Hong Kong Ordinances

CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 31

Provision of information and production of documents

(Past version on 01/01/2008).
(Past version on 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 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.