Hong Kong Ordinances

CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 58

Principal contractors and controllers to retrieve and record data of registered construction workers on construction site

PART 8

MISCELLANEOUS

(1) Subject to subsections (5) and (6), a principal contractor for a
construction site shall provide on the site such device that enables the data
stored in a registration card in electronic form to be retrieved unless the
construction work that the principal contractor undertakes on the site—

        (a)	falls within paragraph (c) of the definition of "construction 
work" in section 2; or

   (b)  has not begun.

(2) A principal contractor for a construction site may apply to the Authority
to be exempted from subsection (1) in relation to the site.

(3) An application under subsection (2) shall be—

   (a)  in the specified form; and

   (b)  made within 7 days after any construction work begins on the
        construction site, or within such further time as the Authority may in
        any case allow.

(4) As soon as practicable after receiving an application under subsection (2)
by a principal contractor for a construction site, the Authority shall—

   (a)  consider the application with regard to the physical condition and
        location of the site and the value of construction work carried out,
        or to be carried out, on the site; and

   (b)  by notice in writing served on the principal contractor—

        (i)    grant the exemption subject to such conditions, if any, as the
               Authority thinks fit; or

        (ii)   refuse to grant the exemption.

(5) Subject to subsection (6), if the Authority refuses, under paragraph (b)
of subsection (4), to grant the exemption to a principal  contractor for a
construction site, the principal contractor is only required to comply with
subsection (1) in relation to the site for the period after the date of the
notice referred to in that paragraph.

(6) If an Appeal Board, in an appeal under section 52(3), decides that a
principal contractor for a construction site shall not be exempted from
subsection (1), the principal contractor is only required to comply with that
subsection in relation to the site for the period after the date of notice of
the decision of the Appeal Board.

(7) A controller of a construction site shall—

   (a)  establish and maintain a daily record that—

        (i)    is in the specified form; and

        (ii)   contains information of the registered construction workers
               who— (A) are employed by the controller and, in the case of a
               controller within the meaning of subsection (9)(a)(i), by a
               sub-contractor of the controller; and (B) personally carry out
               on the site construction work; and

   (b)  furnish the Registrar in such manner as directed by the Registrar with
        a copy of the record—

        (i)    for the period of 7 days after any construction work begins on
               the site; and

        (ii)   for each successive periods of 7 days, within 2 business days
               after the last day of the period concerned, or within such
               further time as the Registrar may in any case allow.

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

(1) or (7)(a) or (b)(i) or (ii) commits an offence and is liable on conviction
to a fine at level 3.

(9) In subsection (7)—

        (a)	"controller" (主管), in relation to a construction site, means—


        (i)    a principal contractor for the site; or

        (ii)   if there is no principal contractor for the site, any person
               who has control over, or is in charge of, the site; and

   (b)  any construction work that is building works, or street works, not
        carried out by or on behalf of the Government is deemed to begin on
        the date of the Building Authority's consent in writing for the
        commencement of the works under section 14(1)(b) of the Buildings 
        Ordinance ( Cap 123).

"controller" (主管)