Hong Kong Regulations

WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CONSTRUCTION WASTE) REGULATION - SECT 9

Duty of main contractor of construction work to apply for billing account

(1) A main contractor who undertakes construction work with a value of
$1000000 or above under a contract that has been awarded on or after the
commencement of this section shall, within 21 days after being awarded the
contract, make an application to the Director to establish a billing  account
solely in respect of that contract.

(2) Where the Director has approved the application to establish a
billing account solely in respect of that contract, the main contractor shall
ensure that-

   (a)  that billing account is used for paying any prescribed charge payable
        in respect of construction waste generated from construction work
        undertaken under that contract; and

   (b)  that billing account is not used for paying any prescribed  charge
        payable in respect of any other construction waste. (L.N. 2 of 2005)

(3) In this section, "main contractor" (主要承判商) means a person who
enters into a contract directly with an owner or occupier of any land, or with
an agent or authorized architect, surveyor or engineer of such owner or
occupier, to perform any construction work for such owner or occupier.

(4) For the purpose of subsection (1), "value" (價值), in relation to
construction work undertaken under a contract, means the consideration
attributable to such work, as stated in, or ascertainable by reference to, the
contract.

(5) Notwithstanding subsection (4), if in a particular case the consideration
attributable to the construction work concerned as determined in accordance
with that subsection is below the reasonable consideration to be expected on
the open market in respect of the carrying out of such work, that subsection
shall be deemed to contain a reference to the reasonable consideration
described in this subsection instead of the consideration described in that
subsection.

(6) For the purpose of subsection (5), the Director may, when ascertaining the
reasonable consideration in respect of the carrying out of any
construction work, have regard to all or any of the following matters-

   (a)  the cost or value of materials to be used in the construction  work;

   (b)  the cost or value of time, work and labour to be involved in the
        construction work;

   (c)  the equipment to be used in the construction work;

   (d)  such overhead costs to be incurred in relation to the
        construction work as the Director considers reasonable;

   (e)  the reasonable profit to be expected on the open market in respect of
        the carrying out of the construction work;

   (f)  any other factors that the Director considers appropriate.

(7) A main contractor who, without reasonable excuse, fails to comply with
subsection (1) commits an offence and is liable to a fine at level 5 and, in
the case of a continuing offence, to a further daily fine of $1000 for each
day during which the offence continues.

(8) A main contractor who, without reasonable excuse, fails to comply with
subsection (2) commits an offence and is liable to a fine at level 5.

"main contractor" (主要承判商)

"value" (價值)