Hong Kong Ordinances

CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 2

Interpretation

(Past version on 01/02/2007).

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)