Hong Kong Ordinances

CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 40

Qualifications for registration

(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.