Hong Kong Ordinances

CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 19

Interpretation

(Past version on 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 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)