Cap. 59 sub. leg. O

Factories and Industrial Undertakings (Goods Lifts) Regulations(Cap. 59, section 7) [1 September 1976] L.N. 205 of 1976 (Format changes—E.R. 1 of 2013) 1. Citation These regulations may be cited as the Factories and Industrial Undertakings (Goods Lifts) Regulations. 2. Application (1) These regulations apply to—(a) a goods lift exempted under section 148(2) of the Lifts and Escalators Ordinance (Cap. 618); and(b) a service lift used in an industrial undertaking.(2) In paragraph (1)— (5 of 2023 s. 40)goods lift (載貨升降機) means a goods lift as defined by section 2(1) of the Lifts and Escalators Ordinance (Cap. 618);service lift (載物升降機) means a service lift as defined by section 2(1) of the Lifts and Escalators Ordinance (Cap. 618).(8 of 2012 ss. 156 & 160) 3. Interpretation In these regulations, unless the context otherwise requires—competent examiner (合資格檢驗員) in relation to the carrying out of any examination of a lift required by these regulations, means a person—(a) who is appointed for that purpose by the owner of the lift; and(b) who is a registered lift engineer as defined by section 2(1) of the Lifts and Escalators Ordinance (Cap. 618); (13 of 1995 s. 2; 8 of 2012 ss. 156 & 160)lift (升降機) means a lifting machine or appliance having a car or platform the direction of movement of which is restricted by a guide or guides;maintained (維修、保持) means maintained in an efficient state, in efficient working order and good repair;owner (擁有人), in relation to a lift, includes the proprietor of an industrial undertaking in which the lift is used, the lessee or hirer of the lift, and any agent or person in charge or having the control or management of the lift. 4. Construction The owner of a lift shall ensure that it is not put into operation or used unless—(a) it is of good mechanical construction and made of strong and sound materials; and(b) it is properly maintained. 5. Examination (1) The owner of a lift shall cause it to be thoroughly examined by a competent examiner at least once annually and a report of the examination to be entered in the register kept under regulation 6. (L.N. 162 of 1976)(2) Where an examination under paragraph (1) shows that the lift cannot be used with safety unless certain repairs are carried out immediately, or within a specified time, the examiner shall, not later than 28 days after the completion of the examination, send a copy of the report of the examination to the Commissioner. 6. Register of examination to be kept by owner (1) The owner of a lift required to be examined under regulation 5 shall keep a register containing a report of every examination carried out on the lift.(2) The register shall be in the form prescribed in the Schedule and each entry therein shall be signed by the person carrying out the examination.(3) On being requested to do so by an occupational safety officer, the owner of a lift shall produce the register for inspection. (32 of 2000 s. 48) 7. Liftway to be enclosed (1) The liftway of a lift shall be efficiently protected by a substantial enclosure fitted with doors. (L.N. 587 of 1995)(2) Every such door shall be fitted with an efficient locking device of such a type that—(a) the door cannot be opened except when the car or platform is at rest at the landing place to which the door gives access; and(b) the car or platform cannot be moved away from the landing place until the door is fully closed and locked.(3) Nothing in paragraph (2) shall prevent any such door from being opened—(a) in an emergency; or(b) during any period when the lift is being used solely for the purpose of repairs or examination under regulation 5,whether or not the car or platform is at rest at the lift landing place to which the door gives access.(4) The enclosure of a liftway shall be so constructed as to prevent, when the doors are closed, any person entering or falling down the liftway or coming into contact with any moving part of the lift.(5) The lift and the enclosure of the liftway shall be so constructed as to prevent any part of any goods carried in the car or platform from being trapped between any part of the car or platform and any of the moving parts of the lift or any fixed structure.(6) The owner of a lift shall ensure that it is not used unless it complies with paragraphs (1), (2), (4) and (5). 8. Lighting, stopping, prevention of overrunning (1) There shall be provided and maintained for every lift—(a) adequate lighting for the car or platform;(b) at each landing place, a “stop” switch or “stop” push for stopping the lift; and(c) automatic devices to prevent the lift from overrunning.(2) No operating switch shall be installed in or on the car or platform of the lift.(3) The owner of a lift shall ensure that the lift is not used unless it complies with paragraphs (1) and (2). 9. Overloading and carriage of persons (1) There shall be conspicuously displayed in or on the car or platform of a lift easily legible notices in English and Chinese stating—(a) the maximum working load which the lift can safely carry; and(b) that the carriage of persons in the lift is prohibited.(2) No load greater than the load stated in the notice under paragraph (1)(a) shall be carried in a lift.(3) No person shall travel, or cause or permit any other person to travel, in a lift.(4) The owner of a lift shall ensure that the lift is not used—(a) unless notices are displayed in accordance with paragraph (1); or(b) in breach of paragraph (2) or (3). 10. Duty of person engaged in operating lift to report defect Every person engaged in the operation of a lift shall report forthwith to the owner thereof any defect in the operation mechanism or safety devices fitted to the lift or liftway. 11. Offences by owners and others (1) An owner of a lift who contravenes regulation 4, 5(1), 7(6), 8(3) or 9(4) commits an offence and is liable on conviction to a fine at level 6. (5 of 2023 s. 41)(2) An owner of a lift who contravenes regulation 6 commits an offence and is liable on conviction to a fine at level 4. (5 of 2023 s. 41)(3) A person who contravenes regulation 9(2) or (3) or 10 commits an offence and is liable on conviction to a fine at level 5. (5 of 2023 s. 41)(4) Any person engaged in the operation of a lift who wilfully and without reasonable cause does anything likely to endanger himself or others shall be guilty of an offence and shall be liable on conviction to a fine at level 5.(5) Any person who knowingly misuses or interferes with any operation mechanism or safety device fitted to any part of a lift or liftway shall be guilty of an offence and shall be liable on conviction to a fine at level 5.(L.N. 325 of 1981; L.N. 33 of 1994; E.R. 1 of 2013) 12. Offences by competent examiners (1) A competent examiner who, having carried out an examination for the purposes of these regulations, fails to comply with regulation 5(2) commits an offence and is liable on conviction to a fine at level 5. (5 of 2023 s. 42)(1A) A competent examiner who, having carried out an examination for the purposes of these regulations, fails to sign, within a reasonable time after the examination, all entries in the relevant register kept under regulation 6(1) relating to the examination in compliance with regulation 6(2) commits an offence and is liable on conviction to a fine at level 3. (5 of 2023 s. 42)(2) Any competent examiner who, having carried out any examination for the purposes of these regulations—(a) delivers to the owner or makes a report of the examination; or(b) signs an entry in the register kept under regulation 6(1),that the examiner knows is false in a material particular commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 12 months. (71 of 1989 s. 13; 5 of 2023 s. 42)(L.N. 325 of 1981; L.N. 33 of 1994; E.R. 1 of 2013) 13. Saving The provisions of these regulations shall be in addition to and not in derogation of any of the provisions of the Buildings Ordinance (Cap. 123). Schedule [reg. 6(2)]Factories and Industrial Undertakings (Goods Lifts) Regulations Register Goods Lifts Report of Annual Thorough Examinations Form prescribed by the Commissioner for Labour for the purposes of regulation 6(2) of the Factories and Industrial Undertakings (Goods Lifts) Regulations Description of goods lift e.g. type, identification marks, maximum safe working load etc. Date of Examination Result of examination.Enter details of repairs required or defects. If none enter “in good order” Signature of person making or responsible for examination Date of entry in this Register (1) (2) (3) (4) (5) (L.N. 162 of 1976; L.N. 570 of 1995)