Hong Kong Ordinances

CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 25

Notice by contractor and authorized person of payments made in respect of construction operations and of completion

(Past version on 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 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.