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Lift contractor for 480 King’s Road in North Point prosecuted

 

Hong Kong (HKSAR) – Prosecution has been taken out against Shineford Engineering Limited, a registered lift contractor; two of the company’s directors; a registered lift engineer and a registered lift worker for the lift incident on March 2 at King’s Tower, 480 King’s Road, North Point, a spokesman for the Electrical and Mechanical Services Department (EMSD) said today (September 2).

The spokesman stressed that the department monitors closely the performance of registered lift contractors, engineers and workers and takes regulatory actions as appropriate. To ensure lift safety, the department will strictly enforce the law whenever there is sufficient evidence of a contravention.

The Judiciary today served summonses to Shineford Engineering Limited and persons related to the incident under the Lifts and Escalators (Safety) Ordinance Cap.

327, and/or the Lifts and Escalators Ordinance Cap. 618 for the following contraventions:

* Shineford Engineering Limited and two of its directors

(i) for failing to ensure that lift works being undertaken, i.e. maintenance of the suspension ropes and the traction sheave of the lift and cleaning of the lift, were carried out properly and safely, contravening the Lifts and Escalators Ordinance S.16(1)(a) and S.16(2), Cap.

618.

(ii) for subcontracting out the lift works to a person who was not a lift contractor without prior written permission of the Director of Electrical and Mechanical Services, contravening the Lifts and Escalators (Safety) Ordinance S.28(1C)(a) and S.29B(1), Cap. 327.

* The registered lift engineer

(i) for failing to examine the suspension ropes and the traction sheave of the lift in accordance with the Lifts and Escalators (Safety) Ordinance, contravening S.11A(1)(b), S.27H(1)(2) and S.28(3)(a), Cap.

327.

(ii) for knowingly signing and issuing a safety certificate that was false in a material particulars, contravening the Lifts and Escalators (Safety) Ordinance S.28(1)(b), Cap. 327.

* The registered lift worker

(i) for failing to ensure that lift works being engaged, i.e. maintenance of the suspension ropes and the traction sheave of the lift and cleaning of the lift, were carried out properly and safely, contravening the Lifts and Escalators Ordinance S.18(1)(a) and S.18(2), Cap.

618.

The spokesman said that as the old Lifts and Escalators (Safety) Ordinance (Cap. 327) was still valid when some of the offences were committed, the relevant clauses have to be applied for prosecution.

If the above registered personnel are convicted, they will be liable to the following maximum penalty:

* Shineford Engineering Limited and two of its directors – a fine of $100,000 and imprisonment for 12 months.

* The registered lift engineer – a fine of $5,000 and imprisonment for 12 months.

* The registered lift worker – a fine of $10,000.

The case will be heard in Eastern Magistrates’ Courts on December 3 this year.

The EMSD released the technical investigation findings of the lift incident at 480 King’s Road, North Point, on July 12. The investigation report is available at the EMSD’s website: www.emsd.gov.hk/emsd/eng/pps/leo_pub.shtml.


Source: HKSAR Government

Published on: 2013-09-02

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Home » tips »

Lift contractor for 480 King’s Road in North Point prosecuted

 

Hong Kong (HKSAR) – Prosecution has been taken out against Shineford Engineering Limited, a registered lift contractor; two of the company’s directors; a registered lift engineer and a registered lift worker for the lift incident on March 2 at King’s Tower, 480 King’s Road, North Point, a spokesman for the Electrical and Mechanical Services Department (EMSD) said today (September 2).

The spokesman stressed that the department monitors closely the performance of registered lift contractors, engineers and workers and takes regulatory actions as appropriate. To ensure lift safety, the department will strictly enforce the law whenever there is sufficient evidence of a contravention.

The Judiciary today served summonses to Shineford Engineering Limited and persons related to the incident under the Lifts and Escalators (Safety) Ordinance Cap.

327, and/or the Lifts and Escalators Ordinance Cap. 618 for the following contraventions:

* Shineford Engineering Limited and two of its directors

(i) for failing to ensure that lift works being undertaken, i.e. maintenance of the suspension ropes and the traction sheave of the lift and cleaning of the lift, were carried out properly and safely, contravening the Lifts and Escalators Ordinance S.16(1)(a) and S.16(2), Cap.

618.

(ii) for subcontracting out the lift works to a person who was not a lift contractor without prior written permission of the Director of Electrical and Mechanical Services, contravening the Lifts and Escalators (Safety) Ordinance S.28(1C)(a) and S.29B(1), Cap. 327.

* The registered lift engineer

(i) for failing to examine the suspension ropes and the traction sheave of the lift in accordance with the Lifts and Escalators (Safety) Ordinance, contravening S.11A(1)(b), S.27H(1)(2) and S.28(3)(a), Cap.

327.

(ii) for knowingly signing and issuing a safety certificate that was false in a material particulars, contravening the Lifts and Escalators (Safety) Ordinance S.28(1)(b), Cap. 327.

* The registered lift worker

(i) for failing to ensure that lift works being engaged, i.e. maintenance of the suspension ropes and the traction sheave of the lift and cleaning of the lift, were carried out properly and safely, contravening the Lifts and Escalators Ordinance S.18(1)(a) and S.18(2), Cap.

618.

The spokesman said that as the old Lifts and Escalators (Safety) Ordinance (Cap. 327) was still valid when some of the offences were committed, the relevant clauses have to be applied for prosecution.

If the above registered personnel are convicted, they will be liable to the following maximum penalty:

* Shineford Engineering Limited and two of its directors – a fine of $100,000 and imprisonment for 12 months.

* The registered lift engineer – a fine of $5,000 and imprisonment for 12 months.

* The registered lift worker – a fine of $10,000.

The case will be heard in Eastern Magistrates’ Courts on December 3 this year.

The EMSD released the technical investigation findings of the lift incident at 480 King’s Road, North Point, on July 12. The investigation report is available at the EMSD’s website: www.emsd.gov.hk/emsd/eng/pps/leo_pub.shtml.


Source: HKSAR Government

Published on: 2013-09-02

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