Page:Buildings Energy Efficiency Ordinance (Cap. 610).pdf/36

BUILDINGS ENERGY EFFICIENCY ORDINANCE (3) A person who not being a registered energy assessor—
 * (a) falsely takes or uses any name, title or description suggesting or implying that the person is a registered energy assessor;
 * (b) uses or knowingly permits the use of in connection with his or her business or profession any description, initials, abbreviations or words intended to cause, or which may reasonably cause, any person to believe that the person is a registered energy assessor; or
 * (c) advertises or represents himself or herself as a registered energy assessor or knowingly permits himself or herself to be so advertised or represented,

commits an offence.

(4) A person who commits an offence under this section is liable on conviction to a fine at level 6 and to imprisonment for 6 months.

50. Defence of due diligence

(1) In any legal proceedings against a person for an offence under this Ordinance, it is a defence for the person to show that he or she took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) If the defence under subsection (1) involves an allegation that the offence was due to—
 * (a) the act or default of another person; or
 * (b) reliance on information given by another person,

the person charged is not, without the leave of the court, entitled to rely on the defence unless the person has issued a notice in accordance with subsection (3).

(3) A notice issued for the purposes of subsection (2) must—
 * (a) identify or assist in the identification of the person who committed the act or default or gave the information; and
 * (b) be issued to the person bringing the legal proceedings at least 7 working days before the hearing of the proceedings.

(4) If the defence under subsection (1) involves an allegation that the offence was due to reliance on information given by another person, the defence is not established unless the person charged shows that it was reasonable in all the circumstances for him or her to rely on the information, having regard in particular to—
 * (a) the steps which the person took, and those which might reasonably have been taken by the person, for the purpose of verifying the information; and
 * (b) whether the person had any reason not to believe the information.