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

63B. Code of practice
(1) The Council may issue a code of practice that provides practical guidance for any requirement under this Ordinance or any subsidiary legislation made under this Ordinance.
(2) If a code of practice is issued under subsection (1), the Council must by notice published on the Council website—
(a) publish the code;
(b) specify the date on which the code is to take effect; and
(c) specify the purposes for which the code is issued.
(3) The Council may amend the code.
(4) If the code is amended, the Council must by notice published on the Council website—
(a) publish the amendment;
(b) specify the date on which the amendment is to take effect; and
(c) specify the purposes for which the code is amended.
(Added 22 of 2014 s. 33)

63C. Use of code of practice in legal proceedings
(1) A failure by a person to observe a provision of a code of practice does not of itself make the person liable to any civil or criminal proceedings.
(2) However, if in any legal proceedings the court is satisfied that a code of practice or a part of it is relevant to determining a matter that is in issue in the proceedings—
(a) the code or part is admissible in evidence in the proceedings; and
(b) proof that the person observed or did not observe a relevant provision of the code may be relied on by a party to the proceedings as tending to establish or negate that matter.
(3) In this section—
court (法庭) means—
(a) an appeal board;
(b) a review board;
(c) a court as defined by section 3 of the Interpretation and General Clauses Ordinance (Cap. 1); or
(d) a magistrate;

legal proceedings (法律程序) includes—
(a) the proceedings of a review board; and
(b) the proceedings of an appeal board.

(Added 22 of 2014 s. 33)

64A. Privileges and immunities of members of Appeal Board, etc.
(1) A member of an Appeal Board has, in the performance of the member’s functions or exercise of the member’s powers under this Ordinance, the same privileges and immunities as a judge of the Court of First Instance in civil proceedings in that Court.
(2) Any person who appears before an Appeal Board, including a party to a hearing and any representative of the party, is entitled to the same privileges and immunities as the person would have in civil proceedings in the Court of First Instance.
(Added 17 of 2012 s. 39)

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

65. Amendment of Schedules
(1) The Secretary may, by notice published in the Gazette, amend Schedule 1, 1A, 2, 3 or 4. (Amended 22 of 2014 s. 34)
(2) A notice published under this section may contain any incidental, supplementary, consequential, transitional or saving provision that may be necessary or expedient due to the notice. (Added 22 of 2014 s. 34)

65A. Transitional provisions in relation to certain construction operations
(1)  The amendments to section 2 and Part 5 of this Ordinance as effected by sections 29 to 34 of Schedule 6 to the Construction Industry Council Ordinance (Cap. 587) (the amendments) do not apply to the following construction operations—
(a) construction operations the tender for which had been submitted to the employer before the commencement day;
(b) other construction operations carried out under a construction contract, if the contract had been entered into before the commencement day or the construction operations had commenced before the commencement day; and
(c) construction operations other than those referred to in paragraphs (a) and (b), that had commenced before the commencement day.

(2) The pre-amended Ordinance continues to apply to the construction operations referred to in subsection (1).
(3) In this section—
*commencement day (生效日期) means the day on which sections 29 to 34 of Schedule 6 to the Construction Industry Council Ordinance (Cap. 587) come into operation;
pre-amended Ordinance (修訂前的本條例) means this Ordinance as in force immediately before the commencement of the amendments.
(Added 12 of 2006 s. 84) Editorial Note:
* Commencement date: 1 January 2008.

70. Interpretation of this Part
In this Part—
Amendment Ordinance 2012 (《2012年修訂條例》) means the Construction Industry Legislation (Miscellaneous Amendments) Ordinance 2012 (17 of 2012);
Authority (管理局) means the Construction Workers Registration Authority established by section 7(1) of the pre-amended Ordinance;
*commencement date (生效日期) means the date appointed for the commencement of section 40 of the Amendment Ordinance 2012 under section 1 of that Ordinance;
pre-amended Ordinance (修訂前的本條例) means the Construction Workers Registration Ordinance (Cap. 583) as in force immediately before the commencement date.

Editorial Note:
* Commencement date: 1 January 2013.

71. Dissolution of Authority
The Authority is dissolved by this section.

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

72. Vesting of rights, etc. of Authority in Council and saving of validity of Authority’s acts
(1) All rights, assets, liabilities and obligations of the Authority are to be vested in the Council as from the commencement date.
(2) Nothing in this Part affects the validity of anything done by or in relation to the Authority before the commencement date.
(3) The Stamp Duty Ordinance (Cap. 117) does not apply to any vesting effected by this section.

73. Completion of acts started before commencement date
(1) Anything which immediately before the commencement date is in the process of being done by or in relation to the Authority may be carried on or completed by, or in relation to, the Council in accordance with this Ordinance.
(2) Without limiting subsection (1), if a notice of objection was served on the Authority under section 29(1) of the pre-amended Ordinance and the Authority had not made a decision in respect of the objection under section 29(3) of that Ordinance before the commencement date, the Council is to deal with the objection in accordance with section 29 of this Ordinance.
(3) Without limiting subsection (1), if a notice of appeal was served on the Authority under section 52(1) or (3) of the pre-amended Ordinance and the Authority had not forwarded a copy of the notice to the Secretary under section 52(6) of that Ordinance before the commencement date, the Council is to deal with the notice in accordance with section 52 of this Ordinance.
(4) Anything which immediately before the commencement date is in the process of being done by or in relation to the Qualifications Committee established by section 12 of the pre-amended Ordinance may be carried on or completed by, or in relation to, the Qualifications Board in accordance with this Ordinance.
(5) Anything which immediately before the commencement date is in the process of being done by or in relation to the Review Committee established by section 14 of the pre-amended Ordinance may be carried on or completed by, or in relation to, the Review Board in accordance with this Ordinance.

74. Rights of action
(1) The Council may be sued for the liabilities or obligations to which it is subject under section 72 and they may be recovered from the Council.
(2) The Council may sue on, recover or enforce a chose in action vested in it under section 72 without having to give notice of the vesting to a person bound by the chose in action.