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

53. Total value of construction operations
(1) For the purposes of this Ordinance, total value (總價值), in relation to construction operations carried out under a construction contract, means—
(a) if the contract is a term contract under which works orders are issued, the aggregate of the values of all construction operations carried out as required by those works orders;
(b) if the contract is not a term contract described in paragraph (a), but a contract under which the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the values of all stages of the construction operations so carried out; and
(c) in any other case, the value of the construction operations.

(2) For the purposes of this Ordinance, total value (總價值), in relation to construction operations that are not carried out under a construction contract, means—
(a) if the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the values of all stages of the construction operations so carried out; and
(b) in any other case, the value of the construction operations.

54. Establishment of Objections Board
(Amended 17 of 2012 s. 57)(1) The Council is to establish a board consisting of 3 members of the Council for the purpose of determining objections made under section 29 of the Construction Workers Registration Ordinance (Cap. 583) or section 55. (Replaced 17 of 2012 s. 57)
(2) The Objections Board may do all such things as are necessary for, or incidental or conducive to, the performance of the function mentioned in subsection (1).
(3) The Council may authorize the Objections Board to appoint a subcommittee for the better performance of the Objections Board’s function.
(4) The Objections Board may determine its own procedures.
(Amended 17 of 2012 s. 57)

55. Objections to levy or surcharge
(1) A person who is notified under section 33 or 41 may object to the levy or surcharge.
(2) The objection shall be made by a notice in writing (notice of objection

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

56. Decision of Objections Board
(Amended 17 of 2012 s. 58)(1) The Council shall refer every objection made under section 29 of the Construction Workers Registration Ordinance (Cap. 583) or section 55 to the Objections Board for consideration.
(2) The Objections Board may confirm, cancel or reduce the levy or surcharge and shall inform the Council of its decision.
(3) The Council shall notify the objector in writing of the decision of the Objections Board within 28 days after the Council receives the notice of objection or, where that is not practicable, within a reasonable period.
(4) If a levy or surcharge is cancelled or reduced under this section, the Council shall forthwith refund to the objector the amount of the levy or any amount, including any amount of the penalty or further penalty, that has been paid in excess (as the case may be).
(Amended 17 of 2012 s. 58)

57. Appeals against decision of Objections Board
(Amended 17 of 2012 s. 59)(1) An objector who is aggrieved by a decision of the Objections Board may appeal to the District Court against that decision. (Amended 17 of 2012 s. 59)
(2) An appeal shall be lodged within 30 days after the objector receives the notification of the decision.
(3) An appeal may not be heard unless the amount of the levy or surcharge which is the subject of the appeal, including the amount of any penalty or further penalty, has been paid.
(4) On hearing an appeal, the District Court may confirm, cancel or reduce the levy or surcharge and make any order as to costs as it thinks fit.
(5) If the District Court cancels or reduces a levy or surcharge, it may order the repayment of the cancelled or reduced amount, and any amount of the penalty or further penalty that has been paid.
(6) The District Court may order repayment with interest, at a rate determined by the Court, calculated from the date of payment to the Council, or without interest.

58. Rules of court
The District Court Rules Committee established under section 17 of the District Court Ordinance (Cap. 336) may make rules of court for the purposes of section 57.

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

59. Provision of information
(1) An employer, a contractor or an authorized person concerned in any construction operations shall give the Council or an officer authorized by the Council, within a time and in a form specified by the Council or the officer, any information of a kind described in subsection (2) that the Council or the officer may require for the purposes of performing its or his functions under this Ordinance.
(2) The information referred to in subsection (1) is—
(a) information relating to the construction operations that the employer, contractor or authorized person (as the case may be) is concerned in, including information on any amount paid or payable in respect of the construction operations or any work connected with the construction operations;
(b) the name and address of the person for whom the construction operations are carried out; and
(c) the name and address of the person by whom the construction operations are carried out.
(3) A person who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable on conviction to a fine at level 1.

60. Production of documents, etc.
(1) An employer, a contractor or an authorized person concerned in any construction operations shall produce or cause to be produced for inspection by the Council or an officer authorized by the Council, any document or record in his possession that relates to the construction operations that the employer, contractor or authorized person (as the case may be) is concerned in, including a document or record relating to any amount paid or payable in respect of the construction operations or any work connected with the construction operations, if required by the Council or the officer for the purposes of performing its or his functions under this Ordinance.
(2) If required by the Council or an officer authorized by the Council for the purposes referred to in subsection (1), the employer, contractor or authorized person shall permit the Council or the officer to make a copy of such a document or record or make any extract from it, or to remove it for a reasonable period.
(3) A person who, without reasonable excuse, fails to comply with subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 1.