Hong Kong – Two qualified persons prohibited by disciplinary board from certifying prescribed inspection and repair of windows for six months and 14 months
Two qualified persons prohibited by disciplinary board from certifying prescribed inspection and repair of windows for six months and 14 months
******************************************************************************************
The Registered Contractors’ Disciplinary Board (the Board) has completed disciplinary inquiries under the Buildings Ordinance (BO) and decided that two registered minor works contractors (RMWC) appointed as qualified persons (QP) under the Mandatory Window Inspection Scheme (MWIS) and the Authorized Signatory (AS) for one of the RMWC should be disciplined for failing to discharge the duties or abide by the requirements imposed on a QP under the BO.
The Board’s written decisions and orders issued on March 15 were published in the Gazette today (March 28). Details are available at the following links:
- www.gld.gov.hk/egazette/pdf/20242813/egn202428131691.pdf; and
- www.gld.gov.hk/egazette/pdf/20242813/egn202428131690.pdf.
In the first case, the RMWC submitted a certificate to the Buildings Department (BD) in June 2019, certifying that a prescribed inspection had been carried out to the windows of the common area of a composite building in Tsuen Wan and that those windows were safe and no prescribed repair was required. Subsequently, the BD conducted an audit inspection and found that the glazing beads of some windows were missing and the glass pane of a window was cracked. Further investigation also revealed the RMWC did not examine all components of the windows in the prescribed inspection.
The RMWC was later prosecuted, convicted and fined $3,000 at the West Kowloon Magistrates’ Courts in October 2020, pursuant to sections 40(2A)(c) of the BO, for knowingly misrepresenting a material fact in the certificate submitted to the BD.
In the second case, the RMWC and its AS submitted a certificate to the BD in February 2019, certifying that a prescribed inspection had been carried out to the windows of two residential units in Shum Shui Po and that those windows were safe and no prescribed repair was required. Subsequently, the BD carried out an investigation in response to an emergency report of a fallen window from one of the concerned units and found that rivets of some windows of both units were broken, missing or corroded. Some windows of one of the units were obstructed and the AS did not examine the components of all windows. Moreover, he had carried out repairs to windows of both units but certified that the windows were safe and no prescribed repair was required.
The RMWC was later prosecuted and convicted and fined $18,000 in total at the West Kowloon Magistrates’ Courts on March 3, 2021, pursuant to sections 40(2A)(c) and 40(2B)(b) of the BO for knowingly misrepresenting a material fact in the certificate submitted to the BD; and carrying out a prescribed inspection in such a manner as was likely to cause a risk of injury to any person or damage to any property.
In view of the convictions, the BD notified the Board for its consideration of disciplinary action against the two RMWCs under the provisions of section 13(1) of the BO.
In the first case, the Board ordered the RMWC to be prohibited from certifying any prescribed inspection, or certifying or supervising any prescribed repair of windows, for six months with effect from the date of the Gazette, and to pay a total of about $49,000, being the costs of the Board and the BD for conducting the inquiry.
In the second case, the Board ordered the RMWC and its AS to be prohibited from certifying any prescribed inspection, or certifying or supervising any prescribed repair of windows, for 14 months with effect from the date of the Gazette, and to pay a total of about $40,000, being the costs of the Board and the BD for conducting the inquiry.
A spokesperson for the BD reiterated that in order to ensure building safety, the BD attaches great importance to the quality of the prescribed inspection and repair of windows by a QP under the MWIS. Any QP who contravenes the relevant provisions of the BO in carrying out the prescribed inspection and repair of windows under the MWIS is not only liable to criminal prosecution but also disciplinary action under the BO.
The BD will continue to conduct audit inspections to ensure the quality of prescribed inspections and repairs under the MWIS, he added.
Qualified person prohibited by disciplinary board from certifying prescribed inspection and repair of windows for nine months
******************************************************************************************
Qualified person prohibited by disciplinary board from certifying prescribed inspection and repair of windows for nine months
****************************************************************************************** The Board’s written decision and order issued on October 29 was published in the Gazette today (November 12). Details are available at the following link: www.gld.gov.hk/egazette/pdf/20212545/egn202125457059.pdf. The Board ordered the RMWC to be prohibited from certifying any prescribed inspection, or certifying or supervising any prescribed repair, in respect of windows in buildings for nine months, with effect from the date of the Board’s written decision. The RMWC shall pay totalling about $53,000, being the costs of the Board and the Buildings Department (BD) for conducting the inquiry. The RMWC submitted a certificate to the BD in November 2016, certifying that the prescribed inspection had been carried out to the windows of two commercial units in Mong Kok and that those windows were safe and no prescribed repair was required. Subsequently, the BD conducted an audit inspection at one of the units. It was revealed that the windows at that unit were enclosed by decorations or timber panels. As the RMWC’s certification that the windows did not require the prescribed repair was only based on the result of inspection from the exterior, no prescribed inspection was actually carried out to the components of the windows. In view of the audit findings, the BD notified the Board for consideration of disciplinary action against the RMWC under the provision of section 13(1) of the BO. A spokesperson for the BD reiterated that in order to ensure building safety, the BD attaches great importance to the quality of the prescribed inspection and repair of windows by a QP. Any QP who contravenes the relevant provisions of the BO in carrying out the prescribed inspection and repair of windows under the MWIS is subject to enforcement action under the BO. The BD will continue to conduct audit inspections to ensure the quality of prescribed inspection and repair under the MWIS, he added.
Hong Kong – Qualified person prohibited by disciplinary board from certifying prescribed inspection and repair of windows for nine months
The Registered Contractors’ Disciplinary Board has completed a disciplinary inquiry under the Buildings Ordinance (BO) and decided that a Registered Minor Works Contractor (RMWC) appointed as a qualified person (QP) under the Mandatory Window Inspection Scheme (MWIS) and its Authorized Signatory (AS) should be disciplined for having been convicted by the court of offences relating to prescribed inspection and repair of windows and failing to discharge the duties or abide by the requirements imposed on a QP under the BO.
The Board’s written decision and order issued on July 29 was published in the Gazette today (August 12). Details are available at the following link: www.gld.gov.hk/egazette/pdf/20222632/egn202226324283.pdf.
The Board ordered the RMWC and its AS to be prohibited from certifying any prescribed inspection, or certifying or supervising any prescribed repair of windows, for nine months with effect from the date of the Gazette and to pay about $70,000, being the costs of the Board and the Buildings Department (BD) for conducting the inquiry.
The RMWC submitted a certificate to the BD in June 2016, certifying that the prescribed inspection and the prescribed repair had been carried out to the windows of a residential unit in Tsuen Wan. Subsequently, the BD carried out an investigation in response to a report and found that some of rivets of the windows were corroded or missing, the locking device of a window was missing and a glass pane was cracked.
The RMWC and its AS were later prosecuted and were convicted and fined $40,000 in total at the West Kowloon Magistrates’ Courts on October 25, 2017, pursuant to sections 40(2A)(c), 40(2AF), 40(2B)(b) and 40(6) of the BO for knowingly misrepresenting a material fact; failure to ensure the windows were safe; and carrying out the prescribed repair in such a manner as was likely to cause a risk of injury to any person or damage to any property.
In view of the convictions, the BD notified the disciplinary board for its consideration of disciplinary action against the RMWC and its AS under the provisions of sections 13(1) and 13(3) of the BO.
A spokesperson for the BD reiterated today that in order to ensure building safety, the BD attaches great importance to the quality of the prescribed inspection and repair of windows by a QP under the MWIS. Any QP who contravenes the relevant provisions of the BO in carrying out the prescribed inspection and repair of windows under the MWIS is not only liable to criminal prosecution but also disciplinary action under the Ordinance.
Hong Kong – Qualified person prohibited by disciplinary board from certifying prescribed inspection and repair of windows for nine months
The Registered Contractors’ Disciplinary Board has completed a disciplinary inquiry under the Buildings Ordinance (BO) and decided that a registered minor works contractor (RMWC) appointed as a qualified person (QP) under the Mandatory Window Inspection Scheme (MWIS) should be disciplined for failing to discharge the duties or abide by the requirements imposed on a QP under the BO.Ads
