CONSTRUCTION WORKERS REGISTRATION ORDINANCE - CHAPTER 583 CONSTRUCTION WORKERS REGISTRATION ORDINANCE - LONG TITLE Long title VerDate: An Ordinance to provide for the registration of construction workers; the establishment of a Construction Workers Registration Authority; a levy to be paid by contractors in respect of construction operations; the regulation of construction workers personally carrying out construction work; and for related matters. [Sections 1, 2, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23(4) and (5), 36, 37, 60, 61, 62, 63, 64, 65, 66, 67 and Schedules 1 (except item 51 of Part 1), 2, 3, and 4 } } 18 September 2004 L.N. 147 of 2004 Sections 22, 23(1), (2) and (3), 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 68 } 24 February 2005 L.N. 196 of 2004 Sections 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 49, 50, 51, 52, 53, 54, 55, 56, 57, 59 and 69 } 29 December 2005 L.N. 167 of 2005 Item 51 of Part 1 of Schedule 1 } 28 February 2007 L.N. 4 of 2007 Section 3(1) Section 5 (in so far as it relates to employing a person to personally carry out on a construction site construction work in contravention of section 3(1)) Section 6(1) (in so far as it relates to the contravention of section 3(1)) Section 6(2) (in so far as it relates to the contravention of section 5 (to the extent that it is in operation under paragraph (b))) Section 6(3) Section 6(4) (in so far as it relates to the contravention of section 3(1) or the contravention of section 5 (to the extent that it is in operation under paragraph (b))) Section 6(5), (6), (7) and (8)(a) Section 48 (except paragraphs (b), (c) and (d) of subsection (1)) Section 58 } } } } } } } } } 1 September 2007 L.N. 93 of 2007] (Originally 18 of 2004) CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 1 Short title and commencement VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. PART 1 PRELIMINARY (1) This Ordinance may be cited as the Construction Workers Registration Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Development by notice published in the Gazette. (Amended L.N. 130 of 2007) CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 1 Short title and commencement VerDate:18/09/2004 PART 1 PRELIMINARY (1) This Ordinance may be cited as the Construction Workers Registration Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for the Environment, Transport and Works by notice published in the Gazette. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 2 Interpretation VerDate:01/01/2008 (1) In this Ordinance, unless the context otherwise requires— "Appeal Board" (上訴委員會) means a Construction Workers Appeal Board appointed under section 54(1); "Appeal Board panel" (上訴委員團) means the Appeal Board panel appointed under section 53(1); "Authority" (管理局) means the Construction Workers Registration Authority established by section 7(1); "authorized officer" (獲授權人員) means a person who is appointed under section 16(1); "Building Authority" (建築事務監督) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); "building services work" (建築物裝備工程) means— (a) any heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, refuse collection, water supply, fire protection, security, communications, lift or escalator installation or works; or (b) any other extra low voltage installation or works; "building works" (建築工程) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); "business day" (工作日) means a day that is not— (a) a general holiday; or (b) a black rainstorm warning day, or a gale warning day, within the meaning of section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1); "CIC" (議會) means the Construction Industry Council established by section 4 of the Construction Industry Council Ordinance (Cap 587); (Added 12 of 2006 s. 84) "CITA" (建訓局) means the Construction Industry Training Authority established by section 4 of the Industrial Training (Construction Industry) Ordinance (Cap 317) and in existence before the commencement* of section 71 of the Construction Industry Council Ordinance (Cap 587); (Amended 12 of 2006 s. 84) "committee" (委員會) means a committee established under section 8(2)(a); "construction site" (建造工地) means a place where construction work is, or is to be, carried out but, except in relation to sections 17 and 18, excludes such a place where— (a) in the case of construction work falling within paragraph (a) or (b) of the definition of "construction work" in this section— (i) in respect of which the Buildings Ordinance (Cap 123) applies; and (ii) which may not, by virtue of section 41(3) or (3A) of that Ordinance, be carried out without application to or approval from the Building Authority, a certificate, referred to in paragraph (2) or (3) of regulation 25, or in paragraph (2) of regulation 26, of the Building (Administration) Regulations (Cap 123 sub. leg. A), in respect of the construction work has been sent to the Building Authority in accordance with that paragraph, or a certificate, referred to in paragraph (4) of regulation 25 of those Regulations, in respect of the construction work has been made in accordance with that paragraph; (b) in the case of any other construction work falling within paragraph (a) or (b) of that definition, a certificate of substantial completion of contract has been issued in accordance with the terms of the contract under which the construction work is carried out; "construction work" (建造工作)— (a) means— (i) the construction, erection, installation or reconstruction of any specified structure; (ii) the addition, renewal, alteration, repair, dismantling or demolition of any specified structure that involves the structure of the specified structure or any other specified structure; (iii) any building operation involved in preparing for any operation referred to in subparagraph (i) or (ii), including laying of foundations, excavation of earth and rock prior to laying of foundations, site clearance, site investigation, site restoration, earthmoving, tunneling, boring, scaffolding and provision of access; or (iv) any building operation, or building services work, forming an integral part of, or rendering complete, any operation referred to in subparagraph (i) or (ii), but excludes building works in respect of which a certificate of exemption is issued under the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121); (b) means any building services work that involves the structure of any specified structure; or (c) means any maintenance work, carried out under a term contract for maintenance, of any specified structure owned by, or otherwise belonging to, a public body or a specified body; "designated trade" (指定工種) means a trade or an occupation set out in column 1 of Part 1, 2 or 3 of Schedule 1; "domestic premises" (住用處所) means premises used or intended to be used solely or principally for residential purposes and constituting a separate household unit; "extra low voltage" (特低壓) means voltage normally not exceeding— (a) 50V root mean square alternating current; or (b) 120V direct current, between conductors or between a conductor and earth; "further penalty" (附加罰款) means the further penalty payable under section 27(3); "levy" (徵款) means the levy imposed under section 23; "low voltage" (低壓) means voltage normally exceeding extra low voltage but normally not exceeding— (a) between conductors, 1000V root mean square alternating current or 1500V direct current; or (b) between a conductor and earth, 600V root mean square alternating current or 900V direct current; "officer" (高級人員), in relation to a body corporate, includes a director, manager or secretary; "penalty" (罰款) means the penalty payable under section 27(2); "practicable" (切實可行) means reasonably practicable; "principal contractor" (總承建商), in relation to a construction site, means the person who undertakes on the site construction work under a contract, or term contract for maintenance, that is entered into by the person directly with— (a) an owner, occupier or developer of the property within the site; or (b) an agent or architect, surveyor or engineer of such an owner, occupier or developer; "Qualifications Committee" (資格評審委員會) means the Construction Workers Qualifications Committee established by section 12(1); "Register" (名冊) means the Register of Construction Workers established under section 37(1)(a); "registered construction worker" (註冊建造業工人) means— (a) a registered skilled worker for a designated trade; (b) a registered skilled worker (provisional) for a designated trade; (c) a registered semi-skilled worker for a designated trade; (d) a registered semi-skilled worker (provisional) for a designated trade; or (e) a registered general worker; "registered general worker" (註冊普通工人) means a person whose name is entered in the Register as a registered general worker; "registered semi-skilled worker" (註冊半熟練技工), in relation to a designated trade, means a person whose name is entered in the Register as a registered semi-skilled worker for the trade; "registered semi-skilled worker (provisional)" (註冊半熟練技工(臨時)), in relation to a designated trade, means a person whose name is entered in the Register as a registered semi-skilled worker (provisional) for the trade; "registered skilled worker" (註冊熟練技工), in relation to a designated trade, means a person whose name is entered in the Register as a registered skilled worker for the trade; "registered skilled worker (provisional)" (註冊熟練技工(臨時)), in relation to a designated trade, means a person whose name is entered in the Register as a registered skilled worker (provisional) for the trade; "Registrar" (註冊主任) means the Registrar of Construction Workers appointed under section 36(1); "registration" (註冊) means registration under this Ordinance as a registered construction worker, and "registered" (註冊) shall be construed accordingly; "registration card" (註冊證) means a registration card issued under section 46(1); "Review Committee" (覆核委員會) means the Construction Workers Review Committee established by section 14(1); "Secretary" (局長) means the Secretary for Development; (Amended L.N. 130 of 2007) "specified" (指明), in relation to a form, means specified under section 62; "specified body" (指明機構) means a body set out in Schedule 2; "specified structure" (指明構築物) means any structure or works set out in Schedule 3; "street works" (街道工程) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); "sub-contractor" (分包商), in relation to a principal contractor, means any person who enters into a contract with another person (whether or not the principal contractor) to undertake all or any part of the construction work that the principal contractor has undertaken; "surcharge" (附加費) means the surcharge imposed under section 26(8); "term contract for maintenance" (固定期保養合約) means a contract for a fixed term— (a) which is made between a person and a public body or specified body; and (b) under which the person shall, during the term, undertake maintenance work in respect of a specified structure owned by, or otherwise belonging to, the body, as required by the body in writing from time to time; "VTC" (職訓局) means the Vocational Training Council established by section 4 of the Vocational Training Council Ordinance (Cap 1130). (2) For the avoidance of doubt, it is declared that the provisions of this Ordinance applicable to or in relation to a designated trade, or any part of a designated trade, are additional to the provisions of any other Ordinances applicable to or in relation to the trade, or any part of the trade. ___________________________________________________________________________ ____ * Commencement date: 1 January 2008. "Appeal Board" (上訴委員會) "Appeal Board panel" (上訴委員團) "Authority" (管理局) "authorized officer" (獲授權人員) "Building Authority" (建築事務監督) "building services work" (建築物裝備工程) "building works" (建築工程) "business day" (工作日) "CIC" (議會) "CITA" (建訓局) "committee" (委員會) "construction site" (建造工地) "construction work" (建造工作) "designated trade" (指定工種) "domestic premises" (住用處所) "extra low voltage" (特低壓) "further penalty" (附加罰款) "levy" (徵款) "low voltage" (低壓) "officer" (高級人員) "penalty" (罰款) "practicable" (切實可行) "principal contractor" (總承建商) "Qualifications Committee" (資格評審委員會) "Register" (名冊) "registered construction worker" (註冊建造業工人) "registered general worker" (註冊普通工人) "registered semi-skilled worker" (註冊半熟練技工) "registered semi-skilled worker (provisional)" (註冊半熟練技工(臨時)) "registered skilled worker" (註冊熟練技工) "registered skilled worker (provisional)" (註冊熟練技工(臨時)) "Registrar" (註冊主任) "registration" (註冊) "registered" (註冊) "registration card" (註冊證) "Review Committee" (覆核委員會) "Secretary" (局長) "specified" (指明) "specified body" (指明機構) "specified structure" (指明構築物) "street works" (街道工程) "sub-contractor" (分包商) "surcharge" (附加費) "term contract for maintenance" (固定期保養合約) "VTC" (職訓局) CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 2 Interpretation VerDate:01/07/2007 (1) In this Ordinance, unless the context otherwise requires— "Appeal Board" (上訴委員會) means a Construction Workers Appeal Board appointed under section 54(1); "Appeal Board panel" (上訴委員團) means the Appeal Board panel appointed under section 53(1); "Authority" (管理局) means the Construction Workers Registration Authority established by section 7(1); "authorized officer" (獲授權人員) means a person who is appointed under section 16(1); "Building Authority" (建築事務監督) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); "building services work" (建築物裝備工程) means— (a) any heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, refuse collection, water supply, fire protection, security, communications, lift or escalator installation or works; or (b) any other extra low voltage installation or works; "building works" (建築工程) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); "business day" (工作日) means a day that is not— (a) a general holiday; or (b) a black rainstorm warning day, or a gale warning day, within the meaning of section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1); "CITA" (建訓局) means the Construction Industry Training Authority established by section 4 of the Industrial Training (Construction Industry) Ordinance (Cap 317); "committee" (委員會) means a committee established under section 8(2)(a); "construction site" (建造工地) means a place where construction work is, or is to be, carried out but, except in relation to sections 17 and 18, excludes such a place where— (a) in the case of construction work falling within paragraph (a) or (b) of the definition of "construction work" in this section— (i) in respect of which the Buildings Ordinance (Cap 123) applies; and (ii) which may not, by virtue of section 41(3) or (3A) of that Ordinance, be carried out without application to or approval from the Building Authority, a certificate, referred to in paragraph (2) or (3) of regulation 25, or in paragraph (2) of regulation 26, of the Building (Administration) Regulations (Cap 123 sub. leg. A), in respect of the construction work has been sent to the Building Authority in accordance with that paragraph, or a certificate, referred to in paragraph (4) of regulation 25 of those Regulations, in respect of the construction work has been made in accordance with that paragraph; (b) in the case of any other construction work falling within paragraph (a) or (b) of that definition, a certificate of substantial completion of contract has been issued in accordance with the terms of the contract under which the construction work is carried out; "construction work" (建造工作)— (a) means— (i) the construction, erection, installation or reconstruction of any specified structure; (ii) the addition, renewal, alteration, repair, dismantling or demolition of any specified structure that involves the structure of the specified structure or any other specified structure; (iii) any building operation involved in preparing for any operation referred to in subparagraph (i) or (ii), including laying of foundations, excavation of earth and rock prior to laying of foundations, site clearance, site investigation, site restoration, earthmoving, tunneling, boring, scaffolding and provision of access; or (iv) any building operation, or building services work, forming an integral part of, or rendering complete, any operation referred to in subparagraph (i) or (ii), but excludes building works in respect of which a certificate of exemption is issued under the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121); (b) means any building services work that involves the structure of any specified structure; or (c) means any maintenance work, carried out under a term contract for maintenance, of any specified structure owned by, or otherwise belonging to, a public body or a specified body; "designated trade" (指定工種) means a trade or an occupation set out in column 1 of Part 1, 2 or 3 of Schedule 1; "domestic premises" (住用處所) means premises used or intended to be used solely or principally for residential purposes and constituting a separate household unit; "extra low voltage" (特低壓) means voltage normally not exceeding— (a) 50V root mean square alternating current; or (b) 120V direct current, between conductors or between a conductor and earth; "further penalty" (附加罰款) means the further penalty payable under section 27(3); "levy" (徵款) means the levy imposed under section 23; "low voltage" (低壓) means voltage normally exceeding extra low voltage but normally not exceeding— (a) between conductors, 1000V root mean square alternating current or 1500V direct current; or (b) between a conductor and earth, 600V root mean square alternating current or 900V direct current; "officer" (高級人員), in relation to a body corporate, includes a director, manager or secretary; "penalty" (罰款) means the penalty payable under section 27(2); "practicable" (切實可行) means reasonably practicable; "principal contractor" (總承建商), in relation to a construction site, means the person who undertakes on the site construction work under a contract, or term contract for maintenance, that is entered into by the person directly with— (a) an owner, occupier or developer of the property within the site; or (b) an agent or architect, surveyor or engineer of such an owner, occupier or developer; "Qualifications Committee" (資格評審委員會) means the Construction Workers Qualifications Committee established by section 12(1); "Register" (名冊) means the Register of Construction Workers established under section 37(1)(a); "registered construction worker" (註冊建造業工人) means— (a) a registered skilled worker for a designated trade; (b) a registered skilled worker (provisional) for a designated trade; (c) a registered semi-skilled worker for a designated trade; (d) a registered semi-skilled worker (provisional) for a designated trade; or (e) a registered general worker; "registered general worker" (註冊普通工人) means a person whose name is entered in the Register as a registered general worker; "registered semi-skilled worker" (註冊半熟練技工), in relation to a designated trade, means a person whose name is entered in the Register as a registered semi-skilled worker for the trade; "registered semi-skilled worker (provisional)" (註冊半熟練技工(臨時)), in relation to a designated trade, means a person whose name is entered in the Register as a registered semi-skilled worker (provisional) for the trade; "registered skilled worker" (註冊熟練技工), in relation to a designated trade, means a person whose name is entered in the Register as a registered skilled worker for the trade; "registered skilled worker (provisional)" (註冊熟練技工(臨時)), in relation to a designated trade, means a person whose name is entered in the Register as a registered skilled worker (provisional) for the trade; "Registrar" (註冊主任) means the Registrar of Construction Workers appointed under section 36(1); "registration" (註冊) means registration under this Ordinance as a registered construction worker, and "registered" (註冊) shall be construed accordingly; "registration card" (註冊證) means a registration card issued under section 46(1); "Review Committee" (覆核委員會) means the Construction Workers Review Committee established by section 14(1); "Secretary" (局長) means the Secretary for Development; (Amended L.N. 130 of 2007) "specified" (指明), in relation to a form, means specified under section 62; "specified body" (指明機構) means a body set out in Schedule 2; "specified structure" (指明構築物) means any structure or works set out in Schedule 3; "street works" (街道工程) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); "sub-contractor" (分包商), in relation to a principal contractor, means any person who enters into a contract with another person (whether or not the principal contractor) to undertake all or any part of the construction work that the principal contractor has undertaken; "surcharge" (附加費) means the surcharge imposed under section 26(8); "term contract for maintenance" (固定期保養合約) means a contract for a fixed term— (a) which is made between a person and a public body or specified body; and (b) under which the person shall, during the term, undertake maintenance work in respect of a specified structure owned by, or otherwise belonging to, the body, as required by the body in writing from time to time; "VTC" (職訓局) means the Vocational Training Council established by section 4 of the Vocational Training Council Ordinance (Cap 1130). (2) For the avoidance of doubt, it is declared that the provisions of this Ordinance applicable to or in relation to a designated trade, or any part of a designated trade, are additional to the provisions of any other Ordinances applicable to or in relation to the trade, or any part of the trade. "Appeal Board" (上訴委員會) "Appeal Board panel" (上訴委員團) "Authority" (管理局) "authorized officer" (獲授權人員) "Building Authority" (建築事務監督) "building services work" (建築物裝備工程) "building works" (建築工程) "business day" (工作日) "CITA" (建訓局) "committee" (委員會) "construction site" (建造工地) "construction work" (建造工作) "designated trade" (指定工種) "domestic premises" (住用處所) "extra low voltage" (特低壓) "further penalty" (附加罰款) "levy" (徵款) "low voltage" (低壓) "officer" (高級人員) "penalty" (罰款) "practicable" (切實可行) "principal contractor" (總承建商) "Qualifications Committee" (資格評審委員會) "Register" (名冊) "registered construction worker" (註冊建造業工人) "registered general worker" (註冊普通工人) "registered semi-skilled worker" (註冊半熟練技工) "registered semi-skilled worker (provisional)" (註冊半熟練技工(臨時)) "registered skilled worker" (註冊熟練技工) "registered skilled worker (provisional)" (註冊熟練技工(臨時)) "Registrar" (註冊主任) "registration" (註冊) "registered" (註冊) "registration card" (註冊證) "Review Committee" (覆核委員會) "Secretary" (局長) "specified" (指明) "specified body" (指明機構) "specified structure" (指明構築物) "street works" (街道工程) "sub-contractor" (分包商) "surcharge" (附加費) "term contract for maintenance" (固定期保養合約) "VTC" (職訓局) CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 2 Interpretation VerDate:18/09/2004 (1) In this Ordinance, unless the context otherwise requires— "Appeal Board" (上訴委員會) means a Construction Workers Appeal Board appointed under section 54(1); "Appeal Board panel" (上訴委員團) means the Appeal Board panel appointed under section 53(1); "Authority" (管理局) means the Construction Workers Registration Authority established by section 7(1); "authorized officer" (獲授權人員) means a person who is appointed under section 16(1); "Building Authority" (建築事務監督) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); "building services work" (建築物裝備工程) means— (a) any heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, refuse collection, water supply, fire protection, security, communications, lift or escalator installation or works; or (b) any other extra low voltage installation or works; "building works" (建築工程) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); "business day" (工作日) means a day that is not— (a) a general holiday; or (b) a black rainstorm warning day, or a gale warning day, within the meaning of section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1); "CITA" (建訓局) means the Construction Industry Training Authority established by section 4 of the Industrial Training (Construction Industry) Ordinance (Cap 317); "committee" (委員會) means a committee established under section 8(2)(a); "construction site" (建造工地) means a place where construction work is, or is to be, carried out but, except in relation to sections 17 and 18, excludes such a place where— (a) in the case of construction work falling within paragraph (a) or (b) of the definition of "construction work" in this section— (i) in respect of which the Buildings Ordinance (Cap 123) applies; and (ii) which may not, by virtue of section 41(3) or (3A) of that Ordinance, be carried out without application to or approval from the Building Authority, a certificate, referred to in paragraph (2) or (3) of regulation 25, or in paragraph (2) of regulation 26, of the Building (Administration) Regulations (Cap 123 sub. leg. A), in respect of the construction work has been sent to the Building Authority in accordance with that paragraph, or a certificate, referred to in paragraph (4) of regulation 25 of those Regulations, in respect of the construction work has been made in accordance with that paragraph; (b) in the case of any other construction work falling within paragraph (a) or (b) of that definition, a certificate of substantial completion of contract has been issued in accordance with the terms of the contract under which the construction work is carried out; "construction work" (建造工作)— (a) means— (i) the construction, erection, installation or reconstruction of any specified structure; (ii) the addition, renewal, alteration, repair, dismantling or demolition of any specified structure that involves the structure of the specified structure or any other specified structure; (iii) any building operation involved in preparing for any operation referred to in subparagraph (i) or (ii), including laying of foundations, excavation of earth and rock prior to laying of foundations, site clearance, site investigation, site restoration, earthmoving, tunneling, boring, scaffolding and provision of access; or (iv) any building operation, or building services work, forming an integral part of, or rendering complete, any operation referred to in subparagraph (i) or (ii), but excludes building works in respect of which a certificate of exemption is issued under the Buildings Ordinance (Application to the New Territories) Ordinance (Cap 121); (b) means any building services work that involves the structure of any specified structure; or (c) means any maintenance work, carried out under a term contract for maintenance, of any specified structure owned by, or otherwise belonging to, a public body or a specified body; "designated trade" (指定工種) means a trade or an occupation set out in column 1 of Part 1, 2 or 3 of Schedule 1; "domestic premises" (住用處所) means premises used or intended to be used solely or principally for residential purposes and constituting a separate household unit; "extra low voltage" (特低壓) means voltage normally not exceeding— (a) 50V root mean square alternating current; or (b) 120V direct current, between conductors or between a conductor and earth; "further penalty" (附加罰款) means the further penalty payable under section 27(3); "levy" (徵款) means the levy imposed under section 23; "low voltage" (低壓) means voltage normally exceeding extra low voltage but normally not exceeding— (a) between conductors, 1000V root mean square alternating current or 1500V direct current; or (b) between a conductor and earth, 600V root mean square alternating current or 900V direct current; "officer" (高級人員), in relation to a body corporate, includes a director, manager or secretary; "penalty" (罰款) means the penalty payable under section 27(2); "practicable" (切實可行) means reasonably practicable; "principal contractor" (總承建商), in relation to a construction site, means the person who undertakes on the site construction work under a contract, or term contract for maintenance, that is entered into by the person directly with— (a) an owner, occupier or developer of the property within the site; or (b) an agent or architect, surveyor or engineer of such an owner, occupier or developer; "Qualifications Committee" (資格評審委員會) means the Construction Workers Qualifications Committee established by section 12(1); "Register" (名冊) means the Register of Construction Workers established under section 37(1)(a); "registered construction worker" (註冊建造業工人) means— (a) a registered skilled worker for a designated trade; (b) a registered skilled worker (provisional) for a designated trade; (c) a registered semi-skilled worker for a designated trade; (d) a registered semi-skilled worker (provisional) for a designated trade; or (e) a registered general worker; "registered general worker" (註冊普通工人) means a person whose name is entered in the Register as a registered general worker; "registered semi-skilled worker" (註冊半熟練技工), in relation to a designated trade, means a person whose name is entered in the Register as a registered semi-skilled worker for the trade; "registered semi-skilled worker (provisional)" (註冊半熟練技工(臨時)), in relation to a designated trade, means a person whose name is entered in the Register as a registered semi-skilled worker (provisional) for the trade; "registered skilled worker" (註冊熟練技工), in relation to a designated trade, means a person whose name is entered in the Register as a registered skilled worker for the trade; "registered skilled worker (provisional)" (註冊熟練技工(臨時)), in relation to a designated trade, means a person whose name is entered in the Register as a registered skilled worker (provisional) for the trade; "Registrar" (註冊主任) means the Registrar of Construction Workers appointed under section 36(1); "registration" (註冊) means registration under this Ordinance as a registered construction worker, and "registered" (註冊) shall be construed accordingly; "registration card" (註冊證) means a registration card issued under section 46(1); "Review Committee" (覆核委員會) means the Construction Workers Review Committee established by section 14(1); "Secretary" (局長) means the Secretary for the Environment, Transport and Works; "specified" (指明), in relation to a form, means specified under section 62; "specified body" (指明機構) means a body set out in Schedule 2; "specified structure" (指明構築物) means any structure or works set out in Schedule 3; "street works" (街道工程) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); "sub-contractor" (分包商), in relation to a principal contractor, means any person who enters into a contract with another person (whether or not the principal contractor) to undertake all or any part of the construction work that the principal contractor has undertaken; "surcharge" (附加費) means the surcharge imposed under section 26(8); "term contract for maintenance" (固定期保養合約) means a contract for a fixed term— (a) which is made between a person and a public body or specified body; and (b) under which the person shall, during the term, undertake maintenance work in respect of a specified structure owned by, or otherwise belonging to, the body, as required by the body in writing from time to time; "VTC" (職訓局) means the Vocational Training Council established by section 4 of the Vocational Training Council Ordinance (Cap 1130). (2) For the avoidance of doubt, it is declared that the provisions of this Ordinance applicable to or in relation to a designated trade, or any part of a designated trade, are additional to the provisions of any other Ordinances applicable to or in relation to the trade, or any part of the trade. "Appeal Board" (上訴委員會) "Appeal Board panel" (上訴委員團) "Authority" (管理局) "authorized officer" (獲授權人員) "Building Authority" (建築事務監督) "building services work" (建築物裝備工程) "building works" (建築工程) "business day" (工作日) "CITA" (建訓局) "committee" (委員會) "construction site" (建造工地) "construction work" (建造工作) "designated trade" (指定工種) "domestic premises" (住用處所) "extra low voltage" (特低壓) "further penalty" (附加罰款) "levy" (徵款) "low voltage" (低壓) "officer" (高級人員) "penalty" (罰款) "practicable" (切實可行) "principal contractor" (總承建商) "Qualifications Committee" (資格評審委員會) "Register" (名冊) "registered construction worker" (註冊建造業工人) "registered general worker" (註冊普通工人) "registered semi-skilled worker" (註冊半熟練技工) "registered semi-skilled worker (provisional)" (註冊半熟練技工(臨時)) "registered skilled worker" (註冊熟練技工) "registered skilled worker (provisional)" (註冊熟練技工(臨時)) "Registrar" (註冊主任) "registration" (註冊) "registered" (註冊) "registration card" (註冊證) "Review Committee" (覆核委員會) "Secretary" (局長) "specified" (指明) "specified body" (指明機構) "specified structure" (指明構築物) "street works" (街道工程) "sub-contractor" (分包商) "surcharge" (附加費) "term contract for maintenance" (固定期保養合約) "VTC" (職訓局) CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 3 Prohibition against unregistered construction workers carrying out on construction sites construction work VerDate:01/09/2007 * Items marked with asterisk have not yet come into operation. PART 2 PROHIBITIONS (1) A person shall not personally carry out on a construction site construction work unless the person is a registered construction worker. *[(2) Subject to section 4(1), a person shall not personally carry out on a construction site construction work that involves any work described in column 2 of Part 1 of Schedule 1 opposite a designated trade set out in that Part unless the person is— (a) a registered skilled worker for the trade; or (b) a registered skilled worker (provisional) for the trade. (3) Subject to section 4(2), a person shall not personally carry out on a construction site construction work that involves any work described in column 2 of Part 2 of Schedule 1 opposite a designated trade set out in that Part unless the person is— (a) a registered skilled worker for the trade; (b) a registered skilled worker (provisional) for the trade; (c) a registered semi-skilled worker for the trade; or (d) a registered semi-skilled worker (provisional) for the trade. (4) Subject to section 4(3), a person shall not personally carry out on a construction site construction work that involves any work described in column 2 of Part 3 of Schedule 1 opposite a designated trade set out in that Part unless the person is— (a) a registered semi-skilled worker for the trade; or (b) a registered semi-skilled worker (provisional) for the trade.] CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 4 Exemptions from prohibitions under section 3 VerDate: not yet in operation (1) A person who is a registered construction worker may personally carry out on a construction site construction work that involves any work described in column 2 of Part 1 of Schedule 1 opposite a designated trade set out in that Part if, in relation to the work so described, the person is under the instruction and supervision of a registered skilled worker for the trade. (2) A person who is a registered construction worker may personally carry out on a construction site construction work that involves any work described in column 2 of Part 2 of Schedule 1 opposite a designated trade set out in that Part if, in relation to the work so described, the person is under the instruction and supervision of a registered skilled worker, or a registered semi-skilled worker, for the trade. (3) A person who is a registered construction worker may personally carry out on a construction site construction work that involves any work described in column 2 of Part 3 of Schedule 1 opposite a designated trade set out in that Part if, in relation to the work so described, the person is under the instruction and supervision of a registered semi-skilled worker for the trade. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 5 Prohibition against employing unregistered construction workers to carry out on construction sites construction work VerDate:01/09/2007 This section has commenced operation since 01 September 2007 in so far as it relates to employing a person to personally carry out on a construction site construction work in contravention of section 3(1).— See L.N. 93 of 2007. No person shall employ another person to personally carry out on a construction site construction work in contravention of section 3(1), (2), (3) or (4). CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 6 Offences in relation to prohibitions under sections 3 and 5 VerDate:01/09/2007 This subsection (1) has commenced operation since 01 September 2007 in so far as it relates to the contravention of section 3(1).— See L.N. 93 of 2007. This subsection (2) has commenced operation since 01 September 2007 in so far as it relates to the contravention of section 5 (to the extent that it is in operation under paragraph (b)).— See L.N. 93 of 2007. This subsection (4) has commenced operation since 01 September 2007 in so far as it relates to the contravention of section 3(1) or the contravention of section 5 (to the extent that it is in operation under paragraph (b)).— See L.N. 93 of 2007. * Items marked with asterisk have not yet come into operation. (1) A person who contravenes section 3(1), (2), (3) or (4) commits an offence and is liable on conviction to a fine at level 3. (2) A person who contravenes section 5 commits an offence and is liable on conviction to a fine at level 5. (3) If a person is charged for an offence under subsection (2) for employing another person to personally carry out on a construction site construction work in contravention of section 3(1), (2), (3) or (4), it shall be a defence for the defendant to prove that he believed, and that it was reasonable for him to believe, the relevant matter exists. (4) If— (a) there is a contravention of section 3(1), (2), (3) or (4), and the person who commits the contravention is employed by a principal contractor for the construction site concerned, or a sub-contractor of such a principal contractor; or (b) there is a contravention of section 5, and the person who commits the contravention is a sub-contractor of a principal contractor for the construction site concerned, that principal contractor also commits an offence and is liable on conviction to a fine at level 5. (5) If a person is charged for an offence under subsection (4), it shall be a defence for the defendant to prove that he took reasonable steps, and exercised due diligence, to ensure the relevant matter exists. (6) Without prejudice to the generality of subsection (5), a principal contractor establishes a defence under that subsection if he proves that he had— (a) established a proper system to ensure the relevant matter exists; and (b) ensured the effective operation of the system. (7) For the purposes of subsection (6)(a), a principal contractor had not established a proper system unless at the material time he had complied with— (a) section 48(6)(a); and (b) if applicable, section 58(1). (8) For the purposes of subsections (3), (5) and (6)(a), the relevant matter exists if— (a) in the case of an offence in relation to a contravention of section 3(1), the person who personally carried out construction work was a registered construction worker; *[(b) in the case of an offence in relation to a contravention of section 3(2), the person who personally carried out construction work that involved any work described in column 2 of Part 1 of Schedule 1 opposite a designated trade set out in that Part— (i) was a registered skilled worker for the trade; (ii) was a registered skilled worker (provisional) for the trade;or (iii) was a registered construction worker who might do so under section 4(1); (c) in the case of an offence in relation to a contravention of section 3(3), the person who personally carried out construction work that involved any work described in column 2 of Part 2 of Schedule 1 opposite a designated trade set out in that Part— (i) was a registered skilled worker for the trade; (ii) was a registered skilled worker (provisional) for the trade; (iii) was a registered semi-skilled worker for the trade; (iv) was a registered semi-skilled worker (provisional) for the trade; or (v) was a registered construction worker who might do so under section 4(2); (d) in the case of an offence in relation to a contravention of section 3(4), the person who personally carried out construction work that involved any work described in column 2 of Part 3 of Schedule 1 opposite a designated trade set out in that Part— (i) was a registered semi-skilled worker for the trade; (ii) was a registered semi-skilled worker (provisional) for the trade; or (iii) was a registered construction worker who might do so under section 4(3).] CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 7 Authority VerDate:18/09/2004 PART 3 CONSTRUCTION WORKERS REGISTRATION AUTHORITY AND STANDING COMMITTEES (1) There is established by this section a body corporate called in English the "Construction Workers Registration Authority" and in Chinese “建造業工人註冊管理局”. (2) The Authority shall have perpetual succession and a common seal and shall be capable of suing and being sued. (3) The Authority shall consist of— (a) the Secretary or his representative; and (b) 18 other members appointed by the Secretary as follows— (i) a chairman; (ii) 3 public officers; (iii) 2 persons, each of whom is, in the opinion of the Secretary, a person from a training institute in the construction industry in Hong Kong; (iv) 3 persons, each of whom is, in the opinion of the Secretary, a person from a professional body connected with the construction industry in Hong Kong; (v) 2 persons, each of whom is, in the opinion of the Secretary, a person from a contractor in the construction industry in Hong Kong; (vi) 3 persons, each of whom is, in the opinion of the Secretary, a person from a trade union, registered under the Trade Unions Ordinance (Cap 332), that represents workers in the construction industry in Hong Kong; (vii) 1 person who is, in the opinion of the Secretary, a person from a real estate developers association in Hong Kong; and (viii) 3 persons, each of whom is, in the opinion of the Secretary, a person connected with the construction industry in Hong Kong. (4) An appointment under subsection (3)(b) shall be notified in the Gazette. (5) If, for any period, the chairman of the Authority is absent from Hong Kong or is, for any other reason, unable to perform the functions of his office, the other members of the Authority may elect from among themselves a person to act as chairman of the Authority during that period. (6) Part 1 of Schedule 4 shall have effect with respect to the Authority and its members. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 8 Functions and powers of Authority VerDate:18/09/2004 (1) The Authority shall— (a) be responsible for the administration of this Ordinance and the supervision of the registration of persons; (b) set the qualification requirements for registration or renewal of registration; (c) make recommendations with respect to the rate of levy; and (d) perform such other functions as are imposed on it under this Ordinance or any other enactment. (2) The Authority may do all such things as are necessary for, or incidental or conducive to, the performance of its functions and, in particular but without prejudice to the generality of the foregoing, may— (a) establish committees for the performance of its functions and the exercise of its powers; (b) employ persons to assist the Authority with the performance of its functions and the exercise of its powers; (c) acquire, hold or dispose of property of any description; (d) enter into, carry out, assign or accept the assignment of, vary or rescind, any contract, agreement or other obligation; (e) borrow money on such security as may be necessary and for that purpose, charge all or any of the property of the Authority; and (f) exercise such other powers as are conferred on the Authority under this Ordinance or any other enactment. (3) Part 2 of Schedule 4 shall have effect with respect to a committee and its members. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 9 Delegations VerDate:18/09/2004 (1) The Authority may delegate in writing— (a) any of its functions and powers under Part 5, except those under section 29, to the Registrar; or (b) subject to subsection (2), any of its other functions and powers under this Ordinance to any committee, subject to such terms and conditions, if any, as the Authority thinks fit and set out in the delegation. (2) The Authority shall not delegate any of its functions or powers under subsection (1) or section 8(1)(a) or (2)(a), 11(5), 52(5) or 63, or section 6 of Schedule 4. (3) A delegate of the Authority— (a) shall perform the delegated functions and may exercise the delegated powers as if the delegate were the Authority; and (b) shall be presumed to be acting in accordance with the relevant delegation in the absence of evidence to the contrary. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 10 Funds and property of Authority VerDate:18/09/2004 The funds and property of the Authority shall consist of— (a) all moneys recovered by way of levy, surcharge, penalty and further penalty; (b) any moneys received by the Authority by way of grants, loans, donations, fees, rent or interest; (c) all moneys derived from the sale of any property held by or on behalf of the Authority; and (d) all other moneys and property lawfully received by the Authority for its purposes. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 11 Statements of accounts of Authority and auditor's report on them VerDate:18/09/2004 (1) The Authority may from time to time fix a period of 12 months to be the financial year of the Authority. (2) The Authority shall submit to the Secretary— (a) as soon as practicable after the commencement of this section, a programme of its proposed activities and estimates of its income and expenditure for the first financial year; and (b) in each financial year, before a date to be appointed by the Secretary, a programme of its proposed activities and estimates of its income and expenditure for the next financial year. (3) The Authority shall cause proper accounts to be kept of all its financial transactions. (4) As soon as practicable after the end of a financial year, the Authority shall cause to be prepared a statement of accounts of the Authority, which statement shall include an income and expenditure account and a balance sheet. (5) The Authority shall appoint an auditor, who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the Authority and to require such information and explanations thereof as the auditor thinks fit. (6) The auditor shall audit the accounts required under subsection (3) and the statement of accounts required under subsection (4) and shall submit a report on the statement to the Authority. (7) Within 6 months after the end of a financial year, the Authority shall submit— (a) a report on the activities of the Authority during that year including a general survey of developments during that year, in respect of matters falling within the scope of the Authority's functions; (b) a copy of the statement of accounts required under subsection (4); and (c) the auditor's report on the statement, to the Secretary who shall cause the same to be tabled in the Legislative Council. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 12 Qualifications Committee VerDate:18/09/2004 (1) There is established by this section a committee called in English the "Construction Workers Qualifications Committee" and in Chinese “建造業工人資格評審委員會”. (2) Subject to subsection (3), the Qualifications Committee shall consist of— (a) a chairman who is— (i) a member of the Authority; and (ii) appointed by the Authority; and (b) 13 other members appointed by the Authority as follows— (i) 5 public officers; (ii) 2 persons, each of whom is, in the opinion of the Authority, a person from a training institute in the construction industry in Hong Kong; (iii) 1 person who is, in the opinion of the Authority, a person from a professional body connected with the construction industry in Hong Kong; (iv) 2 persons, each of whom is, in the opinion of the Authority, a person from a contractor in the construction industry in Hong Kong; (v) 2 persons, each of whom is, in the opinion of the Authority, a person from a trade union, registered under the Trade Unions Ordinance (Cap 332), that represents workers in the construction industry in Hong Kong; and (vi) 1 person who is, in the opinion of the Authority, a person from the major employers in the construction industry in Hong Kong. (3) A person is not eligible for appointment under subsection (2) if he is— (a) a member of the Review Committee; or (b) a member of the Appeal Board panel. (4) An appointment under subsection (2) shall be notified in the Gazette. (5) If, for any period, the chairman of the Qualifications Committee is absent from Hong Kong or is, for any other reason, unable to perform the functions of his office, the other members of the Committee may elect from among themselves a person to act as chairman of the Committee during that period. (6) Part 3 of Schedule 4 shall have effect with respect to the Qualifications Committee and its members. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 13 Functions and powers of Qualifications Committee VerDate:18/09/2004 (1) The Qualifications Committee shall— (a) review the qualification requirements for registration or renewal of registration; (b) assess qualifications referred to it by the Authority to ascertain whether they should become qualification requirements for registration or renewal of registration; (c) prepare guidelines to be followed by the Registrar to examine, assess and verify the qualifications of applicants for registration or renewal of registration; (d) make recommendations to the Authority as to the matters referred to in paragraphs (a), (b) and (c); (e) when consulted by the Registrar, assess whether the qualification held by a person is an equivalent qualification for the purposes of section 40(2)(c), (3)(c), (5)(b) or (6)(b); (f) make recommendations to the Registrar as to the matters referred to in paragraph (e); and (g) perform such other functions as are imposed on it under this Ordinance or any other enactment. (2) The Qualifications Committee may do all such things as are necessary for, or incidental or conducive to, the performance of its functions and may exercise such powers as are conferred on it under this Ordinance or any other enactment. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 14 Review Committee VerDate:18/09/2004 (1) There is established by this section a committee called in English the "Construction Workers Review Committee" and in Chinese “建造業工人覆核 委員會”. (2) Subject to subsection (3), the Review Committee shall consist of 8 members appointed by the Authority as follows— (a) 1 public officer; (b) 1 person nominated by The Hong Kong Institution of Engineers; (c) 1 person nominated by The Hong Kong Institute of Architects; (d) 1 person nominated by The Hong Kong Institute of Surveyors; (e) 2 persons, each of whom is, in the opinion of the Authority, a person from a contractor in the construction industry in Hong Kong; and (f) 2 persons, each of whom is, in the opinion of the Authority, a person from a trade union, registered under the Trade Unions Ordinance (Cap 332), that represents workers in the construction industry in Hong Kong. (3) A person is not eligible for appointment under subsection (2) if he is— (a) a member of the Qualifications Committee; (b) a member of the Appeal Board panel; or (c) the Registrar, or, where the Registrar is a body corporate, a member, officer or employee of the Registrar. (4) The members of the Review Committee shall elect a chairman from amongst themselves. (5) An appointment under subsection (2) shall be notified in the Gazette. (6) If, for any period, the chairman of the Review Committee is absent from Hong Kong or is, for any other reason, unable to perform the functions of his office, the other members of the Committee may elect from among themselves a person to act as chairman of the Committee during that period. (7) Part 4 of Schedule 4 shall have effect with respect to the Review Committee and its members. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 15 Functions and powers of Review Committee VerDate:18/09/2004 (1) The Review Committee shall— (a) conduct a review of any decision of the Registrar the subject of a request for review under section 51(1); (b) make recommendations to the Registrar as to the decision; and (c) perform such other functions as are imposed on it under this Ordinance or any other enactment. (2) The Review Committee may do all such things as are necessary for, or incidental or conducive to, the performance of its functions and may exercise such powers as are conferred on it under this Ordinance or any other enactment. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 16 Appointment of authorized officers VerDate:18/09/2004 PART 4 AUTHORIZED OFFICERS (1) The Authority may, subject to the approval of the Secretary, appoint in writing a person to be an authorized officer for the purposes of this Ordinance (other than Part 5). (2) The Authority shall issue to each authorized officer a certificate of appointment that— (a) gives the name of the authorized officer to whom it is issued; and (b) states that it is issued by or on behalf of the Authority under this Ordinance. (3) When performing or exercising a function or power under this Ordinance, an authorized officer shall, if requested to do so, produce for inspection his certificate of appointment. (4) An authorized officer may perform or exercise any of his functions or powers under this Ordinance with the assistance of such police officers or other persons, or both, as the authorized officer thinks fit. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 17 Powers of authorized officers to enter construction site VerDate:18/09/2004 (1) Where a warrant has been issued under subsection (2) in respect of a construction site, or where subsection (4) applies in respect of a construction site, an authorized officer may— (a) at any time, using such force as may be necessary, enter and search the site; (b) remove anything that obstructs the entry and search; (c) detain any person found on the site, during such period as is reasonably required to permit the search to be carried out, where that person might prejudice the purpose of the search if he were not so detained; and (d) inspect, seize, detain and remove from the site anything that is or contains, or appears to the officer to be or to contain, evidence of the commission of an offence under this Ordinance. (2) A magistrate may issue a warrant authorizing an authorized officer to enter and search a construction site if the magistrate is satisfied by information on oath that there are reasonable grounds to suspect that— (a) an offence under this Ordinance is being or has been committed on the site; or (b) there is on the site anything that is or contains evidence of the commission of an offence under this Ordinance. (3) A warrant issued under subsection (2) continues in force until— (a) the expiration of 1 month after the date of its issue; or (b) the purpose for which entry is required has been fulfilled, whichever first occurs. (4) An authorized officer may, without a warrant issued under subsection (2), exercise any of the powers referred to in subsection (1) in respect of a construction site (other than domestic premises) if— (a) he reasonably suspects that— (i) an offence under this Ordinance is being or has been committed on the site; or (ii) there is on the site anything that is or contains evidence of the commission of an offence under this Ordinance; and (b) it is not practicable to obtain such a warrant in respect of the site before exercising those powers. (5) For the purposes of ascertaining whether the provisions of this Ordinance have been or are being complied with, an authorized officer may enter a construction site at all reasonable times. (6) This section does not prejudice any power of entry and search conferred on police officers under any other law. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 18 Other powers of authorized officers VerDate:18/09/2004 (1) An authorized officer who has entered a construction site under section 17(1) or (5) may— (a) inspect and examine the site; (b) inspect and examine any plant, equipment or substance found on the site; (c) take photographs of the site or of any plant, equipment or substance found on the site; (d) require any person found on the site— (i) to state whether he is a registered construction worker; and (ii) if the person states that he is a registered construction worker, to produce his registration card; (e) in relation to any person found on the site whom the officer reasonably suspects of committing, or having committed, an offence under this Ordinance— (i) on informing the person of the person's act or omission that may constitute the offence, require the person— (A) to give to the officer the person's name, address and telephone number and such other personal particulars as the officer may reasonably require; and (B) to produce to the officer for inspection the person's identity card issued under the Registration of Persons Ordinance (Cap 177) or the person's other documentary evidence of identity; and (ii) detain the person for a reasonable period while the officer inquires about the suspected commission of the offence; (f) subject to subsection (2), require any person found on the site to provide information that may enable the officer to identify— (i) the principal contractor for the site; or (ii) the employer of any person who personally carries out on the site construction work; (g) examine the records referred to in section 58(7)(a) and make copies of all or any part of those records; and (h) require the principal contractor for the site, or any person who is apparently an employee or agent of that contractor, to provide the officer with such assistance and facilities as are reasonably necessary to enable the officer to perform or exercise his functions or powers. (2) An authorized officer shall not exercise the power under subsection (1)(f) unless he reasonably believes that the person has the information. (3) An authorized officer may, in relation to anything that the officer seizes, detains or removes from a construction site under section 17(1)(d)— (a) retain the thing for such period as may be reasonably necessary; and (b) if he reasonably believes that the thing is evidence of the commission of an offence under this Ordinance, retain the thing until proceedings for the offence have been heard and finally determined. (4) An authorized officer may— (a) in order to make copies of records referred to in section 58(7)(a), remove the records from the construction site and retain them for such period as may be reasonably necessary; and (b) if he reasonably believes that the records are evidence of the commission of an offence under this Ordinance, remove the records from the construction site and retain them until proceedings for the offence have been heard and finally determined. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 19 Interpretation VerDate:01/01/2008 PART 5 LEVY (1) In this Part, unless the context otherwise requires— "authorized person" (獲授權人) has the meaning assigned to it in section 2(1) of the Construction Industry Council Ordinance (Cap 587); (Amended 12 of 2006 s. 84) "construction contract" (建造合約) has the meaning assigned to it in section 2(1) of the Construction Industry Council Ordinance (Cap 587); (Amended 12 of 2006 s. 84) "construction operations" (建造工程), subject to section 22, has the meaning assigned to it in Schedule 1 to the Construction Industry Council Ordinance (Cap 587); (Amended 12 of 2006 s. 84) "contract of employment" (僱傭合約) has the meaning assigned to it in section 2(1) of the Employment Ordinance (Cap 57); "contractor" (承建商) has the meaning assigned to it in section 2(1) of the Construction Industry Council Ordinance (Cap 587); (Amended 12 of 2006 s. 84) "employer" (聘用人) has the meaning assigned to it in section 2(1) of the Construction Industry Council Ordinance (Cap 587); (Replaced 12 of 2006 s. 84) "levy inspector" (徵款督察) means a person who is appointed under section 33; "term contract" (固定期合約) has the meaning assigned to it in section 2(1) of the Construction Industry Council Ordinance (Cap 587); (Amended 12 of 2006 s. 84) "total value" (總價值), in relation to construction operations, has the meaning assigned to it in section 21; "value" (價值), in relation to construction operations, has the meaning assigned to it in section 20; "works order" (施工通知) has the meaning assigned to it in section 2(1) of the Construction Industry Council Ordinance (Cap 587). (Amended 12 of 2006 s. 84) (2) For the purposes of this Part, any construction operations that are building works, or street works, not carried out by or on behalf of the Government are deemed to begin on the date of the Building Authority's consent in writing for the commencement of the works under section 14(1)(b) of the Buildings Ordinance (Cap 123). (3) For the purposes of this Part— (a) where a person carries out any construction operations for any other person under a contract of employment, the construction operations shall be regarded as carried out by— (i) subject to subparagraph (ii), that other person; or (ii) where the first-mentioned person is a contractor by virtue of paragraph (a) of the definition of "contractor" in section 2(1) of the Construction Industry Council Ordinance (Cap 587), the first-mentioned person; (Amended 12 of 2006 s. 84) (b) where a person carries out any construction operations for himself without arrangement (except under a contract of employment) for the carrying out of such operations by any other person, the first-mentioned person shall, apart from being the person who carries out the construction operations, also be regarded as the person for whom such operations are carried out, and the definitions of "contractor" and "employer" and the other provisions of this Part shall be construed accordingly. (4) For the purposes of this Part, a person shall be regarded as undertaking or carrying out construction operations if— (a) he manages, or arranges for, the carrying out of the construction operations by any other person for the employer concerned, whether by way of sub-contracting or otherwise; or (b) he provides his own labour or that of any other person for the carrying out of the construction operations. "authorized person" (獲授權人) "construction contract" (建造合約) "construction operations" (建造工程) "contract of employment" (僱傭合約) "contractor" (承建商) "employer" (聘用人) "levy inspector" (徵款督察) "term contract" (固定期合約) "total value" (總價值) "value" (價值) "works order" (施工通知) CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 19 Interpretation VerDate:18/09/2004 PART 5 LEVY (1) In this Part, unless the context otherwise requires— "authorized person" (獲授權人) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); "construction contract" (建造合約) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); "construction operations" (建造工程), subject to section 22, has the meaning assigned to it in Schedule 1 to the Industrial Training (Construction Industry) Ordinance (Cap 317); "contract of employment" (僱傭合約) has the meaning assigned to it in section 2(1) of the Employment Ordinance (Cap 57); "contractor" (承建商) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); "employer" (僱主) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); "levy inspector" (徵款督察) means a person who is appointed under section 33; "term contract" (固定期合約) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); "total value" (總價值), in relation to construction operations, has the meaning assigned to it in section 21; "value" (價值), in relation to construction operations, has the meaning assigned to it in section 20; "works order" (施工通知) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317). (2) For the purposes of this Part, any construction operations that are building works, or street works, not carried out by or on behalf of the Government are deemed to begin on the date of the Building Authority's consent in writing for the commencement of the works under section 14(1)(b) of the Buildings Ordinance (Cap 123). (3) For the purposes of this Part— (a) where a person carries out any construction operations for any other person under a contract of employment, the construction operations shall be regarded as carried out by— (i) subject to subparagraph (ii), that other person; or (ii) where the first-mentioned person is a contractor by virtue of paragraph (a)(i) of the definition of "contractor" in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317), the first-mentioned person; (b) where a person carries out any construction operations for himself without arrangement (except under a contract of employment) for the carrying out of such operations by any other person, the first-mentioned person shall, apart from being the person who carries out the construction operations, also be regarded as the person for whom such operations are carried out, and the definitions of "contractor" and "employer" and the other provisions of this Part shall be construed accordingly. (4) For the purposes of this Part, a person shall be regarded as undertaking or carrying out construction operations if— (a) he manages, or arranges for, the carrying out of the construction operations by any other person for the employer concerned, whether by way of sub-contracting or otherwise; or (b) he provides his own labour or that of any other person for the carrying out of the construction operations. "authorized person" (獲授權人) "construction contract" (建造合約) "construction operations" (建造工程) "contract of employment" (僱傭合約) "contractor" (承建商) "employer" (僱主) "levy inspector" (徵款督察) "term contract" (固定期合約) "total value" (總價值) "value" (價值) "works order" (施工通知) CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 20 Value of construction operations VerDate:18/09/2004 (1) For the purposes of this Part, "value" (價值), in relation to construction operations, means— (a) where the construction operations are carried out under a construction contract, the consideration attributable to such operations, as stated in, or ascertainable by reference to, the contract; or (b) where the construction operations are not carried out under a construction contract, the reasonable consideration to be expected on the open market in respect of the carrying out of such operations. (2) Notwithstanding subsection (1)(a), if in a particular case the consideration attributable to the construction operations concerned as determined in accordance with that subsection is below the reasonable consideration to be expected on the open market in respect of the carrying out of such operations, that subsection shall be deemed to contain a reference to the reasonable consideration described in this subsection instead of the consideration described in that subsection. (3) For the purposes of subsections (1)(b) and (2), the Authority may, when ascertaining the reasonable consideration as referred to in those subsections in respect of the carrying out of any construction operations, have regard to all or any of the following matters— (a) the cost or value of materials used in the construction operations; (b) the cost or value of time, work and labour involved in the construction operations; (c) the equipment used in the construction operations; (d) such overhead costs incurred in relation to the construction operations as the Authority considers reasonable; (e) the reasonable profit to be expected on the open market in respect of the carrying out of the construction operations; (f) any other factors that the Authority considers appropriate. "value" (價值) CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 21 Total value of construction operations VerDate:18/09/2004 For the purposes of this Part, "total value" (總價值), in relation to construction operations, means— (a) where the construction operations are carried out under a construction contract— (i) in the case the construction contract is a term contract, the aggregate of the respective values of all construction operations carried out as required by works orders issued under the contract; (ii) in the case the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the respective values of all stages of the operations so carried out; or (iii) in any other case, the value of the construction operations; or (b) where the construction operations are not carried out under a construction contract— (i) in the case the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the respective values of all stages of the operations so carried out; or (ii) in any other case, the value of the construction operations. "total value" (總價值) CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 22 Application to construction operations VerDate:24/02/2005 (1) This Part shall not apply to any construction operations— (a) the tender for which was submitted before the commencement of this Part; or (b) that began before that commencement. (2) This Part shall not apply to any construction operations— (a) which are carried out for a person who occupies any domestic premises or part of any domestic premises; and (b) the sole or principal purpose of which is to decorate, alter, repair, maintain or renovate the premises or such part of such premises. (3) This Part shall not apply to any construction operations, or any type or description of construction operations, which are or is excluded from the application of this Part by the Chief Executive in Council by order published in the Gazette. (4) Without limiting the generality of subsection (3), an order made under that subsection may specify the circumstances under which or the purposes for which any construction operations, or any type or description of construction operations, referred to in the order are or is to be excluded from the application of this Part. (5) In this section, a person shall be regarded as a person who occupies a domestic premises if he intends to occupy the premises. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 23 Imposition of levy VerDate:24/02/2005 (1) A levy at the prescribed rate shall be imposed on the value of all construction operations undertaken or carried out in Hong Kong. (2) Notwithstanding subsection (1), construction operations the total value of which does not exceed the prescribed amount shall not be liable to the levy. (3) Subject to section 26(10), the levy shall be payable in accordance with this Part by every contractor who carries out the construction operations. (4) The Secretary may by notice published in the Gazette— (a) prescribe the rate for the purposes of subsection (1); and (b) prescribe the amount for the purposes of subsection (2). (5) Any rate prescribed under subsection (4)(a)— (a) shall not come into effect before the expiration of 28 days after the last day of the period within which a resolution providing for the amendment of the notice may be passed in accordance with section 34 of the Interpretation and General Clauses Ordinance (Cap 1); and (b) shall not apply to any construction operations if, before the date on which the rate comes into effect under paragraph (a)— (i) the tender for the construction operations has been submitted to the employer concerned; (ii) no tender for the construction operations has been submitted to the employer concerned, but a construction contract in respect of the construction operations has been entered into; or (iii) no tender for the construction operations has been submitted to the employer concerned and no construction contract in respect of the construction operations has been entered into, but the construction operations have begun. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 23 Imposition of levy VerDate:18/09/2004 Subsections (1) to (3) are not yet in operation (1) A levy at the prescribed rate shall be imposed on the value of all construction operations undertaken or carried out in Hong Kong. (2) Notwithstanding subsection (1), construction operations the total value of which does not exceed the prescribed amount shall not be liable to the levy. (3) Subject to section 26(10), the levy shall be payable in accordance with this Part by every contractor who carries out the construction operations. (4) The Secretary may by notice published in the Gazette— (a) prescribe the rate for the purposes of subsection (1); and (b) prescribe the amount for the purposes of subsection (2). (5) Any rate prescribed under subsection (4)(a)— (a) shall not come into effect before the expiration of 28 days after the last day of the period within which a resolution providing for the amendment of the notice may be passed in accordance with section 34 of the Interpretation and General Clauses Ordinance (Cap 1); and (b) shall not apply to any construction operations if, before the date on which the rate comes into effect under paragraph (a)— (i) the tender for the construction operations has been submitted to the employer concerned; (ii) no tender for the construction operations has been submitted to the employer concerned, but a construction contract in respect of the construction operations has been entered into; or (iii) no tender for the construction operations has been submitted to the employer concerned and no construction contract in respect of the construction operations has been entered into, but the construction operations have begun. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 24 Contractor and authorized person to notify Authority when undertaking construction operations VerDate:01/01/2008 (1) Within 14 days after any construction operations have begun or such further time as the Authority may in any case allow— (a) the contractor in respect of the construction operations; and (b) the authorized person appointed in respect of the construction operations, shall each give notice to the Authority in the specified form that he is the contractor in respect of the construction operations or the authorized person appointed in respect of the construction operations, as the case may be. (2) Except in the case of a term contract, subsection (1) shall not apply in respect of any construction operations if it is reasonably estimated that the total value of such operations does not exceed the amount prescribed under section 23(4)(b). (3) Every notice under subsection (1) shall state the estimated total value of the construction operations. (4) A contractor or authorized person complies with subsection (1) if he— (a) had given a notice to CIC under section 34 of the Construction Industry Council Ordinance (Cap 587) in respect of the construction operations; and (Amended 12 of 2006 s. 84) (b) sent a copy of that notice to the Authority within the period of 14 days, or such further time as the Authority may have allowed, within which he shall give notice under that subsection. (5) Every contractor or authorized person who, without reasonable excuse, fails to give a notice when required to do so by subsection (1) commits an offence and is liable on conviction to a fine at level 1. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 24 Contractor and authorized person to notify Authority when undertaking construction operations VerDate:24/02/2005 (1) Within 14 days after any construction operations have begun or such further time as the Authority may in any case allow— (a) the contractor in respect of the construction operations; and (b) the authorized person appointed in respect of the construction operations, shall each give notice to the Authority in the specified form that he is the contractor in respect of the construction operations or the authorized person appointed in respect of the construction operations, as the case may be. (2) Except in the case of a term contract, subsection (1) shall not apply in respect of any construction operations if it is reasonably estimated that the total value of such operations does not exceed the amount prescribed under section 23(4)(b). (3) Every notice under subsection (1) shall state the estimated total value of the construction operations. (4) A contractor or authorized person complies with subsection (1) if he— (a) had given a notice to CITA under section 24 of the Industrial Training (Construction Industry) Ordinance (Cap 317) in respect of the construction operations; and (b) sent a copy of that notice to the Authority within the period of 14 days, or such further time as the Authority may have allowed, within which he shall give notice under that subsection. (5) Every contractor or authorized person who, without reasonable excuse, fails to give a notice when required to do so by subsection (1) commits an offence and is liable on conviction to a fine at level 1. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 25 Notice by contractor and authorized person of payments made in respect of construction operations and of completion VerDate:01/01/2008 (1) Subject to subsection (2), where a payment or an interim payment is made to a contractor or for his benefit in respect of any construction operations or a stage of any construction operations (if the construction operations are undertaken or carried out in stages), the contractor shall, within 14 days after the payment is made or such further time as the Authority may in any case allow, give notice of it to the Authority in the specified form. (2) Where any payment or interim payment is made in any calendar month to a contractor or for his benefit in respect of any construction operations that are carried out under a term contract, the contractor shall, within 14 days after the last day of that month or such further time as the Authority may in any case allow, give notice of it to the Authority in the specified form. (3) Not later than 14 days, or such further time as the Authority may in any case allow, after the completion of any construction operations, or of a stage of any construction operations (if the construction operations are undertaken or carried out in stages), the contractor undertaking the construction operations, and the authorized person appointed in respect of the construction operations, shall each give notice of such completion to the Authority in the specified form. (4) Except in the case of a term contract, subsections (1) and (3) shall not apply in respect of any construction operations if it is reasonably estimated that the total value of such operations does not exceed the amount prescribed under section 23(4)(b). (5) Every notice under subsection (1), (2) or (3) shall state the value of the construction operations or the stage of the construction operations— (a) in respect of which payment was made; or (b) which have or has been completed, as the case may be. (6) A contractor or authorized person complies with subsection (1), (2) or (3) if he— (a) had given a notice to CIC under section 35 or 36 of the Construction Industry Council Ordinance (Cap 587) in respect of the relevant payment or completion; and (Amended 12 of 2006 s. 84) (b) sent a copy of that notice to the Authority within the period of 14 days, or such further time as the Authority may have allowed, within which he shall give notice under that subsection. (7) Every contractor or authorized person who, without reasonable excuse, fails to give a notice when required to do so by subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 3. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 25 Notice by contractor and authorized person of payments made in respect of construction operations and of completion VerDate:24/02/2005 (1) Subject to subsection (2), where a payment or an interim payment is made to a contractor or for his benefit in respect of any construction operations or a stage of any construction operations (if the construction operations are undertaken or carried out in stages), the contractor shall, within 14 days after the payment is made or such further time as the Authority may in any case allow, give notice of it to the Authority in the specified form. (2) Where any payment or interim payment is made in any calendar month to a contractor or for his benefit in respect of any construction operations that are carried out under a term contract, the contractor shall, within 14 days after the last day of that month or such further time as the Authority may in any case allow, give notice of it to the Authority in the specified form. (3) Not later than 14 days, or such further time as the Authority may in any case allow, after the completion of any construction operations, or of a stage of any construction operations (if the construction operations are undertaken or carried out in stages), the contractor undertaking the construction operations, and the authorized person appointed in respect of the construction operations, shall each give notice of such completion to the Authority in the specified form. (4) Except in the case of a term contract, subsections (1) and (3) shall not apply in respect of any construction operations if it is reasonably estimated that the total value of such operations does not exceed the amount prescribed under section 23(4)(b). (5) Every notice under subsection (1), (2) or (3) shall state the value of the construction operations or the stage of the construction operations— (a) in respect of which payment was made; or (b) which have or has been completed, as the case may be. (6) A contractor or authorized person complies with subsection (1), (2) or (3) if he— (a) had given a notice to CITA under section 25 of the Industrial Training (Construction Industry) Ordinance (Cap 317) in respect of the relevant payment or completion; and (b) sent a copy of that notice to the Authority within the period of 14 days, or such further time as the Authority may have allowed, within which he shall give notice under that subsection. (7) Every contractor or authorized person who, without reasonable excuse, fails to give a notice when required to do so by subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 3. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 26 Assessment VerDate:24/02/2005 (1) On receipt of a notice of payment under section 25(1) or (2), the Authority shall assess the amount of levy due in respect of the construction operations or the stage of the construction operations to which the payment relate or relates. (2) Where more than one payment is made or to be made in respect of any construction operations or a stage of any construction operations, the assessment under subsection (1) shall be a provisional assessment and a final assessment shall be made on the final payment in respect of the construction operations, each stage of the construction operations or all stages of the construction operations, as is appropriate. (3) On receipt of a notice of completion of any construction operations, or a stage of any construction operations, under section 25(3), the Authority shall, if no assessment under subsection (1) or (2) has been made, assess the amount of levy due in respect of the construction operations or the stage of the construction operations. (4) Where any construction operations are undertaken or carried out in stages, the Authority may make a provisional assessment under subsection (3) on the completion of each stage of the construction operations and make a final assessment on the completion of all stages of the construction operations. (5) Notwithstanding subsections (1), (2) and (3), where construction operations are carried out under a term contract, the Authority may defer the making of any assessment under subsection (1), (2) or (3) until such time as the Authority considers appropriate. (6) The Authority may assess the amount of levy due in respect of the construction operations, or the stage of the construction operations, which have or has been completed notwithstanding that no notice has been given to the Authority under section 25. (7) Where it appears to the Authority that an assessment of levy has been made at less than the proper amount, then, subject to subsection (11), the Authority may at any time make an additional assessment of levy due in respect of the construction operations or the stage of the construction operations. (8) If a contractor fails to give any notice required to be given by him under section 25 and does not give a reasonable excuse for the failure within such period as the Authority may allow in any case, the Authority may, in addition to the levy assessed under this section and payable by the contractor, impose a surcharge on the contractor not exceeding twice the amount of levy so assessed. (9) Any assessment of levy or imposition of surcharge under this section shall be notified in writing by the Authority. (10) A levy or surcharge shall not be payable by a contractor— (a) if he has not been notified by the Authority of an assessment of such levy or imposition of such surcharge, as the case may be, under subsection (9); or (b) to the extent that the levy or surcharge, as the case may be, has been paid by any other contractor unless the levy or surcharge, as the case may be, may be required or ordered to be repaid to that other contractor under section 27(4), 29(4) or 30(4). (11) Subject to subsection (12), an assessment or surcharge under this section shall be made or imposed within— (a) 2 years after the completion of the construction operations; or (b) 1 year after evidence of facts, sufficient in the opinion of the Authority to justify the making of the assessment or the imposition of the surcharge, comes to its knowledge, whichever is the later. (12) If construction operations are carried out under a term contract, an assessment or surcharge under this section shall be made or imposed within— (a) 2 years after the completion of all construction operations to which the contract relates; (b) 2 years after the expiration of the period within which all construction operations to which the contract relates have to be completed as provided for by the contract; or (c) 1 year after evidence of facts, sufficient in the opinion of the Authority to justify the making of the assessment or the imposition of the surcharge, comes to its knowledge, whichever is the last to occur. (13) For the purposes of this section, where the amount of levy due in respect of a stage of any construction operations is assessed under this section, the amount of levy shall be assessed as if such stage of the construction operations separately constitutes construction operations subject to payment of levy under this Ordinance. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 27 Payment of levy VerDate:24/02/2005 (1) The amount of levy or surcharge specified in a notice given to a contractor under section 26(9) shall be paid by the contractor to the Authority within 28 days after the receipt by him of the notice. (2) If the amount of levy or surcharge is not paid within the period specified in subsection (1), the contractor shall be liable to pay, in addition, a penalty of 5% of the amount unpaid. (3) If the amount of levy or surcharge including any penalty payable under subsection (2) is not paid within 3 months after the expiry of the period specified in subsection (1), the contractor shall be liable to pay, in addition, a further penalty of 5% of the amount unpaid. (4) The Authority may remit all or part of any levy or surcharge payable under subsection (1), or any penalty or further penalty payable under subsection (2) or (3), if, in the special circumstances of any case, it thinks it fair and reasonable to do so, and if the amount so remitted has been paid, it shall be repaid. (5) Payment shall be made in accordance with subsections (1), (2) and (3) notwithstanding that the contractor may wish to object to the levy assessed or surcharge imposed under section 26. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 28 Recovery of levy VerDate:24/02/2005 (1) Any amount of levy or surcharge, including the amount of any penalty or further penalty, due and payable under this Ordinance shall be recoverable as a debt due to the Authority. (2) An action under subsection (1) may be brought in the District Court notwithstanding that the amount due exceeds the civil jurisdiction of the Court as may from time to time be determined under the District Court Ordinance (Cap 336). (3) Where an amount due under subsection (1) is within the jurisdiction of the Small Claims Tribunal established under the Small Claims Tribunal Ordinance (Cap 338), an action may be brought in that Tribunal to recover that amount. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 29 Objection VerDate:24/02/2005 (1) Any person who is notified under section 26(9) of an assessment of levy, or imposition of surcharge, may, by notice in writing served on the Authority within 21 days after the receipt by him of the notice, object to the levy or surcharge. (2) A notice of objection under subsection (1) shall state precisely the grounds of objection and shall be accompanied by all written statements and other documentary evidence relied upon by the objector in support of the objection. (3) An objection under subsection (1) shall be considered by the Authority, which may confirm, cancel or reduce the levy or surcharge. (4) The Authority shall notify in writing the objector of its decision under subsection (3) within 28 days after the receipt by the Authority of the notice of objection under subsection (1) and, if a levy or surcharge is cancelled or reduced, any amount which has been paid by the objector in excess of that found to be due, excluding the amount of any penalty or further penalty which has been paid, shall forthwith be repaid by the Authority to the objector. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 30 Appeals VerDate:24/02/2005 (1) An objector who is aggrieved with a decision notified to him under section 29(4) may appeal to the District Court against that decision. (2) An appeal under subsection (1) shall be lodged within 30 days after the receipt by the objector of the notification. (3) An appeal under this section shall not be heard unless the amount of levy or surcharge that is the subject-matter of the appeal, including the amount of any penalty or further penalty, has been paid. (4) On hearing any appeal under this section the District Court may— (a) confirm, cancel or reduce the levy or surcharge; (b) if it cancels or reduces a levy or surcharge, order the repayment of the amount of levy or surcharge cancelled or reduced, excluding the amount of any penalty or further penalty which has been paid, with interest from the date of payment to the Authority at such rate as the Court may determine or without interest; and (c) make such order as it thinks fit as to the payment of the costs of the hearing. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 31 Provision of information and production of documents VerDate:18/04/2008 (1) An employer, contractor or authorized person concerned in any construction operations shall— (a) provide the Authority or a levy inspector, within such time and in such form as the Authority or the inspector may specify, with such information relating to the construction operations (including any amount paid or payable in respect of the construction operations or any work connected therewith), or the name and address of the person for or by whom the construction operations are undertaken, as the Authority or the inspector may require for the purpose of performing its or his functions under this Ordinance; (b) on being so required by the Authority or a levy inspector, produce or cause to be produced any documents or records in his possession relating to the construction operations (including any amount paid or payable in respect of the construction operations or any work connected therewith) for inspection by the Authority or the inspector and permit the Authority or the inspector to take copies or make extracts from them or to remove them for a reasonable period. (2) Subject to subsection (3), no person shall disclose otherwise than to the Authority, or to an employee of the Authority in his official capacity, any information provided or obtained under subsection (1) (including information obtained from documents or records) without the consent of the person who provided it or from whom it was obtained. (3) Subsection (2) shall not apply— (a) to the provision of information under— (i) section 59 or 60 of the Construction Industry Council Ordinance (Cap 587); or (Replaced 12 of 2006 s. 84) (ii) regulation 14 of the Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations (Cap 360 sub. leg. A); (Amended 6 of 2008 s. 50) (b) to the supply of a copy of personal data in compliance with a data access request under section 18 of the Personal Data (Privacy) Ordinance (Cap 486); (c) to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of employers, contractors or authorized persons if the summary is so framed as not to enable particulars relating to any particular contractor's business to be ascertained from it; (d) to the disclosure of information by the Authority to any person authorized or employed by it for the purpose of checking or ascertaining the value of construction operations; (e) to the disclosure of information by the Authority to CIC, or to the Pneumoconiosis Compensation Fund Board established under the Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap 360); or (Amended 12 of 2006 s. 84; 6 of 2008 s. 50) (f) to any disclosure of information made for the purpose of any legal proceedings brought under this Ordinance, or for the purpose of any report of any such proceedings. (4) Any person who, without reasonable excuse, fails to comply with a requirement under subsection (1) when it is within his power to do so commits an offence and is liable on conviction to a fine at level 1. (5) Any person who intentionally discloses any information in contravention of subsection (2) commits an offence and is liable on conviction to a fine at level 3. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 31 Provision of information and production of documents VerDate:01/01/2008 (1) An employer, contractor or authorized person concerned in any construction operations shall— (a) provide the Authority or a levy inspector, within such time and in such form as the Authority or the inspector may specify, with such information relating to the construction operations (including any amount paid or payable in respect of the construction operations or any work connected therewith), or the name and address of the person for or by whom the construction operations are undertaken, as the Authority or the inspector may require for the purpose of performing its or his functions under this Ordinance; (b) on being so required by the Authority or a levy inspector, produce or cause to be produced any documents or records in his possession relating to the construction operations (including any amount paid or payable in respect of the construction operations or any work connected therewith) for inspection by the Authority or the inspector and permit the Authority or the inspector to take copies or make extracts from them or to remove them for a reasonable period. (2) Subject to subsection (3), no person shall disclose otherwise than to the Authority, or to an employee of the Authority in his official capacity, any information provided or obtained under subsection (1) (including information obtained from documents or records) without the consent of the person who provided it or from whom it was obtained. (3) Subsection (2) shall not apply— (a) to the provision of information under— (i) section 59 or 60 of the Construction Industry Council Ordinance (Cap 587); or (Replaced 12 of 2006 s. 84) (ii) regulation 14 of the Pneumoconiosis (Compensation) (Assessment of Levy) Regulations (Cap 360 sub. leg. A); (b) to the supply of a copy of personal data in compliance with a data access request under section 18 of the Personal Data (Privacy) Ordinance (Cap 486); (c) to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of employers, contractors or authorized persons if the summary is so framed as not to enable particulars relating to any particular contractor's business to be ascertained from it; (d) to the disclosure of information by the Authority to any person authorized or employed by it for the purpose of checking or ascertaining the value of construction operations; (e) to the disclosure of information by the Authority to CIC, or to the Pneumoconiosis Compensation Fund Board established under the Pneumoconiosis (Compensation) Ordinance (Cap 360); or (Amended 12 of 2006 s. 84) (f) to any disclosure of information made for the purpose of any legal proceedings brought under this Ordinance, or for the purpose of any report of any such proceedings. (4) Any person who, without reasonable excuse, fails to comply with a requirement under subsection (1) when it is within his power to do so commits an offence and is liable on conviction to a fine at level 1. (5) Any person who intentionally discloses any information in contravention of subsection (2) commits an offence and is liable on conviction to a fine at level 3. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 31 Provision of information and production of documents VerDate:24/02/2005 (1) An employer, contractor or authorized person concerned in any construction operations shall— (a) provide the Authority or a levy inspector, within such time and in such form as the Authority or the inspector may specify, with such information relating to the construction operations (including any amount paid or payable in respect of the construction operations or any work connected therewith), or the name and address of the person for or by whom the construction operations are undertaken, as the Authority or the inspector may require for the purpose of performing its or his functions under this Ordinance; (b) on being so required by the Authority or a levy inspector, produce or cause to be produced any documents or records in his possession relating to the construction operations (including any amount paid or payable in respect of the construction operations or any work connected therewith) for inspection by the Authority or the inspector and permit the Authority or the inspector to take copies or make extracts from them or to remove them for a reasonable period. (2) Subject to subsection (3), no person shall disclose otherwise than to the Authority, or to an employee of the Authority in his official capacity, any information provided or obtained under subsection (1) (including information obtained from documents or records) without the consent of the person who provided it or from whom it was obtained. (3) Subsection (2) shall not apply— (a) to the provision of information under— (i) section 31 of the Industrial Training (Construction Industry) Ordinance (Cap 317); or (ii) regulation 14 of the Pneumoconiosis (Compensation) (Assessment of Levy) Regulations (Cap 360 sub. leg. A); (b) to the supply of a copy of personal data in compliance with a data access request under section 18 of the Personal Data (Privacy) Ordinance (Cap 486); (c) to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of employers, contractors or authorized persons if the summary is so framed as not to enable particulars relating to any particular contractor's business to be ascertained from it; (d) to the disclosure of information by the Authority to any person authorized or employed by it for the purpose of checking or ascertaining the value of construction operations; (e) to the disclosure of information by the Authority to CITA, or to the Pneumoconiosis Compensation Fund Board established under the Pneumoconiosis (Compensation) Ordinance (Cap 360); or (f) to any disclosure of information made for the purpose of any legal proceedings brought under this Ordinance, or for the purpose of any report of any such proceedings. (4) Any person who, without reasonable excuse, fails to comply with a requirement under subsection (1) when it is within his power to do so commits an offence and is liable on conviction to a fine at level 1. (5) Any person who intentionally discloses any information in contravention of subsection (2) commits an offence and is liable on conviction to a fine at level 3. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 32 Offences: Part 5 VerDate:24/02/2005 (1) A person who is knowingly concerned in, or in the taking of steps with a view to, the fraudulent evasion of the payment of a levy, whether due from him or from any other person, commits an offence and is liable on conviction to a fine at level 3 or 3 times the amount of levy that was or was intended to be evaded by his conduct, whichever is the greater. (2) A person who— (a) with intent to deceive, produces, supplies, sends or otherwise uses, for the purposes of this Part, any document or record that is false in a material particular; or (b) in providing any information for the purposes of this Part, makes any statement which he knows to be false in a material particular or recklessly makes a statement that is false in a material particular, commits an offence and is liable on conviction to a fine at level 3 or 3 times the amount of levy that was or was intended to be evaded by his conduct, whichever is the greater. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 33 Levy inspector VerDate:24/02/2005 The Authority may, subject to the approval of the Secretary, appoint in writing a person to be a levy inspector for the purposes of this Part. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 34 Evidence by certificate, etc. VerDate:24/02/2005 A certificate purporting to be signed by a levy inspector— (a) that any notice required by or under this Part has or has not been given or has or has not been given on any date; or (b) that any amount of levy, surcharge, penalty or further penalty due under this Part has not been paid, shall be sufficient evidence of that fact until the contrary is proved. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 35 Authentication, and production in evidence of documents VerDate:24/02/2005 (1) A notice or document given or issued by the Authority for the purposes of this Part may be signed by a levy inspector. (2) A document purporting to be a notice or document given or issued by the Authority for the purposes of this Part and purporting to be signed by a levy inspector shall be received in evidence and shall until the contrary is proved be deemed to be such a notice or document. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 36 Appointment of Registrar VerDate:18/09/2004 PART 6 REGISTRATION OF CONSTRUCTION WORKERS (1) The Authority shall, subject to the approval of the Secretary, appoint a person to be the Registrar of Construction Workers on such terms as the Authority thinks fit. (2) An appointment under subsection (1) shall be notified in the Gazette. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 37 Functions and powers of Registrar VerDate:18/09/2004 (1) The Registrar shall— (a) establish and maintain a Register of Construction Workers; (b) examine, assess and verify the qualifications of applicants for registration or renewal of registration; (c) receive and examine applications for registration or renewal of registration, and accept or reject those applications; (d) collect from applicants for registration or renewal of registration, or for replacement registration cards, the prescribed fees in relation to the application and hand over to the Authority the fees so collected; (e) maintain a database of information relating to registered construction workers; (f) collect the copy of record furnished to the Registrar under section 58(7)(b) and if directed to do so by the Authority, either generally or in a particular case, provide to a public body the information contained in those records; and (g) perform such other functions as are imposed on the Registrar under this Ordinance or any other enactment. (2) The Authority shall not direct the Registrar to provide to a public body any of the information referred to in subsection (1)(f) unless the information is— (a) to be used in relation to the enforcement of any law; or (b) in the form of a summary that is so framed as not to enable particulars relating to any particular registered construction worker to be ascertained from it. (3) The Registrar may do all such things as are necessary for, or incidental or conductive to, the performance of the Registrar's functions and may exercise such powers as are conferred on the Registrar under this Ordinance or any other enactment. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 38 Register of Construction Workers VerDate:29/12/2005 (1) An entry in the Register of a person as a registered construction worker shall show— (a) the name of the person; (b) the registration number of the person; (c) the date of registration; (d) the date on which the registration expires; (e) whether the person is registered as— (i) a registered skilled worker for a designated trade; (ii) a registered skilled worker (provisional) for a designated trade; (iii) a registered semi-skilled worker for a designated trade; (iv) a registered semi-skilled worker (provisional) for a designated trade; or (v) a registered general worker; (f) unless the person is registered as a registered general worker, the designated trade for which the person is registered; and (g) a remark to be entered under section 49(4)(b) in relation to the person. (2) For the purpose of enabling a member of the public— (a) to ascertain whether a person is a registered construction worker; and (b) if that person is a registered construction worker, to ascertain the particulars of the registration of that person, the Register shall be available to any person for inspection free of charge at the office of the Registrar at such reasonable times as the Registrar may specify. (3) A person whose name is entered in the Register shall notify in writing the Registrar of any change in his name or address within one month of the change. (4) A person who, without reasonable excuse, contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 1. (5) A person who, without lawful authority— (a) obliterates, defaces or otherwise alters an existing entry in the Register; or (b) adds a new entry in the Register, commits an offence and is liable to a fine at level 3. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 39 Application for registration VerDate:29/12/2005 (1) A person may apply to the Registrar for registration as— (a) a registered skilled worker for one or more designated trades set out in Part 1 or 2 of Schedule 1; (b) a registered skilled worker (provisional) for one or more designated trades set out in Part 1 or 2 of Schedule 1; (c) a registered semi-skilled worker for one or more designated trades set out in Part 2 or 3 of Schedule 1; (d) a registered semi-skilled worker (provisional) for one or more designated trades set out in Part 2 or 3 of Schedule 1; or (e) a registered general worker. (2) An application under subsection (1) shall be— (a) in the specified form; and (b) accompanied by the prescribed fee. (3) Paragraphs (b) and (d) of subsection (1) each expires on a day or days to be appointed by the Secretary by notice published in the Gazette. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 40 Qualifications for registration VerDate:29/12/2005 (1) The Registrar shall not register a person as a registered construction worker unless the Registrar is satisfied that— (a) the person holds a certificate referred to in section 6BA(2) of the Factories and Industrial Undertakings Ordinance (Cap 59) in respect of that person's attendance at a safety training course that relates to construction work within the meaning of that Ordinance; and (b) the person— (i) is a Hong Kong permanent resident; or (ii) is not subject to any conditions of stay in Hong Kong that he shall not take up any paid or unpaid employment in Hong Kong. (2) Subject to section 42(4), the Registrar shall not register a person as a registered skilled worker for a designated trade set out in Part 1 of Schedule 1 unless the Registrar is satisfied that the person— (a) holds a certificate set out in column 3, or a qualification set out in column 4, of that Part opposite the trade; (b) holds a certificate referred to in section 41(1)(b)— (i) in respect of a training course that the Authority specifies under section 41(1) in relation to the registered skilled workers (provisional) for the trade; and (ii) issued to the person while a registered skilled worker (provisional) for the trade; or (c) holds a qualification that the Registrar, in consultation with the Qualifications Committee, considers as an equivalent qualification. (3) Subject to section 42(5), the Registrar shall not register a person as a registered skilled worker for a designated trade set out in Part 2 of Schedule 1 unless the Registrar is satisfied that the person— (a) holds a certificate set out in column 3, or a qualification set out in column 4, of that Part opposite the trade; (b) holds a certificate referred to in section 41(1)(b)— (i) in respect of a training course that the Authority specifies under section 41(1) in relation to the registered skilled workers (provisional) for the trade; and (ii) issued to the person while a registered skilled worker (provisional) for the trade; or (c) holds a qualification that the Registrar, in consultation with the Qualifications Committee, considers as an equivalent qualification. (4) Subject to section 42(1), (2) and (5), the Registrar shall not register a person as a registered skilled worker (provisional) for a designated trade set out in Part 1 or 2 of Schedule 1 unless the Registrar is satisfied that, as at the commencement of this subsection, the person has, for a period, or an aggregate period, of not less than 6 years, personally carried out construction work that involves any work described in column 2 of that Part opposite the trade. (5) Subject to section 42(5), the Registrar shall not register a person as a registered semi-skilled worker for a designated trade set out in Part 2 of Schedule 1 unless the Registrar is satisfied that the person— (a) holds an intermediate trade test certificate set out in column 5 of that Part opposite the trade; or (b) holds a qualification that the Registrar, in consultation with the Qualifications Committee, considers as an equivalent qualification. (6) The Registrar shall not register a person as a registered semi-skilled worker for a designated trade set out in Part 3 of Schedule 1 unless the Registrar is satisfied that the person— (a) holds an intermediate trade test certificate set out in column 3, or a qualification set out in column 4, of that Part opposite the trade; or (b) holds a qualification that the Registrar, in consultation with the Qualifications Committee, considers as an equivalent qualification. (7) Subject to section 42(2), (3) and (5), the Registrar shall not register a person as a registered semi-skilled worker (provisional) for a designated trade set out in Part 2 or 3 of Schedule 1 unless the Registrar is satisfied that, as at the commencement of this subsection, the person has, for a period, or an aggregate period, of not less than 2 years, personally carried out construction work that involves any work described in column 2 of that Part opposite the trade. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 41 Training course for registered skilled worker (provisional) VerDate:29/12/2005 (1) The Authority may, in relation to the registered skilled workers (provisional) for a designated trade, specify a training course— (a) which is, in the opinion of the Authority, a course of training for those workers on carrying out on a construction site construction work that involves any work described in column 2 of Part 1, 2 or 3 of Schedule 1 opposite the trade; and (b) in respect of which a certificate is issued to a person who— (i) attends and completes the course; (ii) attends and completes the assessment, conducted during or at the end of the course, of the person's competence in the area covered by the course; and (iii) satisfies the assessor that the person is so competent. (2) The Authority shall give notice in the Gazette of any training course that it specifies under subsection (1). (3) A registered skilled worker (provisional) for a designated trade may, at his own cost, attend a training course that the Authority specifies under subsection (1) in relation to the registered skilled workers (provisional) for the trade. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 42 Special provision on registration for certain trades VerDate:29/12/2005 (1) The Registrar shall not register a person as a registered skilled worker (provisional) for a designated trade set out in Part 1 of Schedule 1 if a qualification is set out in column 4 of that Part opposite the trade. (2) The Registrar shall not register a person as a registered skilled worker (provisional), or a registered semi-skilled worker (provisional), for a designated trade set out in Part 2 of Schedule 1 if a qualification is set out in column 4 of that Part opposite the trade. (3) The Registrar shall not register a person as a registered semi-skilled worker (provisional) for a designated trade set out in Part 3 of Schedule 1 if a qualification is set out in column 4 of that Part opposite the trade. (4) The Registrar shall not register a person as a registered skilled worker for the designated trade of diver unless the Registrar is satisfied that the person is certified by a registered medical practitioner that the person is medically fit to dive. (5) The Registrar shall not register a person as a registered skilled worker, a registered skilled worker (provisional), a registered semi-skilled worker, or a registered semi-skilled worker (provisional), for the designated trade of Building Security System Mechanic unless the Registrar is satisfied that the person holds a permit in relation to the activities within paragraph (c) or (d) of the definition of "security work" in section 2 of the Security and Guarding Services Ordinance (Cap 460). CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 43 Acceptance and rejection of registration VerDate:29/12/2005 (1) The Registrar shall accept or reject an application for registration or renewal of registration in accordance with this Ordinance. (2) Where the Registrar rejects an application for registration or renewal of registration, the Registrar shall notify in writing the applicant of the rejection and the reasons for the rejection. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 44 Expiry and renewal of registration VerDate:29/12/2005 (1) Subject to subsection (5), the registration of a person shall expire on a day that is specified by the Registrar in accordance with subsection (2). (2) The date so specified shall— (a) if the person is a Hong Kong permanent resident, subject to subsection (3), be not less than 12 months, and not more than 48 months, after the relevant date; (b) if the person is not a Hong Kong permanent resident, subject to subsections (3) and (4), be not more than 48 months after the relevant date. (3) If, on the date of registration or renewal of registration, the person holds another registration that is in effect, the date so specified shall be the day on which that other registration expires. (4) If, on the date of registration or renewal of registration, the person is subject to a condition of stay in Hong Kong limiting the period during which the person may remain in Hong Kong, the date so specified shall be a day within that period. (5) A person may apply to the Registrar for the renewal of his registration. (6) An application under subsection (5) shall be— (a) in the specified form; and (b) accompanied by the prescribed fee. (7) An application under subsection (5) shall be made— (a) not earlier than 3 months before and not later than 7 business days before the date of expiry of the person's registration; (b) after the expiry of the period referred to in paragraph (a) but before the date on which the Registrar gives notice to the person that the Registrar intends to cancel the person's registration under section 49(1)(b); or (c) in the case where the Registrar has given notice to the person that the Registrar intends to cancel the person's registration under section 49(1)(b), before the expiry of the period of 14 days referred to in section 49(2)(b). (8) The Registrar shall not renew the registration of a person unless the Registrar is satisfied that— (a) the person complies with the applicable requirements for registration set out in sections 40 and 42(4) and (5); and (b) if the registration will, on the date of its expiry, have been in effect for not less than 2 years, the person has attended and completed, during the period of 1 year immediately before the date of application for renewal of the registration, such development courses applicable to his registration as the Authority may specify. (9) The Authority shall give notice in the Gazette of the development courses that it specifies for the purposes of subsection (8)(b). (10) In this section— "registration" (註冊) means registration under this Ordinance as— (a) a registered skilled worker for a designated trade; (b) a registered semi-skilled worker for a designated trade; or (c) a registered general worker, and "registered" (註冊) shall be construed accordingly; "relevant date" (有關日期) means— (a) the date of registration; (b) in the case of an application for renewal of registration made in accordance with subsection (7)(a), the date on which the registration would have expired but for the renewal; (c) in the case of an application for renewal of registration made in accordance with subsection (7)(b)— (i) the date on which the registration would have expired but for the renewal; or (ii) the date of renewal of registration, whichever is the later; or (d) in the case of an application for renewal of registration made in accordance with subsection (7)(c), the date of renewal of registration. "registration" (註冊) "registered" (註冊) "relevant date" (有關日期) CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 45 Expiry of registration as registered skilled worker (provisional), etc. VerDate:29/12/2005 (1) The registration of a person as a registered skilled worker (provisional) for a designated trade shall expire— (a) on the third anniversary of the date of registration; or (b) on the date on which the person is registered as a registered skilled worker for the trade, whichever is the earlier. (2) The registration of a person as a registered semi-skilled worker (provisional) for a designated trade shall expire— (a) on the third anniversary of the date of registration; or (b) on the date on which the person is registered as a registered skilled worker, or a registered semi-skilled worker, for the trade, whichever is the earlier. (3) The registration of a person as a registered skilled worker (provisional), or a registered semi-skilled worker (provisional), for a designated trade is not renewable. CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 46 Issue of registration card VerDate:29/12/2005 (1) Subject to subsections (2), (3) and (4), the Registrar shall, on registering a person as a registered construction worker ("current registration"), issue to the person a registration card in respect of the current registration. (2) If the person was issued a registration card in respect of a registration that is in effect ("previous registration"), the Registrar shall— (a) revise the data recorded on the card to the effect that the card is in respect of the current registration and the previous registration; and (b) issue to the person the card with the revised data recorded on it. (3) If— (a) the person was issued a registration card in respect of a previous registration; (b) the person has applied to the Registrar for a replacement registration card under subsection (8); and (c) the Registrar is satisfied that the registration card concerned has in fact been lost or destroyed, the Registrar shall issue to the person a replacement registration