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.

Powers of the Board – Engineers Registration Board

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Powers of the Board
The Board may—
(a)set fees payable to it under this Ordinance;
(b)establish committees to advise the Board on the carrying out of the powers and duties of the Board;
(c)employ persons to assist with the carrying out of its functions under this Ordinance;
(ca)from time to time engage such professional advisers as it may consider necessary or expedient; (Added 33 of 1997 s. 10)
(d)make rules for the conduct and discipline of registered professional engineers;
(e)make rules for the reimbursement of reasonable expenses incurred by persons attending to the business of the Board;
(f)make further rules required under this Ordinance.

Functions of the Board – Engineers Registration Board

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Functions of the Board
The Board shall—
(a)establish and maintain a register of registered professional engineers;
(b)designate disciplines within the engineering profession under which a person may be registered as a registered professional engineer;
(c)set and review the qualification standards for registration as a registered professional engineer and related registration matters;
(d)advise the Government and the Institution on registration matters;
(e)examine and verify the qualifications of persons who apply for registration as registered professional engineers;
(f)receive, examine, accept or reject applications for registration and renewal of registration as a registered professional engineer;
(g)deal with disciplinary offences in accordance with this Ordinance;
(h)keep proper records of its proceedings and accounts; and
(i)carry out such other functions as this Ordinance may prescribe.

Proceedings – Engineers Registration Board

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Proceedings
(1)The Chairman, or in his absence, the Vice-chairman, may appoint the time and place for the Board to meet.
(2)The Registrar shall, or a member of the Board may, on the written requisition of not less than 3 members give notice of a meeting of the Board to be held not sooner than 7 days but within 28 days from receipt of the requisition and appoint the time and place for that purpose.
(3)The Board shall meet at least once every 6 months and as often as may be necessary to transact the business of the Board.
(4)The Board shall not transact business at a meeting other than to adjourn unless there is a quorum of one third of the members of the Board present.
(5)The Board may make rules, not inconsistent with this section, setting out the procedures to be followed at meetings.
(6)The Board shall lodge a copy of any rules made under subsection (5) with the Secretary for Development. (Amended 33 of 1997 s. 9; L.N. 106 of 2002; L.N. 130 of 2007)

Chairman – Engineers Registration Board

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Chairman
(1)The Board shall elect a Chairman and a Vice-chairman each year from among the members and not more than 15 months shall elapse between the date of one election and the next.
(2)A member elected as Chairman or Vice-chairman under subsection (1) may at any time, by notice in writing to the Board, resign from the office of Chairman or Vice-chairman.

Tenure of office – Engineers Registration Board

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Tenure of office
(1)Members appointed by the Council—
(a)shall be appointed for 4 years or such lesser period as may be specified in the terms of his appointment;
(b)may resign by giving notice in writing to the Board; and
(c)subject to subsection (2) may be reappointed.
(2)A member—
(a)who has been a member of the Board appointed by the Council continuously for 8 years; or
(b)whose period of service as a member of the Board appointed by the Council exceeds 8 years in any 10-year period, (Amended E.R. 5 of 2020)
may not be reappointed (unless he becomes the President of the Institution) until a period of 2 years since he last served has elapsed when he shall be eligible for reappointment as if he had not previously been appointed.
(3)The member appointed by the Chief Executive shall hold office at the discretion of the Chief Executive. (Amended 57 of 1999 s. 3)
(4)If the Board is satisfied that a member of the Board appointed by the Council—
(a)has become bankrupt or has entered into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap. 6); (Amended 76 of 1996 s. 89)
(b)has become so incapacitated by physical or mental illness as to be unable to carry out his duties as a member;
(c)has ceased to be ordinarily resident in Hong Kong;
(d)has been sentenced to imprisonment, whether suspended or not, by any court or magistrate;
(e)has been found guilty of a disciplinary offence; or
(f)notwithstanding any of the other grounds for removal, is, in the opinion of the Board, unable or unfit to carry out his functions as a member of the Board,
the Board may by notice in writing terminate his appointment.
(5)Where any member of the Board appointed by the Council is precluded by temporary absence or incapacity from carrying out his functions as a member for any period or resigns, the Council may appoint another person to hold office in place of such member—
(a)in the case of a temporary absence or incapacity, during the period of temporary absence or incapacity; or
(b)in the case of a resignation, for the balance of the period for which the resigning member was due to serve.