Cap. 56

To control the use and operation of boilers and pressure vessels, to provide for the holding of inquiries into accidents in or to boilers and pressure vessels and to provide for matters connected with the purposes aforesaid. (Amended 67 of 1978 s. 2; 87 of 1988 s. 34) [1 March 1963] L.N. 18 of 1963(Format changes—E.R. 1 of 2022) 1. Short title and commencement (1) This Ordinance may be cited as the Boilers and Pressure Vessels Ordinance. (Amended 87 of 1988 s. 2)(2) Sections 19, 20, 21, 31, 49(3) and 50(3) shall not come into operation until the day appointed for their commencement by the Chief Executive by Proclamation in the Gazette. (Amended 54 of 2000 s. 3) Part I Interpretation and Application 2. Interpretation (1) In this Ordinance, unless the context otherwise requires—accident (意外) means an explosion of a boiler or pressure vessel and also means any damage or other occurrence to or in a boiler or pressure vessel or any part of a boiler or pressure vessel that weakens the boiler or pressure vessel and renders it liable to explode or collapse or is calculated to weaken it and render it liable to explode or collapse; (Amended 87 of 1988 s. 33) air receiver (空氣容器) means— (a) any vessel (other than a pipe or coil, or an accessory fitting or part of a compressor) for containing compressed air and which is connected with an air compressing plant; (b) any fixed vessel for containing compressed air or compressed exhaust gases that is used for the purpose of starting an internal combustion engine; (c) any fixed or portable vessel (not being part of a spraying pistol) used for the purpose of spraying, by means of compressed air, any paint, varnish, lacquer or similar material; and (d) any pressurized fuel container; (Amended 87 of 1988 s. 31) air receiver inspector (空氣容器檢驗師) means a person who has been appointed under section 5(1) to be an air receiver inspector and whose appointment to be an air receiver inspector has not been suspended; (Amended 87 of 1988 s. 3) appointed examiner (委任檢驗師) means— (a) in the case of a boiler or pressure vessel, other than an air receiver, and its auxiliary equipment, a boiler inspector; (b) in the case of an air receiver, other than a pressurized fuel container, and its auxiliary equipment, a boiler inspector or an air receiver inspector; (c) in the case of a pressurized fuel container, a boiler inspector, an air receiver inspector or a pressurized fuel container inspector; (Amended 87 of 1988 ss. 31 & 33) Authority (監督) means the public officer appointed under section 4(1) to be the Boilers and Pressure Vessels Authority; (Added 87 of 1988 s. 3)authorized officer (獲授權人員) means a public officer authorized under section 4(3); (Added 87 of 1988 s. 3)auxiliary equipment (輔助設備) means every pipe, fitting and attachment connected to or with a boiler or pressure vessel, as the case may be, and, in the case of a boiler, also means any fuel burning installation connected therewith; (Amended 87 of 1988 s. 33)Board of Inquiry (研訊委員會) means a Board of Inquiry appointed under section 8;boiler (鍋爐) means any closed vessel in which for any purpose steam is generated under pressure greater than atmospheric pressure and also means any economizer used to heat water being fed into any such vessel, any superheater used for heating steam and any fitting directly attached to such vessel that is wholly or partly under pressure when steam is shut off, and any vessel in which oil is heated at a pressure greater than atmospheric pressure; (Amended 87 of 1988 s. 3)boiler inspector (鍋爐檢驗師) means a person who has been appointed under section 5(1) to be a boiler inspector and whose appointment to be a boiler inspector has not been suspended; (Amended 87 of 1988 s. 3)certificate of competency (合格證書) means a certificate of competency issued under section 6;certificate of fitness (效能良好證明書) means a certificate of fitness issued under section 33;certificate of inspection during construction (建造期檢驗證明書) means a certificate issued in respect of a boiler or pressure vessel certifying that the boiler or pressure vessel and, if such be the case, its auxiliary equipment was inspected during its construction and complies with the provisions of a recognized engineering standard, or code, specified in the certificate; (Replaced 87 of 1988 s. 3)competent person (合格人員) means a person whose name is for the time being entered in the register of competent persons kept pursuant to section 7(1)(e);existing (現有), when used in relation to a pressurized fuel container, means a pressurized fuel container that is in use in Hong Kong at the commencement of the day appointed by the Chief Executive under section 1(2); (Amended 87 of 1988 ss. 31 & 38; 54 of 2000 s. 3)fuel burning installation (燃料燃燒裝置) means any oil, or other liquid, or gas fuel burning installation by means of which heat is applied to a boiler for the purpose of generating steam or heating oil therein; (Amended 87 of 1988 s. 3)legal officer (律政人員) has the meaning that it has for the purposes of the Legal Officers Ordinance (Cap. 87);maker’s certificate (製造商證明書) means a certificate issued by the manufacturer of a boiler, pressure vessel or steam container certifying that he has constructed the boiler, pressure vessel or steam container, as the case may be, and that the particulars stated in the certificate relate to such boiler, pressure vessel or steam container; (Amended 87 of 1988 s. 33)new (新), when used in relation to a boiler, a pressure vessel, other than a pressurized fuel container, a steam container or a fuel burning installation, means a boiler, pressure vessel, steam container or fuel burning installation that is first put into use in Hong Kong after the commencement* of this Ordinance or that is put into use, or intended to be put into use, in circumstances where this Ordinance, after having been inapplicable thereto by virtue of section 3, first applies thereto in accordance with subsection (3) of that section; (Amended 67 of 1978 s. 3; 87 of 1988 ss. 31, 33 & 38)new (新), when used in relation to a pressurized fuel container, means a pressurized fuel container that is first put into use in Hong Kong after the commencement of the day appointed by the Chief Executive under section 1(2) or that is put into use, or intended to be put into use, in circumstances where this Ordinance, after having been inapplicable thereto by virtue of section 3, first applies thereto in accordance with subsection (3) of that section; (Amended 67 of 1978 s. 3; 87 of 1988 ss. 31 & 38; 54 of 2000 s. 3)owner (擁有人), in relation to a boiler or pressure vessel, includes any person who is in possession of the boiler or pressure vessel under an agreement of hire purchase or under a contract between a supplier of boilers or pressure vessels, or the agent of any such supplier, and such person for the sale of the boiler or pressure vessel, notwithstanding that the property in the boiler or pressure vessel has not passed to such person, and, where the owner of a boiler or pressure vessel cannot be found or ascertained or is absent from Hong Kong or is under disability, also includes the agent of the owner; (Amended 87 of 1988 ss. 33, 34 & 38)portable gas generator (輕便型氣體生產機) means a vessel, not being part of a fixed installation, within which acetylene gas is generated by the admixture of calcium carbide and water;pressure vessel (壓力容器) means a steam receiver, an air receiver and a portable gas generator; (Added 87 of 1988 s. 3)pressurized fuel container (壓力燃料容器) means a vessel intended or adapted for the expulsion by compressed air of liquid fuel or fuel vapour stored in the vessel; (Added 87 of 1988 s. 3)pressurized fuel container inspector (壓力燃料容器檢驗師) means a person who has been appointed under section 5(1) to be a pressurized fuel container inspector and whose appointment has not been suspended; (Added 87 of 1988 s. 3)recognized (認可) means recognized by the Authority; (Amended 87 of 1988 s. 36)registered (已登記), when used in relation to a boiler, a pressure vessel, other than a pressurized fuel container, or a steam container, means a boiler, pressure vessel or steam container that is entered in the register of boilers, pressure vessels, other than pressurized fuel containers, and steam containers kept pursuant to section 7(1)(a); (Amended 93 of 1970 s. 2; 87 of 1988 ss. 31-34)registered (已證記), when used in relation to a pressurized fuel container, means a pressurized fuel container that is entered in the register of pressurized fuel containers kept pursuant to section 7(1)(b); (Amended 87 of 1988 ss. 31 & 32)repairs (修理) includes renewals, alterations or additions;steam container (蒸汽甑) means any vessel or apparatus (other than a steam pipe or coil) constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure, and through which steam is passed at atmospheric pressure or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or other similar purpose;steam receiver (蒸汽容器) means any vessel or apparatus (other than a boiler, a steam container, a steam pipe or coil, or a part of a prime mover) used for containing steam under pressure greater than atmospheric pressure;uncertified (未經核證), when used in relation to a boiler or pressure vessel, means a boiler or pressure vessel in respect of which the owner has delivered to the Authority neither the documents specified in section 13(a) nor the documents specified in section 13(b). (Added 87 of 1988 s. 3)(Amended 87 of 1988 s. 3)(2) For the purposes of this Ordinance, the expression extensive repairs (大修) means any repairs that affect or may affect the structure of the boiler or pressure vessel, as the case may be, in respect of which they have been carried out, but, save where the same are occasioned by an explosion in the boiler or pressure vessel, does not include repairs that consist of the renewal of a part of a boiler or pressure vessel where— (a) the part or fitting used in the renewal is a part or fitting that—(i) was manufactured by the person who manufactured the boiler or pressure vessel; or(ii) if not having been so manufactured, is, to the satisfaction of an appointed examiner, not less in strength and efficiency than the part which it replaces; and (b) if the fixing of the part or fitting affects or may affect the structure of the boiler or pressure vessel, the same is fixed to the satisfaction of an appointed examiner. (Amended 87 of 1988 s. 33) Editorial Note: * Commencement date: 1 March 1963. 3. Application (1) This Ordinance applies to every boiler, pressure vessel and steam container other than—(a) a boiler, a pressure vessel or a steam container belonging to the State; (Amended 54 of 2000 s. 3)(b) a boiler, a pressure vessel or a steam container that is used solely for domestic purposes;(c) a boiler, pressure vessel or steam container that is part of the fixed equipment of a vessel or other floating craft, whether or not the vessel or craft is used or intended for use in navigation; (Replaced 67 of 1978 s. 4)(ca) an air receiver that is used solely for, or that is part of the equipment used solely for, either or both of the following purposes—(i) supplying locomotive power to a vehicle intended or adapted for use on a road, railway or tramway;(ii) operating the ancillary equipment of such a vehicle which is used for the carriage of passengers or goods; and (Added 67 of 1978 s. 4. Amended 87 of 1988 s. 4)(d) a pressurized fuel container having a maximum storage capacity that does not exceed 4.5 litres of liquid fuel or of fuel vapour. (Replaced 67 of 1978 s. 4. Amended 87 of 1988 ss. 4 & 31)(e) (Repealed 87 of 1988 s. 4)(2) Parts II, III, IV, V and VI and sections 49, 50, 51, 61 and 62 do not apply to portable gas generators.(3) Where a boiler or pressure vessel is, or is intended to be, put into use in such circumstances that this Ordinance becomes applicable thereto for the first time after having been inapplicable thereto by operation of subsection (1), the provisions of this Ordinance relating to new boilers or pressure vessels shall apply to that boiler or pressure vessel. (Added 67 of 1978 s. 4. Amended 87 of 1988 s. 34)(Amended 87 of 1988 s. 33) Part II Appointment of Authority, etc., Keeping of Registers, Certificates of Competency, Boards of Inquiry and Exemptions (Amended 87 of 1988 s. 5) 4. Authority and authorized officers (1) For the purpose of carrying out the provisions of this Ordinance, the Chief Executive may appoint a public officer to be the Boilers and Pressure Vessels Authority. (Amended 54 of 2000 s. 3)(2) An appointment under subsection (1) shall be notified in the Gazette.(3) The Authority may authorize in writing any public officer to perform or exercise all or any of the functions, duties or powers which are imposed or conferred on the Authority or an authorized officer by this or any other Ordinance, with the exception of section 65 of this Ordinance. (Amended 78 of 1993 s. 2)(Replaced 87 of 1988 s. 6) 5. Appointment, etc. of boiler inspectors, air receiver inspectors and pressurized fuel container inspectors (1) The Authority may appoint such number of persons as the Authority considers necessary, having such qualifications as the Authority considers sufficient, to be boiler inspectors, air receiver inspectors, or pressurized fuel container inspectors.(2) An appointment under subsection (1) shall be notified in the Gazette.(Replaced 87 of 1988 s. 6) 5A. Revocation and suspension of appointment (1) The Authority may by notice in writing to a person appointed under section 5(1) revoke or suspend for any length of time his appointment if—(a) that person so requests; or(b) it appears to the Authority that the person has ceased to practise as a boiler inspector, air receiver inspector, or pressurized fuel container inspector, as the case may be; or(c) the Authority does not consider the person to be competent, fit and proper to remain appointed.(2) Every notice referred to in subsection (1) shall—(a) include an adequate statement of the reasons for revoking or suspending the appointment; and(b) set out subsections (3) and (4). (Amended 6 of 1994 s. 34)(3) A person whose appointment is revoked or suspended otherwise than at his own request may, by notice in writing which states the grounds of appeal and is delivered to the Authority within 28 days of his being notified by the Authority of the decision, appeal to the Administrative Appeals Board. (Amended 6 of 1994 s. 34)(4) A revocation or suspension of an appointment under subsection (1) shall have immediate effect, notwithstanding any appeal against the decision under subsection (3).(5)-(6) (Repealed 6 of 1994 s. 34)(7) A revocation or suspension of an appointment under subsection (1) and a reversal of a decision of the Authority by the Administrative Appeals Board shall be notified in the Gazette. (Amended 6 of 1994 s. 34)(Added 87 of 1988 s. 6) 6. Certificates of competency (1) The Authority may, upon application in writing, issue a certificate of competency to a person if that person—(a) has produced evidence that satisfies the Authority that he has adequate experience, skill and knowledge in the operation of all classes and types of boiler and steam receiver or of boilers or steam receivers, or both, of the class or type to be specified in the certificate, as the case may be; or(b) has, by passing an examination conducted by the Authority, satisfied the Authority that he has adequate experience, skill and knowledge in the operation of all classes and types of boiler and steam receiver or of boilers or steam receivers, or both, of the class or type to be specified in the certificate, as the case may be. (Replaced 15 of 2002 s. 2)(2) Every certificate of competency shall be in the prescribed form and shall, as the case may be, certify that the person to whom it is issued is—(a) competent to operate all classes and types of boiler and steam receiver and their auxiliary equipment; or(b) competent to operate boilers or steam receivers, or both, and their auxiliary equipment, of the class or type specified therein.(3) The Authority may, upon application in writing by a person who has been issued with a certificate of competency referred to in subsection (2)(b), endorse the existing certificate of the person or issue a new certificate of competency to certify that the person is competent to operate all classes and types of boiler and steam receiver or is competent to operate boilers or steam receivers, or both, of a class or type (additional class or type) in addition to the class or type specified in the existing certificate, as the case may be. (Replaced 15 of 2002 s. 2)(3A) The Authority may endorse an existing certificate of competency of, or issue a new certificate of competency to, a person under subsection (3) only if that person—(a) has produced evidence that satisfies the Authority that he has adequate experience, skill and knowledge in the operation of all classes and types of boiler and steam receiver or of boilers or steam receivers, or both, of the additional class or type, as the case may be; or(b) has, by passing an examination conducted by the Authority, satisfied the Authority that he has adequate experience, skill and knowledge in the operation of all classes and types of boiler and steam receiver or of boilers or steam receivers, or both, of the additional class or type, as the case may be. (Added 15 of 2002 s. 2)(4) The Authority may—(a) revoke a certificate of competency if it ceases to be satisfied that the holder of the certificate has adequate skill or knowledge in the operation of all classes and types of boiler and steam receiver specified in the certificate; or(b) amend a certificate of competency by deleting a class or type of boiler or steam receiver specified in the certificate if it ceases to be satisfied that the holder of the certificate has adequate skill or knowledge in the operation of that class or type of boiler or steam receiver, as the case may be. (Replaced 15 of 2002 s. 2)(5) A person who makes an application under subsection (1) or (3) shall pay the prescribed application fee. (Added 15 of 2002 s. 2)(6) The Authority shall cause examinations to be conducted and shall appoint assessors for the purposes of subsections (1)(b) and (3A)(b). (Added 15 of 2002 s. 2)(7) A person who has taken an examination referred to in subsection (1)(b) or (3A)(b) may, within 28 days of being notified of his examination result, request in writing the Authority to review the result. (Added 15 of 2002 s. 2)(8) Upon receipt of a request under subsection (7), the Authority shall review the examination result to which the request relates as soon as practicable and shall notify in writing the person of its decision within 28 days after the completion of the review. (Added 15 of 2002 s. 2)(9) The Authority shall consider any written representation submitted by the person concerned before it makes a decision under subsection (8). (Added 15 of 2002 s. 2)(10) A person aggrieved by a decision of the Authority made in respect of him under subsection (1)(a), (3A)(a) or (4)(a) or (b) may, within 28 days of being notified of the decision by the Authority, appeal to the Administrative Appeals Board. (Added 15 of 2002 s. 2)(11) A revocation or amendment of a certificate of competency by the Authority under subsection (4)(a) or (b), as the case may be, shall have immediate effect, notwithstanding any appeal lodged by the holder of the certificate against the decision under subsection (10). (Added 15 of 2002 s. 2)(Amended 87 of 1988 s. 35) Editorial Note: For savings and transitional provisions relating to the amendments made by the Boilers and Pressure Vessels (Amendment) Ordinance 2002 (15 of 2002), see section 6 of that Ordinance. 7. Authority to keep certain registers, and particulars to be entered in register of boilers and pressure vessels (1) The Authority shall keep the following registers—(a) a register of boilers, pressure vessels, other than pressurized fuel containers, and steam containers; (Replaced 93 of 1970 s. 3)(b) a register of pressurized fuel containers;(c) a register of boiler inspectors and air receiver inspectors, in which shall be entered the name of every person who is appointed under section 5 to be a boiler inspector or an air receiver inspector; (Amended 87 of 1988 s. 7)(d) a register of pressurized fuel container inspectors, in which shall be entered the name of every person who is appointed under section 5 to be a pressurized fuel container inspector and his registration number which shall be allotted by the Authority; and(e) a register of competent persons, in which shall be entered the name of every person to whom a certificate of competency is issued under section 6, together with a statement as to the class or type of boiler or steam receiver that that person is for the time being competent to operate.(2) (a) The following particulars shall be recorded by the Authority in the register of boilers and pressure vessels in respect of each registered boiler or pressure vessel—(i) the name and address of the owner for the time being of the boiler or pressure vessel;(ii) except in the case of a boiler or pressure vessel that is designed so as to be transportable from one place to another, the address at which the boiler or pressure vessel is installed;(iii) the class or type of the boiler or pressure vessel; (iv) the registration number of the boiler or pressure vessel;(v) the maximum permissible working pressure of the boiler or pressure vessel notified to him in accordance with section 47(2);(vi) the maximum permissible working pressure of the boiler or pressure vessel specified in the current certificate of fitness issued in respect of the boiler or pressure vessel if the pressure therein specified differs from the maximum permissible working pressure notified to him in accordance with section 47(2) or entered in the register pursuant to paragraph (b);(vii) the date on which each certificate of fitness issued in respect of the boiler or pressure vessel was issued; and(viii) the making by the Authority of an order under section 32 in respect of the boiler or pressure vessel and the date (if any) on which the same ceased to be in force.(b) Where, upon an appeal under section 48, the maximum permissible working pressure of the boiler or pressure vessel determined by the Authority differs from the maximum permissible working pressure thereof determined by the appointed examiner from whose decision the appeal was made, the Authority shall delete the entry made in the register of boilers and pressure vessels in accordance with paragraph (a)(v) and enter in the register the maximum permissible working pressure determined by the Authority. (Amended 87 of 1988 s. 7)(c) The Authority shall delete from the register of boilers and pressure vessels the entry therein in respect of a boiler or pressure vessel if he is satisfied that it has been destroyed or is otherwise no longer being used in Hong Kong.(3) (a) The following particulars shall be recorded by the Authority in the register of pressurized fuel containers in respect of each registered pressurized fuel container—(i) the name and address of the owner for the time being of the pressurized fuel container;(ii) the place at which for the time being the pressurized fuel container is being used;(iii) the registration number of the pressurized fuel container;(iv) the making by the Authority of an order under section 32 in respect of the pressurized fuel container and the date (if any) on which the same ceased to be in force.(b) The Authority shall delete from the register of pressurized fuel containers the entry therein in respect of a pressurized fuel container if he is satisfied that it has been destroyed or is otherwise no longer being used in Hong Kong.(4) The Authority shall remove from the register of boiler inspectors and air receiver inspectors or the register of pressurized fuel container inspectors, as the case may be, the name of any person whose appointment to be a boiler inspector or an air receiver inspector or a pressurized fuel container inspector has been revoked and shall, during the continuance in force of a suspension of the appointment of a person to be a boiler inspector or an air receiver inspector or a pressurized fuel container inspector, keep in the register of boiler inspectors and air receiver inspectors or the register of pressurized fuel container inspectors, as the case may be, such entry as he considers sufficient to indicate the suspension.(5) The Authority shall remove from the register of competent persons the name of any person whose certificate of competency has been revoked under section 6(4)(a). (Amended 15 of 2002 s. 3)(Amended 87 of 1988 ss. 31-36 & 38) 8. Inquiries into accidents in boilers and pressure vessels (1) Whenever an accident has occurred in or to a boiler or pressure vessel—(a) an authorized officer may make a preliminary inquiry with respect to the accident; and(b) whether or not an authorized officer makes a preliminary inquiry, the Authority may appoint a Board of Inquiry whose function it shall be to inquire into and determine, so far as may be possible, the cause of the accident. (Amended 67 of 1978 s. 6; 18 of 1982 s. 4; 87 of 1988 s. 8)(2) (a) Every Board of Inquiry shall consist of—(i) a magistrate nominated by the Chief Justice or a legal officer nominated by the Secretary for Justice; (Amended L.N. 362 of 1997)(ii) an authorized officer or a boiler inspector; and (Amended 18 of 1982 s. 4; 87 of 1988 s. 8)(iii) one other person who has such qualifications as the Authority considers suitable and who is not a public officer or a boiler inspector.(b) The magistrate or legal officer, as the case may be, shall be the chairman of a Board of Inquiry.(3) For the purposes of a preliminary inquiry, an authorized officer shall have the following powers— (Amended 18 of 1982 s. 4; 87 of 1988 s. 8)(a) to enter and inspect any premises the entry or inspection of which appears to him to be necessary;(b) to inspect and examine the boiler or pressure vessel and its auxiliary equipment;(c) to require the production of any document or thing in the possession of any person; and(d) to require any person to answer such inquiries as he considers it necessary to make.(4) (a) For the purpose of its inquiry, a Board of Inquiry shall have the following powers—(i) to hear evidence on oath or otherwise;(ii) to summon any person to attend any sitting of the Board to give evidence or to produce any document or thing in his possession and to examine him as a witness or require him to produce such document or thing, subject to all just exceptions;(iii) to enter and inspect any premises the entry or inspection of which appears to it to be necessary; and(iv) to inspect and examine the boiler or pressure vessel and its auxiliary equipment.(b) A witness summons shall be in such form as the chairman of the Board of Inquiry directs and shall be signed by him.(5) The report on a preliminary inquiry may, save where a Board of Inquiry has been, or is to be, appointed, be made public in such manner as the authorized officer thinks fit, and the report of a Board of Inquiry shall be made public in such manner as the Authority directs. (Amended 87 of 1988 s. 8)(Amended 87 of 1988 ss. 33 & 36) 9. Power of Authority to exempt individual boilers or pressure vessels from provisions of Ordinance (1) An authorized officer may, upon application in writing in that behalf, exempt from any of the provisions of this Ordinance a boiler or pressure vessel to which he is satisfied that such provision cannot reasonably be applied.(2) Any such exemption shall be subject to such conditions as the authorized officer specifies and may be withdrawn at any time.(3) (Repealed 87 of 1988 s. 9)(Amended 87 of 1988 ss. 9 & 33) 10. Power of Authority to exempt classes or types of boiler or pressure vessel from provisions of Ordinance (1) The Authority may by order exempt from any of the provisions of this Ordinance boilers or pressure vessels of a class or type to which he is satisfied that such provision cannot reasonably be applied.(2) Any such exemption shall be subject to such conditions as may be specified in the order.(3) The Authority may by order cancel or amend any order made under subsection (1).(4) A notification of every order made under this section shall be published in the Gazette.(Amended 87 of 1988 ss. 34 & 36) Part III Registration of Boilers, Pressure Vessels and Steam Containers Boilers, pressure vessels (other than pressurized fuel containers)and steam containers(Amended 87 of 1988 ss. 32 & 34) 11. (Repealed 67 of 1978 s. 7) 12. (Repealed 67 of 1978 s. 7) 13. Documents to be delivered to Authority in respect of new boilers and pressure vessels The owner of a new boiler or pressure vessel, other than a pressurized fuel container, shall, not less than 30 days before the day on which he intends to put the boiler or pressure vessel into use, deliver to the Authority—(a) one copy of the maker’s certificate and one copy of the certificate of inspection during construction issued in respect of the boiler or pressure vessel by a recognized inspection body; or(b) documentary evidence, to the satisfaction of the Authority, that the boiler or pressure vessel complies with a recognized engineering standard or code in respect of—(i) the welders employed and welding procedures used in the construction and erection of and, if repairs have been carried out, in the repairs to, the boiler or pressure vessel;(ii) heat treatment before and after welding;(iii) tests and inspections carried out on the boiler or pressure vessel; and(iv) any other relevant technical details that the Authority may, by notice in writing, specify; or(c) where the owner can deliver neither the documents referred to in paragraph (a) nor the documents referred to in paragraph (b), details of the design and methods of construction, inspection and testing of the boiler or pressure vessel and its auxiliary equipment.(Replaced 87 of 1988 s. 10) 14. Documents to be delivered to Authority in respect of new steam containers The owner of a new steam container shall, not less than 30 days preceding the day on which he intends to put the same into use, deliver to the Authority in respect thereof— (Amended 67 of 1978 s. 9; 87 of 1988 s. 36)(a) 2 copies of the maker’s certificate; or(b) 2 copies of a plan thereof prepared, to the satisfaction of the Authority, by a boiler inspector. (Amended 87 of 1988 s. 35) 15. Documents to be certified by appointed examiner (1) Every copy of a document that is delivered to the Authority pursuant to section 13 or 14 shall have endorsed thereon a declaration by an appointed examiner that it relates to the boiler or pressure vessel in respect of which it is so delivered. (Amended 67 of 1978 s. 10; 87 of 1988 ss. 33 & 36)(2) Where a copy of a document referred to in subsection (1) is not written in the English or Chinese language it shall be accompanied by an English or Chinese translation. (Added 67 of 1978 s. 10. Amended 54 of 2000 s. 3) 15A. Owner of new boiler, pressure vessel etc. to apply for registration The owner of a new boiler, pressure vessel other than a pressurized fuel container, or steam container shall, not later than 30 days preceding the day on which he intends to put the same into use, apply to the Authority in the prescribed form for registration of the same under this Ordinance.(Replaced 67 of 1978 s. 11. Amended 87 of 1988 ss. 31, 33 & 36) 16. Registration of boilers and pressure vessels, etc. (1) The Authority shall, upon receipt of the documents required by section 13 or 14, as the case may be, and of an application for registration under section 15A, allot a registration number to the boiler, pressure vessel or steam container and enter particulars of the boiler, pressure vessel or steam container in the appropriate register. (Replaced 67 of 1978 s. 12)(2) The owner of a registered boiler, pressure vessel or steam container shall cause the registration number thereof to be engraved, whether by impression or incision, in a conspicuous position on the boiler, pressure vessel or steam container and to be clearly legible at all times. (Amended 60 of 1967 s. 4)(Amended 87 of 1988 ss. 33 & 36) 17. Authority to be notified of sale or hiring of boilers, etc. (1) The owner of a registered boiler, pressure vessel, other than a pressurized fuel container, or steam container who sells the same or hires it to any person shall, within 7 days of the sale or the agreement for hire, as the case may be, notify the Authority of the name and address of the person to whom the boiler, pressure vessel or steam container, as the case may be, has been sold or hired and, where the boiler, pressure vessel or steam container is not so designed as to be transportable from one place to another, shall also notify the Authority whether or not the sale or hiring has resulted or will result in the removal of the same.(2) The owner of a registered boiler, pressure vessel, other than a pressurized fuel container, or steam container shall, within 7 days of the change, notify the Authority of any change in his address.(Amended 87 of 1988 ss. 31, 33 & 36) 18. Power of Authority to require details of boilers or pressure vessels to be delivered to him The Authority may, where he considers it necessary to do so for the purpose of enabling him to make an assessment of the maximum permissible working pressure at which a boiler or pressure vessel may be operated, require the owner of the boiler or pressure vessel to deliver to him complete details of the materials used in, and the method of, the construction of the boiler or pressure vessel and its auxiliary equipment and dimensions of all the parts and fittings thereof or of such of those parts and fittings as he specifies.(Amended 67 of 1978 s. 13; 87 of 1988 ss. 33 & 35) 18A. Codes of Practice (1) For the purpose of ensuring acceptable standards in the design, manufacture, installation, maintenance, examination, testing and operation of boilers and pressure vessels, the Authority may give advice, either generally in the form of Codes of Practice or particularly in writing, to any person.(2) Failure on the part of any person to observe the provisions of any such Code or to accept any such particular advice shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may, in any proceedings whether civil or criminal and including proceedings for an offence under this Ordinance, be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.(3) The Authority shall give notice in the Gazette of the publication of any advice given under subsection (1) in the form of a Code of Practice.(Added 87 of 1988 s. 11)Pressurized fuel containers(Amended 87 of 1988 s. 32) 19. Authority to be notified of pressurized fuel containers that are being used (Not yet in operation) (1) Within 30 days after a new pressurized fuel container is first put into use, the owner of the pressurized fuel container shall notify the Authority that it has been put into use and of the place at which it is being used and shall also notify the Authority of his address.(2) Within 6 months after the commencement of this section, the owner of an existing pressurized fuel container shall notify the Authority of the place at which it is being used and of his address.(Amended 87 of 1988 ss. 31 & 36) 20. Registration of pressurized fuel containers, etc. (Not yet in operation)(1) The Authority shall enter in the register of pressurized fuel containers every pressurized fuel container in respect of which he receives notice under section 19 and may enter in the register any other pressurized fuel container whose existence comes to his notice if the same is being used.(2) The Authority shall allot a registration number to every pressurized fuel container that he enters in the register of pressurized fuel containers and shall, wherever practicable, notify the owner of the pressurized fuel container of the number so allotted.(3) The owner of a pressurized fuel container shall cause the registration number thereof, notified by the Authority under subsection (2), to be engraved, whether by impression or incision, in a conspicuous position on the pressurized fuel container and to be clearly legible at all times. (Replaced 60 of 1967 s. 5)(Amended 87 of 1988 ss. 31, 32 & 36) 21. Authority to be notified of sale of pressurized fuel container, etc. (Not yet in operation)(1) The owner of a registered pressurized fuel container who sells the same shall, within 7 days after the sale, notify the Authority of the name an address of the person to whom it has been sold.(2) The owner of a registered pressurized fuel container shall, within 7 days after the change, notify the Authority of any change in the place at which he is using the pressurized fuel container or in his address.(Amended 87 of 1988 ss. 31 & 36) Part IV Maintenance and Examination of Boilers, Pressure Vessels and Steam Containers, and Control of Use and Operation thereof (Amended 87 of 1988 s. 34) 22. Maintenance of boilers and pressure vessels, boiler-houses and fire-fighting appliances, etc. (1) Every boiler and pressure vessel and its auxiliary equipment shall be properly maintained. (Amended 87 of 1988 s. 33)(2) Every steam container shall be so maintained that the outlet therefrom is, at all times, open and free from obstruction.(3) Without prejudice to the generality of the provisions of subsection (1), every fitting and storage tank connected with a fuel burning installation shall be free from defective joints.(4) Every place in which a boiler is situated shall be maintained in a clean condition and free from any waste inflammable material.(5) Every appliance provided in connection with a boiler or its auxiliary equipment for use in combatting an outbreak of fire shall be properly maintained and situated in a readily accessible place. 23. (Repealed 67 of 1978 s. 14) 24. New boilers and pressure vessels to be examined before being put into use (1) Upon completion of the installation of a new boiler or pressure vessel, other than an air receiver, and before the same is put into use, the boiler or pressure vessel and its auxiliary equipment shall be examined by an appointed examiner. (Amended 87 of 1988 s. 12)(2) Every new air receiver, other than a pressurized fuel container, and its fittings and attachments shall be examined by an appointed examiner before it is put into use. (Amended 87 of 1988 s. 31) 25. Boilers and steam receivers to be used in new premises to be examined before being put into use Every boiler or steam receiver that is to be put into use in premises other than those in which it was previously used shall, together with its auxiliary equipment, be examined by an appointed examiner before it is put into use in such premises. 26. Boilers and pressure vessels to which extensive repairs, etc. have been made to be examined before being again put into use (1) Every boiler or steam receiver in respect of which extensive repairs have been carried out or, save where the same is designed so as to be transportable from one place to another, that has been removed from one part of any premises to another part thereof shall, together with its auxiliary equipment, be examined by an appointed examiner before it is again put into use.(2) Every air receiver, other than a pressurized fuel container, in respect of which extensive repairs have been carried out or, save where the same is designed so as to be transportable from one place to another, that has been removed from one part of any premises to another part thereof shall, together with its fittings and attachments, be examined by an appointed examiner before it is again put into use. (Amended 87 of 1988 s. 31) 27. Periodic examination of boilers and pressure vessels (1) Save as otherwise provided—(a) a boiler, other than a boiler to which paragraph (b) applies, shall be examined by an appointed examiner within 14 months after the date of any certificate of fitness issued in respect thereof; and(b) the following shall be examined by an appointed examiner within 26 months after the date of any certificate of fitness issued in respect thereof—(i) any boiler to which this paragraph applies, in the case of which a period of 21 years has not expired since it was first taken into use;(ii) any air receiver, other than a pressurized fuel container; and (Amended 87 of 1988 s. 31)(iii) any steam receiver.(2) Subsection (1)(b) shall apply to a boiler of any of the following kinds—(a) a water tube boiler of which the drums and any headers are of fusion welded or solid forged construction and which has an evaporative capacity of not less than 22 000 kilograms of steam per hour; (Amended 67 of 1978 s. 15; 87 of 1988 s. 13)(b) a boiler in a group of water tube boilers of which the drums and any headers are of fusion welded or solid forged construction, being a group in which—(i) each boiler has an evaporative capacity of not less than 11 000 kilograms of steam per hour; and(ii) the total evaporative capacity of all the boilers is not less than 45 000 kilograms of steam per hour; and (Amended 67 of 1978 s. 15; 87 of 1988 s. 13)(c) a boiler which is a waste heat boiler or heat exchanger with fusion welded longitudinal and circumferential seams, or a super-heater of fusion welded construction, and which is an integral part of a continuous flow installation in a chemical or oil refinery processing plant.(2A) Where—(a) the Authority is satisfied that a boiler or pressure vessel cannot, because of operational requirements, be shut down for an examination required by subsection (1); and(b) an appointed examiner has examined the boiler or pressure vessel while operating and is satisfied that it could continue to operate safely beyond the period within which the boiler or pressure vessel must be examined under subsection (1),the Authority may, by notice in writing to the owner, extend that period for not more than 6 months and, if he does so, the relevant certificate of fitness shall remain in force until the end of that extended period. (Added 87 of 1988 s. 13)(2B) Where an appointed examiner or authorized officer issuing a certificate of fitness in respect of a boiler or pressure vessel considers that the boiler or pressure vessel should, in the interests of safety, be examined within a shorter period than that specified in subsection (1), he shall notify the Authority of that fact and the Authority may, by endorsement on the certificate, shorten the period. (Added 87 of 1988 s. 13)(3) For the purposes of this section—(a) boiler (鍋爐) and steam receiver (蒸汽容器) include the auxiliary equipment of an such boiler or steam receiver;(b) air receiver (空氣容器) includes the fittings and attachments thereof;(c) the date of a certificate of fitness shall, where different dates are entered therein in respect of different examinations and tests carried out, be deemed to be the date first in time of such dates.(Replaced 60 of 1967 s. 6) 28. Examination of steam containers (1) Save as provided in subsection (2), every steam container shall be examined by a boiler inspector, in order to ensure that the outlet therefrom is open and free from obstruction, whenever the boiler that supplies steam thereto is examined in accordance with this Ordinance.(2) Every steam container shall be examined by a boiler inspector for the like purpose before it is put into use. 29. Examination of new fuel burning installations and heaters fitted therein, etc. (1) Every new fuel burning installation shall be examined by an appointed examiner before it is put into use.(2) Every new heater fitted in a fuel burning installation shall, before it is put into use, be subjected by an appointed examiner to an hydraulic test, which shall be to not less than twice the maximum pressure to which the heater may be subjected when it is being used.(3) (a) Every pipe that is used for conveying fuel from a pump or gravity tank to the burners in a fuel burning installation and every fitting connected with any such pipe shall be tested by an appointed examiner—(i) in the case of a new such pipe, after the pipe has been jointed and before it is put into use; and(ii) in the case of any such pipe, within 7 days after the Authority so requires. (Amended 87 of 1988 s. 35)(b) Every such test shall be to—(i) twice the maximum pressure to which the fuel system is or will be subjected under normal working conditions; or(ii) the pressure specified in a recognized engineering standard or code. (Amended 87 of 1988 s. 30) 30. Steam or water pipes to be hydraulically tested in certain cases Where—(a) any pipe that conveys or will or may convey oils, steam or water under pressure to or from a boiler, steam receiver or steam container is renewed or is added to a boiler, steam receiver or steam container; or (Amended 87 of 1988 s. 37)(b) extensive repairs or alterations are carried out to any such pipe or to any system of such pipes,the pipe or pipes shall, before being subjected or again subjected, as the case may be, to pressure, be subjected by a boiler inspector to an hydraulic test.(Amended 87 of 1988 s. 14) 31. Periodic examination of pressurized fuel containers (Not yet in operation)(1) Every existing pressurized fuel container shall be examined by an appointed examiner within 12 months after the commencement of this section.(2) Every new pressurized fuel container shall be examined by an appointed examiner within 12 months after the date on which it is first put into use.(3) Save as provided in subsections (1) and (2), every pressurized fuel container shall be examined by an appointed examiner within 12 months after the date marked thereon in accordance with this Ordinance as the date on which the last examination thereof was completed.(Amended 87 of 1988 s. 31) 32. Power of Authority to prohibit use and operation of boiler or pressure vessel in certain cases, and procedure thereafter (1) Where it appears to the Authority that—(a) a boiler or pressure vessel or any of its auxiliary equipment is not, or may not be, in safe working order;(b) a boiler or pressure vessel or any of its auxiliary equipment has not been examined or tested in accordance with this Ordinance or in accordance with a requirement of the Authority made under this Ordinance;(c) a boiler or pressure vessel, other than a pressurized fuel container, is being, or has been, operated at a pressure greater than its maximum permissible working pressure;

or(d) the seal attached to a safety valve by an appointed examiner has been broken, or the setting of a safety valve has been altered, by a person who is not an appointed examiner,he may, by notice in writing served upon the owner thereof, prohibit the further use and operation of the boiler or pressure vessel, as the case may be.(2) Every such order in respect of a boiler or pressure vessel, other than a pressurized fuel container, shall continue in force until the boiler or pressure vessel has been examined by an appointed examiner and a certificate of fitness issued by him in respect thereof under section 33 and the Authority has, upon production to him of the certificate of fitness, permitted the use thereof to be resumed, and every such order in respect of a pressurized fuel container shall continue in force until the pressurized fuel container has been examined by an appointed examiner and the examiner has, in the manner provided by section 35, certified that he is satisfied that it is in safe working order.(3) At any time after any such order in respect of a boiler or pressure vessel, other than a pressurized fuel container, has been served, the Authority or an appointed examiner acting under his directions may take such steps as he considers necessary to procure the immediate stoppage of the use and operation of the boiler or pressure vessel to which the order relates.(Amended 87 of 1988 ss. 31, 33 & 35) 33. Issue of certificates of fitness (1) Save as otherwise provided, a certificate of fitness in respect of a boiler or pressure vessel shall be issued—(a) in the case of a boiler, only under the hand of the appointed examiner who examined the boiler when it was under the pressure that will be specified in the certificate of fitness as its maximum permissible working pressure; or(b) in the case of a pressure vessel, only under the hand of the appointed examiner who examined the pressure vessel when it was under the pressure that will be specified in the certificate of fitness as its maximum permissible working pressure or who carried out the pressure accumulation test.(2) (a) Subject to the provisions of subsection (1) and without prejudice to any other provisions of this Ordinance, an appointed examiner may issue a certificate of fitness in respect of a boiler or pressure vessel notwithstanding that every part of the examination in question or every test required by this Ordinance to be carried out during such examination has not been carried out by him if he is satisfied that those parts of the examination in question that have not been carried out by him have been carried out in accordance with this Ordinance and that those tests of the boiler or pressure vessel, as the case may be, or its auxiliary equipment that have not been carried out by him have been carried out in accordance with this Ordinance and that the results thereof were satisfactory.(b) Where, pursuant to paragraph (a), a certificate of fitness is issued by an appointed examiner who has not carried out the whole of the examination of the boiler or pressure vessel or all of the tests thereof, each appointed examiner by whom a part of the examination was carried out or by whom some of the tests were carried out shall enter in the certificate of fitness particulars as to the part of the examination, or as to the tests, that he carried out.(3) Where, upon an examination of a boiler or pressure vessel for the purposes of this Ordinance, the appointed examiner—(a) who has carried out the examination in accordance with this Ordinance and has carried out such tests of the boiler or pressure vessel or its auxiliary equipment as are required by this Ordinance to be carried out; or(b) who, not having carried out the whole of the examination or not having carried out some or all of the tests of the boiler or pressure vessel or its auxiliary equipment required by this Ordinance to be carried out, has carried out the examination of the boiler or the examination or test of the pressure vessel specified in subsection (1),is satisfied—(i) that the boiler or pressure vessel, as the case may be, and, in the case of a boiler or steam receiver, its auxiliary equipment and, in the case of an air receiver, its fittings and attachments are in safe working order or that, subject to the conditions that will be specified in the certificate of fitness, the boiler or pressure vessel may safely be used and operated having regard to the pressure to be specified in the certificate or fitness as the maximum permissible working pressure at which the boiler or pressure vessel may be operated; and(ii) in the case of a steam receiver, that the steam receiver and the pipe connecting the steam receiver with any supply of steam are of sufficient strength to withstand any pressure of steam to which they may be subjected; and(iii) in the case of an air receiver, that the air receiver and the pipe connecting the air receiver with any supply of air are of sufficient strength to withstand any pressure to which they may be subjected,he shall issue to the owner of the boiler or pressure vessel a certificate of fitness, and, where, upon such an examination, such appointed examiner is not satisfied as to any of the matters set out in paragraph (i), (ii) or (iii), he shall refuse to issue a certificate of fitness.(4) (a) Every certificate of fitness shall be in the prescribed form and shall contain the particulars required thereby.(b) The pressure specified in a certificate of fitness as the maximum permissible working pressure at which the boiler or pressure vessel to which the certificate relates may be operated shall be the maximum permissible working pressure determined in accordance with Part VI or such lesser pressure as the appointed examiner by whom the certificate is issued considers necessary for the safe operation of the boiler or pressure vessel, having regard to its age, general condition or history or the quality of the workmanship used in its construction or in any repairs that have been carried out in respect thereof.(5) In any certificate of fitness issued by him for the purposes of this Ordinance, an appointed examiner may specify such conditions with respect to the repair of the boiler or pressure vessel to which the certificate relates as he considers necessary for its continued safe working.(6) Whenever an appointed examiner issues a certificate of fitness, he shall also deliver to the owner of the boiler or pressure vessel 2 copies of the certificate and, within 7 days after the copies are delivered to him, the owner shall deliver them to the Authority.(7) Whenever an appointed examiner refuses to issue a certificate of fitness, he shall, in writing, notify the Authority as soon as practicable of the circumstances in which he has refused to issue the certificate.(Amended 87 of 1988 ss. 33 & 36) 34. Appeals from refusal of appointed examiner to issue certificate of fitness (1) (a) The owner of a boiler or pressure vessel who considers himself aggrieved by the refusal of an appointed examiner to issue a certificate of fitness in respect of the boiler or pressure vessel may, within 7 days after the day on which the examiner notified him of his refusal to issue the certificate, appeal to the Authority.(b) Every such appeal shall be in writing.(2) (a) Where, upon such an appeal, the Authority considers that a certificate of fitness should be issued in respect of the boiler or pressure vessel, as the case may be, he shall issue a certificate of fitness to the owner of the boiler or pressure vessel and shall also deliver to him 2 copies of the certificate. (Amended 87 of 1988 s. 15)(b) Where, under paragraph (a), the Authority issues a certificate of fitness, he shall send a copy thereof to the appointed examiner from whose refusal to issue such a certificate the appeal was made.(c) Where, upon such an appeal, the Authority considers that a certificate of fitness should not be issued in respect of the boiler or pressure vessel, as the case may be, he shall notify the owner thereof accordingly.(3) The decision of the Authority upon such an appeal shall be final.(Amended 87 of 1988 ss. 33 & 35) 35. Procedure on examination of pressurized fuel container Where, upon an examination of a pressurized fuel container for the purposes of this Ordinance, the appointed examiner by whom the examination was carried out is not satisfied that the pressurized fuel container is in safe working order, he shall notify the owner thereof that he is not so satisfied, and when, upon any such examination, the appointed examiner by whom the examination was carried out is satisfied that the pressurized fuel container is in safe working order he shall certify accordingly by marking, or causing to be marked, on the pressurized fuel container, the date on which the examination thereof was completed and, if the examination was carried out by a pressurized fuel container inspector, his registration number.(Amended 87 of 1988 s. 31) 36. Appeals from decision of appointed examiner on examination of pressurized fuel container (1) (a) The owner of a pressurized fuel container who considers himself aggrieved by the decision of an appointed examiner that he is not satisfied that the pressurized fuel container is in safe working order may, within 7 days after the day on which the examiner notified him that he is not so satisfied, appeal to the Authority.(b) Every such appeal shall be in writing.(2) Where, upon such an appeal, the Authority considers that the pressurized fuel container is in safe working order, he shall certify accordingly by marking, or causing to be marked, on the pressurized fuel container the date on which he examined the same.(3) Where, upon such an appeal, the Authority considers that the pressurized fuel container is not in safe working order, he shall notify the owner thereof accordingly.(4) The decision of the Authority upon such an appeal shall be final.(Amended 87 of 1988 ss. 31 & 35) Part V Provisions as to Preparation for, Procedure on, and Method of, Examination of Boilers, Steam Receivers and Air Receivers, and as to Pressure Accumulation Tests and Hydraulic Tests 37. Preparation of boilers, etc. for examination (1) Whenever, for the purposes of this Ordinance, a boiler is about to be examined when it is cold, the owner thereof shall cause the boiler to be prepared for the examination in the following manner—(a) the boiler shall be empty and every part thereof thoroughly clean;(b) the boiler shall be sufficiently cool to allow the person carrying out the examination to carry out the same in safety and without inconvenience;(c) all mountings shall be opened up and valves and cocks ground in; and(d) in the case of boilers other than watertube boilers, all fire bars, bearers, front plates, bridges, arches, manhole and handhole doors, cleaning plugs and other fittings shall, unless such part does not form an integral part of the boiler and will not interfere in any way with the examination, be removed; or(e) in the case of watertube boilers, the covers of all openings in headers, muddrums, steam and water drums, manholes and handholes shall be removed.(2) Whenever, for the purposes of this Ordinance, a steam receiver is about to be examined when it is cold or an air receiver is about to be examined when it is not under pressure, the owner thereof shall cause the steam receiver or the air receiver, as the case may be, to be prepared for the examination so that, so far as the construction thereof permits, all parts, both internal and external, and all fittings are thoroughly clean and accessible for examination. 38. Procedure on, and method of, examination of boilers (1) The following provisions apply to the examination of a boiler for the purposes of section 27 or 32— (Amended 67 of 1978 s. 16)(a) the boiler shall first be thoroughly examined when it is cold and has been prepared for examination in the manner prescribed in section 37(1);(b) where, upon the examination in accordance with paragraph (a), the appointed examiner who carried out the same is of opinion that the boiler is in need of immediate repairs in order to maintain it in safe working order, he shall in writing notify the owner of the boiler of the repairs that he considers necessary;(c) in each of the following cases, the boiler shall next be subjected by an appointed examiner to an hydraulic test—(i) where any repairs that have been carried out pursuant to a notice given by an appointed examiner in accordance with paragraph (b) are extensive repairs;(ii) where the size or design of the boiler is such that it is not possible for an appointed examiner to enter it in order to examine the internal parts thereof; and(iii) without prejudice to the provisions of subparagraph (i) or (ii), whenever an appointed examiner considers it necessary;(ca) where the boiler is uncertified and the Authority, by notice in writing to the owner, so requires, the boiler shall be subjected to an hydraulic test or to testing by a specified non-destructive technique; and (Added 87 of 1988 s. 16)(d) finally, on the first occasion on which the boiler is again operated, the boiler, save for any economizer or superheater that may be fitted therein, shall be— (Amended 87 of 1988 s. 16)(i) examined when it is under the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure at which it may be operated; and(ii) subjected by the appointed examiner to a pressure accumulation test if he considers it necessary. (Replaced 67 of 1978 s. 16)(2) The following provisions apply to the examination of a boiler for the purposes of section 24—(a) where an appointed examiner considers it necessary, the boiler shall first be examined when it is cold and has been prepared for examination in the manner prescribed in section 37(1)(a), (c), (d) and (e);(b) where an appointed examiner considers it necessary, the boiler shall next be subjected by an appointed examiner to an hydraulic test;(ba) where the boiler is uncertified and the Authority, by notice in writing to the owner, so requires, the boiler shall be subjected to an hydraulic test or to testing by a specified non-destructive technique; and (Added 87 of 1988 s. 16)(c) finally, on the first occasion on which the boiler is operated the boiler, save for any economizer or superheater that may be fitted therein, shall be— (Amended 87 of 1988 s. 16)(i) examined when it is under the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure at which it may be operated; and(ii) subjected to a pressure accumulation test by the appointed examiner except where he considers that the superheater might be damaged thereby. (Replaced 67 of 1978 s. 16)(3) The following provisions apply to the examination of a boiler for the purposes of section 25—(a) the boiler shall first be examined when it is cold and has been prepared for examination in the manner prescribed in section 37(1)(a), (c), (d) and (e);(b) where an appointed examiner considers it necessary, the boiler shall next be subjected by an appointed examiner to an hydraulic test; and(c) finally, on the first occasion on which the boiler is again operated, the boiler, save for any economizer or superheater that may be fitted therein, shall be— (Amended 87 of 1988 s. 16)(i) examined when it is under the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure at which it may be operated; and(ii) subjected by the appointed examiner to a pressure accumulation test if he considers it necessary. (Replaced 67 of 1978 s. 16)(4) The following provisions apply to the examination of a boiler for the purposes of section 26—(a) the boiler shall first be subjected by an appointed examiner to an hydraulic test; and(b) on the first occasion on which the boiler is again operated, the boiler, save for any economizer or superheater that may be fitted therein, shall be— (Amended 87 of 1988 s. 16)(i) examined when it is under the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure at which it may be operated; and(ii) subjected by the appointed examiner to a pressure accumulation test if he considers it necessary. (Replaced 67 of 1978 s. 16) 39. Procedure on, and method of, examination of steam receivers (1) The following provisions apply to the examination of a steam receiver for the purposes of section 27 or 32—(a) the steam receiver shall first be thoroughly examined when it is cold and has been prepared for examination in the manner prescribed in section 37(2);(b) where, upon the examination in accordance with paragraph (a), the appointed examiner who carried out the same is of opinion that the steam receiver is in need of immediate repairs in order to maintain it in safe working order, he shall in writing notify the owner of the steam receiver of the repairs that he considers necessary;(c) in each of the following cases, the steam receiver shall next be subjected by an appointed examiner to an hydraulic test—(i) where any repairs that have been carried out pursuant to a notice given by an appointed examiner in accordance with paragraph (b) are extensive repairs;(ii) where the size or design of the steam receiver is such that the internal parts thereof cannot be readily examined;(iii) without prejudice to the provisions of subparagraph (i) or (ii), whenever an appointed examiner considers it necessary;(ca) where the steam receiver is uncertified and the Authority, by notice in writing to the owner, so requires, the steam receiver shall be subjected to an hydraulic test or to testing by a specified non-destructive technique; and (Added 87 of 1988 s. 17)(d) finally, on the first occasion on which it is again subjected to steam pressure, the steam receiver shall be—(i) examined when it is under the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure at which it may be operated; and(ii) subjected by an appointed examiner to a pressure accumulation test if he considers it necessary.(2) The following provisions apply to the examination of a steam receiver for the purposes of section 24—(a) where an appointed examiner considers it necessary, the steam receiver shall first be examined when it is cold and has been prepared for examination in the manner prescribed in section 37(2);(b) where an appointed examiner considers it necessary, the steam receiver shall next be subjected by an appointed examiner to an hydraulic test;(ba) where the steam receiver is uncertified and the Authority, by notice in writing to the owner, so requires, the steam receiver shall be subjected to an hydraulic test or to testing by a specified non-destructive technique; and (Added 87 of 1988 s. 17)(c) on the first occasion on which the steam receiver is, or is again, subjected to steam pressure and after the examination thereof when it was cold and after it has been subjected to the hydraulic test where such examination or test is considered necessary, the steam receiver shall be—(i) examined when it is under the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure at which it may be operated; and(ii) subjected by an appointed examiner to a pressure accumulation test.(3) The following provisions apply to the examination of a steam receiver for the purposes of section 25—(a) the steam receiver shall first be examined when it is cold and has been prepared for examination in the manner prescribed in section 37(2);(b) where an appointed examiner considers it necessary, the steam receiver shall next be subjected to an hydraulic test; and(c) on the first occasion on which it is again subjected to steam pressure and after it has been subjected to the hydraulic test where such test is considered necessary, the steam receiver shall be—(i) examined when it is under the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure at which it may be operated; and(ii) subjected by an appointed examiner to a pressure accumulation test if he considers it necessary.(4) The following provisions apply to the examination of a steam receiver for the purposes of section 26—(a) the steam receiver shall first be subjected by an appointed examiner to an hydraulic test; and(b) the steam receiver shall thereafter, on the first occasion on which it is again subjected to steam pressure, be—(i) examined when it is under the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure at which it may be operated; and(ii) subjected by an appointed examiner to a pressure accumulation test if he considers it necessary.(Amended 67 of 1978 s. 17) 40. Procedure on, and method of, examination of air receivers (1) The following provisions apply to the examination of an air receiver, other than a pressurized fuel container, for the purposes of section 27 or 32—(a) the air receiver shall first be examined when it is not under pressure and has been prepared for examination in the manner prescribed in section 37(2);(b) where, upon the examination in accordance with paragraph (a), the appointed examiner who carried out the same is of opinion that the air receiver is in need of immediate repairs in order to maintain it in safe working order, he shall notify the owner of the air receiver of the repairs that he considers necessary;(c) in each of the following cases, the air receiver shall next be subjected by an appointed examiner to an hydraulic test—(i) where any repairs that have been carried out pursuant to a notice given by an appointed examiner in accordance with paragraph (b) are extensive repairs;(ii) where the size or design of the air receiver is such that the internal parts thereof cannot be readily examined; and(iii) without prejudice to the provisions of subparagraph (i) or (ii), whenever an appointed examiner considers it necessary;(ca) where the air receiver is uncertified and the Authority, by notice in writing to the owner, so requires, the air receiver shall be subjected to an hydraulic test or to testing by a specified non-destructive technique; and (Added 87 of 1988 s. 18)(d) finally, the air receiver shall be—(i) examined when it is under the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure at which it may be operated; and(ii) subjected by an appointed examiner to a pressure accumulation test if he considers it necessary.(2) The following provisions apply to the examination of an air receiver, other than a pressurized fuel container, for the purposes of section 24—(a) where an appointed examiner considers it necessary, the air receiver shall first be examined when it is not under pressure and has been prepared for examination in the manner prescribed in section 37(2);(b) where an appointed examiner considers it necessary, the air receiver shall next be subjected by an appointed examiner to an hydraulic test;(ba) where the air receiver is uncertified and the Authority, by notice in writing to the owner, so enquires, the air receiver shall be subjected to an hydraulic test or to testing by a specified non-destructive technique; and (Added 87 of 1988 s. 18)(c) in every case, the air receiver shall be—(i) examined when it is under the pressure that will be specified in the certificate or fitness as the maximum permissible working pressure at which it may be operated; and(ii) subjected by an appointed examiner to a pressure accumulation test.(3) The following provisions apply to the examination of an air receiver, other than a pressurized fuel container, for the purposes of section 26—(a) the air receiver shall first be subjected by an appointed examiner to an hydraulic test; and(b) the air receiver shall thereafter be—(i) examined when it is under the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure at which it may be operated; and(ii) subjected by an appointed examiner to a pressure accumulation test if he considers it necessary.(Amended 67 of 1978 s. 18; 87 of 1988 s. 31) 41. Examination of pipes of new boilers, steam receivers or steam containers Where a new boiler or steam receiver is being examined for the purposes of section 24(1) or a new steam container is being examined for the purposes of section 28(2), every pipe that will convey oils, steam or water under pressure to or from the boiler, steam receiver or steam container, as the case may be, shall be subjected by a boiler inspector to an hydraulic test.(Amended 87 of 1988 s. 37) 42. Procedure where, on certain examinations of boiler, etc., appointed examiner is not satisfied as to condition of steam or water pipes (1) Without prejudice to section 30, where, upon an examination of a boiler or steam receiver for the purposes of section 25, 26, 27 or 32, the appointed examiner who is carrying out the examination or any part thereof is not satisfied as to the condition of any pipe that conveys or may convey oils, steam or water under pressure to or from the boiler or steam receiver or a steam container, he shall notify the Authority accordingly. (Amended 67 of 1978 s. 19; 87 of 1988 s. 37)(2) Upon receipt of a notification under subsection (1), the Authority may—(a) require the whole of the lagging surrounding the pipe to be removed in order to enable a thorough examination of the pipe to be made; and(b) by notice in writing served on the owner of the boiler, steam receiver or steam container for which or in connection with which the pipe is provided, require him to cause the pipe to be subjected by a boiler inspector to an hydraulic test.(3) An hydraulic test carried out pursuant to a requirement of the Authority made under subsection (2)(b) shall be to—(a) twice the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure of the boiler or steam receiver for which or in connection with which the pipe is provided; or(b) the appropriate hydraulic test pressure specified in a recognized engineering standard or code. (Amended 87 of 1988 s. 30)(Amended 87 of 1988 s. 35) 43. Pressure accumulation tests (1) Every pressure accumulation test to which a boiler is subjected for the purposes of this Ordinance shall be carried out—(a) under full firing conditions;(b) with the feed water shut off; and(c) with the stop valves closed except to the extent that it is necessary for any stop valve to be open to supply steam to auxiliary equipment for the purposes of the test. (Added 67 of 1978 s. 20)(2) Every pressure accumulation test to which a steam receiver is subjected for the purposes of this Ordinance shall be carried out at the maximum pressure of steam supply to which, with the stop valve or valves fully opened and any other plant or equipment that normally receives a supply of steam from the pipe or pipes supplying the steam receiver shut down, the steam receiver may be subjected when the boiler to which it is connected is being operated at the pressure that is or will be specified in the certificate of fitness issued in respect thereof as its maximum permissible working pressure.(3) Every pressure accumulation test to which an air receiver is subjected for the purposes of this Ordinance shall be carried out—(a) at the maximum pressure that can be obtained in the compressor to which the air receiver is connected;(b) with the reducing valve or valves, or such other appliance as may be used to regulate the supply of compressed air to the air receiver, fully opened; and(c) with any other plant or equipment that normally receives a supply of air from the pipe or pipes supplying the air receiver shut down. 44. Hydraulic tests (1) No hydraulic test of a new boiler or pressure vessel that is being examined for the purposes of section 24 shall be carried out until the maximum permissible working pressure of the boiler or pressure vessel, as the case may be, has been determined in accordance with this Ordinance. (Amended 67 of 1978 s. 21; 87 of 1988 s. 33)(2) On the completion of an hydraulic test, the boiler, steam receiver or air receiver, as the case may be, shall be further examined by the appointed examiner who carried out the test in order to ascertain the condition of any parts thereof that may have been affected by the hydraulic pressure.(3) (a) An hydraulic test of a boiler or steam receiver, other than a new boiler or a new steam receiver that is being examined for the purposes of section 24, shall be to 1 1/2 times the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure of the boiler or steam receiver.(b) An hydraulic test of a new boiler or steam receiver that is being examined for the purposes of section 24 shall be to 1 1/2 times the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure of the boiler or steam receiver. (Amended 67 of 1978 s. 21; E.R. 1 of 2022)(4) An hydraulic test of an air receiver shall, in relation to the pressure that will be specified in the certificate of fitness as the maximum permissible working pressure of the air receiver, be in accordance with a recognized engineering standard or code or as follows—(a) in the case of a seamless steel air bottle—(i) shall be to twice that pressure where the maximum permissible working pressure does not exceed 14 megapascals;(ii) shall be to that pressure plus 14 megapascals where the maximum permissible pressure exceeds 14 megapascals but does not exceed 28 megapascals; and (Replaced 87 of 1988 s. 19)(iii) shall be to 1 1/2 times that pressure where the maximum permissible working pressure exceeds 28 megapascals; and (Amended E.R. 1 of 2022)(b) in the case of other air receiver—(i) shall be to twice that pressure where the maximum permissible working pressure does not exceed 700 kilopascals; and(ii) shall be to 1 1/2 times that pressure plus 350 kilopascals where the maximum permissible working pressure exceeds 700 kilopascals. (Replaced 87 of 1988 s. 19. Amended E.R. 1 of 2022)(Replaced 67 of 1978 s. 21. Amended 87 of 1988 s. 19)(5) An hydraulic test for the purposes of section 30 or 41 of a pipe that conveys or will or may convey oils, steam or water under pressure shall— (Amended 87 of 1988 s. 37)(a) in the case of copper pipes, be to twice the pressure that is or will be specified in the certificate of fitness as the maximum permissible working pressure of the boiler or steam receiver, as the case may be, and, in the case of steel pipes, be to 3 times that pressure; or(b) in the case of copper pipes or steel pipes, be to the appropriate hydraulic test pressure specified in a recognized engineering standard or code. (Amended 87 of 1988 s. 30) 45. Appointed examiner examining boiler, etc. under maximum permissible working pressure to set safety valve Whenever, for the purposes of this Ordinance, an appointed examiner is carrying out an examination of a boiler, steam receiver or air receiver under the pressure that will be specified in the certificate of fitness as its maximum permissible working pressure, he shall, by sealing or some other suitable method, ensure that the safety valve is so adjusted as to prevent the boiler, steam receiver or air receiver, as the case may be, from being operated at a pressure greater than that pressure. 46. (Repealed 67 of 1978 s. 22) Part VI Initial Determination of Maximum Permissible Working Pressure of Boilers and Pressure Vessels (Amended 87 of 1988 s. 34) 47. Initial determination of maximum permissible working pressure of boilers and pressure vessels (1) Where a new boiler or pressure vessel is being examined for the purposes of section 24, an appointed examiner shall determine the maximum permissible working pressure at which, in his opinion, the boiler or pressure vessel, as the case may be, may be operated. (Replaced 67 of 1978 s. 23)(2) Where, in accordance with the provisions of subsection (1), the maximum permissible working pressure of a boiler or pressure vessel has been determined, the appointed examiner who determined the same shall notify the Authority thereof.(3) The following provisions apply in relation to the determination under subsection (1) of the maximum permissible working pressure of a boiler or pressure vessel, namely—(a) where, in the opinion of the appointed examiner who is determining such pressure, it is necessary for him, in determining the same, to assess such pressure by calculation, the calculation shall be based on the formulae specified in a recognized engineering standard or code relating to boilers or pressure vessels, as the case may be, of the type or class in question, or, where, in relation to boilers or pressure vessels of the type or class in question, no formulae are so specified, on such formulae as the Authority specifies; (Amended 87 of 1988 ss. 30 & 34)(b) where the maximum permissible working pressure of a boiler or pressure vessel of unknown or uncertain origin or history has been assessed by calculation, the maximum permissible working pressure of the boiler or pressure vessel, when determined by the appointed examiner, shall not be greater than the pressure so assessed less 10%; and(c) regard shall be had to the age of the boiler or pressure vessel, as the case may be, and to its general condition, its history and the quality of the workmanship used in its construction and in any repairs that have been carried out in respect thereof.(Amended 87 of 1988 ss. 33, 35 & 36) 48. Appeals from determination of appointed examiner as to maximum permissible working pressure of boiler or pressure vessel (1) (a) The owner of a boiler or pressure vessel who considers himself aggrieved by the decision of an appointed examiner under section 47 as to the maximum permissible working pressure at which the boiler or pressure vessel may be operated may, not later than 7 days after he was notified of the decision, appeal to the Authority.(b) Every such appeal shall be in writing.(2) When, upon such an appeal, the Authority has determined the maximum permissible working pressure at which, in his opinion, the boiler or pressure vessel, as the case may be, may be operated, he shall notify thereof the owner of the boiler or pressure vessel and, upon the delivery to him by the owner of the boiler or pressure vessel of the certificate of fitness, if any, issued after the examination, shall, where necessary, amend the certificate so that it indicates the maximum permissible working pressure determined by him. (Amended 87 of 1988 s. 20)(3) The determination of the Authority upon such an appeal shall be final.(4) Where such an appeal has been made, the boiler or pressure vessel in question shall not, until the determination of the appeal, be operated at a pressure greater than the maximum permissible working pressure determined by the appointed examiner.(Amended 87 of 1988 ss. 33 & 35) 48A. Variation by Authority of determination of appointed examiner (1) Where—(a) a decision of an appointed examiner under section 47 relates to an uncertified boiler or pressure vessel; and(b) the Authority is of the opinion that it would not be safe to use the boiler or pressure vessel at the maximum permissible working pressure determined by the appointed examiner,the Authority may, within 30 days of being notified of that decision, reduce the maximum permissible working pressure to a pressure at which, in the opinion of the Authority, the boiler or pressure vessel may be operated. (2) Where, under subsection (1), the Authority reduces the maximum permissible working pressure of a boiler or pressure vessel, he shall notify the owner of the boiler or pressure vessel of that reduction and, upon delivery to him by the owner of the boiler or pressure vessel of the certificate of fitness, if any, issued after the examination, shall, where necessary, amend the certificate so that it indicates the maximum permissible working pressure as reduced by him.(Added 87 of 1988 s. 21) Part VII Offences and Penalties 49. Offences in relation to use and operation of boilers or pressure vessels (Section 49(3) not yet in operation)(1) No boiler or pressure vessel, other than a pressurized fuel container, shall be used or operated, except for the purposes of this Ordinance by or under the direction of the Authority or an appointed examiner, unless the boiler or pressure vessel and its auxiliary equipment has been examined in accordance with this Ordinance and a certificate of fitness has been issued in respect thereof after that examination.(2) No pressurized fuel container shall be used or operated, except for the purposes of this Ordinance by or under the direction of the Authority or an appointed examiner unless the pressurized fuel container has been examined in accordance with this Ordinance and has been certified in the manner provided by this Ordinance to be in safe working order.(3) No new pressurized fuel container shall be used or operated unless it has been approved by the Authority or is of a type or brand that has been approved by the Authority.(4) No boiler or pressure vessel shall be operated at a greater pressure than the pressure specified in the latest certificate of fitness issued in respect thereof as the maximum permissible working pressure at which the boiler or pressure vessel may be operated.(5) No boiler or pressure vessel shall be used or operated otherwise than in accordance with the conditions (if any) specified in the certificate of fitness issued after the last examination thereof for the purposes of this Ordinance.(6) No boiler or pressure vessel shall be used or operated during the continuance in force of an order in respect thereof made under section 32.(7) No boiler or steam receiver shall be operated except under the direct supervision of a competent person whose certificate of competency certifies that he is competent to operate all classes or types of boiler and steam receiver or that he is competent to operate boilers or steam receivers of the class or type in question.(8) In the event of a contravention of subsection (1), (2), (3), (5) or (7), the owner of the boiler or pressure vessel, as the case may be, shall be guilty of an offence and shall be liable on summary conviction to a fine at level 5. (Amended 18 of 1982 s. 5; E.R. 6 of 2022)(9) In the event of a contravention of subsection (4), the owner of the boiler or pressure vessel, as the case may be, shall be guilty of an offence and shall be liable on summary conviction to a fine at level 5 unless he shows to the satisfaction of the court that he did not know that the boiler or pressure vessel was being so operated and that he had taken all reasonable steps to prevent its being so operated. (Amended 18 of 1982 s. 5; E.R. 6 of 2022)(10) In the event of a contravention of subsection (6), the owner of the boiler or pressure vessel, as the case may be, shall be guilty of an offence and shall be liable on summary conviction to a fine at level 5. (Amended 18 of 1982 s. 5; E.R. 6 of 2022)(Amended 87 of 1988 ss. 31, 33 & 35) 50. Contravention of certain provisions of Ordinance to be an offence and penalty therefor (Section 50(3) not yet in operation.) (1) The owner of a boiler or pressure vessel who, without reasonable excuse, contravenes section 13, 15A, 16(2), 17, 62 or 63 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3. (Amended 93 of 1970 s. 6; 67 of 1978 s. 24; 87 of 1988 ss. 22 & 33)(2) The owner of a steam container who, without reasonable excuse, contravenes section 14, 15A or 62 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3. (Amended 93 of 1970 s. 6; 67 of 1978 s. 24)(3) The owner of a pressurized fuel container who, without reasonable excuse, contravenes section 19, 20(3) or 21 shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3. (Amended 87 of 1988 s. 31)(Amended 18 of 1982 s. 6; E.R. 1 of 2022) 51. Owner of boiler or pressure vessel to be guilty of offence in event of contravention of certain provisions of Ordinance or of certain conditions (1) In the event of a contravention of section 22, the owner of the boiler, pressure vessel, steam container, fuel burning installation or appliance, as the case may be, shall be guilty of an offence and shall be liable on summary conviction to a fine at level 4.(2) In the event of a contravention of section 48(4), the owner of the boiler or pressure vessel shall be guilty of an offence and shall be liable on summary conviction to a fine at level 5.(3) In the event of a contravention of a condition imposed on the grant of an exemption under section 9 or specified in an order made under section 10(1), the owner of the boiler or pressure vessel in question shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3.(Amended 18 of 1982 s. 7; 87 of 1988 s. 33; E.R. 1 of 2022) 52. Persons not to enter or be in certain boilers (1) No person shall enter or be in any boiler that is one of a range of 2 or more boilers unless—(a) all inlets through which steam, hot oil or hot water might otherwise enter the boiler from any other part of the range are disconnected from that part; or (Amended 87 of 1988 s. 23)(b) all valves or cocks controlling such entry are closed and securely locked, and, where the boiler has a blow-off pipe in common with one or more boilers or delivering into a common blow-off vessel or sump, the blow-off valve or cock on each such boiler is so constructed that it can be opened only by a key that cannot be removed until the valve or cock is closed and is the only key in use for that set of blow-off valves or cocks.(2) In the event of a contravention of subsection (1), the owner of the boiler shall be guilty of an offence and shall be liable on summary conviction to a fine at level 4. (Amended 18 of 1982 s. 8; E.R. 1 of 2022) 53. Offences in relation to use and operation of portable gas generators, etc. (1) Save with the permission of the Authority granted under section 59, no portable gas generator shall be used or operated.(2) In the event of a contravention of subsection (1), the owner of the portable gas generator shall be guilty of an offence and shall be liable on summary conviction to a fine at level 4.(3) In the event of a contravention of a condition imposed on the grant by the Authority under section 59 of his permission to use and operate a portable gas generator, the owner of the portable gas generator shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2.(Amended 18 of 1982 s. 9; 87 of 1988 s. 35; E.R. 1 of 2022) 54. Offences in relation to Boards of Inquiry Any person who, being duly summoned to attend as a witness any sitting of a Board of Inquiry or to produce any document or thing, refuses or neglects to do so or to answer any question put to him by or with the consent of the Board of Inquiry shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2 and to imprisonment for 6 months: (Amended 18 of 1982 s. 10; E.R. 1 of 2022)Provided that no person shall be bound to incriminate himself and every witness shall, in respect of any evidence given by him before a Board of Inquiry, be entitled to the same privileges as those to which he would have been entitled had he been giving evidence before a court of justice. 55. Miscellaneous offences and penalties therefor (1) Any person who—(a) forges a certificate of fitness or a certificate of competency or any notice or form delivered or sent to the Authority or an authorized officer pursuant to, or for the purposes of, this Ordinance or any other document required by, under or for the purposes of this Ordinance; (Amended 87 of 1988 s. 24)(b) makes or causes to be made in a certificate of fitness or in any such notice, form or document any statement or entry that is false in a material particular;(c) gives or signs a certificate of fitness or any such notice, form or document knowing it to be false in a material particular;(d) utters or makes use of a certificate of fitness or a certificate of competency or any such notice, form or document knowing the same to be forged or to be false in a material particular;(e) utters or makes use of as applying to a boiler or pressure vessel a certificate of fitness that to his knowledge does not so apply;(f) falsely certifies that he is satisfied that a pressurized fuel container is in safe working order;(g) applies to a pressurized fuel container a mark that to his knowledge indicates falsely the date on which the pressurized fuel container was examined in accordance with this Ordinance or that to his knowledge indicates falsely that the pressurized fuel container has been examined in accordance with this Ordinance;(h) utters or makes use of as applying to any person a certificate of competency that to his knowledge does not so apply;(i) personates the person named in a certificate of competency; or (j) wilfully obstructs or delays the Authority or an authorized officer in the exercise of any power conferred upon him by this Ordinance, (Amended 11 of 1965 s. 3; 18 of 1982 s. 11; 87 of 1988 s. 24)shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3 and to imprisonment for 12 months. (Amended 18 of 1982 s. 11; 87 of 1988 ss. 31 & 33)(2) Any person who, without reasonable excuse, fails to comply with a requirement made by the Authority or an authorized officer in the exercise of a power in that behalf conferred by this Ordinance shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3. (Amended 11 of 1965 s. 3; 18 of 1982 s. 11; 87 of 1988 s. 24)(Amended E.R. 1 of 2022) 56. Corruption (1) Any person who, by himself, or by or in conjunction with any other person, corruptly solicits or receives, or agrees to receive for himself, or for any other person, any gift, loan, fee, reward or advantage whatsoever as an inducement to, or reward for, or otherwise on account of a boiler inspector, an air receiver inspector or a pressurized fuel container inspector, other than such an inspector who is an officer or servant of a public body within the meaning of the Prevention of Bribery Ordinance (Cap. 201), giving a certificate of fitness or forbearing to make any report or notification required to be made by this Ordinance or doing or forbearing to do anything in respect of the giving of any such certificate or the making of any such report or notification, shall be guilty of an offence. (Amended 87 of 1988 s. 31)(2) Any person who, by himself, or by or in conjunction with any other person, corruptly gives, promises or offers any gift, loan, fee, reward or advantage whatsoever to any person, whether for the benefit of that person or another person, as an inducement to, or reward for, or otherwise on account of a boiler inspector, an air receiver inspector or a pressurized fuel container inspector, other than such an inspector who is an officer or servant of a public body within the meaning of the Prevention of Bribery Ordinance (Cap. 201), giving a certificate of fitness or forbearing to make any report or notification required to be made by this Ordinance or doing or forbearing to do anything in respect of the giving of any such certificate or the making of any such report or notification, shall be guilty of an offence. (Amended 87 of 1988 s. 31)(3) Any person who is guilty of an offence under subsection (1) or (2) shall be liable—(a) on summary conviction, to a fine at level 5 and to imprisonment for 2 years;

and(b) on conviction on indictment, to a fine at level 5 and to imprisonment for 5 years. (Amended 18 of 1982 s. 12; E.R. 6 of 2022)(4) A prosecution for an offence under this section shall not be instituted except by or with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997) 57. (Repealed 87 of 1988 s. 25) Part VIII Supplementary and Miscellaneous 58. Approval of pressurized fuel containers (1) Every application to the Authority for his approval of a pressurized fuel container or for his approval of a type or brand of pressurized fuel container shall be in writing.(2) For the purpose of his consideration of any such application, the Authority may require the person by or on behalf of whom the application was made to supply him with such particulars (including plans and drawings) as he specifies.(3) The Authority may refuse to approve a pressurized fuel container or a type or brand of pressurized fuel container if—(a) the person by or on behalf of whom the application for approval was made refuses or fails to supply him with any particulars that he has required under subsection (2);(b) the pressurized fuel container does not comply with a recognized engineering standard or code. (Amended 87 of 1988 s. 30)(4) Whenever the Authority approves a type or brand of pressurized fuel container, a notification thereof shall be published in the Gazette.(Amended 87 of 1988 ss. 31 & 35) 59. Portable gas generators (1) The Authority may, upon application in writing by any person, permit that person to use and operate a portable gas generator and may for the purpose of such application require that the portable gas generator be examined by an appointed examiner. (Amended 67 of 1978 s. 25)(2) The grant by the Authority under subsection (1) of his permission to use and operate a portable gas generator shall be subject to such conditions as to the operation, maintenance, inspection or otherwise of the portable gas generator as the Authority considers necessary.(3) In the event of a contravention of any such condition, the Authority may revoke his permission to use and operate the portable gas generator.(Amended 87 of 1988 s. 35) 60. (Repealed 87 of 1988 s. 26) 61. Owner of boiler, etc. to deliver latest certificate of fitness to examiner before next examination Whenever an appointed examiner is about to examine any boiler or pressure vessel, other than a pressurized fuel container, for the purposes of this Ordinance, the owner of the boiler or pressure vessel shall deliver to such examiner the latest certificate of fitness issued in respect thereof.(Amended 87 of 1988 ss. 31 & 33) 62. Certificate of fitness to be kept in premises at which boiler or pressure vessel in respect of which it was issued is installed Save as otherwise provided—(a) the owner of a boiler or pressure vessel, other than a boiler or pressure vessel that is so designed as to be transportable, and is transported, from one place to another, shall keep the latest certificate of fitness issued in respect of the boiler or pressure vessel, or a copy thereof, at the premises or place at which the boiler or pressure vessel is installed; and (Amended 87 of 1988 s. 33)(b) the owner of a steam container shall keep the report made after the last examination of the steam container for the purposes of this Ordinance, or a copy of that report, at the premises or place at which the steam container is installed. 63. Provisions as to notification of accidents and defects in boilers and pressure vessels (1) Where—(a) an accident occurs in or to a boiler or pressure vessel or its auxiliary equipment; or(b) the owner of a boiler or pressure vessel becomes aware of any defect therein or in its auxiliary equipment that is likely to cause danger to life or damage to property,the owner of the boiler or pressure vessel shall forthwith cause the use and operation thereof to be stopped and shall, as soon as practicable and in any event within 24 hours, notify the Authority of the accident or defect, as the case may be, and, where applicable, shall, at the same time, send to the Authority the latest certificate of fitness issued in respect of the boiler or pressure vessel.(2) Every such notice shall include the following particulars—(a) the address or place at which the boiler or pressure vessel is installed;(b) a general description of the boiler or pressure vessel;(c) the purpose for which the boiler or pressure vessel is or was used;(d) where applicable, the name and address of the appointed examiner who issued the latest certificate of fitness in respect of the boiler or pressure vessel;(e) in the case of an accident in or to a boiler or pressure vessel—(i) the number of persons killed or injured, if any;(ii) details of the part thereof that failed and the extent of failure generally, if known; and(iii) the pressure at which the same was being operated at the time of the accident; and(f) in the case of a defect in a boiler or pressure vessel, details of the nature of the defect.(Amended 87 of 1988 ss. 33 & 35) 64. Limitation of public liability and of personal liability of public officers (1) No liability shall rest upon the Government or upon any public officer by reason of the fact that a boiler or pressure vessel and its auxiliary equipment (if any) is registered or is subject to examination or testing under this Ordinance, or by reason of the carrying out by a boiler inspector, an air receiver inspector or a pressurized fuel container inspector, other than such an inspector who is a public officer, of an examination or test pursuant to this Ordinance or a requirement of the Authority made thereunder, or by reason of the carrying out by any other person of any repairs or other work in respect of a boiler or pressure vessel pursuant to or for the purposes of this Ordinance or by reason of any other matter or thing done, or any certificate or report given or made under this Ordinance, by a boiler inspector, an air receiver inspector or a pressurized fuel container inspector, other than such an inspector who is a public officer, or by any other person. (Amended 87 of 1988 ss. 31, 33 & 35)(2) No matter or thing done by the Authority or an authorized officer shall, if it was done bona fide for the purpose of executing this Ordinance, subject him personally to any action, liability, claim or demand whatsoever. (Amended 11 of 1965 s. 4; 67 of 1978 s. 26; 18 of 1982 s. 13; 87 of 1988 s. 27) 65. Regulations (1) The Authority may by regulation provide for— (Amended 78 of 1993 s. 3)(a) the design and construction of boilers and pressure vessels and their auxiliary equipment;(b) the numbering of boilers and pressure vessels and control of their operation;(c) fees. (Amended 87 of 1988 s. 34)(2) Regulations made under this section may provide that contravention of specified provisions of such regulations shall be an offence and may provide penalties therefor:Provided that no penalty so provided shall exceed a fine at level 5 and imprisonment for 2 years. (Amended 18 of 1982 s. 14; E.R. 1 of 2022)(3) (a) The amount of any fee prescribed in regulations made under subsection (1)(c)—(i) may be fixed at levels sufficient to effect the recovery of expenditure incurred or likely to be incurred by the Authority in performing his functions under this Ordinance;(ii) shall not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in relation to the application, service or facility, or other matter, to which such fee relates.(b) Different fees may be prescribed for different types of application, service or facility, or other matter, based on the manner in which they are made to the Authority or based on such other circumstances as are specified in those regulations. (Added 15 of 2002 s. 5) 66. Powers of Authority and inspectors, etc. (1) The Authority and an authorized officer shall have the following powers— (Amended 67 of 1978 s. 27; 18 of 1982 s. 15; 87 of 1988 s. 28)(a) at any time, to enter, and where necessary, in the presence of a police officer, to break into, any premises or place in which he knows or has reason to believe that there is a boiler or pressure vessel for the purpose of ascertaining whether or not the provisions of this Ordinance or any regulations made thereunder are being or have been complied with in respect of the boiler or pressure vessel or its auxiliary equipment;(b) at any time, to inspect, examine and test any boiler or pressure vessel and its auxiliary equipment;(c) to require the production of any certificate or other document issued, kept or made for the purposes of or in connection with this Ordinance, and to inspect, examine and make copies of the same; and(d) generally, to make such examination and inquiry as may be necessary to ascertain whether or not the provisions of this Ordinance or the regulations made thereunder are being or have been complied with in respect of any boiler or pressure vessel.(2) (Repealed 87 of 1988 s. 28)(3) An appointed examiner who is carrying out an examination of a boiler or pressure vessel and its auxiliary equipment for the purposes of this Ordinance may require the production of any certificate or other document issued, kept or made for the purposes of or in connection with this Ordinance.(4) A boiler inspector who is carrying out an examination of a pipe that conveys oil, steam or water under pressure to or from a boiler, steam receiver or steam container may require such minimum part of the lagging surrounding the pipe as he considers necessary to be removed. (Amended 87 of 1988 s. 28)(5) (a) Where an authorized officer or an appointed examiner is carrying out an examination of a boiler or pressure vessel pursuant to or for the purposes of this Ordinance, he may require— (Amended 18 of 1982 s. 15; 87 of 1988 s. 28)(i) the removal from the boiler or pressure vessel of stays, tubes, pipes or any other fittings that, in his opinion, prevent or may prevent him from making a thorough examination of the boiler or pressure vessel;(ii) the removal from the boiler or pressure vessel or its auxiliary equipment of lagging or brickwork or any other material covering any part thereof; and(iii) in order to enable him to ascertain the thickness or condition of any part of the boiler or pressure vessel, the drilling of test holes in the plates of the boiler or pressure vessel, the cutting of holes or the removal of rivets.(b) Any part of a boiler or pressure vessel that has been removed, and any holes that have been drilled or cut, pursuant to a requirement of an authorized officer or an appointed examiner under paragraph (a) shall be replaced and repaired, respectively, to the satisfaction of the authorized officer or the appointed examiner, as the case may be. (Amended 18 of 1982 s. 15; 87 of 1988 s. 28)(Amended 87 of 1988 s. 33) 67. Power of Authority to prescribe forms (1) The Authority may by order prescribe the form of a certificate of fitness and a certificate of competency and of any other document that is required by this Ordinance to be in the prescribed form. (Amended 87 of 1988 s. 36)(2) A notification of any order made under subsection (1) shall be published in the Gazette. 68. Service of orders and notices Wherever in this Ordinance provision is made for the service upon any person of an order or notice, it shall be sufficient service if a copy of the order or notice is—(a) delivered to the person upon whom it is to be served;(b) sent by registered post to the last known place of business or residence of such person;(c) left with an adult person at the premises at which the boiler or pressure vessel to which it relates is installed; or(d) left with any person found operating the boiler or pressure vessel to which it relates.(Amended 87 of 1988 s. 33) 69. Prosecution of offences (1) Prosecutions for offences under this Ordinance may be brought in the name of the Authority and may be commenced and conducted by any public officer appointed under section 13 of the Magistrates Ordinance (Cap. 227).(2) Nothing in this section shall derogate from the powers of the Secretary for Justice in relation to the prosecution of offences. (Amended L.N. 362 of 1997)(Replaced 87 of 1988 s. 29) 70. Saving of certain Ordinances This Ordinance shall be in addition to, and not in derogation of, the Factories and Industrial Undertakings Ordinance (Cap. 59), the Prevention of Bribery Ordinance (Cap. 201), and the Mining Ordinance (Cap. 285).