Hong Kong Ordinances

CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/2007).
(Past version on 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); "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.
___________________________________________________________________________
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* 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)