### Construction Workers Registration Ordinance 《建造業工人註冊條例》

25. Notice by contractor and authorized person of payments made in respect of construction operations and of completion
(1) Subject to subsection (2), where a payment or an interim payment is made to a contractor or for his benefit in respect of any construction operations or a stage of any construction operations (if the construction operations are undertaken or carried out in stages), the contractor shall, within 14 days after the payment is made or such further time as the Council may in any case allow, give notice of it to the Council in the specified form. (Amended 17 of 2012 s. 17)
(2) Where any payment or interim payment is made in any calendar month to a contractor or for his benefit in respect of any construction operations that are carried out under a term contract, the contractor shall, within 14 days after the last day of that month or such further time as the Council may in any case allow, give notice of it to the Council in the specified form. (Amended 17 of 2012 s. 17)
(3) Not later than 14 days, or such further time as the Council may in any case allow, after the completion of any construction operations, or of a stage of any construction operations (if the construction operations are undertaken or carried out in stages), the contractor undertaking the construction operations, and the authorized person appointed in respect of the construction operations, shall each give notice of such completion to the Council in the specified form. (Amended 17 of 2012 s. 17)
(4) Except in the case of a term contract, subsections (1) and (3) shall not apply in respect of any construction operations if it is reasonably estimated that the total value of such operations does not exceed the amount prescribed under section 23(4)(b).
(5) Every notice under subsection (1), (2) or (3) shall state the value of the construction operations or the stage of the construction operations—
(a) in respect of which payment was made; or
(b) which have or has been completed,
as the case may be.
(6) A contractor or authorized person complies with subsection (1), (2) or (3) if the contractor or authorized person has given a notice to the Council under section 35 or 36 of the Construction Industry Council Ordinance (Cap. 587) in respect of the relevant payment or completion. (Replaced 17 of 2012 s. 17)
(7) Every contractor or authorized person who, without reasonable excuse, fails to give a notice when required to do so by subsection (1), (2) or (3) commits an offence and is liable on conviction to a fine at level 3.

### Construction Workers Registration Ordinance 《建造業工人註冊條例》

27. Payment of levy
(1) The amount of levy or surcharge specified in a notice given to a contractor under section 26(9) shall be paid by the contractor to the Council within 28 days after the receipt by him of the notice. (Amended 17 of 2012 s. 43)
(2) If the amount of 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% of the amount unpaid.
(3) If the amount of levy or surcharge including any penalty payable under subsection (2) 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% of the amount unpaid.
(4) The Council may remit all or part of any levy or surcharge payable under subsection (1), or any penalty or further penalty payable under subsection (2) or (3), 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 repaid. (Amended 17 of 2012 s. 43)
(5) Payment shall be made in accordance with subsections (1), (2) and (3) notwithstanding that the contractor may wish to object to the levy assessed or surcharge imposed under section 26.

28. Recovery of levy
(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 Council. (Amended 17 of 2012 s. 43)
(2) An action under subsection (1) may be brought in the District Court notwithstanding that the amount due exceeds the civil jurisdiction of the Court as may from time to time be determined under the District Court Ordinance (Cap. 336).
(3) Where an amount due under subsection (1) is within the jurisdiction of the Small Claims Tribunal established under the Small Claims Tribunal Ordinance (Cap. 338), an action may be brought in that Tribunal to recover that amount.

28A. Use of levy
(1) A levy received or recovered by the Council under this Part becomes part of the funds and property of the Council under section 21 of the Construction Industry Council Ordinance (Cap. 587).
(2) The levy may be used by the Council for any of its purposes.
(Added 22 of 2014 s. 14)

### Construction Workers Registration Ordinance 《建造業工人註冊條例》

29. Objection
(1) Any person who is notified under section 26(9) of an assessment of levy, or imposition of surcharge, may, by notice in writing served on the Council within 21 days after the receipt by him of the notice, object to the levy or surcharge. (Amended 17 of 2012 s. 19)
(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) The Council is to deal with the objection in accordance with section 56 of the Construction Industry Council Ordinance (Cap. 587). (Replaced 17 of 2012 s. 19)
(4) (Repealed 17 of 2012 s. 19)