CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - CHAPTER 583B CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - LONG TITLE Empowering section VerDate:29/12/2005 (Cap 583, section 63) [29 December 2005] (L.N. 166 of 2005) CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 1 (Omitted as spent) VerDate:29/12/2005 PART 1 PRELIMINARY (Omitted as spent) CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 1 Commencement VerDate: PART 1 PRELIMINARY This Regulation shall come into operation on 29 December 2005. CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 2 Interpretation VerDate:29/12/2005 (1) In this Regulation, unless the context otherwise requires— "first period" (首段期間) means a period that begins on 29 December 2005 and expires at the end of 28 February 2006; "fourth period" (第四段期間) means a period that begins on 1 July 2006 and expires at the end of 31 August 2006; "relevant qualification" (有關資格), in relation to a designated trade, means the qualification set out in column 4 of Part 1, 2 or 3 of Schedule 1 to the Ordinance opposite the trade; "second period" (第二段期間) means a period that begins on 1 March 2006 and expires at the end of 30 April 2006; "third period" (第三段期間) means a period that begins on 1 May 2006 and expires at the end of 30 June 2006. (2) For the purposes of this Regulation, an application for registration is an application under section 39(1) of the Ordinance for registration as— (a) a registered skilled worker for one designated trade set out in Part 1 or 2 of Schedule 1 to the Ordinance; (b) a registered skilled worker (provisional) for one designated trade set out in Part 1 or 2 of Schedule 1 to the Ordinance; (c) a registered semi-skilled worker for one designated trade set out in Part 2 or 3 of Schedule 1 to the Ordinance; (d) a registered semi-skilled worker (provisional) for one designated trade set out in Part 2 or 3 of Schedule 1 to the Ordinance; or (e) a registered general worker. (3) For the purposes of this Regulation, an application for renewal of registration is an application under section 44(5) of the Ordinance for renewal of registration as— (a) a registered skilled worker for one designated trade set out in Part 1 or 2 of Schedule 1 to the Ordinance; (b) a registered semi-skilled worker for one designated trade set out in Part 2 or 3 of Schedule 1 to the Ordinance; or (c) a registered general worker. "first period" (首段期間) "fourth period" (第四段期間) "relevant qualification" (有關資格) "second period" (第二段期間) "third period" (第三段期間) CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 3 Application fees: general VerDate:29/12/2005 PART 2 FEES FOR APPLICATION FOR REGISTRATION Subject to this Part, the fee payable in respect of an application for registration is— (a) if the application is made within the first period, $78; (b) if the application is made within the second period, $84; (c) if the application is made within the third period, $89; (d) if the application is made within the fourth period, $95; and (e) if the application is made at any other time, $100. CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 4 Application fees: applicant is a registered construction worker VerDate:29/12/2005 (1) If— (a) a person applies for registration; and (b) the person holds another registration that is in effect, section 3 does not apply to the application. (2) Subject to section 5, if— (a) a person applies for registration as a registered skilled worker, or a registered semi-skilled worker, for a designated trade; (b) the person is a registered skilled worker (provisional), or a registered semi-skilled worker (provisional), for the trade; and (c) the person is not— (i) a registered skilled worker, or a registered semi-skilled worker, for any other designated trade; or (ii) a registered general worker, the fee payable in respect of the application is $100. CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 5 Application fees: application supported by relevant qualification VerDate:29/12/2005 If— (a) a person applies for registration as a registered skilled worker, or a registered semi-skilled worker, for a designated trade; and (b) the application is supported by the relevant qualification for the trade held by the person, the fee payable in respect of the application is one half of the fee prescribed for the application under section 3 or 4(2), rounded up to the nearest dollar. CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 6 Application fees: renewal of registration VerDate:29/12/2005 PART 3 OTHER FEES (1) Subject to subsection (2), the fee payable in respect of an application for renewal of registration is $100. (2) If— (a) a person applies for the renewal of his registration as a registered skilled worker, or a registered semi-skilled worker, for a designated trade; and (b) the application is supported by the relevant qualification for the trade held by the person, the fee payable in respect of the application is one half of the fee prescribed for the application under subsection (1). CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 7 Application fees: replacement of registration card VerDate:29/12/2005 The fee payable in respect of an application under section 46(8) or (9) of the Ordinance is $100. CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 8 Fees for the purpose of a notice of appeal VerDate:29/12/2005 The fee payable in respect of a notice of appeal for the purposes of section 52(4)(b) of the Ordinance is $30. CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 9 Waiver of application fees for registration VerDate:29/12/2005 PART 4 WAIVER OF FEES (1) This section applies if— (a) a person makes 2 or more applications for registration at the same time; and (L.N. 205 of 2005) (b) a fee is prescribed for each application under section 3, 4(2) or 5. (2) The fee payable in respect of each application, other than the following, is waived— (a) in the case where the fee so prescribed for each application is of the same amount, the fee payable in respect of any one application specified by the Registrar; (b) in the case where the fee so prescribed for each application is not of the same amount— (L.N. 205 of 2005) (i) the fee payable in respect of the application for which the fee so prescribed is of the lower or lowest amount; or (ii) if there are 2 or more such applications, the fee payable in respect of any one of such applications specified by the Registrar. CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 10 Waiver of application fees for renewal of registration VerDate:29/12/2005 (1) This section applies if— (a) a person makes 2 or more applications for renewal of his registration at the same time; and (L.N. 205 of 2005) (b) a fee is prescribed for each application under section 6(1) or (2). (2) The fee payable in respect of each application, other than the following, is waived— (a) in the case where the fee so prescribed for each application is of the same amount, the fee payable in respect of any one application specified by the Registrar; (b) in the case where the fee so prescribed for each application is not of the same amount— (L.N. 205 of 2005) (i) the fee payable in respect of the application for which the fee so prescribed is of the lower or lowest amount; or (ii) if there are 2 or more such applications, the fee payable in respect of any one of such applications specified by the Registrar. CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 11 Refund of application fees for registration: when registration is less than 36 months VerDate:29/12/2005 PART 5 REFUND OF FEES (1) If— (a) the Registrar accepts an application for registration; and (b) the expiry date specified under section 44(1) of the Ordinance for the registration is less than 36 months after the date of registration, (L.N. 205 of 2005) the Registrar shall make a refund of the fee paid in respect of the application or a portion of such fee. (2) Subject to subsection (7), if the application is made within the first period, the amount to be refunded under subsection (1) is calculated in accordance with the following formula, with the result rounded up to the nearest dollar— F —— × [852 – (D – 243)]. 852 (3) Subject to subsection (7), if the application is made within the second period, the amount to be refunded under subsection (1) is calculated in accordance with the following formula, with the result rounded up to the nearest dollar— F —— × [912 – (D – 183)]. 912 (4) Subject to subsection (7), if the application is made within the third period, the amount to be refunded under subsection (1) is calculated in accordance with the following formula, with the result rounded up to the nearest dollar— F —— × [973 – (D – 122)]. 973 (5) Subject to subsection (7), if the application is made within the fourth period, the amount to be refunded under subsection (1) is calculated in accordance with the following formula, with the result rounded up to the nearest dollar— F —— × [1034 – (D – 61)]. 1034 (6) If the application is made at any other time, the amount to be refunded under subsection (1) is calculated in accordance with the following formula, with the result rounded up to the nearest dollar— F —— × (1095 – D). 1095 (7) If the amount to be refunded under subsection (1) as calculated in accordance with the formula set out in subsection (2), (3), (4) or (5) is larger than the amount of fee paid in respect of the application, the amount to be so refunded is the amount of fee so paid. (8) In the formulae set out in subsections (2), (3), (4), (5) and (6)— (a) F represents the amount of fee paid in respect of the application; and (b) D represents the number of days within the period that begins on the date of registration and expires at the end of the expiry date specified under section 44(1) of the Ordinance for the registration. (L.N. 205 of 2005) CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 12 Refund of application fees for registration: when applicant's provisional registration expires before lasting for 36 months VerDate:29/12/2005 (1) This section applies if— (a) a person is a registered skilled worker (provisional), or a registered semi-skilled worker (provisional), for a designated trade; (b) the person applies for registration as a registered skilled worker, or a registered semi-skilled worker, for the trade; and (c) the Registrar accepts the application. (2) If the Registrar is satisfied that on the date on which the person's registration referred to in subsection (1)(a) expires by virtue of section 45(1)(b) or (2)(b) of the Ordinance, it has been in effect for less than 36 months, the Registrar shall make a refund of the fee paid in respect of the person's application for such registration or a portion of such fee. (3) Subject to subsection (8), if the application is made within the first period, the amount to be refunded under subsection (2) is calculated in accordance with the following formula, with the result rounded up to the nearest dollar— G —— × [852 – (C – 243)]. 852 (4) Subject to subsection (8), if the application is made within the second period, the amount to be refunded under subsection (2) is calculated in accordance with the following formula, with the result rounded up to the nearest dollar— G —— × [912 – (C – 183)]. 912 (5) Subject to subsection (8), if the application is made within the third period, the amount to be refunded under subsection (2) is calculated in accordance with the following formula, with the result rounded up to the nearest dollar— G —— × [973 – (C – 122)]. 973 (6) Subject to subsection (8), if the application is made within the fourth period, the amount to be refunded under subsection (2) is calculated in accordance with the following formula, with the result rounded up to the nearest dollar— G —— × [1034 – (C – 61)]. 1034 (7) If the application is made at any other time, the amount to be refunded under subsection (2) is calculated in accordance with the following formula, with the result rounded up to the nearest dollar— G —— × (1095 – C). 1095 (8) If the amount to be refunded under subsection (2) as calculated in accordance with the formula set out in subsection (3), (4), (5) or (6) is larger than the amount of fee paid in respect of the application, the amount to be so refunded is the amount of fee so paid. (9) In the formulae set out in subsections (3), (4), (5), (6) and (7)— (a) G represents the amount of fee paid in respect of the application for registration as a registered skilled worker (provisional), or a registered semi-skilled worker (provisional), for the designated trade; and (b) C represents the number of days within the period that— (i) begins on the date of registration as a registered skilled worker (provisional), or a registered semi-skilled worker (provisional), for the designated trade; and (ii) expires at the end of the date of registration as a registered skilled worker, or a registered semi-skilled worker, for the designated trade. CONSTRUCTION WORKERS REGISTRATION (FEES) REGULATION - SECT 13 Refund of application fees for renewal of registration: when registration is renewed for less than 36 months VerDate:29/12/2005 (1) If— (a) the Registrar accepts an application for renewal of registration; and (b) the expiry date specified under section 44(1) of the Ordinance for the registration is less than 36 months after the relevant date, (L.N. 205 of 2005) the Registrar shall make a refund of a portion of the fee paid in respect of the application. (2) The amount to be refunded under subsection (1) is calculated in accordance with the following formula, with the result rounded up to the nearest dollar— H —— × (1095 – B), 1095 where— H represents the amount of fee paid in respect of the application; and B represents the number of days within the period that begins on the relevant date and expires at the end of the expiry date specified under section 44(1) of the Ordinance for the registration. (L.N. 205 of 2005) (3) In this section, "relevant date" (有關日期) has the meaning assigned to it by paragraph (b), (c) or (d) of the definition of "relevant date" in section 44(10) of the Ordinance. "relevant date" (有關日期)