Hong Kong Regulations

PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 5

Notice of payment made in respect of construction operations

(Past version on 01/01/2008).
(Past version on 01/06/2004).
(Past version on 30/06/1997).

(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. (12 of 2006 s. 84)

(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. (12 of 2006 s. 84)

(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.
(12 of 2006 s. 84)

(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. (12 of 2006 s. 84)

(5) The Board may in a particular case extend the period for giving a notice
under this regulation. (12 of 2006 s. 84)

(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.
        (12 of 2006 s. 84)

(7) Every contractor or authorized person who without reasonable excuse fails
to comply with this regulation commits an offence and is liable to a fine of
$5000. (L.N. 32 of 1983; 12 of 2006 s. 84)

(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. (12 of 2006 s. 84)

(3 of 2004 s. 31)

"specified period" (指明期間)