Hong Kong Ordinances

CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SECT 6

Offences in relation to prohibitions under sections 3 and 5

This subsection (1) has commenced operation since 01 September 2007 in so far
as it relates to the contravention of section 3(1).— See L.N. 93 of 2007.
This subsection (2) has commenced operation since 01 September 2007 in so far
as it relates to the contravention of section 5 (to the extent that it is in
operation under paragraph (b)).— See L.N. 93 of 2007. This subsection (4)
has commenced operation since 01 September 2007 in so far as it relates to the
contravention of section 3(1) or the contravention of section 5 (to the extent
that it is in operation under paragraph (b)).— See L.N. 93 of 2007.

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

(1) A person who contravenes section 3(1), (2), (3) or (4) commits an offence
and is liable on conviction to a fine at level 3.

(2) A person who contravenes section 5 commits an offence and is liable on
conviction to a fine at level 5.

(3) If a person is charged for an offence under subsection (2) for employing
another person to personally carry out on a construction site
construction work in contravention of section 3(1), (2), (3) or (4), it shall
be a defence for the defendant to prove that he believed, and that it was
reasonable for him to believe, the relevant matter exists.

(4) If—

   (a)  there is a contravention of section 3(1), (2), (3) or (4), and the
        person who commits the contravention is employed by a principal 
        contractor for the construction site concerned, or a sub-contractor of
        such a principal contractor; or

   (b)  there is a contravention of section 5, and the person who commits the
        contravention is a sub-contractor of a principal contractor for the
        construction site concerned, that principal contractor also commits an
        offence and is liable on conviction to a fine at level 5.

(5) If a person is charged for an offence under subsection (4), it shall be a
defence for the defendant to prove that he took reasonable steps, and
exercised due diligence, to ensure the relevant matter exists.

(6) Without prejudice to the generality of subsection (5), a
principal contractor establishes a defence under that subsection if he proves
that he had—

   (a)  established a proper system to ensure the relevant matter exists; and

   (b)  ensured the effective operation of the system.

(7) For the purposes of subsection (6)(a), a principal contractor had not
established a proper system unless at the material time he had complied
with—

   (a)  section 48(6)(a); and

   (b)  if applicable, section 58(1).

(8) For the purposes of subsections (3), (5) and (6)(a), the relevant matter
exists if—

   (a)  in the case of an offence in relation to a contravention of
        section 3(1), the person who personally carried out construction work
        was a registered construction worker;

*[(b) in the case of an offence in relation to a contravention of
section 3(2), the person who personally carried out construction work that
involved any work described in column 2 of Part 1 of Schedule 1 opposite a
designated trade set out in that Part—

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

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

        (iii)  was a registered construction worker who might do so under
               section 4(1);

   (c)  in the case of an offence in relation to a contravention of
        section 3(3), the person who personally carried out construction work
        that involved any work described in column 2 of Part 2 of Schedule 1
        opposite a designated trade set out in that Part—

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

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

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

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

        (v)    was a registered construction worker who might do so under
               section 4(2);

   (d)  in the case of an offence in relation to a contravention of
        section 3(4), the person who personally carried out construction work
        that involved any work described in column 2 of Part 3 of Schedule 1
        opposite a designated trade set out in that Part—

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

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

        (iii)  was a registered construction worker who might do so under
               section 4(3).]