Hong Kong Ordinances

CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 48

Registered construction worker to carry registration card



* Items marked with asterisk have not yet come into operation.

(1) A registered construction worker shall comply with subsections

(2), (3), (4) and (5) if he—

   (a)  personally carries out on a construction site construction work;

*[(b) personally carries out on a construction site construction  work that
involves any work described in column 2 of Part 1 of Schedule 1 opposite a
designated trade set out in that Part as—

        (i)    a registered skilled worker for the trade; or

        (ii)   a registered skilled worker (provisional) for the trade;

   (c)  personally carries out on a construction site construction work that
        involves any work described in column 2 of Part 2 of Schedule 1
        opposite a designated trade set out in that Part as—

        (i)    a registered skilled worker for the trade;

        (ii)   a registered skilled worker (provisional) for the trade;

        (iii)  a registered semi-skilled worker for the trade; or

        (iv)   a registered semi-skilled worker (provisional) for the trade;
               or

   (d)  personally carries out on a construction site construction work that
        involves any work described in column 2 of Part 3 of Schedule 1
        opposite a designated trade set out in that Part as—

        (i)    a registered semi-skilled worker for the trade; or

        (ii)   a registered semi-skilled worker (provisional) for the trade.]

(2) A registered construction worker shall carry with him the
registration card issued to him in respect of the registration concerned while
on the construction site.

(3) A registered construction worker—

   (a)  if employed by a principal contractor for the construction  site, or a
        sub-contractor of such a principal contractor, shall, subject to
        subsection (4), produce the registration card issued to the worker on
        demand by that principal contractor or an agent of that principal 
        contractor authorized for the purpose; and

   (b)  shall, subject to subsection (5), produce that registration  card on
        demand by an authorized officer.

(4) If a registered construction worker is unable to comply with a demand by a
principal contractor, or an agent of a principal contractor, under subsection
(3)(a), he shall make a statement, in a register maintained under subsection
(6), that he has been issued a registration  card in respect of the
registration concerned and that registration is in effect, unless—

   (a)  he has made a like statement in that register on the day immediately
        preceding the day on which that demand is made; or

   (b)  he has made 2 like statements in that register during the 30 days
        immediately preceding the day on which that demand is made.

(5) If a registered construction worker is unable to comply with a demand by
an authorized officer under subsection (3)(b), he shall produce the
registration card at a place and within a period that are—

   (a)  specified by the authorized officer who made the demand; and

   (b)  reasonable in all the circumstances.

(6) A principal contractor for a construction site—

   (a)  shall establish and maintain a register for the purposes of subsection
        (4) in the specified form; and

   (b)  shall not cause or permit any statement referred to in subsection (4)
        made in the register to be removed from it at any time before the
        expiration of 24 months after the date on which the statement was made
        in the register.

(7) A person who—

   (a)  makes a statement referred to in subsection (4); and

   (b)  is not a person who has been issued a registration card in respect of
        the registration concerned, which is in effect, commits an offence and
        is liable on conviction to a fine at level 3.

(8) A person who, without reasonable excuse, contravenes subsection

(5) commits an offence and is liable on conviction to a fine at level 3.

(9) A person who contravenes subsection (6)(a) or (b) commits an offence and
is liable on conviction to a fine at level 3.