### Construction Industry Council Ordinance 《建造業議會條例》

61. Protection of information given under sections 59 and 60
(1) Subject to subsection (2), a person shall not disclose other than to the Council, or to an employee of the Council acting in his official capacity, any information given or obtained under section 59 or any information obtained from any document or record under section 60 without the consent of the person who gave it or from whom it was obtained.
(2) Subsection (1) does not apply—
(a) to the provision of information under regulation 14 of the Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations (Cap. 360 sub. leg. A); (Amended 6 of 2008 s. 51)
(b) to the provision of information under section 31(1) of the Construction Workers Registration Ordinance (Cap. 583);
(c) to the disclosure of information in the form of a summary of similar information given 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;
(d) to the disclosure of information by the Council to any person authorized or employed by it for the purposes of checking or ascertaining the value of construction operations;
(e) to the disclosure of information by the Council to the Pneumoconiosis Compensation Fund Board established under the Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap. 360); (Amended 6 of 2008 s. 51)
(f) (Repealed 17 of 2012 s. 60)(g) to any disclosure of information made for the purposes of any legal proceedings brought under this Ordinance, or for the purposes of any report of any such proceedings; or
(h) to the supply of a copy of personal data in compliance with a data access request under section 18 of the Personal Data (Privacy) Ordinance (Cap. 486).
(3) A person who intentionally discloses any information in contravention of subsection (1) commits an offence and is liable on conviction to a fine at level 3. (Amended 17 of 2012 s. 60)

62. Documents under seal of Council
(1) The affixing of the common seal of the Council is to be authenticated by the signatures of any 2 of its members.
(2) A document purporting to be duly executed under the common seal is admissible in evidence and, unless the contrary is proved, is to be regarded as having been duly executed.

### Construction Industry Council Ordinance 《建造業議會條例》

63. Power to sign Council’s documents
A notice or any other document given or issued by the Council may be signed by an officer of the Council, authorized by the Council for the purposes of this section.

64. Admissibility of documents signed under section 63
A document purporting to be a notice or other document given or issued by the Council and purporting to be signed by an officer of the Council authorized for the purposes of section 63 is admissible in evidence and, unless the contrary is proved, is to be regarded as a notice or other document given or issued by the Council and signed as purported.

65. Evidence by certificate, etc.
(1) In any legal proceedings, a certificate to which this section applies purporting to be signed by an officer of the Council authorized for the purposes of section 63 is admissible in evidence.
(2) Unless the contrary is proved, such a certificate is evidence of the facts stated in it and is to be regarded as signed as purported.
(3) This section applies to a certificate stating that—
(a) a notice required by or under this Ordinance has or has not been given on a particular date; or
(b) an amount of a levy, surcharge, penalty or further penalty due under this Ordinance has not been paid.

66. Appointment of authorized persons
(1) If the Government is the employer in respect of any construction operations, a person shall be appointed by or on behalf of the Government to perform the functions of an authorized person.
(2) In any other case, the employer in respect of any construction operations shall, if no authorized person is appointed under section 4 of the Buildings Ordinance (Cap. 123), appoint a person to perform the functions of an authorized person.
(3) For the purposes of enabling the Council to perform its functions under Part 5, an employer to whom subsection (2) applies shall, before the commencement of the construction operations, supply to the Council, in a form specified by it, the name of the person appointed under that subsection and the name of the contractor in respect of the construction operations.
(4) A person who fails to comply with subsection (2) or (3) commits an offence and is liable on conviction to a fine at level 1.
(5) Subsection (3) applies 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.

### Construction Industry Council Ordinance 《建造業議會條例》

67. Offences of fraudulent evasion of levy and giving false documents or information
(1) A person commits an offence if he—
(a) is knowingly concerned in the fraudulent evasion of the payment of a levy due from him or from any other person; or
(b) is knowingly concerned in taking steps with a view to the fraudulent evasion of the payment of a levy due from him or from any other person.
(2) A person commits an offence if he—
(a) with intent to deceive, produces, supplies or sends for the purposes of this Ordinance, or otherwise makes use of for those purposes, a document or record that is false in a material particular; or
(b) in providing any information for the purposes of this Ordinance, makes a statement that he knows to be false in a material particular or recklessly makes a statement that is false in a material particular.
(3) A person who commits an offence under subsection (1)(a) or (b) is liable on conviction to a fine at level 3 or 3 times the amount of the levy that was evaded or intended to be evaded by his conduct, whichever is the greater.
(4) A person who commits an offence under subsection (2)(a) or (b) is liable on conviction to a fine at level 3 or 3 times the amount of the levy that was evaded or intended to be evaded by his conduct, whichever is the greater. (Amended 17 of 2012 s. 61)

68. Regulations
The Secretary may make regulations for all or any of the following purposes—
(a) to provide for records that are to be kept by employers, contractors and authorized persons;
(b) subject to the particular provisions relating to information in this Ordinance, to provide for information that is to be supplied by employers, contractors and authorized persons;
(c) generally for the better carrying out of the provisions and purposes of this Ordinance.

69. Power to amend Schedules 1, 2, 3 and 4
The Secretary may, by order published in the Gazette, amend Schedules 1, 2, 3 and 4.