Hong Kong Fire Services Department

Registered Fire Service Installation Contractors Disciplinary Board

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Registered Fire Service Installation Contractors Disciplinary Board (“Disciplinary Board”)

Registered Fire Service Installation Contractors (hereafter referred to as “Registered Contractors”) are regulated under the Fire Service (Installation Contractors) Regulations, Chapter 95A, Laws of Hong Kong (“Regulations”), which stipulate the classes of registered contractors, qualification requirements for registration as well as the disciplinary proceedings against registered contractors.  Below are the provisions regarding disciplinary inquiry and the procedures involved. The provisions of the Regulations should prevail in all instances.

 

Considerations in Referring Cases to Disciplinary Board

Regulation 10(1) of the Fire Service (Installation Contractors) Regulations stipulates that:

  “If it appears to the Director of Fire Services 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 -

  1. render him unfit to be on the register; or
  2. make his continued inclusion in the register prejudicial to the due administration of the Fire Services Ordinance,

 

the Director may refer the matter to the disciplinary board.”

  1. The decision of the Director of Fire Services to summon a registered contractor to attend any disciplinary inquiry of the disciplinary board will depend on whether the conditions specified in regulation 10(1) of the Fire Service (Installation Contractors) Regulations are met.
  2. By using the word “or” in regulation 10(1), it means that there are basically two scenarios in which the Director of Fire Services may refer the disciplinary matter concerning a registered contractor to the disciplinary board for inquiry.  The two scenarios are:
    1. the registered contractor has been convicted by the court of an offence of improper conduct or negligence in the installation, maintenance, repair or inspection of any fire service installation or equipment;

      or
       
    2. the registered contractor has been guilty of improper conduct or negligence in the installation, maintenance, repair or inspection work of any fire service installation or equipment.

 

Appointment and Composition of Disciplinary Board

Pursuant to regulation 9 of the Fire Service (Installation Contractors) Regulations, a disciplinary board shall be appointed by the Chief Executive and shall consist of the following members:

  1. a member of the committee of the Fire Insurance Association of Hong Kong nominated by that Association;
  2. a public officer nominated by the Building Authority;
  3. a public officer nominated by the Water Authority;
  4. a registered contractor nominated by the Director of Fire Services;
  5. the Director of Fire Services or his representative; and
  6. a legal adviser appointed by the Director of Fire Services.

The Chief Executive may appoint one of the persons specified above as chairman of the disciplinary board, and the legal adviser shall conduct the proceedings under the direction of the chairman.

 

Powers of Disciplinary Board

Regulation 11 of the Fire Service (Installation Contractors) Regulations stipulates that:

“
  1. For the purposes of an inquiry the disciplinary board shall have the following powers-
    1. to hear and examine witnesses on oath;
    2. to summon any person to attend any hearing of the disciplinary board to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession subject to all just exceptions;
    3. to order the inspection of premises in which any fire service installation or equipment has been installed, maintained, repaired or inspected; or
    4. to enter upon and view such premises.
       
  2. A witness summons shall be in such form as the chairman of the disciplinary board shall direct and shall be signed by the chairman.
     
  3. Any person who being summoned to attend as a witness or to produce any document or any other thing at a hearing of the disciplinary board refuses or neglects to do so or to answer any questions put to him by or with the concurrence of the disciplinary board shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 3 months:

    Provided that no person shall be bound to incriminate himself and every witness shall in respect of any evidence given by him before the disciplinary board be entitled to the same privileges to which he would be entitled if giving evidence in civil proceedings before the Court of First Instance.
     
  4. Any person who behaves in an insulting manner or uses any threatening or insulting expression to or in the presence of the disciplinary board shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 3 months.”

 

Order of Disciplinary Board

Pursuant to regulation 10(2) of the Fire Service (Installation Contractors) Regulations, 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 in the installation, maintenance, repair or inspection of any fire service installation or equipment, it may order-

  1. that the name of the registered contractor be removed, either permanently or for such period as it thinks appropriate, from the register; or
     
  2. that the registered contractor be reprimanded.
  1. Generally, the disciplinary board will make the order at the end of the hearing.  A written copy of such order of the board signed by the chairman will then be served on the registered contractor personally on the spot right after the hearing or sent to him by registered post. 
     
  2. The order will be published in the Government Gazette.
     
  3. Pursuant to regulation 10(4) of the Fire Service (Installation Contractors) Regulations, the order shall not take effect prior to the expiry of the appeal period, which is 30 days from the date on which the order is served upon the registered contractor.
     
  4. The order will take effect upon the expiry of the appeal period subject to confirmation with the Registrar of High Court that no notice of appeal is received.
     
  5. In addition, the Orders made by the Disciplinary Board against the registered contractors are generally to be preserved on this website for 7 years.

 

Appeal from Order of Disciplinary Board

  1. Pursuant to regulation 12 of the Fire Service (Installation Contractors) Regulations, a registered contractor who is aggrieved by an order made in respect of him by a disciplinary board may appeal to the Court of First Instance which may confirm, reverse or vary the order of the disciplinary board, and may exercise any power which the board might have exercised.
     
  2. Notice of an appeal shall be given by the registered contractor within 30 days from the date on which the order of the disciplinary board is served upon him.

 

Publication of Information

  1. For the sake of public interest, disciplinary proceedings are normally conducted by way of an open hearing.  To allow public access to the information of the disciplinary hearing, the Fire Services Department will publish the following particulars on its website at least 7 days prior to the hearing:
    1. Date, time and venue of the hearing; and
    2. Registration number and name of the registered contractor concerned.
       
  2.  These particulars will be removed from the website in due course upon conclusion of the hearing.

 

Arrangements for Disciplinary Board Hearings under Inclement Weather

When Tropical Cyclone Warning Signal No.8 or above, an “Extreme Condition” Announcement or a Black Rainstorm Warning Signal is issued/cancelled by the Hong Kong Observatory, the disciplinary board will contact the registered contractor concerned to inform him of the arrangements on the adjournment/resumption of the hearing.

  1. When Pre-No. 8 Special Announcement is issued between 6:00 a.m. and 8:45 a.m.
    In general, when a Pre-No. 8 Special Announcement is issued between 6:00 a.m. and 8:45 a.m., the hearing scheduled for the morning session will be adjourned until further notice.
     
  2. When Tropical Cyclone Warning Signal No. 8 or above is issued
    In general, the hearing will be adjourned when Tropical Cyclone Warning Signal No. 8 or above is issued.
     
  3. When Black Rainstorm Warning Signal is issued
    In general, the hearing will be adjourned when a Black Rainstorm Warning Signal is issued before or during office hours.
     
  4. When Tropical Cyclone Warning Signal No. 8 or above, “Extreme Condition” Announcement or Black Rainstorm Warning Signal is lowered or cancelled

    Arrangements on resumption of the hearing are as follows:
    1. If the signal/announcement is lowered or cancelled at or before 6:00 a.m. on a working day (i.e. Monday to Friday) the hearing will resume at the usual time in the morning.
    2. If the signal/announcement is lowered or cancelled between 6:00 a.m. and 11:00 a.m. or at 11:00 a.m. on a working day (i.e. Monday to Friday), the hearing will resume at 2:30 p.m.  That means the registered contractor who is supposed to attend the hearing in the morning shall appear before the board at 2:30 p.m.
    3. If the signal/announcement is lowered or cancelled after 11:00 a.m. on a working day (i.e. Monday to Friday), hearings of the Registered Fire Service Installation Contractors Disciplinary Board will remain adjourned for the whole day.