INDUSTRIAL TRAINING (CONSTRUCTION INDUSTRY) ORDINANCE

INDUSTRIAL TRAINING (CONSTRUCTION INDUSTRY) ORDINANCE

LAWS OF HONG KONG

INDUSTRIAL TRAINING (CONSTRUCTION

INDUSTRY) ORDINANCE

CHAPTER 317

REVISED EDITION 1981

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 317

INDUSTRIAL TRAINING (CONSTRUCTION INDUSTRY)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section ...................................Page

PART 1

PRELIMINARY

1. Short title................................. ... ... ... ... ... ... ... ... 3

2. Interpretation and application ............ ... ... ... ... ... ... 3
3. Ordinance binding on the Crown ............ ... ... ... ... ... ... 5

PART II

CONSTRUCTION INDUSTRY TRAINING AUTHORITY

4. Establishment of Construction Industry Training Authority ... ... ... ... 5

5. Functions of the Authority ................ ... ... ... ... ... 5
6. General powers of the Authority ........... ... ... ... ... ... ... 5

7. Constitution of Authority ................. ... ... ... ... ... 6
8. Chairman of the Authority ................. ... ... ... ... ... 7

9. Meetings and proceedings of the Authority ... ... ... ... ... ... ... ... 7

10. Transaction of business by circulation of papers ... ... ... ... ... ... ... 7
11. Committees ... ... ... ... ... ... ... ... ... ... ... ... ... 8
12. Appointment of employees and conditions of employment ... ... ... ... ... 8

13. Staff benefits ........................... ... ... ... ... ... ... ... 8

PART 111

FINANCIAL PROVISIONS

14. Funds and property of the Authority ... ... ... ... ... ... ... ... ... 9
15. Estimates and financial year ... ... ... ... ... ... ... ... ... ... ... 9

16. Bank account ............................. ... ... ... ... ... ... ... 9
17. Investment of funds ...................... ... ... ... ... ... ... ... ... 9

18. Accounts .................................. ... ... ... ... ... ... ... 9
19. Auditors ................................ ... ... ... ... ... ... ... 10

20. Statements and reports to be laid on table of Legislative Council ... ... ... 10

PART IV

LEVY

21. Imposition of construction industry training levy ... ... ... ... ... ... ... 10

22. Rate of levy ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10

23. Value of construction works ... ... ... ... ... ... ... ... ... ... ... 10
24. Contractor and authorized person to notify Authority when undertaking

construction works ........................ ... ... ... ... ... ... ... 11







25. Notice by contractor and authorized person of payments made in respect of works

etc. and of completion .................... ... ... ... ... ... ... ...
11

26. Assessment ............................... ... ... ... ... ... ... ... 12
27. Payment of levy .......................... ... ... ... ... ... ... 13

28...........Recovery of levy ................. ... ... ... ... ... ... ... ... ... 13





Section Page
PART V
OBJECTIONS AND APPEALS
29. Objection ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 13
30. Appeals ... ... ... ... ... ... ... ... ... ... ... ... 14

PART VI
MISCELLANEOUS
31. Furnishing of information and production of documents ... ... ... ... ... 14
32. Evidence by certificate etc. ... ... ... ... ... ... ... ... ... ... 16
33. Authentication, and production in evidence of documents ... ... ... ... ... 16
34. Appointment of authorized persons ... ...
... ... ... ... .... ... ... 16
35. Offences ... ... ... ... ... ...... .. ... ... ... ... ... ... ... 16
36. Regulations ... ... ... ... ... ...... ... ... ... ... ... ... ... ... 17





CHAPTER 317

INDUSTRIAL TRAINING (CONSTRUCTION INDUSTRY)

To establish the Construction Industry Training Authority, to provide
for facilities for the training of persons employed in the
construction industry and for a levy to be paid by. contractors in
respect of construction works.

[5 September 1975.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Industrial Training
(Construction Industry) Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'Authority' means the Construction Industry Training Authority
established by section 4;

'authorized person' means

(a)in relation to building or street works not carried out by or on
behalf of the Crown, the authorized person appointed under
section 4 of the Buildings Ordinance;

(b)in relation to construction works carried out by or on behalf of
the Crown, the person appointed under section 34(1);

(e)in relation to other construction works, the person appointed
under section 34(2);

'building works' has the meaning assigned to it in section 2(1) of the
Buildings Ordinance;

'chairman' means the chairman of the Authority appointed under
section 8;

'construction industry' means the industry in which building works or
construction works are carried out;

'contractor' means

(a)in relation to building or street works not carried out by or on
behalf of the Crown, the person appointed as contractor under
section-9 of the Buildings Ordinance;

(b)in relation to construction works carried out by or on behalf of
the Crown, the person carrying out the construction works;

(c)in relation to other construction works, the person carrying
out the construction works;





,,employer' means any person who contracts with a contractor for the
undertaking of construction works, or at whose request, or on
whose behalf, any such works are undertaken and any person
claiming under him whose rights are acquired after the
commencement of the works;

'financial year' means the period fixed by the Authority under section
15(2),

further penalty' means the further penalty payable under section 27(1
B); (Added, 7 of 198 1, s. 2)

levy means the construction industry training levy prescribed under
section 22;

'member' means a member of the Authority appointed under section 7;

'penalty' means the penalty payable under section 27(1A);

(Added, 7 of 1981, s. 2)

'street' has the meaning assigned to it in section 2(1) of the Buildings
Ordinance;

',street works' has the meaning assigned to it in section 2(1) of the
Buildings Ordinance;

'surcharge' means the surcharge under section 26(7);

'trade union' means a trade union registered under the Trade Unions
Ordinance;

'value', in relation to any construction works, means the value of the
construction works as assessed under this Ordinance.

(2) Subject to subsections (3) and (4), for the purposes of this
Ordinance 'construction works' include any kind of work involving or
in connexion with

(a) building works;

(b)the laying out, construction, alteration or repair of any street,
tunnel, airport runway, canal, reservoir, pipe-line, railway or
tramway;

(e) trench works carried out by or for any public utility; and

(d) river training works.

(3) Notwithstanding subsection (2) and subject to any order made
under subsection (4), 'construction works' shall not include

(a) the installation, repair and maintenance of any-

(i) airconditioning plant;

(ii) electricity supply system, including the wiring,
appliances and fittings;

(iii) lift, escalator or belt conveyor system;

(iv) fire services installation or equipment,





(b) manufacture, repair or maintenance of movable furniture;

(e) demolition.

(4) For the purposes of this Ordinance, the Governor may by
order declare any works-

(a) to be construction works; or

(b) not to be construction works.

(5) This Ordinance shall not apply to any construction works
which were begun before the commencement of this Ordinance.

3. This Ordinance shall bind the Crown.

PART 11

CONSTRUCTION INDUSTRY TRAINING AUTHORITY

4. (1) There is hereby established an authority, to be known
as the Construction Industry Training Authority, which shall in that
name be a body corporate with perpetual succession and shall be
capable of suing and being sued.
(2) The Authority shall have a common seal, the affixing of
which shall be authenticated by the signature of any 2 members.

(3) Any document purporting to be a document duly executed
under the seal of the Authority shall be received in evidence and
shall, unless the contrary is proved, be deemed to be a document so
executed.

5. The Authority shall have the following functions-

(a) to provide training courses for the construction industry;

(b)to establish and maintain industrial training centres there-
for;

(e)to assist in the placement of persons completing training
courses;

(d) to make recommendations with respect to the rate of levy.

6. (1) The Authority may do all such things as are necessary
for, or incidental or conducive to, the better carrying out of the
functions of the Authority and may in particular, but without
prejudice to the generality of the foregoing-

(a)hold, acquire or lease all kinds of property, whether
movable or immovable;

(b)subject to subsection (2), sell or otherwise dispose of all
kinds of property whether movable or immovable;

(c)enter into, assign or accept the assignment of, and vary or
rescind any contract or obligation;





(d)subject to subsection (3), meet expenditure on any item shown
in the approved estimates of expenditure of the Authority,
borrow or otherwise raise money on such security as may be
necessary, and for that purpose, charge all or any of the
property of the Authority;

(e)make charges for the use of any facility or service provided by
the Authority.

(2) The Authority shall not sell or otherwise dispose of land
granted at nil premium by the Government except with the prior approval
of the Governor.

(3) Except with the prior approval of the Financial Secretary, no sum
shall be borrowed or otherwise raised under subsection (1)(d) which
itself, or together with all other sums previously borrowed or otherwise
raised under that subsection and still outstanding, exceeds, or in the
aggregate exceeds, 10 per cent of the approved total estimated
expenditure for the current financial year.

7. (1) The Authority shall consist of 14 members appointed by the
Governor of whom

(a)2 shall be persons nominated by the Building Contractors Association Limited;

(b)2 shall be persons nominated by the Building and Civil
Engineering Industry Training Board;

(e)1 shall be a person nominated by the Hong Kong Institute of
Architects;

(d)1 shall be a person nominated by the Hong Kong branch of
the Royal Institution of Chartered S Surveyors;



(e) 1 shall be a person nominated by the Hong Kong branch of
the Institution of Structural Engineers.


(f) 1 shall be a civil engineer nominated by the Hong Kong
Institution of Engineers;

(g)1 shall be a person who holds office as an official of a trade
union representing workers employed in the construction
industry;

(h) 4 shall be public officers; and

(i)1 shall be a person, not being a public officer or person
connected with any of the organizations mentioned in
paragraphs (a) to (g).

(2) A member who is not a public officer appointed under
subsection (1)(h) shall, unless his appointment is terminated or
otherwise ceases, hold office for such period as the Governor may
specify. (Amended, L.N. 258/75)

(3) On the expiration of his period of appointment or re-

appointment, as the case may be, any such member shall be eligible
for reappointment for such further term as the Governor may
specify.





(4) Any such member may at any time resign from office by
giving notice in writing to the Governor, and he shall cease to be a
member from the date specified in the notice or, if no date is
specified, from the date of the receipt by the Governor of the notice.

(5) If any member other than the chairman is absent from
Hong Kong or is for any other reason unable to exercise the powers
or perform the duties of his office as member, the Governor may
appoint another person to be a temporary member in his place
during his absence or incapacity.

8. (1) The Governor shall appoint a member to be chairman
of the Authority.

(2) If the chairman is absent from Hong Kong or is for any
other reason unable to act as chairman, the Governor may appoint
another member to be chairman in his place during his absence or
incapacity.

9. (1) Meetings of the Authority shall be held at such times
and places as the chairman may appoint.

(2) A quorum shall be 6 members.

(3) At any meeting of the Authority the chairman shall
preside.

(4) If the chairman is absent from any meeting of the Au-
thority, the members present at the meeting may elect one of their
number to act as chairman in his place.

(5) The chairman or the member acting in his place shall have
a deliberative vote on all matters coming before the Authority and in
the case of an equality of votes he shall also have a casting vote.

(6) If a member has a pecuniary interest, whether direct or
indirect, in any contract or proposed contract or in any other
matter, and is present at a meeting of the Authority at which the
contract or other matter is the subject of consideration, he shall as
soon as practicable after the commencement of the meeting, disclose
to the Authority the fact and nature of his interest.

(7) Such member shall, if so required by the meeting, with-
draw from the meeting while the Authority is considering the
contract or matter and in any case shall not vote thereon.

(8) Subject to this Ordinance, the Authority may determine its
own procedure at meetings.

10. The Authority may transact any of its business by the
circulation of papers, and a resolution in writing which is approved
in writing by a majority of the members shall be as valid and
effectual as if it had been passed at a meeting of the Authority by the
votes of the members so approving the resolution.





11. (1) Subject to subsection (2), the Authority may appoint
committees for the better discharge of its functions under this
Ordinance.

(2) The Authority shall appoint a committee, comprising 3 members
of the Authority, for the purpose of the determination of any objection
under section 29.

(3) Subject to subsection (4), the Authority may in writing delegate
to any committee appointed under subsection (1) or (2) any of its
powers and functions:

Provided that no delegation under this subsection shall preclude
the Authority from exercising or performing at any time any power or
function so delegated.

(4) Notwithstanding subsection (3), the Authority shall not
delegate to a committee the power

(a)to approve the annual programme and estimates required to be
submitted under section 15;

(b)to authorize the preparation of the statements required under
section 18(2).

(5) Each committee may determine its own procedure at meetings.

12. The Authority may appoint such employees as it thinks fit and
determine all matters relating to their remuneration and terms and
conditions of appointment or employment.

13. (1) The Authority may-

(a)grant, or make provision for the grant of, pensions, gratuities
and retirement benefits, to its employees;

(b)provide other benefits for the welfare of its employees and
their dependants;

(c)make payments, whether ex gratia or legally due, to the
personal representative of a deceased employee or to any
person who was dependent on such employee at his death.

(2) The Authority may establish, manage and control or enter
into an arrangement with any company or association for the
establishment, management and control by such company or asso-
ciation either alone or jointly with the Authority of any fund or
scheme for the purpose of providing for the pensions, gratuities,
benefits and payments referred to in subsection (1).

(3) The Authority may make contribution to any fund or scheme
referred to in subsection (1) and may require its employees to make
contributions thereto.

(4) In this section 'employees' includes any class of employee
which the Authority may specify and in subsection (1) includes former
employees.





PART III

FINANCIAL PROVISIONS

14. The funds and property of the Authority shall consist of-

(a)all moneys recovered by way of levy, surcharge, penalty
and further penalty; (Amended, 7 of 1981, s. 3)

(b)any moneys received by the Authority by way of grants,
loans, donations, fees, rent or interest;

(c)all moneys derived from the sale of any property held by or
on behalf of the Authority; and

(d)all other moneys and property lawfully received by the
Authority for its purposes.

15. (1) In each financial year, before a date to be appointed
by the Governor, the Authority shall submit to the Governor a
programme of its proposed activities and estimates of its income and
expenditure for the next financial year:

Provided that the programme and estimates for the first finan-
cial year of the Authority shall be forwarded as soon as is practicable
after the commencement of this Ordinance.

(2) The Authority may, from time to time, with the prior
approval of the Governor, fix a period to be the financial year of the
Authority.,

16. (1) The Authority shall open and maintain an account
with a bank approved by the Director of Accounting Services.
(Amended, L.N. 16177)

(2) The Authority shall pay all moneys received by it into the
account referred to in subsection (1).

17. All funds of the Authority that are not immediately
required may be-

(a)deposited on fixed deposit in any bank or savings bank
nominated by the Financial Secretary either generally or in
any particular case, for that purpose; or

(b)subject to the prior approval of the Financial Secretary,
invested in such investments as the Authority thinks fit.

18. (1) The Authority shall maintain proper accounts and
records of all income and expenditure.

(2) After the end of each financial year, the Authority shall
cause to be prepared statements of income and expenditure during
the previous financial year and of the assets and liabilities of the
Authority on the last day thereof.





19. (1) The Authority shall appoint auditors, who shall be entitled
at any time to have access to all books of account, vouchers and other
financial records of the Authority and to require such information and
explanations thereof as they may think fit.

(2) The auditors shall audit the statements prepared under section
18(2) and shall report thereon to the Authority.

20. (1) The Authority shall, within 6 months after the end of each
financial year or such further time as the Governor may in any particular
year allow, submit to the Governor a report on the activities of the
Authority and copies of the statements prepared under section 18(2) and
the report made under section 19(2).

(2) The Governor shall cause the reports and statements received
by him under subsection (1) to be laid on the table of the Legislative
Council.

PART IV

LEVY

21. A levy, to be known as the construction industry training levy,
shall be imposed in accordance with this Ordinance on the value of all
construction works undertaken in Hong Kong and shall be payable by
every contractor who undertakes any such works.

22. (1) The Legislative Council may by resolution prescribe the rate
of levy.

(2) The rate of levy prescribed under subsection (1) shall be based
on the value of construction works.

(3) The rate of levy prescribed under subsection (1) shall come into
effect 30 days after the publication of the resolution in the Gazette.

(4) A resolution under subsection (1) may provide that
construction works the value of which does not exceed an amount
specified in the resolution shall not be liable to the levy.

23. (1) In ascertaining the value of construction works for the
purposes of this Ordinance, regard shall be given to

(a)in the case of construction works performed pursuant to a
contract, the consideration, or such part of the consideration
as is attributable to the construction works, payable to the
contractor under the contract, which shall be evidence, but not
conclusive evidence, of the value of the construction works;

(b)the cost or value of materials used in the construction works;

(c)the cost or value of time. work and labour involved in the
construction works;





(d) the equipment used in the construction works;

(e) such overhead costs as may be considered reasonable;

the reasonable profit to be expected on the open market in
respect of the performance of such construction works;

(g) any other factors that may be prescribed.

(2) In the case of any construction works to be undertaken or
carried out in stages the total value of all stages of the construction
works shall be the value of the construction works for the purposes of
subsection (1).

24. (1) Within 14 days after any construction works have begun or
such further time as the Authority may in any case allow

(a) the contractor carrying out the construction works; and

(b)the authorized person appointed in connexion with the
construction works,

shall each give notice to the Authority in the prescribed form that he
is such a contractor carrying out construction works or authorized
person appointed in connexion with construction works, as the case
may be.

(1A) Subsection (1) shall not apply in respect of any construction
works the estimated value of which would render those works not liable
to the levy as a result of a resolution under section 22. (Added, 64 of
1976, s. 2)

(2) Every notice under subsection (1) shall state the estimated
value of the construction works.

(3) Every contractor or authorized person who, without reasonable
excuse, fails to give a notice when required to do so by subsection (1)
shall be guilty of an offence and shall be liable on conviction to a fine of
51,000.

25. (1) Where a payment or an interim payment is made to a
contractor or for his benefit in respect of any construction works,
the contractor shall, within 14 days after the payment is made or
such further time as the Authority or may in any case allow give notice
of it to the Authority in the prescribed form.

(2) Not later than 14 days, or such further time as the
Authority may in any case allow, after the completion of any
construction works, or of any stage of the construction works (if the
construction works are being undertaken or carried out in stages),
the contractor and the authorized person appointed in respect of the
construction works shall each give notice of such completion to the
Authority in the preseribed form.

(2A) Subsections (1) and (2) shall not apply in respect of any
construction works which are not liable to the levy as a result of a
resolution under section 22. (Added, 64 of 1976. s. 3)





(3) Every notice under subsection (1) or (2) shall state the value of
the construction works or stage thereof in respect of which payment
was made or the value of the works or stage thereof which have been
completed, as the case may be.

(4) Every contractor or authorized person who without reasonable
excuse fails to give a notice when required to do so by subsection (1) or
(2) shall be guilty of an offence and shall be liable on conviction to a fine
of 52,000.

26. (1) On receipt of a notice of payment under section 25(1), the
Authority shall assess the amount of levy due from the contractor in
respect of the construction works or the stage of the construction works
(if the construction works are being undertaken or carried out in stages)
to which the payment relates.

(2) Where more than one payment is made or to be made to the
contractor in respect of construction works or a stage of the
construction works, the assessment under subsection (1) shall be a
provisional assessment and a final assessment shall be made on the final
payment in respect of the construction works, each stage of the works or
all stages of the works, as is appropriate.

(3) On receipt of a notice of completion of construction works or
any stage thereof under section 25(2), the Authority shall, if no
assessment under subsection (1) or (2) has been made, assess the
amount of levy due from the contractor in respect of the construct ion
works or the stage of the construction works.

(4) Where construction works are undertaken or carried out in
stages the Authority may make a provisional assessment under
subsection (3) on the completion of each stage of the construction
works and make a final assessment on the completion of all stages of the
construction works.

(5) The Authority may assess the amount of levy due from the
contractor in respect of the construction works or stage thereof which
have or has been completed notwithstanding that no notice has been
given to the Authority under section 25.

(6) Where it appears to the Authority that an assessment of levy
has been made at less than the proper amount, then, subject to
subsection (9), the Authority may at any time make an additional
assessment of levy due from the contractor in respect of construction
works or a stage of construction works.

(7) If a contractor fails to give any notice required to be given by
him under section 25 and does not give a reasonable excuse therefor
within such period as the Authority may allow in any case, the
Authority may, in addition to the levy assessed under subsection (5),
impose a surcharge on the contractor not exceeding twice the amount of
the levy so assessed.

(8) The Authority shall notify the contractor in writing of any
assessment of levy or imposition of surcharge.





(9) An assessment or surcharge under this section shall be made or
imposed within

(a) 2 years after the completion of the works; or

(b)1 year after evidence of facts, sufficient in the opinion of the
Authority to justify the making of the assessment or the
imposition of the surcharge comes to its knowledge,

whichever is the later.

27. (1) The amount of levy or surcharge specified in a notice given
to a contractor under section 26(8) shall be paid by the contractor to the
Authority within 28 days after the receipt by him of the notice,

(1A) If the amount of the levy or surcharge is not paid within the
period specified in subsection (1) the contractor shall be liable to pay, in
addition, a penalty of 5 per cent of the amount unpaid. (Added, 7 of
1981, s. 4)

(1B) If the amount of the levy or surcharge including any penalty
payable under subsection (1A) is not paid within 3 months after the
expiry of the period specified in subsection (1) the contractor shall be
liable to pay, in addition, a further penalty of 5 per cent of the amount
unpaid. (Added, 7 of 1981. s. 4)

(1C) The Authority may remit all or part of any penalty or further
penalty payable under subsection (1A) or (1B) if, in the special
circumstances of any case, it thinks it fair and reasonable to do so, and
if the amount so remitted has been paid, it shall be refunded. (Added, 7
of 198 1, s. 4)

(2) Payment shall be made in accordance with subsections (1), (1A)
and (1B) notwithstanding that the contractor may wish to object to the
levy assessed or surcharge imposed under section 26. (Amended, 7 of
1981, s. 4)

28. (1) Any amount of levy or surcharge, including the amount of
any penalty or further penalty, due and payable under this Ordinance
shall be recoverable as a debt due to the Authority. (Amended, 7 of
1981, s. 5)

(2) An action under subsection (1) may be brought in the District
Court notwithstanding that the amount due exceeds $20,000.

PART V

OBJECTIONS AND APPEALS

29. (1) Any person who is notified under section 26(8) of an
assessment of levy, or imposition of surcharge may, by notice in writing
served on the Authority within 21 days after the receipt of the notice,
object to the levy or surcharge.





(2) A notice of objection under subsection (1) shall state precisely
the grounds of objection and shall be accompanied by all written
statements and other documentary evidence relied upon by the objector
in support of the objection.

(3) An objection under subsection (1) shall be considered by the
appropriate committee of the Authority which may confirm, cancel or
reduce the levy or surcharge.

(4) The Authority shall notify the objector of the decision of the
committee under subsection (3) within 28 days after the receipt by the
Authority of the notice of objection under subsection (1) and, if a levy
or surcharge is cancelled or reduced, any amount which has been paid
by the contractor in excess of that found to be due, excluding the
amount of any penalty or further penalty which has been paid, shall
forthwith be repaid by the Authority to the objector. (Amended, 7 of
1981, s. 6)

30. (1) An objector who is aggrieved with a decision notified to him
under section 29(4) may appeal to the District Court against that
decision.

(2) An appeal under subsection (1) shall be lodged within 30 days
after the receipt of the notification by him.

(3) An appeal under this section shall not be heard unless the
amount of the levy or surcharge which is the subject-matter of the
appeal, including the amount of any penalty or further penalty, has been
paid. (Amended, 7 of 1981, s. 7)

(4) On hearing any appeal under this section the District Court may

(a) confirm, cancel or reduce the levy or surcharge;

(b)if it cancels or reduces a levy or surcharge, order the
repayment of the amount of levy or surcharge cancelled or
reduced, excluding the amount of any penalty or further
penalty which has been paid, with interest from the date of
payment to the Authority at such rate as the court may
determine or without enterest; and (Amended, 7 of 1981,s. 7)

(c)make such order as it thinks fit as to the payment of the costs
of the hearing.

(5) The Chief Justice may make rules of court for the purposes of
this section.

PART VI

MISCELLANEOUS

31. (1) An employer, contractor or authorized person concerned in
any construction works shall

(a)provide the Authority, or an officer of the Authority
authorized by it for the purposes of this section, within





such time and in such form as the Authority or such officer
may specify, with such information relating to the
construction works (including any amount paid or payable in
respect of the construction works or any work connected
therewith), or the name and address of the person for or by
whom the construction works are being undertaken, as the
Authority or such officer may require;

(b)on being so required by the Authority or such officer, produce
or cause to be produced any documents or records in his
possession relating to the construction works (including any
amount paid or payable in respect of the construction works)
for inspection by the Authority or such officer and permit the
Authority or such officer to take copies or make extracts from
them or to remove them for a reasonable period.

(2) Subject to subsection (3), no person shall disclose otherwise
than to the Authority, or to an employee of the Authority in his official
capacity, any information provided or obtained under subsection (1)
(including information obtained from documents or records) without the
consent of the person who provided it or from whom it was obtained.

(3) Subsection (2) does not apply-

(a)to the disclosure of information in the form of a summary of
similar information provided by or obtained from a number of
employers, contractors or authorized persons if the summary is
so framed as not to enable particulars relating to any particular
contractor's business to be ascertained from it;

(aa) to the disclosure of information by the Authority to any
person authorized or employed by it for the purpose of
checking or ascertaining the value of construction works;
(Added, 7 of 1981, s. 8)

(ab) to the disclosure of information by the Authority to the
Pneumoconiosis Compensation Fund Board established under
the Pneumoconiosis (Compensation) Ordinance; or (Added 7
of 1981, s. 8)

(b)to any disclosure of information made for the purpose of any
legal proceedings brought under this Ordinance, or for the
purposes of any report of any such proceedings.

(4) Any person who, without reasonable excuse, fails to comply
with a requirement under subsection (1) when it is within his power to
do so shall be guilty of an offence and shall be liable on conviction to a
fine of $1,000.

(5) Any person who intentionally discloses any information in
contravention of subsection (2) shall be guilty of an offence and shall
be liable on conviction to a fine of $2,000.





32. A certificate purporting to be signed by an officer of the
Authority authorized for the purposes of section 33

(a)that any notice required by or under this Ordinance has or has
not been given or has or has not been given at any date; or

(b)that any amount of levy, surcharge, penalty or further penalty
due under this Ordinance has not been paid, (Amended, 7 of
1981, s. 9)

shall be sufficient evidence of that fact until the contrary is proved.

33. (1) Any notice or other document given or issued by the
Authority may be signed by an officer of the Authority, authorized by
the Authority for the purposes of this subsection.

(2) Any document purporting to be a notice or other document
given or issued by the Authority and purporting to be signed by an
officer of the Authority authorized under subsection (1) shall be
received in evidence and shall until the contrary is proved be deemed to
be such a notice or other document.

34. (1) Where the Crown is the employer in respect of any
construction works, a person shall be appointed by or on behalf of the
Crown to perform the functions of an authorized person under this
Ordinance in respect of such construction works.

(2) Every person by whom or on whose behalf construction works
are to be undertaken shall, if no authorized person has been appointed
under section 4 of the Buildings Ordinance, appoint a person to be the
authorized person under this Ordinance in respect of such construction
works.

(3) Every person by whom or on whose behalf construction works,
other than building or street works, are to be undertaken shall before the
commencement of the works inform the Authority in writing of the
names of

(a) the person appointed under subsection (2); and

(b) the contractor.

(4) Every person who is appointed under subsection (2) or who is
employed as a contractor in respect of construction works shall inform
the Authority in writing of that fact before the commencement of the
works.

(5) Any person who fails to comply with subsection (2), (3) or (4)
shall be guilty of an offence and shall be liable on conviction to a fine of
$2,000.

35. (1) Any person who is knowingly concerned in, or in the taking
of steps with a view to, the fraudulent evasion of the payment of a levy,
whether due from him or from any other person. shall be guilty of an
offence and shall be liable on conviction to a fine of $10,000 or 3 times
the amount of levy that was or was intended to be evaded by his
conduct. whichever is the greater.





(2) Any person who-

(a)with intent to deceive, produces, supplies or sends for the
purposes of this Ordinance or otherwise makes use for those
purposes of any document or record which is false in a
material particular; or

(b)in providing any information for the purposes of this
Ordinance, makes any statement which he knows to be false in
a material particular or recklessly makes a statement which is
false in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine of
$5,000 or 3 times the amount of any levy that was or was intended to be
evaded by his conduct, whichever is the greater.

36. The Governor in Council may by regulation provide for-

(a)records to be kept by employers, contractors and authorized
persons;

(b)information to be supplied by employers, contractors and
authorized persons;

(c) forms;

(d) any matter which is to be or may be prescribed;

(e)generally for the better carrying out of the provisions and
purposes of this Ordinance.





LAWS OF HONG KONG

INDUSTRIAL TRAINING (CONSTRUCTION

INDUSTRY) ORDINANCE

CHAPTER 317

(SUBSIDIARY LEGISLATION)



REVISED EDITION 1985

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER

HONG KONG
Originally 53 of 1975. L.N. 258/75. 64 of 1976. L.N. 16/77. 7 of 1981. L.N. 215/75. Short title. Interpretation and application. (Cap. 123.) (Cap. 332.) Ordinance binding on the Crown. Establishment of Construction Industry Training Authority. Functions of the Authority. General powers of the Authority. Constitution of Authority. Chairman of the Authority. Meetings and proceedings of the Authority. Transaction of business by circulation of papers. Committees. Appointment of employees and conditions of employment. Staff benefits. Funds and property of the Authority. Estimates and financial year. Bank account. Investment of funds. Accounts. Auditors. Statements and reports to be laid on table of Legislative Council. Imposition of construction industry training levy. Rate of levy. Value of construction works. Contractor and authorized person to notify Authority when undertaking construction works. Notice by contractor and authorized person of payments made in respect of works etc. and of completion. Assessment. Payment of levy. Recovery of levy. Objection. Appeals. Furnishing of information and production of documents. (Cap. 360.) Evidence by certificate etc. Authentication, and production in evidence of documents. Appointment of authorized persons. (Cap. 123.) Offences. Regulations.

Originally 53 of 1975. L.N. 258/75. 64 of 1976. L.N. 16/77. 7 of 1981. L.N. 215/75. Short title. Interpretation and application. (Cap. 123.) (Cap. 332.) Ordinance binding on the Crown. Establishment of Construction Industry Training Authority. Functions of the Authority. General powers of the Authority. Constitution of Authority. Chairman of the Authority. Meetings and proceedings of the Authority. Transaction of business by circulation of papers. Committees. Appointment of employees and conditions of employment. Staff benefits. Funds and property of the Authority. Estimates and financial year. Bank account. Investment of funds. Accounts. Auditors. Statements and reports to be laid on table of Legislative Council. Imposition of construction industry training levy. Rate of levy. Value of construction works. Contractor and authorized person to notify Authority when undertaking construction works. Notice by contractor and authorized person of payments made in respect of works etc. and of completion. Assessment. Payment of levy. Recovery of levy. Objection. Appeals. Furnishing of information and production of documents. (Cap. 360.) Evidence by certificate etc. Authentication, and production in evidence of documents. Appointment of authorized persons. (Cap. 123.) Offences. Regulations.

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