Preliminary
1.Short title
This Ordinance may be cited as the Engineers Registration Ordinance.
2.Interpretation
(1)In this Ordinance, unless the context otherwise requires— (Amended 10 of 2005 s. 86)
Board (管理局) means the registration board established under section 3;
Chairman (主席) means the Chairman of the Board elected under section 5;
Council (理事會) means the Council of the Institution;
discipline (界別) means a branch of the engineering profession established by the Institution or designated by the Board under section 7(b);
disciplinary offence (違紀行為) means an act or omission set out in section 20(1);
inquiry committee (研訊委員會) means an inquiry committee established under section 21;
Institution (學會) means The Hong Kong Institution of Engineers established under The Hong Kong Institution of Engineers Ordinance (Cap. 1105); (Amended E.R. 5 of 2020)
member of the Institution (學會會員) means a person who is a corporate member under the constitution of the Institution;
register (註冊紀錄冊) means the register established under section 7;
registered professional engineer (註冊專業工程師) means a person whose name is currently entered in the register;
Registrar (註冊主任) means the Registrar appointed under section 10;
registration committee (註冊事務委員會) means a registration committee established under section 16;
review committee (覆核委員會) means a review committee appointed under section 25(2).
(2)For the purposes of sections 26(2) and 27(1), an appeal to the Court of Appeal shall be deemed to be finally determined when the earliest of the following events occurs, whichever is applicable in the circumstances—
(a)when the appeal to the Court of Appeal is withdrawn or abandoned;
(b)when the specified period expires without an application for leave to appeal having been made to the Court of Appeal;
(c)if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Appeal—
(i)when the application is withdrawn or abandoned;
(ii)if the application is refused, when the specified period expires without an application for leave to appeal having been made to the Court of Final Appeal; or
(iii)if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of; or
(d)if, before the expiry of the specified period, an application for leave to appeal is made to the Court of Final Appeal—
(i)when the application is withdrawn, abandoned or refused; or
(ii)if the application is granted, when the appeal to the Court of Final Appeal is withdrawn, abandoned or disposed of. (Added 10 of 2005 s. 86)
(3)In subsection (2)—
application for leave to appeal (上訴許可申請) means an application made to the Court of Appeal or the Court of Final Appeal under section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) for leave to appeal to the Court of Final Appeal from a judgment of the Court of Appeal;
specified period (指明限期)—
(a)in the case of an application for leave to appeal made to the Court of Appeal, means—
(i)subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(2) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) is required to be filed; or
(ii)if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Appeal extends that period, the period as so extended; or
(b)in the case of an application for leave to appeal made to the Court of Final Appeal, means—
(i)subject to subparagraph (ii), the period of 28 days within which the notice of motion referred to in section 24(4) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) is required to be filed; or
(ii)if, on an application made within the 28-day period referred to in subparagraph (i), the Court of Final Appeal extends that period, the period as so extended. (Added 10 of 2005 s. 86)