Cap. 406 《電力條例》Electricity Ordinance

This Ordinance may be cited as the Electricity Ordinance.

(Omitted as spent—E.R. 7 of 2020)

Where the Director has reason to believe that an electrical installation has been involved in an electrical accident, he may by notice require its owner to give him a registered electrical worker’s report of the accident within 2 weeks after the date of the notice.

The registered electrical worker shall state in the accident report his opinion as to the cause of the accident and what remedial action in relation to a fixed electrical installation has been done by him or should be done to prevent a recurrence of the accident.

The Director may, after notifying the owner of an electrical installation of the reason, remove from premises any item that has been involved in an electrical accident and may retain the removed item for examination.

At the request of its owner, the Director shall return the retained item when he has completed his examination.

Unless the owner requests a return of the item removed under subsection (1) within 6 months after it was removed, the Director may dispose of it without compensation to the owner.

Where the Director has reasonable grounds to believe that an electrical installation—

he may by notice require the owner of the electrical installation to rectify the installation within a time specified in the notice.

If the installation is not rectified within the time specified under subsection (1), the Director may disconnect, or order the electricity supplier to disconnect, the electricity supply from all or part of the electrical installation.

Before disconnecting the electricity supply, the Director shall notify the owner of the reason for the disconnection.

Where the Director considers that there is an imminent risk of an electrical accident, he may without notice disconnect, or order the electricity supplier to disconnect, the electricity supply from an electrical installation.

At the request of the owner of the disconnected installation, the Director shall give the owner the reason for the disconnection within 2 weeks after the date of the request.

An owner of a fixed electrical installation shall not reconnect or cause or knowingly allow another person to reconnect the electricity supply to the fixed electrical installation disconnected under section 5 or 6 until the Director notifies the owner that he has received a certificate prepared and signed by a registered electrical worker in a form required by the Director certifying that the electrical installation complies with this Ordinance.

An owner does not contravene subsection (1) where he causes or allows a registered electrical worker to reconnect the electricity supply to the electrical installation for the purpose of testing the installation.

Where the Director is satisfied that an owner is capable of safely installing and maintaining his own fixed electrical installation, the Director may, by order, exempt the owner, his electrical installations, his electrical workers or any combination of them, from any of the provisions of this Ordinance relating to electrical installations.

The Director may make an exemption under subsection (1) subject to conditions specified in the order, and he may in the order modify the application of provisions of this Ordinance so far as is necessary to give effect to those provisions and conditions in light of the exemption.

If an electrical accident occurs involving an electricity supplier’s electrical installation, the supplier shall inform the Director within 3 days after the accident.

Within 4 weeks after the accident the supplier shall give the Director a report of the cause of the accident and what remedial action has been or will be done to prevent a recurrence of the accident.

If an unintended electricity supply interruption occurs, causing distress or inconvenience to the public, the electricity supplier shall, if requested by the Director and by a date specified by him, give the Director a report of the cause of the interruption and what remedial action has been or will be done to prevent a recurrence of the interruption.

The Director may by notice require an electricity supplier who receives electricity directly from a source outside of Hong Kong to inform the Director and any other person specified by the Director of a loss or impending loss of all or a portion of the electricity supply from that source or of an impending failure to receive an expected supply of electricity from that source and the Director may specify in the notice the type of information required and the method and frequency of reporting it.

An electricity supplier shall not connect the electricity supply to a fixed electrical installation unless he has inspected the installation and is satisfied that it is safe to do so.

Notwithstanding subsection (1), an electricity supplier may reconnect the electricity supply to a fixed electrical installation without inspection if the reconnection is made within a prescribed period after the disconnection, so long as the disconnection was for reasons other than safety or contravention of this Ordinance.

Where a fixed electrical installation complies with this Ordinance an electricity supplier shall, within a reasonable time after being requested to do so by the owner of the installation, connect the electricity supply to the installation.

Subsection (1) does not oblige an electricity supplier—

If an electricity supplier refuses to connect the electricity supply to an owner’s electrical installation, he shall give the owner the reason for the refusal.

If an electricity supplier has reasonable grounds to believe that a fixed electrical installation may contravene this Ordinance or may affect the safe and stable operation of the supplier’s or another person’s electrical installation, he may at a reasonable time enter premises to inspect the fixed electrical installation and he shall inform the owner of the electrical installation of the results of the inspection.

Notwithstanding any agreement between an electricity supplier and the owner of the installation, the owner is not obliged to allow the supplier to inspect his installation unless the supplier has given him at least 2 weeks notification of the proposed time of the inspection and includes in the notice the reason for the inspection.

Notwithstanding any agreement between an electricity supplier and the owner, instead of submitting to the inspection under subsection (1), the owner may arrange his own inspection and give the supplier an inspection report by a date not later than that set out in the notification under subsection (2).

The inspection report must be prepared and signed by a registered electrical worker in a form required by the Director and state the worker’s opinion on whether the fixed electrical installation contravenes this Ordinance or affects the safe and stable operation of the supplier’s or another person’s electrical installation.

If after an inspection is made under section 14(1) or (3) the electricity supplier considers that the fixed electrical installation contravenes this Ordinance or affects the safe and stable operation of another person’s electrical installation the supplier may by notice require the owner of the installation to rectify the problem by a date specified in the notice.

Within one week after rectifying the problem the owner shall give the supplier a certificate prepared and signed by a registered electrical worker in a form required by the Director certifying that the owner’s installation complies with this Ordinance.

If an owner—

the supplier may disconnect the electricity supply from the owner’s electrical installation.

The supplier shall notify the owner at least 2 weeks before the time of intended disconnection and he shall include in the notice the reason for the disconnection.

The supplier shall not disconnect under this section while an appeal under section 42 against the disconnection is pending.

If an appeal against disconnection is unsuccessful, the supplier shall notify the owner at least 2 days before the time of intended disconnection.

Where an electricity supplier considers that there is an imminent risk of electrical accident, he may without notice disconnect the electricity supply from an electrical installation and shall prevent, so far as is reasonably possible, unauthorized reconnection of the supply.

At the request of the owner of the disconnected installation, the supplier shall give the owner the reason for the disconnection within 2 weeks after the date of the request.

An electricity supplier may without notice disconnect the supply of electricity from all or part of an electrical installation if he considers it necessary to ensure the safe and stable operation of the supplier’s or another person’s electrical installation.

At the request of the owner of the disconnected installation, the supplier shall give the owner the reason for the disconnection within 2 weeks after the date of the request.

Within 2 weeks after the occurrence of an electrical accident that involves or affects a fixed electrical installation, the owner of the installation shall have the affected part of the installation inspected by a registered electrical worker.

Except in the case of a life threatening emergency the owner of the electrical installation shall not use or knowingly allow the use of the affected part of the installation until he has been given a certificate prepared and signed by a registered electrical worker in a form required by the Director certifying that the affected part of the owner’s installation complies with this Ordinance.

Within 2 weeks after the date of the certificate the owner shall give a copy of it to the Director.

An owner of an electrical installation shall not connect to his installation anything that he knows or ought reasonably to know is likely to cause an electrical accident.

Proof that a defendant connected something to his electrical installation that was likely to cause an electrical accident is, in the absence of evidence to the contrary, proof that the defendant knew or ought reasonably to have known that his connection of the thing was likely to cause an electrical accident.

If an owner knows that the condition of his electrical installation is likely to cause an electrical accident he shall immediately have it rectified.

The owner of a generating facility that is in use or on standby use shall register it with the Director unless it—

The Director shall issue a certificate of registration to the owner of a generating facility registered by him under this section.

An owner of a registered generating facility shall display at the facility a copy of the certificate of registration.

No person shall use an unregistered generating facility that is required to be registered under this section.

Where the Director considers that there is evidence that the owner of a registered generating facility has failed to rectify the generating facility within a time specified in a notice under section 5(1) or has failed to comply with section 21(3) or 22, he shall notify the owner specifying the evidence and advising the owner that he is entitled to a hearing or to submit a written representation and that if he intends to request a hearing or submit a representation he must do so within 4 weeks after the date of the Director’s notice.

Where the Director does not, within 4 weeks after the date of the notice sent under subsection (1), receive from the owner a request for a hearing, he may, after considering any written representation received from the owner, cancel the registration of the owner’s generating facility.

Where the Director, within 4 weeks after the date of the notice sent under subsection (1), receives from the owner a request for a hearing, he shall afford the owner a reasonable opportunity to be heard.

After the hearing or, where the owner fails without reasonable excuse to attend at the time set by the Director for the hearing, the Director may cancel the registration.

The Director shall notify the owner of his decision and the reasons for it.

(Repealed 12 of 1997 s. 3)

Where the Director is satisfied that an electrical product is not hazardous, he may, by notice in the Gazette, exempt it from any or all of the provisions of this Ordinance that relate to electrical products. (Amended 12 of 1997 s. 3)

Where the Director considers that an electrical product does not meet the prescribed safety requirements he may by notice in the Gazette prohibit its use or supply. (Amended 12 of 1997 s. 4)

Where, after 3 days have elapsed from the date of the Gazette containing the Director’s notice prohibiting the supply of an electrical product under subsection (1), a person supplies the product, the Director may seize it if, at the time of seizure, the supply of the product is still prohibited. (Replaced 12 of 1997 s. 4)

If no notice of appeal from the Director’s seizure of the product has been delivered within the time required under section 43(2), or where the Director’s action is upheld by the appeal board, the Director may dispose of the seized product without compensation to its owner.

Where an electrical product is seized under section 25(2), the Government shall, subject to section 25(3) and this section, be liable to compensate the owner of the electrical product for any loss or damage suffered by him as a result of the seizure.

In a proceeding against the Government in respect of a claim for compensation under subsection (1), the amount of the compensation recoverable shall be such amount as is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of—

No proceedings shall be maintainable in respect of a claim for compensation under subsection (1) unless—

A claim for compensation under this section may be made—

Where the Director has reasonable cause to suspect that in relation to an electrical product this Ordinance has been contravened he may remove the electrical product from premises other than domestic premises and retain the electrical product for testing.

After testing the retained electrical product, the Director shall return it to its owner or to the premises from which it was removed along with a notice of whether the product complies with this Ordinance.

Where the electrical product tested under subsection (1) is determined by the Director to be not in compliance with this Ordinance, the owner of the electrical product is, if the Director so notifies him when the product is returned, liable to the Government for the cost of testing the product and the cost is recoverable as a civil debt.

No person shall supply an electrical product— (Amended 12 of 1997 s. 6)

No person shall use an electrical product that he knows is prohibited under section 25.

In a prosecution under subsection (2) proof that a defendant used a prohibited electrical product is, in the absence of evidence to the contrary, proof that the defendant knew that the electrical product was prohibited.

Where the Director considers that an applicant is, in accordance with the regulations respecting registration, qualified to do electrical work in any grade, the Director shall register him as an electrical worker for that grade.

The Director shall issue to a registered electrical worker a certificate of registration on which the Director shall specify the grade of electrical work that the worker is entitled to do and, where the Director considers it appropriate, he shall also specify—

In addition to the electrical work that a registered electrical worker is entitled to do within the grade for which he is registered, the worker is entitled to do any other type of electrical work, or work on any type of electrical installation or premises, that the Director specifies on his certificate of registration.

The Director may specify on a registered electrical worker’s certificate of registration that the worker is only entitled to do electrical work on a particular installation, type of installation or type of premises for a specified period of time, notwithstanding the term of his registration.

Any person may, without charge, inspect the register of electrical workers.

A registered electrical worker must have the worker’s registration certificate or an equivalent document with him or her, or available at the workplace, while doing electrical work. (Replaced 22 of 2014 s. 47)

The Director may recognize any document specified by the Director as an equivalent document for the purposes of subsection (6). (Added 22 of 2014 s. 47)

If a recognition is made under subsection (6A), the Director may specify the circumstances under which the recognition takes effect. (Added 22 of 2014 s. 47)

Where the Director refuses to register or renew the registration of an applicant, he shall notify the applicant and in the notice give his reasons for refusal.

Subject to section 32, no person shall do personally or offer or undertake to do electrical work personally unless he is a registered electrical worker who is entitled by his certificate to do the work.

No person shall advertise or otherwise hold himself out as—

Where this Ordinance requires or authorizes a registered electrical worker to make a report or to certify something, before issuing the report or certificate, the worker shall submit the report or certificate to—

so that it can be endorsed as required by section 34(11).

If a person who is not a registered electrical worker works under the oral or written instruction of a registered electrical worker who is aware of and responsible for that person’s work, the person may do electrical work of the kind specified in the certificate of that registered electrical worker, but he shall not—

A person who is not a registered electrical worker may do electrical work on a fixed electrical installation while participating in a training course or tests of a university, polytechnic or tertiary educational institute, the Vocational Training Council or an institute, training centre, school or programme run or approved by the Director or by the Permanent Secretary for Education for instruction or testing involving electrical work. (Amended 3 of 2003 s. 41; L.N. 130 of 2007)

A person who is not a registered electrical worker may do electrical work that is necessary in relation to any kind of research done under the auspices of an organization or programme mentioned in or approved under subsection (2).

Where the Director considers that an applicant is qualified to do business as an electrical contractor to carry out electrical work, and that the person meets any qualifications that may be prescribed in the regulations respecting registration, the Director may register the person as an electrical contractor and shall issue to him a certificate of registration.

Where a partnership that is registered as an electrical contractor under subsection (1) acquires or loses a partner, the new partnership shall be deemed to continue to be registered under the name in which the original partnership was registered unless the Director, in a notice sent to the address on the register, states that he does not consider that the new partnership is qualified to be registered under subsection (1).

The registration of the new partnership as a registered electrical contractor shall become void 4 weeks after the Director sends a notice under subsection (2).

Any person may, without charge, inspect the register of electrical contractors.

Where the Director refuses to register or renew the registration of an applicant, he shall notify the applicant and in the notice give his reasons for refusal.

No person shall do business as an electrical contractor or contract to carry out electrical work unless he is a registered electrical contractor.

No person shall advertise or otherwise hold himself out as a registered electrical contractor if he is not a registered electrical contractor.

A registered electrical contractor shall not employ a person other than a registered electrical worker to do electrical work except as provided in section 32.

A registered electrical contractor and an owner referred to in section 35(3) shall ensure that no registered electrical worker employed by him shall do electrical work that the worker is not entitled to do under this Ordinance.

A registered electrical contractor and an owner referred to in section 35(3) shall not cause or knowingly allow—

to do electrical work in contravention of this Ordinance.

A registered electrical contractor and an owner referred to in section 35(3) shall effectively supervise a registered electrical worker employed by him.

A registered electrical contractor, when required by notice of the Director, shall produce for inspection any record, plan or document in his possession or under his control that the Director considers relevant for the purpose of enforcing this Ordinance.

A registered electrical contractor shall display in a prominent place at his principal place of business the original of his certificate of registration and a copy of his certificate of registration issued by the Director at each of his other places of business.

Subject to subsection (10)(b), a registered electrical contractor shall carry on his business as an electrical contractor only at and from each business address registered with the Director under the regulations.

Where a registered electrical contractor ceases to carry on business or where any of the following particulars change after the registration of an electrical contractor, the contractor shall notify the Director within 2 weeks afterward—

Where this Ordinance requires or authorizes a registered electrical worker to make a report or to certify something, the registered electrical contractor for whom the electrical work is done, or the owner in a case where section 35(3) applies, shall endorse the report or certificate.

Where the registered electrical contractor under subsection (11) is the same person as the registered electrical worker who made the report or certified something, he shall nevertheless endorse the report or certificate in his capacity as the contractor.

No person shall employ a person other than a registered electrical contractor to carry out electrical work.

Notwithstanding subsection (1), a registered electrical contractor may employ a registered electrical worker to do electrical work and may employ a person to do electrical work in the circumstances specified under section 32.

Notwithstanding subsection (1), an owner of an electrical installation may employ a registered electrical worker of the appropriate grade on a full time basis at a regular wage or salary to do electrical work on that installation.

Where the Director considers that there is evidence that a registered electrical worker or a registered electrical contractor has failed to comply with this Ordinance—

In accordance with section 37, the Director may cancel a registration if he considers that—

Where a registrant without reasonable excuse fails to pay a fine imposed on him under subsection (1) or section 41 on or before the time stipulated for payment, the Director may, in accordance with section 37, suspend his registration until the fine is paid.

A fine imposed under this section is recoverable as a civil debt.

Where the Director considers that there are grounds for taking action under section 36(1)(b), (2) or (3) he shall notify the registrant specifying the grounds and advising the registrant that he is entitled to a hearing or to submit a written representation and that if he intends to request a hearing or submit a representation he must do so within 4 weeks after the date of the Director’s notice.

Where the Director, in his notice under subsection (1) in respect of a proposed action under section 36(1)(b), states that the alleged failure, if proved or admitted, will not attract a penalty greater than that set out in the notice, the Director shall not impose a greater penalty.

Where the Director does not, within 4 weeks after the date of the notice sent under subsection (1), receive from the registrant a request for a hearing, he may, after considering any written representation from the registrant, impose the appropriate penalty under section 36.

Where the Director, within 4 weeks after the date of the notice sent under subsection (1), receives a request for a hearing, he shall afford the registrant a reasonable opportunity to be heard.

After the hearing or, where the registrant fails without reasonable excuse to attend at the time set by the Director for the hearing, the Director may exonerate the registrant or impose the appropriate penalty under section 36.

The Director shall notify the registrant of his decision and the reasons for it.

The Secretary for Environment and Ecology shall appoint members to a disciplinary tribunal panel based on the following numbers and categories— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

A public officer is not eligible for appointment to the disciplinary tribunal panel.

A member shall be appointed for a term of 3 years and may be reappointed at the end of a term.

Within 21 days after receipt of notice of a matter from the Director under section 36(1), the Secretary for Environment and Ecology shall appoint a disciplinary tribunal to hear the matter and the tribunal shall consist of one member from each category of the disciplinary tribunal panel. (Amended L.N. 106 of 2002)

The members shall elect a chairman from among themselves.

Each member shall be remunerated out of money provided by the Legislative Council for the purpose at a rate that the Secretary for Environment and Ecology may determine. (Amended L.N. 125 of 2004)

The chairman shall notify the registrant of the time and place of its hearing into the matter.

The registrant and the Director may be represented by an agent or legal representative at a proceeding before the disciplinary tribunal.

A legal adviser may be present at proceedings of the disciplinary tribunal to advise the chairman on any matter.

The disciplinary tribunal may, by notice under the signature of the chairman—

After concluding its hearing, the disciplinary tribunal may exonerate the registered electrical worker or contractor or may do one or more of the following—

The disciplinary tribunal may make any order it thinks fit with regard to the payment of costs of the proceedings under this section and the costs of the Director or of the registered electrical worker or contractor.

The disciplinary tribunal shall notify the registered electrical worker or registered electrical contractor of its decision and the reasons for it.

Where no notice of appeal has been delivered to the Director within the time required under section 43(2), the decision of the disciplinary tribunal takes effect at the expiration of that time.

Where a notice of appeal has been delivered to the Director within the time required under section 43(2), but the appellant abandons his appeal before the commencement of the hearing before the appeal board, the decision of the disciplinary tribunal takes effect on the day after the Director receives notice of the abandonment.

A fine imposed under this section and costs awarded or imposed under this section are recoverable as a civil debt.

A person who is aggrieved by a decision or action of an electricity supplier under sections 13 to 18 may appeal to the Director.

Within 2 weeks after receiving a notice or reason from an electricity supplier under a section referred to in subsection (1), the appellant shall deliver to the Director a notice of appeal stating the substance of the matter and reasons for the appeal.

Unless the Director decides otherwise, an appeal under this section in relation to a decision or action under section 13, 17 or 18 does not suspend the supplier’s decision or action.

The Director may by notice to any person require that person to attend before him and provide documents and give evidence relevant to an appeal under this section.

The Director may—

The Director shall notify the appellant and the supplier of his decision and the reasons for it.

A person who is aggrieved by a decision or action of the Director or a decision of a disciplinary tribunal under this Ordinance may appeal to the appeal board appointed under section 45.

Within 4 weeks after the decision or action of the Director or the decision of the disciplinary tribunal, the appellant shall deliver to the Director a notice of appeal stating the substance of the matter and reasons for the appeal.

After receiving the notice of appeal the Director shall forward it to the Secretary for Environment and Ecology. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

An appeal under this section against a decision of the Director does not suspend the Director’s decision unless he decides otherwise.

The Secretary for Environment and Ecology shall appoint members to an appeal board panel based on the following numbers and categories— (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

A public officer is not eligible for appointment to the appeal board panel.

A member shall be appointed for a term of 3 years and may be reappointed at the end of a term.

Within 21 days after receipt of a notice of appeal from the Director under section 43(3), the Secretary for Environment and Ecology shall appoint an appeal board to hear the appeal and the board shall consist of a public officer and one member from each category of the appeal board panel. (Amended L.N. 106 of 2002)

In respect of an appeal from a decision of a disciplinary tribunal, the Secretary for Environment and Ecology shall not appoint to the appeal board a person who was on the disciplinary tribunal whose decision is being appealed. (Amended L.N. 106 of 2002)

The members shall elect a chairman from among themselves.

The quorum of an appeal board is 6 members.

Each member other than the public officer shall be remunerated out of money provided by the Legislative Council for the purpose at a rate that the Secretary for Environment and Ecology may determine. (Amended L.N. 125 of 2004)

The chairman shall notify the appellant of the time and place of its hearing of the appeal.

The appellant and the Director may be represented by an agent or legal representative at a proceeding before the appeal board.

The appellant and the Director may adduce evidence at an appeal from a decision of the Director.

The appellant and the Director may appear and make representations at an appeal from a decision of the disciplinary tribunal but they shall not adduce evidence unless the appeal board consents.

A legal adviser may be present at proceedings of an appeal board to advise the chairman on any matter.

The appeal board may, by notice under the signature of the chairman—

The appeal board may—

The appeal board may make any order it thinks fit with regard to the payment of costs of the proceedings under this section and the costs of the Director or of any person in respect of whom the proceedings are brought.

The appeal board shall notify the appellant and the Director of its decision and the reasons for it.

A fine imposed under this section and costs awarded or imposed under this section are recoverable as a civil debt.

The Director may at a reasonable time enter premises to inspect an electrical installation but an owner of an electrical installation is not obliged to allow the Director to inspect his installation unless the Director has given him at least 2 weeks notification of the proposed time of the inspection and includes in the notice the reason for the inspection.

In order to investigate an electrical accident, the Director may enter premises to inspect an electrical installation.

For the purposes of effecting entry in pursuance of the powers under subsection (2) and sections 4(1), 5(2), 16(1) and (4), 41(1)(c) and 47(1)(c) and (d) the Director, an electricity supplier or a person authorized by a disciplinary tribunal or by an appeal board may without notice or further notice enter premises.

For the purposes of effecting entry in pursuance of the powers under sections 6, 17(1) and 18(1) the Director or an electricity supplier may without notice enter premises using such force as is necessary in the circumstances.

If a magistrate is satisfied that it is necessary or desirable for the purposes of carrying out powers and duties under this Ordinance, he may issue a warrant authorizing a person to enter premises to inspect an electrical installation or product or to obtain information or documents.

A warrant under subsection (5) continues in force until the earlier of the purpose for which it was issued is satisfied or 6 months after its date of issue.

The Director, an employee or agent of an electricity supplier or a person authorized by a disciplinary tribunal or an appeal board, in entering premises under this Ordinance, may take with him any other person necessary to assist him in carrying out his powers and duties under this Ordinance.

Where a notice, reason, report or request is authorized or required under section 3, 4(1), 5(1) or (3), 6(2), 8(1), 10(2), 11, 13(3), 14(2) or (3), 15(1), 16(2) or (4), 17(2), 18(2), 19(3), 23(1), (2) or (5), 25(2), 27, 28, 33(2) and (3), 34(7) and (10), 37(1), (3) or (6), 40(1), 41(4), 42(4) or (6), 43(2), 46(1), 47(4) or 49(1) the person required or authorized to give the notice, reason, report, or request shall do so in writing.

A notice or other document of the Director or an electricity supplier shall be in Chinese and English but a notice or other document between the Director and an electricity supplier may be in either language.

A person who contravenes section 7, 10, 11(1), 13, 16(2), (3) or (4), 17(2), 18(2), 19(3), 21(1), (3) or (4), 22, 29(1)(b) or 54 commits an offence.

An owner of an electrical installation who fails to comply with a requirement of the Director under section 3(1) commits an offence.

An electricity supplier who fails to notify an owner under section 5(3) commits an offence.

An electricity supplier who fails to comply with an order of the Director under section 42(5)(c) commits an offence.

A person who puts a fuse in a fixed electrical installation where the fuse is of a higher rating than the circuit is designed for commits an offence.

A person who commits an offence under this section is liable to a fine at level 3. (Amended E.R. 7 of 2020)

A person who contravenes section 8(1), 12(1), 19(1) or (2), 20(1) or (3), 29(2), 31(1) or (2), 34(1), (2), (3), (4), (5), (6) or (7) or 35(1) commits an offence. (Amended 12 of 1997 s. 9)

A person who, without authorization from the supplier, the Director or the appeal board reconnects or causes or knowingly allows the reconnection of an electrical installation disconnected under section 16(1), 17(1) or 18(1) commits an offence.

A person who connects or causes or knowingly allows a person to connect an electrical installation to another person’s electrical installation without his consent, commits an offence.

A person who intentionally interferes with an electricity supplier’s electrical installation without the supplier’s consent, commits an offence.

An owner who fails to comply with a condition of an exemption made under section 9 commits an offence.

An electricity supplier who fails to comply with a notice of the Director under section 11(2) commits an offence.

A person who without reasonable excuse—

under section 28, 41(1)(a) or (b), 42(4) or 47(1)(a) or (b) commits an offence.

Where a corporation commits an offence under this Ordinance, each director and officer of the corporation is guilty of the offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such due diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

A person who commits an offence under this section is liable to a fine at level 5 on a first conviction and a fine at level 6 on a subsequent conviction for the same offence and in either case is liable to imprisonment for 6 months. (Amended E.R. 7 of 2020)

It is a defence in a proceeding against a person for an offence under section 56A or section 55(1) regarding a contravention of section 29(1)(b) if the person charged shows that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

Where in any proceedings the defence under subsection (1) involves an allegation that the commission of the offence was due—

the person charged is not, without the leave of the court, entitled to rely on the defence unless, not less than 7 clear working days before the hearing of the proceedings, he has served a notice on the person bringing the proceedings giving such information identifying or assisting in the identification of the person who committed the act or default or gave the information that was in the possession of the person serving the notice at the time he served it.

A person is not entitled to rely on the defence under subsection (1) by reason of his reliance on information given by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular—

The Chief Executive in Council may make regulations for the general purposes of this Ordinance including regulations for all or any of the following matters— (Amended 61 of 2000 s. 3)

The Chief Executive in Council may make regulations under subsection (1)(d) to (i) for an area of Hong Kong that the Director of Housing may, by notice in the Gazette, designate as a special area for the purpose of this subsection. (Amended 61 of 2000 s. 3)

Where a code or standard is adopted by reference under subsection (1)(o) the Director shall publish a notice in the Gazette specifying where copies of the code or standard can be obtained.

Subject to subsections (5) and (8), regulations under this section may provide for a penalty not exceeding those set out in section 56(9) for a contravention of a regulation. (Amended 12 of 1997 s. 11; 69 of 1999 s. 4)

Where a penalty is imposed for a contravention of the Electrical Products (Safety) Regulation (Cap. 406 sub. leg. G), the penalty may not exceed those set out in section 56A. (Added 12 of 1997 s. 11)

Subject to subsection (7), the Secretary for Environment and Ecology may by order in the Gazette amend any provision contained in Schedules to regulations made under this Ordinance. (Added 12 of 1997 s. 11. Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

The power to amend provisions contained in Schedules to regulations made under this Ordinance shall not include a power to impose a fee or charge nor a power to increase or decrease or otherwise vary or repeal any fee or charge specified or referred to in any provision contained in those Schedules. (Added 12 of 1997 s. 11)

Regulations made for the purposes of subsection (1)(ia) shall be subject to the approval of the Legislative Council and—