3.—(1) Subject to the provisions of this paragraph, a fire safety engineer may publicise his practice.(2) A fire safety engineer shall not publicise his practice in a manner which —| (a) | is likely to diminish public confidence in the profession or to otherwise bring the profession into disrepute; | | (b) | may reasonably be regarded as being misleading, deceptive, inaccurate, false or unbefitting of the dignity of the profession; or | | (c) | is determined by the Commissioner to be an undesirable manner of publicising the practice of a fire safety engineer. |
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(3) For the purposes of sub-paragraph (2), publicity shall be considered to be misleading, deceptive, inaccurate or false if it —| (a) | contains a material misrepresentation; | | (b) | omits to state a material fact; | | (c) | contains any information which cannot be verified; or | | (d) | is likely to create an unjustified expectation about the results that can be achieved by the fire safety engineer. |
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(4) In publicising his practice, a fire safety engineer shall ensure that —| (a) | any claim to expertise or specialisation can be justified; | | (b) | the publicity does not make any direct or indirect mention of any project in which or client for whom —| (i) | the fire safety engineer is acting or has acted; or | | (ii) | any person assisting or who has assisted the fire safety engineer in his work is acting or has acted, |
| where the provision of such information will involve a breach of confidentiality owed to the client; and |
| | (c) | the publicity does not make any comparison or criticism in relation to the quality of the services provided by any other fire safety engineer. |
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(5) For the purpose of sub-paragraph (4)(a), the following factors shall be taken into account in justifying any claim to expertise or specialisation:| (a) | academic qualifications of the fire safety engineer; | | (b) | experience in supplying fire safety engineering services of a similar nature; | | (c) | resources and capacity to render the services which the fire safety engineer claims to have expertise or specialisation in; and | | (d) | such other matters as the Commissioner may determine to be relevant. |
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| (6) It shall be the responsibility of every fire safety engineer to ensure that any publicity relating to his practice complies with this paragraph, whether such publicity is conducted by him or by any other person on his behalf. |
| (7) Where a fire safety engineer becomes aware of any impropriety in any publicity relating to his practice, it shall be his responsibility to use his best endeavours to procure the rectification or withdrawal of the publicity, and to prevent its recurrence. |
| (8) The responsibility of a fire safety engineer under this paragraph shall not be capable of being delegated and the fire safety engineer shall remain personally responsible for any contravention of this paragraph notwithstanding the fact that he may have delegated such responsibilities to another person. |
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