Hong Kong Ordinances

INDUSTRIAL TRAINING (CONSTRUCTION INDUSTRY) ORDINANCE - SECT 2

Interpretation and application

Caution: This is a past version. See the current version here.

(1) In this Ordinance, unless the context otherwise requires- "Authority"
(訓練局) means the Construction Industry Training Authority established by
section 4; "authorized person" (獲授權人) means-

   (a)  in relation to building or street works not carried out by or on
        behalf of the Crown, the authorized person appointed under section 4
        of the Buildings Ordinance ( Cap 123);

   (b)  in relation to construction works carried out by or on behalf of the
        Crown, the person appointed under section 34(1);

   (c)  in relation to other construction works, the person appointed under
        section 34(2); "building works" (建築工程) has the meaning
        assigned to it in section 2(1) of the Buildings Ordinance ( Cap 123);
        "chairman" (主席) means the chairman of the Authority appointed
        under section 8; "construction industry" (建造業) means the
        industry in which building works or construction works are carried
        out; "contractor" (承建商) means-

   (a)  in relation to building or street works not carried out by or on
        behalf of the Crown, the person appointed as contractor under
        section 9 of the Buildings Ordinance ( Cap 123);

   (b)  in relation to construction works carried out by or on behalf of the
        Crown, the person carrying out the construction works;

   (c)  in relation to other construction works, the person carrying out the
        construction works; "employer" (僱主) means any person who contracts
        with a contractor for the undertaking of construction works, or at
        whose request, or on whose behalf, any such works are undertaken and
        any person claiming under him whose rights are acquired after the
        commencement of the works; "financial year" (財政年度) means the
        period fixed by the Authority under section 15(2); "further penalty"
        (另加罰款) means the further penalty payable under section  27
        (1B); (Added 7 of 1981 s. 2) "levy" (徵款) means the construction
        industry training levy prescribed under section 22; "member" (委員)
        means a member of the Authority appointed under section 7; "penalty"
        (罰款) means the penalty payable under section 27(1A); (Added 7 of
        1981 s. 2) "street" (街道) has the meaning assigned to it in
        section 2(1) of the Buildings Ordinance ( Cap 123); "street works"
        (街道工程) has the meaning assigned to it in section 2(1) of the
        Buildings Ordinance ( Cap 123); "surcharge" (附加費) means the
        surcharge under section 26(7); "trade union" (職工會) means a trade
        union registered under the Trade Unions  Ordinance ( Cap 332); "value"
        (價值), in relation to any construction works, means the value of
        the construction works as assessed under this Ordinance.

(2) Subject to subsections (3) and (4), for the purposes of this Ordinance
"construction works" (建造工程) includes any kind of work involving or in
connexion with- (Amended L.N. 235 of 1996)

   (a)  building works;

   (b)  the laying out, construction, alteration or repair of any street,
        tunnel, airport runway, canal, reservoir, pipe-line, railway or
        tramway;

   (c)  trench works carried out by or for any public utility; and

   (d)  river training works.

(3) Notwithstanding subsection (2) and subject to any order made under
subsection (4), "construction works" (建造工程) shall not include-

   (a)  the installation, repair and maintenance of any-

        (i)    air conditioning plant;

        (ii)   electricity supply system, including the wiring, appliances and
               fittings;

        (iii)  lift, escalator or belt conveyor system;

        (iv)   fire services installation or equipment;

   (b)  manufacture, repair or maintenance of movable furniture;

   (c)  demolition.

(4) For the purposes of this Ordinance, the Governor may by order declare any
works-

   (a)  to be construction works; or

   (b)  not to be construction works.

(5) This Ordinance shall not apply to any construction works which were begun
before the commencement of this Ordinance. "Authority" (訓練局) "authorized
person" (獲授權人) "building works" (建築工程) "chairman" (主席)
"construction industry" (建造業) "contractor" (承建商) "employer"
(僱主) "financial year" (財政年度) "further penalty" (另加罰款)
"levy" (徵款) "member" (委員) "penalty" (罰款) "street" (街道) "street
works" (街道工程) "surcharge" (附加費) "trade union" (職工會)
"value" (價值) "construction works" (建造工程)