Hong Kong Ordinances

CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 35

Notice of payment made in respect of construction operations

(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.