CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - CHAPTER 587 CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - LONG TITLE Long title VerDate:01/01/2008 An Ordinance to provide for— (a) the establishment of the Construction Industry Council as a body corporate; (b) the functions and management of the Construction Industry Council; (c) a levy to be paid by contractors in the construction industry in respect of construction operations; (d) the repeal of the Industrial Training (Construction Industry) Ordinance; (e) the dissolution of the Construction Industry Training Authority; (f) the vesting of the rights, assets, liabilities and obligations of the Construction Industry Training Authority in the Construction Industry Council; (g) corresponding amendments to the Pneumoconiosis (Compensation) Ordinance and the Pneumoconiosis (Compensation) (Assessment of Levy) Regulations in respect of the construction industry levy scheme under that Ordinance; and (h) other consequential and related matters. [Parts 1, 2 and 3 Sections 62, 63, 64, 65, 68 and 69 Section 84(1) (in so far as it relates to the new item 104 in section 4 of Schedule 6 and section 5 of that Schedule) Schedule 2 Schedule 3 Section 4 (in so far as it relates to the new item 104) of Schedule 6 and section 5 of that Schedule } } } } 1 February 2007 L.N. 264 of 2006 Remaining provisions } 1 January 2008 L.N. 183 of 2007] (Originally 12 of 2006) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 1 Short title VerDate:01/01/2008 PART 1 PRELIMINARY (1) This Ordinance may be cited as the Construction Industry Council Ordinance. (2) (Omitted as spent) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 1 Short title and commencement VerDate:01/07/2007 PART 1 PRELIMINARY (1) This Ordinance may be cited as the Construction Industry Council Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Development by notice published in the Gazette. (Amended L.N. 130 of 2007) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 1 Short title and commencement VerDate:01/02/2007 PART 1 PRELIMINARY (1) This Ordinance may be cited as the Construction Industry Council Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for the Environment, Transport and Works by notice published in the Gazette. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 2 Interpretation VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. (1) In this Ordinance, unless the context otherwise requires— “appointed day” (指定日期) means the day on which Part 9 comes into operation; “appointed member” (委任成員) means a member of the Council appointed under section 9(1)(a) or (c); “authorized person” (獲授權人), in relation to construction operations, means— (a) the authorized person appointed or nominated under section 4 of the Buildings Ordinance (Cap 123) in respect of the construction operations; or (b) if no authorized person is appointed under that section, the person appointed in accordance with section 66 in respect of the construction operations; “Board” (訓練委員會) means the Construction Industry Training Board established under section 29; “building” (建築物) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); “carry out” (進行), in relation to any construction operations, includes— (a) to manage, or to arrange for, the carrying out of the construction operations; (b) to provide one’s own labour or that of any other person for the carrying out of the construction operations; and (c) otherwise to undertake the construction operations; “CITA” (訓練局) means the Construction Industry Training Authority established by section 4 of the Industrial Training (Construction Industry) Ordinance (Cap 317) and in existence before the commencement of section 71; “construction contract” (建造合約) means a contract between an employer and a contractor under which the contractor carries out construction operations but does not include a contract of employment; “construction industry” (建造業) means the industry in which construction operations are carried out; “construction operations” (建造工程) has the meaning assigned to it in Schedule 1; “contract of employment” (僱傭合約) has the meaning assigned to it in section 2(1) of the Employment Ordinance (Cap 57); “contractor” (承建商), in relation to any construction operations (whether the construction operations are carried out under a contract or otherwise), means— (a) the person appointed as contractor under section 9 of the Buildings Ordinance (Cap 123) in respect of the construction operations; or (b) if no such person is appointed, the person who carries out the construction operations; “Council” (議會) means the Construction Industry Council established by section 4; “employer” (聘用人) means a person for whom a contractor carries out construction operations, whether under a contract or otherwise; “Executive Director” (執行總監) means the Executive Director appointed under section 13; “financial year” (財政年度) means the period fixed as the financial year of the Council under section 22(1); “function” (職能) includes a power, authority or duty; “further penalty” (另加罰款) means any further penalty payable under section 46(3); “levy” (徵款) means the Construction Industry Levy referred to in section 32(2); “notice of assessment” (評估通知) means a notice of assessment described in section 33(3); “notice of surcharge” (附加費通知) means a notice of the surcharge referred to in section 41(3); “Objections Committee” (處理反對事宜委員會) means the committee established under section 54; “objector” (反對者) means a person who makes an objection under section 55; “penalty” (罰款) means any penalty payable under section 46(2); “Secretary” (局長) means the Secretary for Development; (Amended L.N. 130 of 2007) “surcharge” (附加費) means any surcharge imposed under section 41; “term contract” (固定期合約) means a construction contract— (a) that provides for completion of all construction operations to which the contract relates within a specified period (whether or not such period may be varied by agreement); and (b) under which a contractor carries out construction operations as required by the employer by any notice issued from time to time within the specified period by or on behalf of the employer to the contractor; “total value” (總價值), in relation to any construction operations, means the total value of the construction operations as defined in section 53; “value” (價值), in relation to any construction operations, means the value of the construction operations as determined under section 52; “works order” (施工通知) means a notice issued by or on behalf of an employer to a contractor under a term contract, by which the employer requires construction operations to be carried out. (2) Without affecting the generality of the definitions of “contractor” and “employer” under subsection (1), the following applies for the purposes of construing those terms— (a) where a person carries out construction operations for any other person under a contract of employment— (i) if the first-mentioned person is appointed as contractor under section 9 of the Buildings Ordinance (Cap 123) in respect of the construction operations, he (and not that other person) is the contractor in respect of the construction operations; and (ii) if the first-mentioned person is not appointed as contractor under section 9 of the Buildings Ordinance (Cap 123) in respect of the construction operations, the first-mentioned person is not the contractor in respect of the construction operations; (b) where a person carries out construction operations for himself without any arrangement for the carrying out of the construction operations by any other person, the first-mentioned person is both the contractor and the employer in respect of the construction operations; (c) where a person carries out construction operations for himself with the assistance, under a contract of employment, of one or more other persons none of whom is appointed as contractor under section 9 of the Buildings Ordinance (Cap 123) in respect of the construction operations, the first-mentioned person is both the contractor and the employer in respect of the construction operations. “appointed day” (指定日期) “appointed member” (委任成員) “authorized person” (獲授權人) “Board” (訓練委員會) “building” (建築物) “carry out” (進行) “CITA” (訓練局) “construction contract” (建造合約) “construction industry” (建造業) “construction operations” (建造工程) “contract of employment” (僱傭合約) “contractor” (承建商) “Council” (議會) “employer” (聘用人) “Executive Director” (執行總監) “financial year” (財政年度) “function” (職能) “further penalty” (另加罰款) “levy” (徵款) “notice of assessment” (評估通知) “notice of surcharge” (附加費通知) “Objections Committee” (處理反對事宜委員會) “objector” (反對者) “penalty” (罰款) “Secretary” (局長) “surcharge” (附加費) “term contract” (固定期合約) “total value” (總價值) “value” (價值) “works order” (施工通知) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 2 Interpretation VerDate:01/02/2007 (1) In this Ordinance, unless the context otherwise requires— “appointed day” (指定日期) means the day on which Part 9 comes into operation; “appointed member” (委任成員) means a member of the Council appointed under section 9(1)(a) or (c); “authorized person” (獲授權人), in relation to construction operations, means— (a) the authorized person appointed or nominated under section 4 of the Buildings Ordinance (Cap 123) in respect of the construction operations; or (b) if no authorized person is appointed under that section, the person appointed in accordance with section 66 in respect of the construction operations; “Board” (訓練委員會) means the Construction Industry Training Board established under section 29; “building” (建築物) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); “carry out” (進行), in relation to any construction operations, includes— (a) to manage, or to arrange for, the carrying out of the construction operations; (b) to provide one’s own labour or that of any other person for the carrying out of the construction operations; and (c) otherwise to undertake the construction operations; “CITA” (訓練局) means the Construction Industry Training Authority established by section 4 of the Industrial Training (Construction Industry) Ordinance (Cap 317) and in existence before the commencement of section 71; “construction contract” (建造合約) means a contract between an employer and a contractor under which the contractor carries out construction operations but does not include a contract of employment; “construction industry” (建造業) means the industry in which construction operations are carried out; “construction operations” (建造工程) has the meaning assigned to it in Schedule 1; “contract of employment” (僱傭合約) has the meaning assigned to it in section 2(1) of the Employment Ordinance (Cap 57); “contractor” (承建商), in relation to any construction operations (whether the construction operations are carried out under a contract or otherwise), means— (a) the person appointed as contractor under section 9 of the Buildings Ordinance (Cap 123) in respect of the construction operations; or (b) if no such person is appointed, the person who carries out the construction operations; “Council” (議會) means the Construction Industry Council established by section 4; “employer” (聘用人) means a person for whom a contractor carries out construction operations, whether under a contract or otherwise; “Executive Director” (執行總監) means the Executive Director appointed under section 13; “financial year” (財政年度) means the period fixed as the financial year of the Council under section 22(1); “function” (職能) includes a power, authority or duty; “further penalty” (另加罰款) means any further penalty payable under section 46(3); “levy” (徵款) means the Construction Industry Levy referred to in section 32(2); “notice of assessment” (評估通知) means a notice of assessment described in section 33(3); “notice of surcharge” (附加費通知) means a notice of the surcharge referred to in section 41(3); “Objections Committee” (處理反對事宜委員會) means the committee established under section 54; “objector” (反對者) means a person who makes an objection under section 55; “penalty” (罰款) means any penalty payable under section 46(2); “Secretary” (局長) means the Secretary for the Environment, Transport and Works; “surcharge” (附加費) means any surcharge imposed under section 41; “term contract” (固定期合約) means a construction contract— (a) that provides for completion of all construction operations to which the contract relates within a specified period (whether or not such period may be varied by agreement); and (b) under which a contractor carries out construction operations as required by the employer by any notice issued from time to time within the specified period by or on behalf of the employer to the contractor; “total value” (總價值), in relation to any construction operations, means the total value of the construction operations as defined in section 53; “value” (價值), in relation to any construction operations, means the value of the construction operations as determined under section 52; “works order” (施工通知) means a notice issued by or on behalf of an employer to a contractor under a term contract, by which the employer requires construction operations to be carried out. (2) Without affecting the generality of the definitions of “contractor” and “employer” under subsection (1), the following applies for the purposes of construing those terms— (a) where a person carries out construction operations for any other person under a contract of employment— (i) if the first-mentioned person is appointed as contractor under section 9 of the Buildings Ordinance (Cap 123) in respect of the construction operations, he (and not that other person) is the contractor in respect of the construction operations; and (ii) if the first-mentioned person is not appointed as contractor under section 9 of the Buildings Ordinance (Cap 123) in respect of the construction operations, the first-mentioned person is not the contractor in respect of the construction operations; (b) where a person carries out construction operations for himself without any arrangement for the carrying out of the construction operations by any other person, the first-mentioned person is both the contractor and the employer in respect of the construction operations; (c) where a person carries out construction operations for himself with the assistance, under a contract of employment, of one or more other persons none of whom is appointed as contractor under section 9 of the Buildings Ordinance (Cap 123) in respect of the construction operations, the first-mentioned person is both the contractor and the employer in respect of the construction operations. “appointed day” (指定日期) “appointed member” (委任成員) “authorized person” (獲授權人) “Board” (訓練委員會) “building” (建築物) “carry out” (進行) “CITA” (訓練局) “construction contract” (建造合約) “construction industry” (建造業) “construction operations” (建造工程) “contract of employment” (僱傭合約) “contractor” (承建商) “Council” (議會) “employer” (聘用人) “Executive Director” (執行總監) “financial year” (財政年度) “function” (職能) “further penalty” (另加罰款) “levy” (徵款) “notice of assessment” (評估通知) “notice of surcharge” (附加費通知) “Objections Committee” (處理反對事宜委員會) “objector” (反對者) “penalty” (罰款) “Secretary” (局長) “surcharge” (附加費) “term contract” (固定期合約) “total value” (總價值) “value” (價值) “works order” (施工通知) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 3 Application to Government VerDate:01/02/2007 This Ordinance binds the Government. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 4 Establishment of Construction Industry Council VerDate:01/02/2007 PART 2 CONSTRUCTION INDUSTRY COUNCIL (1) There is established by this section a body to be known as the “Construction Industry Council”. (2) The Council is a body corporate with perpetual succession and is required to have a common seal. (3) The Council may sue and be sued in its corporate name. (4) The Council is not to be regarded as the servant or agent of the Government or as enjoying any status, immunity or privilege of the Government. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 5 Functions of Council VerDate:01/02/2007 The functions of the Council are— (a) to advise and make recommendations to the Government on strategic matters, major policies and legislative proposals, that may affect or are connected with the construction industry, and on matters of concern to the construction industry; (b) to reflect to the Government the construction industry’s needs and aspirations; (c) to elevate the quality and competitiveness of the construction industry by promoting the ongoing development and improvement of the industry; (d) to uphold professionalism and integrity within the construction industry by promoting self-regulation, formulating codes of conduct and enforcing such codes; (e) to improve the performance of persons connected with the construction industry through establishing or administering registration schemes or rating schemes; (f) to advance the skills of personnel in the construction industry through planning, promotion, supervision, provision or coordination of training courses or programmes; (g) to encourage research activities and the use of innovative techniques and to establish or promote the establishment of standards for the construction industry; (h) to promote good practices in the construction industry in relation to dispute resolution, environmental protection, multi-layer subcontracting, occupational safety and health, procurement methods, project management and supervision, sustainable construction and other areas conducive to improving construction quality; (i) to enhance the cohesiveness of the construction industry by promoting harmonious labour relations and the observance of statutory requirements relating to employment, and by facilitating communication among various sectors of the industry; (j) to serve as a resource centre for the sharing of knowledge and experience within the construction industry; (k) to assess improvements made by the construction industry through the compilation of performance indicators; (l) to make recommendations with respect to the rate of the levy imposed under this Ordinance; and (m) to perform any other functions relevant to the construction industry, including those functions conferred or imposed on it by or under this Ordinance or any other enactment. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 6 Supplementary functions of Council VerDate:01/02/2007 Without limiting section 5, the Council also has the following functions— (a) to provide training courses for the construction industry; (b) to establish and maintain industrial training centres for the construction industry; (c) to assist, including by the provision of financial assistance, in the placement of persons who have completed training courses provided for the construction industry; (d) to assess the standards of skills achieved by any person in any kind of work involving or in connection with the construction industry, to conduct examinations and tests, to issue or award certificates of attendance or competence, and to establish the standards to be achieved in respect of any such work; (e) where it is appointed under the Construction Workers Registration Ordinance (Cap 583) as the Registrar of Construction Workers under that Ordinance, to perform the functions conferred or imposed on the Registrar by or under that Ordinance or any other enactment. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 7 Powers of Council VerDate:01/02/2007 (1) The Council may do all such things as are necessary for, or incidental or conducive to, the performance of its functions. (2) Without limiting subsection (1), the Council may— (a) hold, acquire or lease any kind of property, whether movable or immovable; (b) subject to section 8(1), sell or otherwise dispose of any kind of property, whether movable or immovable; (c) enter into, assign or accept the assignment of, and vary or rescind, any contract or obligation; (d) subject to section 8(2) and (3), meet the expenditure on any item shown in the estimates of expenditure of the Council, borrow or otherwise raise money on such security as may be necessary, and charge all or any of the property of the Council for the purposes of meeting its expenditure; (e) charge fees for the use of any facility or service provided by the Council or in respect of any registration scheme or rating scheme established or administered by the Council; (f) engage any technical, professional or other person to provide any such facility or service, and determine any matter relating to such engagement; (g) devise, establish, operate and maintain registration schemes or rating schemes in respect of persons connected with the construction industry; (h) conduct research into any matter relating to its functions; (i) determine standards for application in the construction industry, in particular the standards for designs, processes, construction techniques, products, materials and methods of procurement and recommend the adoption of such standards; (j) collect, analyse, compile, publish and disseminate information relating to the construction industry or such other subject as may be necessary for the performance of its functions; (k) formulate, issue and promulgate codes of conduct for personnel and good practices in the construction industry; (l) investigate or otherwise dispose of complaints concerning any code of conduct, registration scheme or rating scheme; (m) conduct reviews in respect of codes of conduct, registration schemes and rating schemes; (n) set training requirements, provide and approve training courses and conduct examinations and tests, in respect of construction operations; (o) issue and award certificates of attendance or competence in respect of such training courses, examinations and tests and oversee and administer apprenticeship schemes for the construction industry; (p) organize and arrange seminars, exhibitions, workshops, conferences or training courses or programmes for the construction industry; (q) engage in publicity activities in any form that the Council considers appropriate; (r) form or manage or participate in the formation or management of any company or engage the services of any other body; (s) acquire or dispose of shares in any company; and (t) receive any funds, donations or gifts lawfully given for a purpose consistent with its functions. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 8 Limitations on Council’s powers VerDate:01/02/2007 (1) Except with the approval of the Chief Executive, the Council shall not sell or otherwise dispose of any land granted at nil premium by the Government. (2) Except with the approval of the Financial Secretary, the Council shall not borrow or otherwise raise an amount which by itself exceeds 10% of the total estimated expenditure of the Council for the current financial year. (3) Except with the approval of the Financial Secretary, the Council shall not borrow or otherwise raise an amount if the aggregate of that amount and the outstanding amounts previously borrowed or otherwise raised exceeds 10% of the total estimated expenditure of the Council for the current financial year. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 9 Composition of Council VerDate:01/02/2007 (1) The Council is to consist of— (a) a chairman appointed by the Secretary; (b) not more than 3 public officers appointed by the Secretary; and (c) not more than 21 other members appointed by the Secretary. (2) The Secretary may not appoint a public officer under subsection (1)(a) or (c). (3) Of the members referred to in subsection (1)(c)— (a) not more than 4 are to be persons who represent employers; (b) not more than 4 are to be persons who represent professionals or consultants connected with the construction industry; (c) not more than 5 are to be persons who represent contractors, subcontractors, materials suppliers or equipment suppliers in the construction industry; (d) not more than 2 are to be persons who represent training institutes or academic or research institutions connected with the construction industry; (e) not more than 3 are to be persons who are from trade unions representing workers employed in the construction industry that are registered under the Trade Unions Ordinance (Cap 332); and (f) not more than 3 are to be such other persons as the Secretary thinks fit to be members of the Council. (4) The Secretary shall give notice in the Gazette of an appointment under subsection (1)(a), (b) or (c). (5) When appointing a member referred to in subsection (3)(a), (b), (c) or (e), the Secretary shall have regard to any nomination made for the purposes of such appointment by any one or more of the specified bodies. (6) In subsection (5), “specified bodies” (指明團體) means— (a) in relation to subsection (3)(a), the bodies set out in Part 1 of Schedule 2; (b) in relation to subsection (3)(b), the bodies set out in Part 2 of Schedule 2; (c) in relation to subsection (3)(c), the bodies set out in Part 3 of Schedule 2; and (d) in relation to subsection (3)(e), the bodies set out in Part 4 of Schedule 2. “specified bodies” (指明團體) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 10 Term of office of appointed member and member who is public officer VerDate:01/02/2007 (1) An appointed member holds office for a period not exceeding 3 years as determined by the Secretary. (2) An appointed member is eligible for reappointment on the expiry of his term of office, but he may not serve as such a member continuously for more than 6 years. (3) A member who is a public officer holds office at the discretion of the Secretary. “specified bodies” (指明團體) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 11 Resignation of appointed member VerDate:01/02/2007 (1) An appointed member may resign at any time by giving notice in writing to the Secretary. (2) A resignation takes effect on the date specified in the notice of resignation or, if a date is not specified, on the date the Secretary receives the notice. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 12 Removal of appointed member VerDate:01/02/2007 The Secretary may terminate the appointment of an appointed member if the member— (a) has been absent from 3 consecutive meetings of the Council without the Council’s permission; (b) becomes bankrupt or enters into a voluntary arrangement within the meaning of section 2 of the Bankruptcy Ordinance (Cap 6) with his creditors; (c) is incapacitated by physical or mental illness; or (d) is for any other reason unable or unfit, in the opinion of the Secretary, to perform his functions as such member. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 13 Executive Director of Council VerDate:01/02/2007 (1) The Council shall appoint a person who is not a public officer to be the Executive Director of the Council. (2) The Executive Director shall be responsible to the Council for the management, conduct and administration of the Council and shall perform his functions as the Executive Director subject to the Council’s directions. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 14 Meetings and proceedings of Council VerDate:01/02/2007 Schedule 3 has effect with respect to the Council. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 15 Council may establish committees VerDate:01/02/2007 (1) The Council may establish any committees as it considers appropriate for the better performance of its functions. (2) The Council may determine the composition, functions and procedures of a committee established under subsection (1). CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 16 Delegation of Council’s functions and appointment of subcommittee VerDate:01/02/2007 (1) The Council may delegate in writing any of its functions to a committee established under section 15. (2) The Council may not delegate under subsection (1) any of the following powers or functions— (a) the powers referred to in section 7(2)(a), (b), (c) and (d ); (b) the power to appoint an auditor; (c) the power to establish a committee and determine its composition and functions; (d) the power to delegate under subsection (1); (e) the power to approve programmes of its proposed activities, estimates of its income and expenditure or other statements or reports required to be submitted to the Secretary under Part 3; (f) the power to authorize the preparation of its accounts or other financial records; (g) the functions of the Board or the Objections Committee. (3) A delegation may be subject to such terms and conditions as the Council considers fit. (4) A delegation does not prevent the concurrent performance by the Council of the functions delegated. (5) The Council may amend or revoke a delegation. (6) The Council may authorize a committee established under section 15 to appoint a subcommittee for the better performance of the committee’s functions. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 17 Employment of staff VerDate:01/02/2007 (1) The Council may employ such persons as it requires to perform its functions. (2) The Council may determine all matters relating to the remuneration of its employees and other terms and conditions of their appointment or employment. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 18 Staff benefits, etc. VerDate:01/02/2007 (1) The Council may grant, or make provision for the grant of, retirement benefits, gratuities, bonuses or other benefits to or in respect of its employees, any class of its employees or their dependants. (2) The Council may make payments, whether ex gratia or legally due, to the personal representative of a deceased employee or to a dependant of such an employee. (3) The Council may establish, manage and control, or enter into an arrangement with any company or association for the establishment, management and control by the company or association (either alone or jointly with the Council) of any fund or scheme for the purposes of providing for the retirement benefits, gratuities, bonuses or other benefits or the payments referred to in subsection (1) or (2). (4) The Council may require its employees, or any class of its employees, to make contributions to any fund or scheme referred to in subsection (3). (5) In subsections (1) and (2), “employee” (僱員) includes a former employee of the Council. (6) The powers conferred on the Council under this section are without derogation from the obligations and duties imposed under the Mandatory Provident Fund Schemes Ordinance (Cap 485) on an employer. “employee” (僱員) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 19 Protection of members of Council, etc. VerDate:01/02/2007 (1) A person to whom this section applies, acting in good faith, is not personally liable for anything done or omitted to be done by that person in the performance or purported performance of any function conferred or imposed on the Council by or under this Ordinance. (2) The protection conferred on a person by subsection (1) in respect of an act or omission does not in any way affect any liability of the Council for that act or omission. (3) This section applies to— (a) any member of the Council; (b) any member of a committee established under section 15; (c) any member of the Board or the Objections Committee; (d) any member of a subcommittee appointed under section 16(6); (e) any member of a subcommittee appointed under section 54(3); (f) any member of a subcommittee appointed under section 11 of Schedule 4; and (g) any employee of the Council. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 20 Provision of funds by CITA VerDate:01/02/2007 (1) If Parts 5 and 9 come into operation on a date after the day of commencement of this Part, the Secretary may, before the coming into operation of those 2 Parts, request the CITA to provide such funds as are necessary to meet expenses reasonably incurred by the Council. (2) The CITA shall comply with any such request. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 21 Funds and property of Council VerDate:01/02/2007 PART 3 FINANCIAL PROVISIONS The funds and property of the Council consist of— (a) all moneys recovered by way of levy, surcharge, penalty and further penalty; (b) all moneys received by the Council by way of grants, loans, donations, fees, rent or interest; (c) all moneys derived from the sale of any property held by or on behalf of the Council; (d) all funds provided by the CITA under section 20; and (e) all other moneys and property lawfully received by the Council for its purposes. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 22 Estimates and financial year VerDate:01/02/2007 (1) The Council may, with the approval of the Secretary, fix from time to time a period to be the financial year of the Council. (2) In every financial year, the Council shall submit to the Secretary, before a date determined by him, a programme of its proposed activities and estimates of its income and expenditure for the next financial year. (3) The Council shall submit the programme and estimates for the first financial year as soon as practicable after the commencement of this section. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 23 Bank account VerDate:01/02/2007 The Council shall— (a) maintain an account with a bank approved by the Director of Accounting Services; and (b) pay all moneys received by it into the account. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 24 Investment of funds VerDate:01/02/2007 Any funds of the Council that are not immediately required by the Council for the performance of its functions may, with the approval of the Financial Secretary— (a) be deposited on fixed deposit in a bank; or (b) be invested in such investments as the Council thinks fit. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 25 Accounts VerDate:01/02/2007 (1) The Council shall maintain proper accounts and records of all its income and expenditure. (2) The Council shall, as soon as practicable after the end of a financial year, cause to be prepared a statement of accounts of the Council in respect of the financial year. (3) The statement of accounts is to include an income and expenditure account and a balance sheet. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 26 Auditors VerDate:01/02/2007 (1) The Council shall appoint an auditor for the purposes of this Ordinance. (2) The auditor appointed under subsection (1) shall— (a) audit the statement of accounts referred to in section 25(2); and (b) submit a report on the statement of accounts to the Council. (3) The auditor is entitled to— (a) have access to all books of account, vouchers and other financial records of the Council; and (b) require such information and explanations of those books, vouchers and records as he thinks fit. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 27 Submission of reports, etc. to Secretary VerDate:01/02/2007 (1) Within 6 months after the end of a financial year, the Council shall, in respect of the financial year, submit to the Secretary— (a) a report on the activities of the Council during the financial year, including a general survey of the developments during that year in respect of matters falling within the scope of the Council’s functions; (b) a copy of the statement of accounts referred to in section 25(2); and (c) the auditor’s report referred to in section 26(2)(b). (2) The Secretary shall cause the documents received under subsection (1) to be laid on the table of the Legislative Council. (3) The Secretary may in a particular case extend the period for submitting the documents under subsection (1). CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 28 Exemption from taxation VerDate:01/02/2007 The Council is exempt from taxation under the Inland Revenue Ordinance (Cap 112). CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 29 Establishment of Construction Industry Training Board VerDate:01/01/2008 PART 4 CONSTRUCTION INDUSTRY TRAINING BOARD (1) The Council shall establish a committee to perform its supplementary functions under section 6. (2) The committee established under subsection (1) is to be known in the English language as the “Construction Industry Training Board” and in the Chinese language as “建造業訓練委員會”. (3) The Board may do all such things as are necessary for, or incidental or conducive to, the performance of those functions. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 30 Composition, meetings and proceedings of Board, etc. VerDate:01/01/2008 Schedule 4 has effect with respect to the Board. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 31 Interpretation of this Part VerDate:01/01/2008 PART 5 LEVY In this Part— “notice of completion” (竣工通知) means a notice given under section 36; “notice of payment” (付款通知) means a notice given under section 35. “notice of completion” (竣工通知) “notice of payment” (付款通知) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 32 Imposition of levy VerDate:01/01/2008 (1) A levy at the rate specified in Part 2 of Schedule 5 is to be imposed in respect of construction operations carried out in Hong Kong. (2) The levy is to be known as the “Construction Industry Levy” and it is to be assessed and paid according to this Part. (3) Construction operations the total value of which does not exceed the amount specified in Part 1 of Schedule 5 are not liable to the levy. (4) This section applies to construction operations described in subsection (1) irrespective of whether the construction operations are carried out for an individual, a public authority, a body or organ (whether public or private) or any other person. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 33 Who is to pay levy VerDate:01/01/2008 (1) Subject to subsection (2), the levy is payable by a contractor of any construction operations which are subject to the payment of a levy. (2) A contractor is liable to make a payment pursuant to subsection (1) only if the Council gives him a notice of assessment. (3) A notice of assessment shall be in writing and shall specify the amount of the levy payable by the contractor. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 34 Contractor and authorized person to notify Council of their carrying out of construction operations VerDate:01/01/2008 (1) Within 14 days after any construction operations have commenced, the contractor and the authorized person in respect of the construction operations shall each inform the Council, by a notice, that he is such contractor or authorized person. (2) A notice referred to in subsection (1) shall be in a form specified by the Council and shall state the estimated total value of the construction operations. (3) A notice is required to be given under this section only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5. (4) The Council may in a particular case extend the period for giving a notice under this section. (5) A person who, without reasonable excuse, fails to give a notice as required by this section commits an offence and is liable on conviction to a fine at level 1. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 35 Notice of payment made in respect of construction operations VerDate:01/01/2008 (1) If a payment is made to or for the benefit of a contractor in respect of any construction operations or any stage or part of any construction operations, other than construction operations carried out under a term contract, the contractor shall, within 14 days after the payment is made, give notice of the payment to the Council. (2) If a payment is made to or for the benefit of a contractor in respect of any construction operations carried out under a term contract, the contractor shall, within 14 days after the last day of the month in which the payment was made, give notice of the payment to the Council. (3) A notice of payment shall be in a form specified by the Council and shall state the value of the construction operations or the value of the stage or part of the construction operations in respect of which the payment was made. (4) A notice is required to be given under this section only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5. (5) The Council may in a particular case extend the period for giving a notice under this section. (6) A person who, without reasonable excuse, fails to give a notice as required by this section commits an offence and is liable on conviction to a fine at level 1. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 36 Notice of completion of construction operations VerDate:01/01/2008 (1) After the completion of any construction operations, the contractor and the authorized person shall each give notice of the completion to the Council. (2) If any construction operations (other than those carried out under works orders) are carried out in stages, after the completion of each stage, the contractor and the authorized person shall each give notice of the completion to the Council. (3) A notice of completion shall be given within 14 days after the completion of the construction operations or the stage of the construction operations (as the case may be) but the Council may in a particular case extend the period for giving the notice. (4) The notice shall be in a form specified by the Council and shall state the value of the completed construction operations or the value of the completed stage. (5) A notice is required to be given under this section only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5. (6) A person who, without reasonable excuse, fails to give a notice as required by this section commits an offence and is liable on conviction to a fine at level 1. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 37 Assessment pursuant to notice of payment or notice of completion VerDate:01/01/2008 (1) On receiving a notice of payment, the Council shall assess the amount of the levy payable in respect of the construction operations or the stage or part of the construction operations to which the notice relates. (2) If no assessment has been made under subsection (1), on receiving a notice of completion, the Council shall assess the amount of the levy payable in respect of the construction operations or the stage of the construction operations to which the notice of completion relates. (3) If the notice of payment is given in respect of an interim payment or partial payment, subject to subsection (4)— (a) the assessment shall be a provisional assessment; and (b) a final assessment shall be made on the final payment for the construction operations. (4) If an assessment made under this section is in respect of a stage or part of any construction operations, or in respect of any construction operations, which constitute a stage or part of any other construction operations— (a) the assessment shall be a provisional assessment; and (b) a final assessment shall be made on the completion of those other construction operations. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 38 Assessment for construction operations under term contract may be deferred VerDate:01/01/2008 If the construction operations are carried out under a term contract, the Council may, subject to section 42, defer the making of any assessment under section 37 until such time as the Council considers appropriate. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 39 Assessment in respect of stage or part of construction operations VerDate:01/01/2008 The amount of the levy payable in respect of a stage or part of any construction operations is to be assessed as if that stage or part separately constitutes construction operations that are subject to payment of levy under this Ordinance. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 40 Powers of Council to make assessment VerDate:01/01/2008 (1) The Council may, subject to sections 42 and 44, assess the amount of the levy payable in respect of any construction operations or any stage or part of any construction operations, after the completion of the construction operations or the stage or part of the construction operations, notwithstanding that neither a notice of payment nor a notice of completion has been given to the Council. (2) If it appears to the Council that any assessment of levy made by it is less than the proper amount, subject to sections 42 and 44, the Council may make an additional assessment of the levy. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 41 Imposition of surcharge VerDate:01/01/2008 (1) If a contractor fails to give a notice under section 35 or 36 and fails to give, within a period allowed by the Council, a reasonable excuse for that failure, the Council may, subject to sections 43 and 45, impose a surcharge on him. (2) The surcharge may not exceed twice the amount of the levy payable by the contractor. (3) Notwithstanding subsection (1), the contractor is liable to pay a surcharge only if the Council gives him a notice of the surcharge. (4) A notice of surcharge shall be in writing and shall specify the amount of the surcharge payable by the contractor. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 42 Time limit on making assessment: construction operations under term contract VerDate:01/01/2008 In the case of construction operations carried out under a term contract, an assessment under this Ordinance may not be made after the expiry of whichever is the last to end of the following periods— (a) 2 years after the completion of all construction operations under the contract; (b) 2 years after the expiry of the period within which the contract stipulates that all such construction operations have to be completed; (c) one year after evidence, sufficient in the opinion of the Council to justify the making of the assessment, comes to its knowledge. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 43 Time limit on imposing surcharge: construction operations under term contract VerDate:01/01/2008 In the case of construction operations carried out under a term contract, a surcharge may not be imposed after the expiry of whichever is the last to end of the following periods— (a) 2 years after the completion of all construction operations under the contract; (b) 2 years after the expiry of the period within which the contract stipulates that all such construction operations have to be completed; (c) one year after evidence, sufficient in the opinion of the Council to justify the imposition of the surcharge, comes to its knowledge. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 44 Time limit on making assessment: construction operations other than those under term contract VerDate:01/01/2008 In respect of construction operations other than those carried out under a term contract, an assessment under this Ordinance may not be made after the expiry of whichever is the last to end of the following periods— (a) 2 years after the completion of the construction operations; (b) one year after evidence, sufficient in the opinion of the Council to justify the making of the assessment, comes to its knowledge. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 45 Time limit on imposing surcharge: construction operations other than those under term contract VerDate:01/01/2008 In respect of construction operations other than those carried out under a term contract, a surcharge may not be imposed after the expiry of whichever is the last to end of the following periods— (a) 2 years after the completion of the construction operations; (b) one year after evidence, sufficient in the opinion of the Council to justify the imposition of the surcharge, comes to its knowledge. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 46 Payment of levy, surcharge or penalty, etc. VerDate:01/01/2008 (1) A contractor who is given a notice of assessment or a notice of surcharge shall pay to the Council the amount of the levy or surcharge specified in the notice given to him, within the specified period. (2) If the amount of the levy or surcharge is not fully paid within the specified period, the contractor is liable to pay a penalty of 5% of the unpaid amount. (3) If the amount of the levy or surcharge, including any penalty imposed under subsection (2), is not fully paid within 3 months after the expiry of the specified period, the contractor is liable to pay a further penalty of 5% of the unpaid amount. (4) A penalty or further penalty is payable in addition to the levy or surcharge for the non-payment of which it is imposed. (5) In this section, “specified period” (指明期間), in relation to— (a) the levy, means the period of 28 days after the contractor receives the notice of assessment; and (b) a surcharge, means the period of 28 days after the contractor receives the notice of surcharge. “specified period” (指明期間) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 47 Recovery of levy, surcharge or penalty, etc. VerDate:01/01/2008 (1) A levy, surcharge, penalty or further penalty due and payable under this Ordinance is recoverable as a civil debt due to the Council. (2) An action for such recovery may be brought in the District Court notwithstanding that the amount due exceeds the financial limits on the civil jurisdiction of the District Court under the District Court Ordinance (Cap 336). CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 48 Levy, surcharge or penalty, etc. payable despite intention to object VerDate:01/01/2008 The levy or a surcharge, penalty or further penalty shall be paid in accordance with section 46 even if the contractor concerned intends to make an objection under section 55. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 49 Council’s power to waive or refund whole or part of levy, surcharge or penalty, etc. VerDate:01/01/2008 (1) The Council may waive or refund the whole or any part of a levy, surcharge, penalty or further penalty if it considers it fair and reasonable to do so in the special circumstances of a particular case. (2) If an amount waived under subsection (1) has already been paid to the Council, the Council shall refund it. (3) If, in respect of any construction operations, the Council receives more than the proper amount of the levy due to more than one contractor paying the whole or part of amount due, the Council shall refund the excess to the contractor entitled to the refund. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 50 Application of this Part VerDate:01/01/2008 (1) This Part does not apply to construction operations that are carried out both— (a) for a person who occupies a domestic unit or part of a domestic unit; and (b) for the sole or principal purpose of decorating, altering, repairing, maintaining or renovating the unit or any part of the unit. (2) In this section, “domestic unit” (住用單位) means any premises used or intended to be used solely or principally for residential purposes and constituting a separate household unit. (3) For the purposes of this section, a person is regarded as a person who occupies a domestic unit if he intends to occupy the unit. “domestic unit” (住用單位) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 51 Power of Chief Executive in Council to exclude certain construction operations from application of this Part VerDate:01/01/2008 (1) The Chief Executive in Council may, by order published in the Gazette, exclude any construction operations from the application of this Part. (2) An order under subsection (1) may exclude particular construction operations or a type or description of construction operations. (3) An order under subsection (1) may specify the circumstances in which or the purposes for which the exclusion applies. “domestic unit” (住用單位) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 52 Value of construction operations VerDate:01/01/2008 PART 6 VALUE OF CONSTRUCTION OPERATIONS, ETC. (1) In relation to any construction operations, the value of the construction operations is— (a) if the construction operations are the subject of a construction contract— (i) the consideration attributable to the construction operations, that is stated in the contract; or (ii) the consideration attributable to the construction operations, that is ascertainable by reference to the contract; or (b) in any other case, the reasonable consideration to be expected in the open market for the carrying out of the construction operations. (2) Notwithstanding subsection (1)(a), if the consideration attributable to any construction operations as determined in accordance with that subsection is below the reasonable consideration to be expected in the open market for the carrying out of the construction operations, the consideration of the construction operations is to be the reasonable consideration referred to in subsection (1)(b). (3) For the purposes of this section, the Council may, in a particular case, have regard to any or all of the following matters when ascertaining the reasonable consideration to be expected in the open market for the carrying out of the construction operations concerned— (a) the cost or value of materials used in the construction operations; (b) the cost or value of time, work and labour involved in the construction operations; (c) the equipment used in the construction operations; (d) such overhead costs incurred in relation to the construction operations as the Council considers reasonable; (e) the reasonable profit to be expected in the open market for the carrying out of the construction operations; (f) any other factors that the Council considers appropriate. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 53 Total value of construction operations VerDate:01/01/2008 (1) For the purposes of this Ordinance, “total value” (總價值), in relation to construction operations carried out under a construction contract, means— (a) if the contract is a term contract under which works orders are issued, the aggregate of the values of all construction operations carried out as required by those works orders; (b) if the contract is not a term contract described in paragraph (a), but a contract under which the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the values of all stages of the construction operations so carried out; and (c) in any other case, the value of the construction operations. (2) For the purposes of this Ordinance, “total value” (總價值), in relation to construction operations that are not carried out under a construction contract, means— (a) if the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the values of all stages of the construction operations so carried out; and (b) in any other case, the value of the construction operations. “total value” (總價值) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 54 Establishment of Objections Committee VerDate:01/01/2008 PART 7 OBJECTIONS AND APPEALS (1) The Council shall establish a committee consisting of 3 members of the Council for the purposes of determining objections made under section 55. (2) The Objections Committee may do all such things as are necessary for, or incidental or conducive to, the performance of the function mentioned in subsection (1). (3) The Council may authorize the Objections Committee to appoint a subcommittee for the better performance of the Objections Committee’s function. (4) The Objections Committee may determine its own procedures. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 55 Objections to levy or surcharge VerDate:01/01/2008 (1) A person who is notified under section 33 or 41 may object to the levy or surcharge. (2) The objection shall be made by a notice in writing (“notice of objection”). (3) A notice of objection must be served on the Council within 21 days after the contractor receives the notice of assessment or the notice of surcharge (as the case may be). (4) A notice of objection shall state the grounds of objection and shall be accompanied by all written statements and other documentary evidence relied on by the objector. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 56 Decision of Objections Committee VerDate:01/01/2008 (1) The Council shall refer every objection made under section 55 to the Objections Committee for consideration. (2) The Objections Committee may confirm, cancel or reduce the levy or surcharge and shall inform the Council of its decision. (3) The Council shall notify the objector in writing of the decision of the Objections Committee within 28 days after the Council receives the notice of objection or, where that is not practicable, within a reasonable period. (4) If a levy or surcharge is cancelled or reduced under this section, the Council shall forthwith refund to the objector the amount of the levy or any amount, including any amount of the penalty or further penalty, that has been paid in excess (as the case may be). CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 57 Appeals against decision of Objections Committee VerDate:01/01/2008 (1) An objector who is aggrieved by a decision of the Objections Committee may appeal to the District Court against that decision. (2) An appeal shall be lodged within 30 days after the objector receives the notification of the decision. (3) An appeal may not be heard unless the amount of the levy or surcharge which is the subject of the appeal, including the amount of any penalty or further penalty, has been paid. (4) On hearing an appeal, the District Court may confirm, cancel or reduce the levy or surcharge and make any order as to costs as it thinks fit. (5) If the District Court cancels or reduces a levy or surcharge, it may order the repayment of the cancelled or reduced amount, and any amount of the penalty or further penalty that has been paid. (6) The District Court may order repayment with interest, at a rate determined by the Court, calculated from the date of payment to the Council, or without interest. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 58 Rules of court VerDate:01/01/2008 The District Court Rules Committee established under section 17 of the District Court Ordinance (Cap 336) may make rules of court for the purposes of section 57. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 59 Provision of information VerDate:01/01/2008 PART 8 MISCELLANEOUS (1) An employer, a contractor or an authorized person concerned in any construction operations shall give the Council or an officer authorized by the Council, within a time and in a form specified by the Council or the officer, any information of a kind described in subsection (2) that the Council or the officer may require for the purposes of performing its or his functions under this Ordinance. (2) The information referred to in subsection (1) is— (a) information relating to the construction operations that the employer, contractor or authorized person (as the case may be) is concerned in, including information on any amount paid or payable in respect of the construction operations or any work connected with the construction operations; (b) the name and address of the person for whom the construction operations are carried out; and (c) the name and address of the person by whom the construction operations are carried out. (3) A person who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 1. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 60 Production of documents, etc. VerDate:01/01/2008 (1) An employer, a contractor or an authorized person concerned in any construction operations shall produce or cause to be produced for inspection by the Council or an officer authorized by the Council, any document or record in his possession that relates to the construction operations that the employer, contractor or authorized person (as the case may be) is concerned in, including a document or record relating to any amount paid or payable in respect of the construction operations or any work connected with the construction operations, if required by the Council or the officer for the purposes of performing its or his functions under this Ordinance. (2) If required by the Council or an officer authorized by the Council for the purposes referred to in subsection (1), the employer, contractor or authorized person shall permit the Council or the officer to make a copy of such a document or record or make any extract from it, or to remove it for a reasonable period. (3) A person who, without reasonable excuse, fails to comply with subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 1. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 61 Protection of information given under sections 59 and 60 VerDate:18/04/2008 (1) Subject to subsection (2), a person shall not disclose other than to the Council, or to an employee of the Council acting in his official capacity, any information given or obtained under section 59 or any information obtained from any document or record under section 60 without the consent of the person who gave it or from whom it was obtained. (2) Subsection (1) does not apply— (a) to the provision of information under regulation 14 of the Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations (Cap 360 sub. leg. A); (Amended 6 of 2008 s. 51) (b) to the provision of information under section 31(1) of the Construction Workers Registration Ordinance (Cap 583); (c) to the disclosure of information in the form of a summary of similar information given 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 Council to any person authorized or employed by it for the purposes of checking or ascertaining the value of construction operations; (e) to the disclosure of information by the Council to the Pneumoconiosis Compensation Fund Board established under the Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap 360); (Amended 6 of 2008 s. 51) (f) to the disclosure of information by the Council to the Construction Workers Registration Authority established under the Construction Workers Registration Ordinance (Cap 583); (g) to any disclosure of information made for the purposes of any legal proceedings brought under this Ordinance, or for the purposes of any report of any such proceedings; or (h) 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). (3) A person who intentionally discloses any information in contravention of subsection (1) commits an offence and is liable on conviction to a fine at level 1. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 61 Protection of information given under sections 59 and 60 VerDate:01/01/2008 (1) Subject to subsection (2), a person shall not disclose other than to the Council, or to an employee of the Council acting in his official capacity, any information given or obtained under section 59 or any information obtained from any document or record under section 60 without the consent of the person who gave it or from whom it was obtained. (2) Subsection (1) does not apply— (a) to the provision of information under regulation 14 of the Pneumoconiosis (Compensation) (Assessment of Levy) Regulations (Cap 360 sub. leg. A); (b) to the provision of information under section 31(1) of the Construction Workers Registration Ordinance (Cap 583); (c) to the disclosure of information in the form of a summary of similar information given 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 Council to any person authorized or employed by it for the purposes of checking or ascertaining the value of construction operations; (e) to the disclosure of information by the Council to the Pneumoconiosis Compensation Fund Board established under the Pneumoconiosis (Compensation) Ordinance (Cap 360); (f) to the disclosure of information by the Council to the Construction Workers Registration Authority established under the Construction Workers Registration Ordinance (Cap 583); (g) to any disclosure of information made for the purposes of any legal proceedings brought under this Ordinance, or for the purposes of any report of any such proceedings; or (h) 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). (3) A person who intentionally discloses any information in contravention of subsection (1) commits an offence and is liable on conviction to a fine at level 1. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 62 Documents under seal of Council VerDate:01/02/2007 (1) The affixing of the common seal of the Council is to be authenticated by the signatures of any 2 of its members. (2) A document purporting to be duly executed under the common seal is admissible in evidence and, unless the contrary is proved, is to be regarded as having been duly executed. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 63 Power to sign Council’s documents VerDate:01/02/2007 A notice or any other document given or issued by the Council may be signed by an officer of the Council, authorized by the Council for the purposes of this section. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 64 Admissibility of documents signed under section 63 VerDate:01/02/2007 A document purporting to be a notice or other document given or issued by the Council and purporting to be signed by an officer of the Council authorized for the purposes of section 63 is admissible in evidence and, unless the contrary is proved, is to be regarded as a notice or other document given or issued by the Council and signed as purported. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 65 Evidence by certificate, etc. VerDate:01/02/2007 (1) In any legal proceedings, a certificate to which this section applies purporting to be signed by an officer of the Council authorized for the purposes of section 63 is admissible in evidence. (2) Unless the contrary is proved, such a certificate is evidence of the facts stated in it and is to be regarded as signed as purported. (3) This section applies to a certificate stating that— (a) a notice required by or under this Ordinance has or has not been given on a particular date; or (b) an amount of a levy, surcharge, penalty or further penalty due under this Ordinance has not been paid. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 66 Appointment of authorized persons VerDate:01/01/2008 (1) If the Government is the employer in respect of any construction operations, a person shall be appointed by or on behalf of the Government to perform the functions of an authorized person. (2) In any other case, the employer in respect of any construction operations shall, if no authorized person is appointed under section 4 of the Buildings Ordinance (Cap 123), appoint a person to perform the functions of an authorized person. (3) For the purposes of enabling the Council to perform its functions under Part 5, an employer to whom subsection (2) applies shall, before the commencement of the construction operations, supply to the Council, in a form specified by it, the name of the person appointed under that subsection and the name of the contractor in respect of the construction operations. (4) A person who fails to comply with subsection (2) or (3) commits an offence and is liable on conviction to a fine at level 1. (5) Subsection (3) applies only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 67 Offences of fraudulent evasion of levy and giving false documents or information VerDate:01/01/2008 (1) A person commits an offence if he— (a) is knowingly concerned in the fraudulent evasion of the payment of a levy due from him or from any other person; or (b) is knowingly concerned in taking steps with a view to the fraudulent evasion of the payment of a levy due from him or from any other person. (2) A person commits an offence if he— (a) with intent to deceive, produces, supplies or sends for the purposes of this Ordinance, or otherwise makes use of for those purposes, a document or record that is false in a material particular; or (b) in providing any information for the purposes of this Ordinance, makes a statement that he knows to be false in a material particular or recklessly makes a statement that is false in a material particular. (3) A person who commits an offence under subsection (1)(a) or (b) is liable on conviction to a fine at level 3 or 3 times the amount of the levy that was evaded or intended to be evaded by his conduct, whichever is the greater. (4) A person who commits an offence under subsection (2)(a) or (b) is liable on conviction to a fine at level 2 or 3 times the amount of the levy that was evaded or intended to be evaded by his conduct, whichever is the greater. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 68 Regulations VerDate:01/02/2007 The Secretary may make regulations for all or any of the following purposes— (a) to provide for records that are to be kept by employers, contractors and authorized persons; (b) subject to the particular provisions relating to information in this Ordinance, to provide for information that is to be supplied by employers, contractors and authorized persons; (c) generally for the better carrying out of the provisions and purposes of this Ordinance. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 69 Power to amend Schedules 1, 2, 3 and 4 VerDate:01/02/2007 The Secretary may, by order published in the Gazette, amend Schedules 1, 2, 3 and 4. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 70 Power to amend Schedule 5 VerDate:01/01/2008 (1) The Legislative Council may by resolution amend Schedule 5. (2) Any amendment to Schedule 5 shall come into effect on the expiry of the specified period. (3) Despite the coming into effect of any amendment made under subsection (1), Schedule 5 as it was before such amendment continues to apply to the construction operations to which this subsection applies. (4) Subsection (3) applies to the following construction operations— (a) construction operations the tender for which had been submitted to the employer before the expiry of the specified period; (b) other construction operations carried out under a construction contract, if the contract had been entered into before the expiry of the specified period or the construction operations had commenced before the expiry of that period; and (c) construction operations other than those referred to in paragraphs (a) and (b), that had commenced before the expiry of the specified period. (5) In this section, “specified period” (指明期間), in relation to a particular amendment made under subsection (1), means the period of 30 days after the publication in the Gazette of that amendment. “specified period” (指明期間) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 71 Repeal VerDate:01/01/2008 PART 9 REPEAL, VESTING, TRANSITIONAL AND SAVINGS PROVISIONS, AND CONSEQUENTIAL OR RELATED AMENDMENTS (1) (Omitted as spent) (2) The CITA is dissolved. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 71 Repeal VerDate: PART 9 REPEAL, VESTING, TRANSITIONAL AND SAVINGS PROVISIONS, AND CONSEQUENTIAL OR RELATED AMENDMENTS (1) The Industrial Training (Construction Industry) Ordinance (Cap 317) is repealed. (2) The CITA is dissolved. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 72 Vesting of rights, assets, liabilities and obligations of CITA in Council and saving of validity of CITA’s acts VerDate:01/01/2008 (1) By virtue of this section, all rights, assets, liabilities and obligations of the CITA are to be vested in the Council as from the appointed day. (2) Nothing in this Ordinance affects the validity of anything done by or in relation to the CITA before the appointed day. (3) The Stamp Duty Ordinance (Cap 117) does not apply to any vesting effected by this section. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 73 Completion of acts already commenced VerDate:01/01/2008 Anything which immediately before the appointed day is in the process of being done by or in relation to the CITA may be carried on or completed by the Council in accordance with the provisions of this Ordinance. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 74 Rights of action VerDate:01/01/2008 (1) The Council may be sued for the liabilities or obligations to which it is subject under section 72 and they may be recovered from the Council. (2) The Council may sue on, recover or enforce a chose in action vested in it under section 72 without having to give notice of the vesting to a person bound by the chose in action. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 75 Legal claims and pending legal proceedings, etc. VerDate:01/01/2008 (1) Legal claims (whether present or future, actual or contingent) by or against the CITA, including any accrued right of appeal, judicial and administrative proceedings instituted by or against the CITA, that existed immediately before the appointed day do not abate by reason of the repeal under section 71 and may be continued or enforced by or against the Council. (2) Where immediately before the appointed day, any legal proceedings to which the CITA is a party are pending, the Council is to, as from that day, be substituted as a party to those proceedings in place of the CITA. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 76 Effect of existing agreement, etc. VerDate:01/01/2008 (1) Any agreement, arrangement, contract made or entered into or other transaction effected or other thing done by, to or in relation to the CITA that is in force or effective immediately before the appointed day or which is to take effect on or after that day has effect as if made, entered into, effected or done by, to or in relation to the Council. (2) Without affecting the generality of subsection (1), any lease, tenancy, permit or licence granted to the CITA that is in force or effective immediately before the appointed day or which is to take effect on or after that day has effect as if granted to the Council. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 77 References to CITA VerDate:01/01/2008 As from the appointed day, the references to the CITA in the following are to be taken as references to the Council— (a) any agreement, contract or other instrument; (b) any process or other document issued, prepared or employed for the purposes of any proceedings before a court, tribunal or similar body; and (c) any other document (other than an enactment) relating to or affecting any property, right, liability or obligation of the CITA vested in the Council under section 72. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 78 Delivery of books, etc. VerDate:01/01/2008 All books, accounts, minutes and other documents and equipment belonging to the CITA and in its control immediately before the appointed day shall be delivered to the Council on that day by the person who has the care and custody of those documents or equipment on the commencement of that day. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 79 Record of property VerDate:01/01/2008 Any property of the CITA which, immediately before the appointed day, was standing in the books of a bank, company or other corporation is to be transferred in those books to the Council at the request of the Council, by the bank, company or other corporation. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 80 Continuance of employment VerDate:01/01/2008 (1) The employment of an employee of the CITA is not to be terminated by reason of the dissolution of the CITA. (2) As from the appointed day, a person who, immediately before that day, is an employee of the CITA under a valid contract of employment and who, if not for the dissolution, would have been its employee under the contract on that day, becomes an employee of the Council on the same terms and conditions that applied immediately before that day to his employment with the CITA. (3) There is no break or interruption in the employment of a person referred to in subsection (2) by reason of the commencement of this Part. (4) This section applies notwithstanding sections 17 and 18. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 81 Submission of reports on activities of CITA VerDate:01/01/2008 (1) Within 6 months after the appointed day, the Council shall submit to the Secretary— (a) a report on the activities of the CITA during the specified period; (b) a copy of the statement of accounts of the CITA in respect of that period; and (c) the auditor’s report on the statement of accounts. (2) The Secretary shall cause the documents received under subsection (1) to be laid on the table of the Legislative Council. (3) The Secretary may extend the period for submitting the documents under subsection (1). (4) In this section— “repealed Ordinance” (被廢除條例) means the Industrial Training (Construction Industry) Ordinance (Cap 317); “specified period” (指明期間) means the period beginning on the day next following the end of the last financial year of the CITA in respect of which reports and statements had been submitted under section 20 of the repealed Ordinance and ending on the day immediately before the appointed day; “statement of accounts” (帳目表) includes an income and expenditure account and a balance sheet. “repealed Ordinance” (被廢除條例) “specified period” (指明期間) “statement of accounts” (帳目表) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 82 Council to appoint auditor for purposes of section 81 VerDate:01/01/2008 (1) The Council shall appoint an auditor for the purposes of section 81. (2) The auditor appointed under subsection (1) shall— (a) audit the statement of accounts referred to in section 81; and (b) submit a report on it to the Council. (3) The auditor is entitled to— (a) have access to all books of account, vouchers and other financial records of the CITA that are in the Council’s control; and (b) require such information and explanations of those books, vouchers and records as he thinks fit. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 83 Transitional provisions in relation to certain construction operations VerDate:01/01/2008 (1) This Ordinance does not apply to the following construction operations— (a) construction operations the tender for which had been submitted to the employer before the commencement day; (b) other construction operations carried out under a construction contract, if the contract had been entered into before the commencement day or the construction operations had commenced before the commencement day; and (c) construction operations other than those referred to in paragraphs (a) and (b), that had commenced before the commencement day. (2) Despite the commencement of section 71, the repealed Ordinance as it was in force immediately before the commencement continues to apply to the construction operations referred to in subsection (1), subject to subsection (3). (3) In respect of those construction operations, the powers conferred and the functions imposed on the CITA under the repealed Ordinance shall be exercised and performed by the Council. (4) In this section— “commencement day” (生效日期) means the day on which this Part comes into operation; “repealed Ordinance” (被廢除條例) means the Industrial Training (Construction Industry) Ordinance (Cap 317). “commencement day” (生效日期) “repealed Ordinance” (被廢除條例) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 84 Consequential or related amendments VerDate:01/01/2008 (1) (Omitted as spent) (2) The amendments effected by section 3 of Schedule 6 apply in relation to the year of assessment in which that section comes into operation and to all subsequent years of assessment. (3) In subsection (2), “year of assessment” (課稅年度) has the meaning assigned to it in section 2(1) of the Inland Revenue Ordinance (Cap 112). “year of assessment” (課稅年度) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 84 Consequential or related amendments VerDate:01/02/2007 1. Subsection (1) (in so far as it relates to the new item 104 in section 4 of Schedule 6 and section 5 of that Schedule) has come into operation on 1 February 2007. 2. Remaining provisions of this section are not yet in operation. (1) The enactments specified in Schedule 6 are amended as set out in that Schedule. (2) The amendments effected by section 3 of Schedule 6 apply in relation to the year of assessment in which that section comes into operation and to all subsequent years of assessment. (3) In subsection (2), “year of assessment” (課稅年度) has the meaning assigned to it in section 2(1) of the Inland Revenue Ordinance (Cap 112). “year of assessment” (課稅年度) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SCHEDULE 1 CONSTRUCTION OPERATIONS VerDate:01/01/2008 [sections 2 & 69] 1. In this Ordinance, “construction operations” (建造工程) means operations of any of the following descriptions— (a) building works as defined in section 2(1) of the Buildings Ordinance (Cap 123); (b) street works as defined in section 2(1) of the Buildings Ordinance (Cap 123); (c) construction, alteration, repair, maintenance, extension, demolition or dismantling of— (i) any buildings, or other temporary or permanent structures forming, or to form, part of land; (ii) any works forming, or to form, part of land; (iii) any industrial plant or any industrial installations for the purposes of land drainage, coast protection, water supply or defence; or (iv) any power-lines, telecommunications apparatus or pipelines, including walls, pylons, aircraft runways, docks and harbours, railways, inland waterways, reservoirs, water-mains, wells and sewers; (d) supply and installation of fittings or equipment in any buildings, or other structures forming part of land, including systems of heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, refuse collection, water supply, fire protection, security or communications, lift or escalator and other extra low voltage works; (e) external or internal cleaning of any buildings, or other temporary or permanent structures forming part of land, to the extent that it is carried out in the course of construction, alteration, repair, maintenance, extension or restoration of such buildings or structures; (f) painting or decorating any external or internal surfaces or parts of any buildings, or other temporary or permanent structures forming part of land; (g) operations which form an integral part of, or are preparatory to, or are for rendering complete, any of the operations described in paragraphs (a), (b), (c), (d), (e) and (f), including site clearance and investigation, earthmoving, excavation, tunnelling and boring, laying of foundations, erection, maintenance or dismantling of scaffolding, site restoration, landscaping and the provision of roadways and other access works. 2. Notwithstanding section 1, “construction operations” (建造工程) does not include operations of any of the following descriptions— (a) design, advice or consultation work, unless such design, advice or consultation work is incidental to any operations described in section 1; (b) manufacture of plant or machinery at a site for delivery of such plant or machinery to another site where the sole or principal activity at that other site is— (i) power generation; or (ii) the production, transmission, processing or bulk storage of any materials or manufactured products, including chemicals, pharmaceuticals, oil, gas, steel, food or drink or vehicles, which are intended for sale. 3. In this Schedule— “extra low voltage” (特低壓) means voltage normally not exceeding— (a) 50V root mean square alternating current between conductors or between a conductor and earth; or (b) 120V direct current between conductors or between a conductor and earth; “land” (土地) includes land under the sea. “construction operations” (建造工程) “extra low voltage” (特低壓) “land” (土地) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SCHEDULE 2 SPECIFIED BODIES VerDate:01/02/2007 [sections 9 & 69] PART 1 EMPLOYERS 1. Airport Authority 2. Kowloon-Canton Railway Corporation 3. MTR Corporation Limited 4. The Real Estate Developers Association of Hong Kong Limited PART 2 PROFESSIONALS AND CONSULTANTS 1. The Hong Kong Institute of Architects 2. The Hong Kong Institute of Landscape Architects 3. The Hong Kong Institute of Planners 4. The Hong Kong Institute of Surveyors 5. The Hong Kong Institution of Engineers PART 3 CONTRACTORS, SUBCONTRACTORS, MATERIALS SUPPLIERS AND EQUIPMENT SUPPLIERS 1. The Association of Plastering Sub-contractors Limited 2. Hong Kong Bar-bending Contractors Association, Limited 3. The Hong Kong Construction Association, Limited 4. Hong Kong Construction Materials Association Limited 5. The Hong Kong Federation of Electrical and Mechanical Contractors Limited 6. Hong Kong General Building Contractors Association Limited 7. Hong Kong Hydraulic Truck Cranes Association Limited 8. Hong Kong & Kowloon Scaffolders General Merchants Association Limited 9. Hong Kong Licensed Plumbers Association Limited 10. The Hong Kong Marble & Granite Merchants Association, Limited 11. The Registered Elevator and Escalator Contractors Association Limited PART 4 TRADE UNIONS 1. Construction Site Workers General Union 2. Consultant Engineering Firm Resident Site Staff Association 3. Hong Kong and Kowloon Electrical Engineering and Appliances Trade Workers Union 4. Hong Kong Construction Industry Employees General Union 5. Hong Kong Electrical Engineering Professional Employees Association 6. Hong Kong General Union of Lift and Escalator Employees 7. Union of Hong Kong Electrical Engineering Assistants CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SCHEDULE 3 MEETINGS AND PROCEEDINGS OF COUNCIL VerDate:01/02/2007 [sections 14 & 69] 1. Interpretation In this Schedule— “chairman” (主席) means the chairman of the Council referred to in section 9(1)(a) of this Ordinance; “member” (成員) means a member of the Council referred to in section 9(1) of this Ordinance. 2. Holding of meetings (1) Subject to subsection (2), a meeting of the Council shall be held at such time and place as the chairman may appoint. (2) The Council shall meet if there is a notice in writing, signed by not less than half of its members, requesting that a meeting be held. 3. Notice of meetings Unless otherwise determined by the chairman, a notice of meeting shall be served on each member at least 14 days before the day on which the meeting is to be held. 4. Quorum (1) At a meeting of the Council, a quorum is not less than half of its members. (2) If a member is disqualified from taking part in a decision or deliberation in respect of a matter under section 6, he shall be disregarded for the purposes of constituting the quorum for deciding or deliberating on that matter. 5. Proceedings of Council (1) Subject to subsection (2), the chairman is to preside at a meeting of the Council. (2) If, for any reason, the chairman is not able to preside at a meeting of the Council, the members present at the meeting are to elect a member from among themselves to preside. (3) All questions for determination are to be decided by a majority of votes of the members present and voting, and if there is an equality of votes, the member presiding has a casting vote in addition to his original vote. 6. Disclosure of interests of members If a member has a pecuniary interest, whether direct or indirect, in any matter under consideration at a meeting of the Council, the member— (a) shall, as soon as practicable after the commencement of the meeting, disclose to the Council the fact and nature of his interest; (b) shall withdraw from the meeting while the Council is considering the matter, if so required by the meeting; and (c) shall not in any case vote on the matter. 7. Keeping of register by Council (1) The Council is to establish and maintain a register for the purpose of keeping a record of any disclosure made by a member. (2) The Council may determine the form of the register, including the manner of making entries in it. (3) After a disclosure is made by a member, the Council is to cause the name of that member and the particulars of the disclosure to be recorded in the register; if a further disclosure is made, the Council is to cause those particulars to be recorded in the register after such disclosure is made. (4) For the purpose of enabling any member of the public to ascertain the particulars of the disclosure made by a member, the Council is to make available the register for inspection by the public at any reasonable time. (5) In this section, “disclosure” (披露) means a disclosure of pecuniary interest required to be made under section 6. 8. Validity of proceedings The validity of any proceedings of the Council shall not be affected by— (a) any defect in the appointment of a member; or (b) any vacancy in the membership of the Council. 9. Meetings of Council to be held in public (1) Subject to subsection (2), a meeting of the Council shall be open to the public. (2) Subsection (1) does not apply to a meeting of the Council or a part of a meeting of the Council in the following circumstances— (a) if, in the opinion of the Council, it is likely that the application of subsection (1) would result— (i) in premature release of information concerning any financial matter or investment of the Council; or (ii) in a disclosure of information in breach of any law, order or direction of a court or tribunal, duty of confidentiality, or other legal obligation or duty; (b) if, in the opinion of the Council, it is likely that any matter to be discussed or considered at the meeting or part of the meeting— (i) concerns personnel matters; or (ii) concerns a particular case that involves the carrying out of any provision of this Ordinance relating to the levy, surcharge, penalty or further penalty; or (c) if the Council, having regard to all the circumstances of a particular case, reasonably considers that subsection (1) should not apply to the meeting or part of the meeting. 10. Council to determine procedures Subject to the provisions of this Ordinance, the Council may determine its own procedures. 11. Resolutions without meetings (1) Subject to section 2(2) and this section, any business that may be transacted by a resolution of the Council in a meeting may be validly transacted, without a meeting, by a resolution in writing if— (a) the resolution is signed and endorsed by more than half of the eligible members; and (b) it is so signed and endorsed within the specified period. (2) If a resolution is in the form of more than one document, the requirements of subsection (1)(a) are to be regarded as satisfied if each document is in the like form and the documents together bear the signatures of, and have been endorsed by, more than half of the eligible members. (3) A telex, cable or facsimile, or an electronically transmitted document, that bears the signature of an eligible member is to be regarded as signed by that member. (4) A resolution in the form of more than one document is to be regarded as made on the date on which the resolution is signed by the last member to sign and endorse it within the specified period. (5) A member may, within the specified period, give notice in writing to the chairman requiring that the business to which the resolution relates be transacted at a meeting of the Council. (6) Where a notice is given under subsection (5), the following applies— (a) the business to which the resolution relates may not be transacted in the manner described in subsection (1); (b) a resolution for the purposes of subsection (1) may not be made or regarded as having been made. (7) For the purposes of this section— “eligible member” (合資格成員) means a member who, on the date on which the resolution is made, is entitled to attend and vote at a meeting of the Council in respect of the business; “endorse” (同意), in relation to a resolution, includes to endorse the transaction of the business by a resolution without a meeting of the Council; “specified period” (指明期間), in relation to any business referred to in subsection (1), means a period— (a) that is determined by the chairman and specified in the documents circulated for the purposes of transacting the business; and (b) within which a member may indicate to the Council as to whether he endorses the resolution. “chairman” (主席) “member” (成員) “disclosure” (披露) “eligible member” (合資格成員) “endorse” (同意) “specified period” (指明期間) CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SCHEDULE 4 COMPOSITION, MEETINGS AND PROCEEDINGS OF BOARD, ETC. VerDate:01/01/2008 [sections 19, 30 & 69] 1. Interpretation In this Schedule— “Board member” (訓練委員會成員) means a member of the Board referred to in section 2; “chairman” (主席) means the chairman of the Board appointed under section 2(4). 2. Composition of Board (1) The Board is to consist of 13 members appointed by the Council. (2) Of those members— (a) 4 are to be persons who, in the opinion of the Council, represent professionals or consultants connected with the construction industry; (b) 3 are to be persons who, in the opinion of the Council, represent contractors in the construction industry; (c) one is to be a person who, in the opinion of the Council, represents a training institute or tertiary educational institution connected with the construction industry; (d) 2 are to be persons who, in the opinion of the Council, are from trade unions representing workers employed in the construction industry that are registered under the Trade Unions Ordinance (Cap 332); (e) one is to be such other person as the Council thinks fit to be a member of the Board; and (f) 2 are to be public officers. (3) The Council may not appoint a public officer under subsection (2)(a), (b), (c), (d) or (e). (4) The Council is to appoint a Board member to be the chairman of the Board. 3. Term of office of Board member who is not public officer (1) Subject to subsection (2), a Board member who is not a public officer— (a) holds office for a period determined by the Council; and (b) is eligible for reappointment on the expiry of his term of office. (2) A Board member who is not a public officer may not serve as such a member continuously for more than 6 years. 4. Resignation of Board member who is not public officer (1) A Board member who is not a public officer may resign at any time by giving notice in writing to the Council. (2) A resignation takes effect on the date specified in the notice of resignation or, if a date is not specified, on the date the Council receives the notice. 5. Holding of meetings A meeting of the Board shall be held at such time and place as the chairman may appoint. 6. Quorum (1) At a meeting of the Board, a quorum is not less than 6 Board members. (2) If a Board member is disqualified from taking part in a decision or deliberation in respect of a matter under section 8, he shall be disregarded for the purposes of constituting the quorum for deciding or deliberating on that matter. 7. Proceedings of Board (1) Subject to subsection (2), the chairman is to preside at a meeting of the Board. (2) If, for any reason, the chairman is not able to preside at a meeting of the Board, the Board members present at the meeting are to elect a member from among themselves to preside. (3) All questions for determination are to be decided by a majority of votes of the Board members present and voting. (4) If there is an equality of votes, the member presiding has a casting vote in addition to his original vote. 8. Disclosure of interests of Board members If a Board member has a pecuniary interest, whether direct or indirect, in any matter under consideration at a meeting of the Board, the member— (a) shall, as soon as practicable after the commencement of the meeting, disclose to the Board the fact and nature of his interest; (b) shall withdraw from the meeting while the Board is considering the matter, if so required by the meeting; and (c) shall not in any case vote on the matter. 9. Validity of proceedings The validity of any proceedings of the Board shall not be affected by— (a) any defect in the appointment of a Board member; or (b) any vacancy in the membership of the Board. 10. Board to determine procedures Subject to the provisions of this Ordinance, the Board may determine its own procedures. 11. Delegation of Board’s functions and appointment of subcommittee (1) The Board may appoint any subcommittee as it considers appropriate. (2) The Board may delegate in writing any of its functions to a subcommittee appointed under subsection (1). (3) The Board may not delegate under subsection (2) any of the following powers— (a) the power to appoint a subcommittee under subsection (1); (b) the power to delegate under subsection (2); (c) the power to approve programmes of its proposed activities, estimates of its income and expenditure or other statements or reports required to be submitted to the Council; (d) the power to authorize the preparation of its accounts or other financial records. (4) A delegation may be subject to such terms and conditions as the Board considers fit. (5) A delegation does not prevent the concurrent performance by the Board of the functions delegated. (6) The Board may amend or revoke a delegation. 12. Estimates of the Board (1) In every financial year, the Board shall submit to the Council, before a date determined by the Council, a programme of its proposed activities and estimates of its income and expenditure for the next financial year. (2) The Board shall submit the programme and estimates for the first financial year as soon as practicable after the commencement of this section. 13. Accounts of the Board and submission of reports, etc. to Council (1) The Board shall maintain proper accounts and records of all its income and expenditure. (2) The Board shall, as soon as practicable after the end of a financial year, cause to be prepared a statement of accounts of the Board in respect of the financial year. (3) The statement of accounts is to include an income and expenditure account and a balance sheet. (4) The Board shall submit to the Council, before a date determined by the Council, a report on the activities of the Board during the financial year and a copy of the statement of accounts referred to in subsection (2). CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SCHEDULE 5 LEVY VerDate:01/01/2008 [sections 32, 34, 35, 36, 66 & 70] PART 1 SPECIFIED AMOUNT $1000000. PART 2 SPECIFIED RATE 0.4% of the value of the construction operations concerned. CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SCHEDULE 6 (Omitted as spent) VerDate:01/01/2008 CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SCHEDULE 6 CONSEQUENTIAL OR RELATED AMENDMENTS VerDate: [section 84] CONSEQUENTIAL OR RELATED AMENDMENTS Construction Sites (Safety) Regulations 1. Restriction on employment of persons under 18 years of age on construction sites Regulation 4A(2) of the Construction Sites (Safety) Regulations (Cap 59 sub. leg. I) is amended, in the definition of “Authority”, by repealing everything after “means” and substituting— “— (a) the body known as the Construction Industry Training Authority before the commencement of section 71 of the Construction Industry Council Ordinance (Cap 587); or (b) the Construction Industry Council established by section 4 of the Construction Industry Council Ordinance (Cap 587).”. Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations 2. Operators of cranes and lifting appliances Regulation 15A of the Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations (Cap 59 sub. leg. J) is amended— (a) in paragraph (1)(b), by repealing “Construction Industry Training Authority” and substituting “specified body”; (b) by adding— “(4) In this regulation, “specified body” (指明機構) means— (a) the body known as the Construction Industry Training Authority before the commencement of section 71 of the Construction Industry Council Ordinance (Cap 587); or (b) the Construction Industry Council established by section 4 of the Construction Industry Council Ordinance (Cap 587).”. Inland Revenue Ordinance 3. Institutions that may accredit or recognize training or development courses for the purpose of section 12(6)(c)(iii) Schedule 13 to the Inland Revenue Ordinance (Cap 112) is amended— (a) by adding— “3A. The Construction Industry Council established by section 4 of the Construction Industry Council Ordinance (Cap 587)”; (b) in item 4, by adding “and in existence before the commencement of section 71 of the Construction Industry Council Ordinance (Cap 587)” after “(Cap 317)”. Prevention of Bribery Ordinance 4. Public bodies Schedule 1 to the Prevention of Bribery Ordinance (Cap 201) is amended by adding— “104. Construction Industry Council. 105. Construction Industry Training Board.”. Industrial Training (Construction Industry) Ordinance 5. General powers of the Authority Section 6(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317) is amended by adding— “(da) provide such funds as may be requested by the Secretary for the Environment, Transport and Works under the Construction Industry Council Ordinance (Cap 587) to meet the expenses incurred by the Construction Industry Council established under that Ordinance;”. Pneumoconiosis (Compensation) Ordinance 6. Interpretation Section 2 of the Pneumoconiosis (Compensation) Ordinance (Cap 360) is amended— (a) in subsection (1)— (i) by repealing the definition of “authorized person” and substituting— ““authorized person” (獲授權人), in relation to construction operations, means— (a) the authorized person appointed or nominated under section 4 of the Buildings Ordinance (Cap 123) in respect of the construction operations; or (b) if no authorized person is appointed under that section, the person appointed in accordance with the Pneumoconiosis (Compensation) (Assessment of Levy) Regulations (Cap 360 sub. leg. A) in respect of the construction operations;”; (ii) in the definitions of “construction contract”, “contractor”, “term contract” and “works order”, by repealing “Industrial Training (Construction Industry) Ordinance (Cap 317)” and substituting “Construction Industry Council Ordinance (Cap 587)”; (iii) by repealing the definition of “construction employer” and substituting— ““construction employer” (建造工程聘用人) means an employer as defined in section 2(1) of the Construction Industry Council Ordinance (Cap 587);”; (iv) by repealing the definition of “construction operations” and substituting— ““construction operations” (建造工程) has the meaning assigned to it in section 2(1) of the Construction Industry Council Ordinance (Cap 587);”; (v) by repealing the definition of “levy” and substituting— ““levy” (徵款)— (a) in relation to construction operations, means the levy referred to in section 35(1); and (b) in relation to quarry products, means the levy referred to in section 35(7);”; (vi) in the definition of “quarry products”, by adding “from” before “or”; (vii) by repealing the definitions of “specified amount” and “specified rate”; (viii) by repealing the definition of “total value” and substituting— ““total value” (總價值), in relation to any construction operations, means the total value of the construction operations as defined in section 39D;”; (ix) by repealing the definition of “value” and substituting— ““value” (價值)— (a) in relation to any construction operations, means the value of the construction operations as determined under section 39C; and (b) in relation to any quarry products, means the value of the quarry products as determined under section 39E;”; (x) by adding— ““carry out” (進行) has the meaning assigned to it in section 2(1) of the Construction Industry Council Ordinance (Cap 587); “notice of assessment” (評估通知) means a notice of assessment described in section 35(6);”; (b) by repealing subsections (3) and (4) and substituting— “(2) Without affecting the generality of the definitions of “construction employer” and “contractor” under subsection (1), the following applies for the purposes of construing those terms— (a) where a person carries out construction operations for any other person under a contract of employment— (i) if the first-mentioned person is appointed as contractor under section 9 of the Buildings Ordinance (Cap 123) in respect of the construction operations, he (and not that other person) is the contractor in respect of the construction operations; and (ii) if the first-mentioned person is not appointed as contractor under section 9 of the Buildings Ordinance (Cap 123) in respect of the construction operations, the first-mentioned person is not the contractor in respect of the construction operations; (b) where a person carries out construction operations for himself without any arrangement for the carrying out of the construction operations by any other person, the first-mentioned person is both the construction employer and the contractor in respect of the construction operations; (c) where a person carries out construction operations for himself with the assistance, under a contract of employment, of one or more other persons none of whom is appointed as contractor under section 9 of the Buildings Ordinance (Cap 123) in respect of the construction operations, the first-mentioned person is both the construction employer and the contractor in respect of the construction operations.”. 7. Sections repealed Sections 2A, 2B, 2C and 3A are repealed. 8. Sections substituted Section 35 is repealed and the following substituted— “35. Imposition of levy (1) A levy at the rate specified in Division 1 of Part 2 of Schedule 5 is to be imposed in respect of construction operations carried out in Hong Kong. (2) The levy referred to in subsection (1) is to be assessed and paid according to this Ordinance. (3) Construction operations the total value of which does not exceed the amount specified in Part 1 of Schedule 5 are not liable to the levy. (4) Subject to subsection (5), the levy is payable by a contractor of any construction operations which are subject to the payment of a levy. (5) A contractor is liable to make a payment pursuant to subsection (4) only if the Board gives him a notice of assessment. (6) A notice of assessment shall be in writing and shall specify the amount of the levy payable by the contractor. (7) A levy at the rate specified in Division 2 of Part 2 of Schedule 5 is to be imposed in respect of quarry products. (8) The levy referred to in subsection (7) is to be assessed and paid according to this Ordinance. (9) The levy is payable by the quarry operator of the quarry from or in which the quarry products are extracted or produced. 36. Power to amend Schedule 5 (1) The Legislative Council may by resolution amend Schedule 5. (2) Any amendment to Schedule 5 shall come into effect on the expiry of the specified period. (3) Despite the coming into effect of any amendment to Part 1 or Division 1 of Part 2 of Schedule 5, Schedule 5 as it was before such amendment continues to apply to the construction operations to which this subsection applies. (4) Subsection (3) applies to the following construction operations— (a) construction operations the tender for which had been submitted to the construction employer before the expiry of the specified period; (b) other construction operations carried out under a construction contract, if the contract had been entered into before the expiry of the specified period or the construction operations had commenced before the expiry of that period; and (c) construction operations other than those referred to in paragraphs (a) and (b), that had commenced before the expiry of the specified period. (5) In this section, “specified period” (指明期間), in relation to a particular amendment made under subsection (1), means the period of 30 days after the publication in the Gazette of that amendment.”. 9. Payment of levy and surcharge Section 37 is amended— (a) in subsections (1A) and (1B), by adding “fully” before “paid”; (b) by repealing subsection (1C) and substituting— “(1C) The Board may waive or refund the whole or any part of a levy, surcharge, penalty or further penalty if it considers it fair and reasonable to do so in the special circumstances of a particular case. (1D) If an amount waived under subsection (1C) has already been paid to the Board, the Board shall refund it. (1E) If, in respect of any construction operations, the Board receives more than the proper amount of the levy due to more than one contractor paying the whole or part of amount due, the Board shall refund the excess to the contractor entitled to the refund.”; (c) in subsection (2), by repealing “object to the levy assessed or surcharge imposed under this Ordinance” and substituting “make an objection under the Pneumoconiosis (Compensation) (Assessment of Levy) Regulations (Cap 360 sub. leg. A)”. 10. Sections added The following are added immediately after section 39— “39A. Application to certain construction operations (1) This Ordinance does not apply to construction operations that are carried out both— (a) for a person who occupies a domestic unit or part of a domestic unit; and (b) for the sole or principal purpose of decorating, altering, repairing, maintaining or renovating the unit or any part of the unit. (2) In this section, “domestic unit” (住用單位) means any premises used or intended to be used solely or principally for residential purposes and constituting a separate household unit. (3) For the purposes of this section, a person is regarded as a person who occupies a domestic unit if he intends to occupy the unit. 39B. Power of Chief Executive in Council to exclude certain construction operations from application of this Ordinance (1) The Chief Executive in Council may, by order published in the Gazette, exclude any construction operations from the application of this Ordinance. (2) An order under subsection (1) may exclude particular construction operations or a type or description of construction operations. (3) An order under subsection (1) may specify the circumstances in which or the purposes for which the exclusion applies.”. 11. Part VIIA added The following is added— “PART VIIA VALUE OF CONSTRUCTION OPERATIONS AND QUARRY PRODUCTS, ETC. 39C. Value of construction operations (1) In relation to any construction operations, the value of the construction operations is— (a) if the construction operations are the subject of a construction contract— (i) the consideration attributable to the construction operations, that is stated in the contract; or (ii) the consideration attributable to the construction operations, that is ascertainable by reference to the contract; or (b) in any other case, the reasonable consideration to be expected in the open market for the carrying out of the construction operations. (2) Notwithstanding subsection (1)(a), if the consideration attributable to any construction operations as determined in accordance with that subsection is below the reasonable consideration to be expected in the open market for the carrying out of the construction operations, the consideration of the construction operations is to be the reasonable consideration referred to in subsection (1)(b). (3) For the purposes of this section, the Board may, in a particular case, have regard to any or all of the following matters when ascertaining the reasonable consideration to be expected in the open market for the carrying out of the construction operations concerned— (a) the cost or value of materials used in the construction operations; (b) the cost or value of time, work and labour involved in the construction operations; (c) the equipment used in the construction operations; (d) such overhead costs incurred in relation to the construction operations as the Board considers reasonable; (e) the reasonable profit to be expected in the open market for the carrying out of the construction operations; (f) any other factors that the Board considers appropriate. 39D. Total value of construction operations (1) For the purposes of this Ordinance, “total value” (總價值), in relation to construction operations carried out under a construction contract, means— (a) if the contract is a term contract under which works orders are issued, the aggregate of the values of all construction operations carried out as required by those works orders; (b) if the contract is not a term contract described in paragraph (a), but a contract under which the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the values of all stages of the construction operations so carried out; and (c) in any other case, the value of the construction operations. (2) For the purposes of this Ordinance, “total value” (總價值), in relation to construction operations that are not carried out under a construction contract, means— (a) if the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the values of all stages of the construction operations so carried out; and (b) in any other case, the value of the construction operations. 39E. Value of quarry products (1) For the purposes of this Ordinance, “value” (價值), in relation to any quarry products, means the value of the quarry products. (2) The Board may have regard to any or all of the following matters when ascertaining the value of any quarry products— (a) the type and volume of the quarry products; (b) the market price of the quarry products at the time of production.”. 12. Regulations Section 47 is amended— (a) in paragraph (b), by repealing “method of assessing the levy payable under section 35” and substituting “assessment of levy”; (b) in paragraph (b)(vi)— (i) by repealing “information” and substituting “the information that is”; (ii) by repealing “僱主” and substituting “聘用人”; (c) in paragraph (c)— (i) by repealing “records” and substituting “the records that are”; (ii) by repealing “僱主” and substituting “聘用人”. 13. Section added The following is added— “50. Transitional provisions in relation to certain construction operations (1) The amendments to this Ordinance, including its subsidiary legislation, as effected by sections 6 to 25 (except section 13) of Schedule 6 to the Construction Industry Council Ordinance (Cap 587) (“the amendments”) do not apply to the following construction operations— (a) construction operations the tender for which had been submitted to the construction employer before the commencement day; (b) other construction operations carried out under a construction contract, if the contract had been entered into before the commencement day or the construction operations had commenced before the commencement day; and (c) construction operations other than those referred to in paragraphs (a) and (b), that had commenced before the commencement day. (2) The pre-amended Ordinance continues to apply to the construction operations referred to in subsection (1). (3) In this section— “commencement day” (生效日期) means the day on which sections 6 to 25 of Schedule 6 to the Construction Industry Council Ordinance (Cap 587) come into operation; “pre-amended Ordinance” (修訂前的本條例) means this Ordinance, including its subsidiary legislation, as in force immediately before the commencement of the amendments.”. 14. Levy Schedule 5 is amended by repealing “[ss. 2 & 35]” and substituting “[ss. 35 & 36]”. Pneumoconiosis (Compensation) (Assessment of Levy) Regulations 15. Interpretation Regulation 2 of the Pneumoconiosis (Compensation) (Assessment of Levy) Regulations (Cap 360 sub. leg. A) is amended— (a) in the definition of “石礦業”, by repealing “業。” and substituting “業；”; (b) by adding— ““notice of completion” (竣工通知) means a notice given under regulation 5A, and includes a copy of a notice sent to the Board in accordance with paragraph (6) of that regulation; “notice of payment” (付款通知) means a notice given under regulation 5, and includes a copy of a notice sent to the Board in accordance with paragraph (6) of that regulation; “notice of surcharge” (附加費通知) means a notice of the surcharge referred to in regulation 6D(3); “objector” (反對者) means a person who makes an objection under regulation 12;”. 16. Contractor and authorized person to notify Board of their carrying out of construction operations Regulation 4 is amended— (a) by repealing paragraphs (1), (2), (3) and (4) and substituting— “(1) Within 14 days after any construction operations have commenced, the contractor and the authorized person in respect of the construction operations shall each inform the Board, by a notice, that he is such contractor or authorized person. (2) A notice referred to in paragraph (1) shall be in a form specified by the Board and shall state the estimated total value of the construction operations. (3) A notice is required to be given under this regulation only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5 to the Ordinance. (3A) The Board may in a particular case extend the period for giving a notice under this regulation. (4) A contractor or authorized person in respect of the construction operations complies with this regulation if he— (a) had given a notice to the Construction Industry Council under section 34 of the Construction Industry Council Ordinance (Cap 587) in respect of the construction operations; and (b) sent a copy of that notice to the Board within the specified period.”; (b) in paragraph (5), by repealing “give a notice when required to do so by paragraph (1)” and substituting “comply with this regulation”; (c) by adding— “(6) In this regulation, “specified period” (指明期間) means the period of 14 days referred to in paragraph (1) or, if the Board has extended that period under paragraph (3A), the extended period.”. 17. Notice of payment made in respect of construction operations Regulation 5 is amended— (a) by repealing paragraphs (1), (1A), (2), (3), (4) and (5); (b) by renumbering paragraph (6) as paragraph (7); (c) by adding— “(1) If a payment is made to or for the benefit of a contractor in respect of any construction operations or any stage or part of any construction operations, other than construction operations carried out under a term contract, the contractor shall, within 14 days after the payment is made, give notice of the payment to the Board. (2) If a payment is made to or for the benefit of a contractor in respect of any construction operations carried out under a term contract, the contractor shall, within 14 days after the last day of the month in which the payment was made, give notice of the payment to the Board. (3) A notice of payment shall be in a form specified by the Board and shall state the value of the construction operations or the value of the stage or part of the construction operations in respect of which the payment was made. (4) A notice is required to be given under this regulation only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5 to the Ordinance. (5) The Board may in a particular case extend the period for giving a notice under this regulation. (6) A contractor complies with this regulation if he— (a) had given a notice to the Construction Industry Council under section 35 of the Construction Industry Council Ordinance (Cap 587) in respect of the relevant payment; and (b) sent a copy of that notice to the Board within the specified period.”; (d) in paragraph (7), by repealing “give a notice when required to do so by paragraph (1), (1A) or (2)” and substituting “comply with this regulation”; (e) by adding— “(8) In this regulation, “specified period” (指明期間) means the period of 14 days referred to in paragraph (1) or (2) or, if the Board has extended that period under paragraph (5), the extended period.”. 18. Regulation added The following is added— “5A. Notice of completion of construction operations (1) After the completion of any construction operations, the contractor and the authorized person shall each give notice of the completion to the Board. (2) If any construction operations (other than those carried out under works orders) are carried out in stages, after the completion of each stage, the contractor and the authorized person shall each give notice of the completion to the Board. (3) A notice of completion shall be given within 14 days after the completion of the construction operations or the stage of the construction operations (as the case may be) but the Board may in a particular case extend the period for giving the notice. (4) The notice shall be in a form specified by the Board and shall state the value of the completed construction operations or the value of the completed stage. (5) A notice is required to be given under this regulation only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5 to the Ordinance. (6) A contractor or authorized person complies with this regulation if he— (a) had given a notice to the Construction Industry Council under section 36 of the Construction Industry Council Ordinance (Cap 587) in res