Hong Kong Ordinances

CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SECT 41

Imposition of surcharge

(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.