Full legislation
s.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
)
(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
)