalator works in question" and substituting "any lift works or escalator works which he is engaged to carry out";

(d) in paragraph (d)---

(i) by repealing "the lift works or escalator works in question" and substituting "any lift works or escalator works which he is engaged to carry out";

(ii) by repealing "and" at the end;

(e) by adding---

"(da) ensure that the design and construction of the lift or escalator concerned complies with section 27I; and".

15. Part III not to apply to service lifts

Section 15A is repealed.

16. Section substituted

Section 16 is repealed and the following substituted---

"16. Appointment of appeal board

(1) Within 7 days beginning on the date an appeal is lodged with the Director under section 6(5), 11C(4) or 15, the Director must give notice in writing to the Secretary of the appeal.

(2) Within the period of 21 days beginning on the date a notice is received by him under subsection (1), the Secretary must appoint a board ("the appeal board") and refer the appeal to the appeal board.

(3) The appeal board is to consist of 4 members from the appeal board panel.

(4) The 4 members of the appeal board must include at least one member from each category constituting the appeal board panel appointed under section 16A.

(5) The members of the appeal board must elect a chairman from among themselves.

(6) The chairman is to determine the procedure of the appeal board.

(7) In proceedings before the appeal board, the Director is also to be a party.

(8) A party to proceedings before the appeal board may appear by himself or be represented by any other person, whether legally qualified or not.

(9) The appeal board may appoint a legal adviser to advise on legal matters relating to an appeal referred to the board under subsection (2) and, accordingly, the legal adviser may be present at any hearing before the appeal board to so advise the board.

(10) A member of the appeal board is to be remunerated out of money provided by the Legislative Council for the purpose at a rate determined by the Financial Secretary.".

17. Appointment of appeal board panel

Section 16A is amended---

(a) in subsection (1)---

(i) by repealing "Governor" and substituting "Secretary";

(ii) by repealing "President of the";

(b) in subsection (5), by repealing "Governor" and substituting "Secretary".

18. Periodic maintenance of lifts and escalators

Section 19(2) is repealed.

19. Certain lift works and escalator works to be carried out by registered lift contractor or registered escalator contractor

Section 20(3) is repealed.

20. Periodic testing of safety equipment of lifts

Section 23 is amended---

(a) in subsection (1)(d), by repealing everything after "its rated" and substituting---

"speed---

(i) in the case of a lift designed and constructed in accordance with a safety standard established prior to the publication of British Standard B.S. 5655 : Part 1 and permitted to be used and operated under this Ordinance, with a load weighing 110 per cent of the rated load for the lift;

(ii) in the case of any other lift, with a load weighing 125 per cent of the rated load for the lift.";

(b) by repealing subsection (3).

21. Part heading substituted

The heading to Part IVA is repealed and the following substituted---

"Lifts which are not for carrying persons".

22. Section added

The following is added before section 27C---

"27CA. Application

(1) This Part applies to---

(a) service lifts;

(b) mechanized vehicle parking systems; and

(2) The Director may, by notice in the Gazette, specify types or descriptions of lifts, other than those referred to in subsection (1)(a) or (b), as lifts which are not to be used for carrying persons.

(3) For the avoidance of doubt, it is declared that a notice under subsection

(2) is subsidiary legislation.".

23. Construction of service lifts

Section 27C is repealed.

24. Overloading and carriage of persons
in lifts to which this Part applies

Section 27D is amended---

(a) in subsection (1), by repealing "service lift" and substituting "lift to which this Part applies";

(b) in subsection (2), by repealing "in a service lift" and substituting

"(whether inside a vehicle or otherwise) in a lift to which this Part applies".

25. Duty of owners of lifts to which
this Part applies

Section 27E is amended---

(a) by repealing "service lift" and substituting "lift to which this Part applies";

(b) in paragraph (c), by adding "(whether inside a vehicle or otherwise)" after "person".

26. Duty of person engaged in operating
service lift to report defects

Section 27F is repealed.

27. Section substituted

Section 27G is repealed and the following substituted---

"27G. Codes of practice

The Director may establish codes of practice---

(a) for lift works and escalator works; and

(b) specifying safety requirements relating to the design and construction of lifts and escalators.".

28. Lift works and escalator works to be carried

out to satisfaction of Director

Section 27H is amended---

(a) by adding---

"(3A) The Director may, in giving approval under subsection (3), impose any condition as he thinks fit as to the lift works or the escalator works or to the operation, maintenance and examination of the lift or escalator or the testing of any safety equipment provided for the lift or escalator.";

(b) in subsection (4), by adding "or contravenes a condition imposed under subsection (3A)" after "to the Director".

29. Section added

The following is added---

"27I. Design and construction of lifts and escalators
to be to satisfaction of Director

(1) The design and construction of all lifts and escalators shall be to the satisfaction of the Director.

(2) Design and construction of a lift or escalator in accordance with the relevant portions of codes of practice established under this Part shall be deemed to be to the satisfaction of the Director.

(3) Where a registered lift engineer, registered escalator engineer, registered lift contractor or registered escalator contractor carries out any lift works or escalator works---

(a) in relation to a lift or escalator of which the design or construction is neither in accordance with the relevant portions of codes of practice nor approved by the Director under this subsection; or

(b) resulting in a lift or escalator of such design or construction as referred to in paragraph (a),

he shall, before carrying out such works, submit details of the design and constructions or the proposed design and construction to the Director for approval.

(4) The Director may, in giving approval under subsection (3), impose any condition as he thinks fit as to the design and construction of the lift or escalator or to the operation, maintenance and examination of the lift or escalator or the testing of any safety equipment provided for the lift or escalator.

(5) A person who contravenes subsection (3), or having obtained the approval of the Director to any proposed design and construction, fails to design or construct a lift or an escalator in accordance with the details approved by the Director or contravenes a condition imposed under subsection (4), commits an offence and shall be liable to a fine at level 2 and to imprisonment for 6 months.".

30. Certain offences

Section 28 is amended---

(a) in subsection (2), by repealing "27C or";

(b) in subsection (3), by repealing "27F,".

31. Prohibition of use and operation of lifts and
escalators in certain cases, and offences
in connection therewith

Section 29 is amended---

(a) in subsections (1) and (2), by repealing ", other than a service lift,";

(b) in subsection (3), by repealing "or section 32(2B)".

32. Subcontracting restricted

Section 29B is amended---

(a) by renumbering it as section 29B(1);

(b) by adding---

"(2) Subsection (1) does not apply to the installation or demolition of a lift or escalator.".

33. Lifts and escalators to be numbered
in certain cases, etc.

Section 32 is amended---

(a) in subsection (2A), by repealing ", subject to subsection (2B),";

(b) by repealing subsections (2B) and (2D).

34. Sections amended

Sections 35(3)(a) and (b) and 38(1) are amended by repealing "or section 32(2B)".

35. Director to certify receipt and registration of
certificates from registered lift engineer
or registered escalator engineer

Section 39(3) is repealed and the following substituted---

"(3) The owner of a lift or escalator shall display or cause to be displayed any certificate delivered to him under this section and keep it displayed until another such certificate is delivered to him, in the following manner---

(a) if the certificate relates to a lift to which Part IVA applies, posted in a conspicuous position adjacent to the landing door of the main landing of the lift;

(b) if the certificate relates to---

(i) any other lift; or

(ii) an escalator,

posted in a conspicuous position in the lift or adjacent to a landing of the escalator, as the case may be.".

36. Transitional

Section 50 is amended by---

(a) renumbering it as section 50(1);

(b) by adding---

"(2) For a lift or escalator to which the repealed Building (Lifts) Regulations (Cap. 123 sub. leg.) or the repealed Building (Escalators) Regulations (Cap. 123 sub. leg.), as the case may be, continues to apply by virtue of subsection (1), the design and construction of such a lift or escalator in accordance with such Regulations shall be deemed to be in accordance with the relevant portions of the codes of practice for the purposes of section 27I.".

37. Section added

The following is added---

"51. Savings and transitional

(1) Notwithstanding anything in the Amending Ordinance---

(a) any person who was a member of a panel immediately before the commencement date is to continue to be such a member for the remainder of his term of office unless he ceases to be so for any other reason before his term of office expires;

(b) a panel which consists of members referred to in paragraph (a) or includes any such member is deemed to be a properly constituted panel for the purposes of this Ordinance.

(2) All pending proceedings which have not been disposed of on the commencement date are to continue and be disposed of as if the Amending Ordinance had not been enacted.

(3) Notwithstanding anything in the Amending Ordinance, the validity of any proceedings before---

(a) an appeal board is not affected by the inclusion in the board of a member of an appeal board panel serving the remainder of his term of office as provided in subsection (1)(a);

(b) a disciplinary board is not affected by the inclusion in the board of a member of the relevant disciplinary board panel serving the remainder of his term of office as provided in subsection (1)(a).

(4) Any application for registration made under section 6 or 11C which is not disposed of on the coming into operation of the amendments in sections 5, 10 and 38 of the Amending Ordinance is to be proceeded with as if those amendments had not been made.

(5) For a service lift installed before the commencement of section 15 of the Amending Ordinance---

(a) the owner shall not be required to obtain permission from the Director for the lift to be used and operated under section 12, and section 29(1) shall not apply, if a certificate under section 26(1) in respect of the lift is received by the Director before that commencement;

(b) sections 19 and 23 do not apply until the expiry of 90 days and 12 months respectively beginning on that commencement.

(6) For a mechanized vehicle parking system which has been installed before the commencement of section 2 of the Amending Ordinance but was not a lift within the meaning of this Ordinance prior to that commencement---

(a) the owner shall obtain permission from the Director for the system to be used and operated in accordance with section 12 within 90 days beginning on that commencement and section 29(1) shall not apply until expiry of that period;

(b) sections 19, 21 and 23 do not apply until---

(i) the expiry of 90 days beginning on that commencement; or

(ii) the system has been permitted to be used and operated under this Ordinance,

whichever is the earlier.

(7) The commencement of section 4 of the Amending Ordinance does not affect the registration of any person who was included in the register of lift engineers, or the register of escalator engineers, as it existed immediately before that commencement.

(8) In this section, unless the context otherwise requires---

"Amending Ordinance" (修訂條例) means the Lifts and Escalators (Safety) (Amendment) Ordinance 1998 ( of 1998);

"appeal board" (上訴委員會) means a board appointed to hear an appeal lodged with the Director under this Ordinance;

"commencement date" (生效日期) means the date of coming into operation of the amendments in the Amending Ordinance relating to the appointment of members to a panel;

"disciplinary board" (紀律審裁委員會) means a board appointed to hear a matter referred to it under section 9 or 11G;

"former board" (既有委員會) means an appeal board or a disciplinary board appointed before the commencement date;

"panel" (委員團) means a disciplinary board panel within the meaning of section 8A or 11F or an appeal board panel within the meaning of section 16A; "pending proceedings" (待決程序) means any proceedings before a former board.".

Consequential Amendments

Lifts and Escalators (Safety) (Fees) Regulations

38. Table of Fees

The Schedule to the Lifts and Escalators (Safety) (Fees) Regulations (Cap. 327 sub. leg.) is amended in items 1, 2, 3, 4 and 5 by adding "application for" before "inclusion".

Explanatory Memorandum

This Bill amends the Lifts and Escalators (Safety) Ordinance (Cap. 327) to slightly widen the ambit of the Ordinance and to generally improve the efficacy of the Ordinance in the interests of safety.

2. Clause 1(2) empowers the Secretary for Planning, Environment and Lands ("the Secretary") to bring the Bill into operation on a day to be appointed by him by notice in the Gazette.

3. Clause 2 amends section 2 to extend the definition of "lift" to include all types of mechanized vehicle parking systems other than those which do not pass through any floor and the height of which does not exceed 3.5 m.

4. Clause 3 amends section 4 to include the addition of interlocking devices to the door of the car of a lift and the changing of the type of interlocking devices on the doors of either a lift-way or the car of any lift, among "major alterations" for the purposes of the Ordinance.

5. Clause 4 amends section 5 to include a higher diploma or higher certificate in buildings services engineering as a qualification for registration as a lift engineer or escalator engineer. Section 5(2)(b) is amended to include 5 years working experience in the installation and maintenance of lifts or escalators as an alternative to the present requirement of 2 years apprenticeship and 3 years working experience in those fields (which present requirement is restated as subparagraph (i)). With the amendment in clause 4(c), working experience alone is generally insufficient for registration as a lift engineer or escalator engineer. However, the position of those who have already been registered on that basis is not affected by the amendments (see new section 51(4) at Clause 37).

6. Clauses 5 and 10 amend sections 6 and 11C respectively to require applications for registration to be accompanied by a prescribed fee.

7. Clause 6 replaces section 8 with a new provision under which the Secretary (instead of the Director of Electrical and Mechanical Services ("the Director")) appoints the disciplinary board for lift engineers and escalator engineers. Further, under the new provision the Director is not represented on the board as chairman or as a member.

8. Clause 7 amends section 8A (which deals with the appointment of the disciplinary board panel for lift engineers and escalator engineers) so that the panel members are not appointed on the recommendation of the Director but only on nomination by the various institutions concerned. It also excludes public officers from membership of the panel.

9. Clause 8 amends section 9 to the effect that the Director, instead of referring a disciplinary matter to the disciplinary board himself, has to bring it to the attention of the Secretary who is required to refer the matter to the board for inquiry.

10. Clause 9 adds a new subsection (1A) to section 11A so that a lift engineer or escalator engineer has to ensure that a lift or escalator is in conformity with the new section 27I.

11. Clauses 11, 12 and 13 make amendments in relation to the disciplinary board and disciplinary board panel for registered lift contractors and registered escalator contractors which are equivalent to the amendments made by clauses 6, 7 and 8 in relation to the disciplinary board and disciplinary board panel for lift engineers and escalator engineers.

12. Clause 14(a) replaces the requirement for a lift contractor or escalator contractor to obtain a manufacturer's certificate for a lift or escalator to be installed by him with a requirement for the contractor to obtain the Director's approval for a lift or escalator unless it is of a brand and model for which the contractor has previously obtained approval. Clause 14(b), (c) and (d) amends section 11J so that the duties of a lift contractor or escalator contractor under that section extend to any lift works or escalator works he is engaged to carry out and are not restricted to lift works or escalator works relating to the installation of a lift or escalator. Clause 14(e) adds a new section 11J(1)(da) which requires contractors to ensure that the design and construction of the lift or escalator concerned complies with the new section 27I.

13. Clause 15 repeals section 15A so as to extend the requirements in Part III to service lifts.

14. Clause 16 replaces section 16 so that the Secretary instead of the Chief Secretary for Administration appoints the appeal board for hearing appeals under the Ordinance and public officers are not appointed to the appeal board.

15. Clause 17 amends section 16A to transfer the power to appoint the appeal board panel to the Secretary.

16. Clauses 18 and 19 extend the requirements of sections 19 and 20 to service lifts.

17. Clause 20 amends section 23 so that the requirements in that section apply to service lifts and all lifts are to be tested with a load weighing 125 per cent of the rated load except for lifts designed and constructed in accordance with safety standards prior to British Standard B.S. 5655: Part 1.

18. Clause 22 introduces a new section 27CA to extend the application of Part IVA to mechanized vehicle parking systems and other lifts specified by the Director and not only to service lifts.

19. Clauses 23 and 26 repeal sections 27C and 27F respectively as they are no longer necessary in view of the amendments which extend the requirements in the Ordinance to lifts to which Part IVA applies.

20. Clauses 24 and 25 amend sections 27D and 27E respectively consequential upon the extension of Part IVA under clause 22.

21. Clause 27 amends section 27G to give the Director power to establish codes of practice for design and construction of lifts and escalators.

22. Clause 28 amends section 27H to empower the Director to impose conditions when giving approval to lift works and escalator works which are not in accordance with the relevant codes of practice and to make the contravention of such a condition an offence.

23. Clause 29 adds a new section 27I to require the design and constructions of lifts and escalators shall be to the satisfaction of the Director. The design and construction is to be either in accordance with the relevant codes of practice or approved by the Director. The registered lift engineer, registered escalator engineer, registered lift contractor or registered escalator contractor shall apply for the Director's approval before carrying out any lift works or escalator works in relation to a lift or escalator of which the design or construction is neither in accordance with the relevant codes of practice nor approved by the Director or any lift works or escalator works resulting in such a lift or escalator. The Director may impose conditions when giving such approval. Failure to obtain the Director's approval or failure to follow approved details of proposed design and construction or failure to comply with conditions imposed by the Director is an offence.

24. Clauses 30, 31, 33 and 34 contain consequential amendments.

25. Clause 32 clarifies that the prohibition against subcontracting under section 29B does not apply to installation or demolition of a lift or escalator.

26. Clause 35 amends section 39 to provide that a certificate under that section which relates to a lift to which Part IVA applies should be posted in a conspicuous position adjacent to the landing door of the main landing of the lift (new section 39(3)(b) restates the existing provision relating to other types of lifts and escalators).

27. Clause 36 amends section 50 so that design and construction in accordance with the repealed Building (Lifts) Regulations (Cap. 123 sub. leg.) or the repealed Building (Escalators) Regulations (Cap. 123 sub. leg.) is deemed to be compliance with the relevant portions of codes of practice for a lift or escalator installed before 18 March 1994.

28. Clause 37 contains savings and transitional provisions. Members of any panel appointed before the commencement of the relevant amendments are to serve until the end of their respective terms. A panel consisting of or including a panel member serving a term of office which existed at the time the relevant amendments came into force is to be regarded as being properly constituted. Proceedings before a board including such a panel member are not be called into question. Proceedings before a board pending on the commencement of the relevant amendments are to be disposed of as if the Amending Ordinance had not been enacted. Applications for registration under the Ordinance pending at the time of the commencement of the provisions which require the payment of the fee at the time of making an application are to be treated under the old procedure under which the fee could be paid at the time the applicant's name was included in the register. The registration of persons who are on the register when the amendments relating to new qualifications become operative are saved. Owners of service lifts which have been installed before the commencement of the amendments to Part IVA and owners of mechanized vehicle parking system previously outside the ambit of the Ordinance are allowed a grace period to comply with the requirements of certain provisions.

29. Clause 38 makes consequential amendments to the Lifts and Escalators (Safety) (Fees) Regulations (Cap. 327 sub. leg.).