分類：Engineers Registration Ordinance

Engineers Registration Ordinance

Removal of name from the register – Register and Certificates

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Removal of name from the register
(1)The Registrar may remove the name of a registered professional engineer from the register if he has notice that the registered professional engineer has—
(a)died;
(b)applied to discontinue his registration;
(c)in the opinion of the Board, ceased to be ordinarily resident in Hong Kong;
(d)failed to renew his registration;
(e)ceased to hold a qualification by virtue of which he was registered; or
(f)failed to notify a change of details required under section 11(3).
(2)For the purposes of subsection (1)(c), if a registered professional engineer has failed to reside in Hong Kong for a period of 2 years or more, the Board shall not consider him to be ordinarily resident in Hong Kong.
(3)Subject to section 26(2), the Registrar shall remove a name from the register if he receives an order of the Court of Final Appeal, the Court of Appeal or an inquiry committee directing that the name be removed from the register. (Amended 10 of 2005 s. 87)
(4)Where the Registrar intends to remove the name of a registered professional engineer from the register under subsection (1)(c), (d), (e) or (f), he shall send notice of his intention by prepaid registered post to the registered address of the registered professional engineer and shall not remove his name until the expiry of a period of 28 days after the date of posting the notice.
(5)If the Registrar gives notice to a registered professional engineer that—
(a)the Board is of the opinion that he is not ordinarily resident in Hong Kong and, before the Registrar acts to remove his name from the register, the registered professional engineer satisfies the Board that he is ordinarily resident in Hong Kong;
(b)he has not applied to renew his registration and, before the Registrar acts to remove his name from the register, the registered professional engineer properly applies to renew his registration;
(c)he has ceased to hold a qualification by virtue of which he was registered and, before the Registrar acts to remove his name from the register, the registered professional engineer satisfies the Board that he holds the qualification; or
(d)he has failed to notify a change in particulars required under section 11(3) and, before the Registrar acts to remove his name from the register, the registered professional engineer takes such action as will remedy the defect in the register,
the Registrar shall not remove the name from the register for the reason set out in the notice referred to in subsection (4).
(6)If the name of a registered professional engineer is removed from the register, his registration is cancelled and he shall return any certificate issued in respect of his registration to the Registrar.
(7)The Board shall not be liable to refund to a person any fee, or any part of any fee, on the removal of his name from the register.
(8)The Registrar may correct any error apparent on the face of the register.

Registration committee – Register and Certificates

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Registration committee
(1)The Board may appoint a committee of not less than 10 members from the members of the Institution to examine the engineering qualifications of an applicant for registration in a discipline, at least 1 member of the committee having qualifications in the discipline for which the applicant has applied for registration and at least 1 other member having qualifications, in the opinion of the Board, in a similar discipline to that for which the applicant has applied for registration.
(2)The Chief Executive may nominate a person to be a member of the registration committee, and, if a person is so nominated, the Board shall appoint him to the committee. (Amended 57 of 1999 s. 3)
(3)The registration committee shall make recommendations to the Board on the acceptability of the qualifications which require the Board’s acceptance under section 12(1)(a)(ii) or (iii).
(4)The Board shall not be bound by a recommendation of the registration committee under subsection (3).
(5)The Board may delegate any of its functions relating to registration and the renewal of registration to the registration committee.

Expiry of registration and renewal – Register and Certificates

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Expiry of registration and renewal
(1)The entry in the register of a person as a registered professional engineer under this Ordinance—
(a)shall remain in force for 12 months from the date when he was registered;
(b)may be renewed annually by application of the person so registered.
(2)A registered professional engineer shall apply for renewal of registration to the Registrar in the form specified by the Board not earlier than 3 months and not later than 28 days prior to the expiry of the current registration.
(3)A registered professional engineer shall pay to the Board the fee for an application for renewal of registration at the time of applying for renewal of registration.
(4)If a registered professional engineer does not apply for renewal of registration before the expiry of his current registration—
(a)the Registrar shall, on the expiry of the current registration, note in the register that registration has not been renewed; and
(b)the person shall be deemed not to be currently on the register from the date of expiry of his registration.
(5)The Board may reject an application for renewal if it is satisfied that the applicant does not continue to comply with the requirements for registration set out in section 12.
(6)Where a registered professional engineer fails to renew his registration within time, the Board may extend the time for renewal of registration if the registered professional engineer pays to the Board the fee for the extension of time.
(7)Any grant of extension of time by the Board shall not affect any offence under any other Ordinance that the person who has failed to renew on time may commit as a result of that failure.
(8)If the registration of a registered professional engineer has expired, the Board may require him to reapply for registration instead of renewing his registration.

Acceptance or refusal of registration – Register and Certificates

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Acceptance or refusal of registration
(1)The Board may accept or reject an application for registration or renewal of registration under this Ordinance.
(2)Where the Board accepts or rejects an application for registration or renewal of registration, the Registrar shall act in accordance with rules made by the Board.
(3)Where the Board rejects an application for the registration or renewal of registration, it shall give reasons for the rejection.

Application for registration – Register and Certificates

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Application for registration
(1)A person shall apply for registration as a registered professional engineer in such form and manner as the Board may specify.
(2)An applicant shall pay to the Board at the time of lodging his application the fee for an application for registration.
(3)The Board may, in its discretion, require an applicant to undertake a written examination under section 12(1)(a)(iii) of his knowledge of engineering within the relevant discipline and professional matters.

Qualifications for registration – Register and Certificates

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Qualifications for registration
(1)The Board shall not register a person as a registered professional engineer unless—
(a)he—
(i)is a member of the Institution within a discipline; or
(ii)is a member of an engineering body, the membership of which is accepted by the Board as being of a standard not less than that of a member of the Institution within a discipline; or (Amended E.R. 5 of 2020)
(iii)has passed such examination in engineering and other subjects and has received such training experience as the Board may accept, either generally or in a particular case, as a qualification of a standard not less than that of a member of the Institution within a discipline; and
(b)he satisfies the Board that he has had 1 year’s relevant professional experience in Hong Kong before the date of his application for registration; and
(c)he is ordinarily resident in Hong Kong; and
(d)he is not the subject of an inquiry committee or a disciplinary order under Part IV which precludes him from being registered under this Ordinance; and
(e)he satisfies the Board by declaration in writing that he is competent to practise in the relevant discipline; and
(f)he is a fit and proper person to be registered.
(2)Without limiting the effect of subsection (1)(f), the Board may refuse to register a person as a registered professional engineer who—
(a)has been convicted in Hong Kong or elsewhere of any offence which may bring the profession into disrepute and sentenced to imprisonment, whether suspended or not; or
(b)has committed misconduct or neglect in a professional respect.
(3)Where the Board is satisfied by an applicant that he is competent to practise engineering in a discipline and the Board is later satisfied that the person is not competent to practise engineering in that discipline, the Board may refer the matter to an inquiry committee who shall deal with it as if it was a complaint under section 21(1).

Form of register – Register and Certificates

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Form of register
(1)The Registrar shall, in accordance with the directions of the Board, keep the register in which he shall enter in respect of every registered professional engineer—
(a)the discipline under which the person is registered;
(b)the name and address of the registered professional engineer;
(c)the qualification on which his registration is based; and
(d)any other details that the Board may direct.
(2)The register shall be available to any person for inspection free of charge at the office of the Institution at such reasonable times as the Board may direct.
(3)A person whose name is entered in the register shall within 28 days notify the Registrar of any change in the particulars prescribed by subsection (1).
(4)The Board shall not charge a fee to amend the register.

Appointment and duties of Registrar – Register and Certificates

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Appointment and duties of Registrar
(1)The Board shall appoint a person to be Registrar upon such terms and conditions as it thinks fit.
(2)The Registrar shall—
(a)be responsible for the custody of the register; and
(b)serve as secretary to the Board, and, subject to any rules made by the Board, the registration committee and any inquiry committee.