### Pneumoconiosis and Mesothelioma (Compensation) Ordinance 《肺塵埃沉着病及間皮瘤(補償)條例》

37. Payment of levy and surcharge
(1) The amount of levy, or of any surcharge that may be imposed in such circumstances as may be prescribed, shall be paid by the contractor or quarry operator, as the case may be, to the Board within such time as may be prescribed.
(1A) If the amount of the levy or surcharge is not fully paid within such time as may be prescribed under subsection (1) the contractor or quarry operator, as the case may be, shall be liable to pay, in addition, a penalty of 5 per cent of the amount unpaid. (Added 1 of 1983 s. 4. Amended 12 of 2006 s. 84)
(1B) If the amount of the levy or surcharge including any penalty payable under subsection (1A) is not fully paid within 3 months after the expiry of such period as may be prescribed under subsection (1) the contractor or quarry operator, as the case may be, shall be liable to pay, in addition, a further penalty of $1,000 or 5% of the amount unpaid, whichever is the greater. (Added 1 of 1983 s. 4. Amended 54 of 1993 s. 32; 12 of 2006 s. 84)
(1C) The Board may waive or refund the whole or any part of a levy, surcharge, penalty or further penalty if it considers it fair and reasonable to do so in the special circumstances of a particular case. (Replaced 12 of 2006 s. 84)
(1D) If an amount waived under subsection (1C) has already been paid to the Board, the Board shall refund it. (Added 12 of 2006 s. 84)
(1E) If, in respect of any construction operations, the Board receives more than the proper amount of the levy due to more than one contractor paying the whole or part of amount due, the Board shall refund the excess to the contractor entitled to the refund. (Added 12 of 2006 s. 84)
(2) Payment shall be made in accordance with subsections (1), (1A) and (1B) notwithstanding that the contractor or quarry operator may wish to make an objection under the Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations (Cap. 360 sub. leg. A). (Amended 1 of 1983 s. 4; 12 of 2006 s. 84; 6 of 2008 s. 24)

### Pneumoconiosis and Mesothelioma (Compensation) Ordinance 《肺塵埃沉着病及間皮瘤(補償)條例》

38. 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 Board. (Amended 1 of 1983 s. 5)
(2) An action under subsection (1) may be brought in the 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 under that subsection may be brought in that Tribunal. (Added 54 of 1993 s. 33)

39. Evasion of payment of levy
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, commits an offence and is liable to a fine at level 3 or 20 times the amount of levy that was or was intended to be evaded by his conduct, whichever is the greater.
(Amended 54 of 1993 s. 34; E.R. 5 of 2021)

39A. Application to certain construction operations
(1) This Ordinance does not apply to construction operations that are carried out both—
(a) for a person who occupies a domestic unit or part of a domestic unit; and
(b) for the sole or principal purpose of decorating, altering, repairing, maintaining or renovating the unit or any part of the unit.
(2) In this section, domestic unit (住用單位) means any premises used or intended to be used solely or principally for residential purposes and constituting a separate household unit.
(3) For the purposes of this section, a person is regarded as a person who occupies a domestic unit if he intends to occupy the unit.
(Added 12 of 2006 s. 84)

39B. Power of Chief Executive in Council to exclude certain construction operations from application of this Ordinance
(1) The Chief Executive in Council may, by order published in the Gazette, exclude any construction operations from the application of this Ordinance.
(2) An order under subsection (1) may exclude particular construction operations or a type or description of construction operations.
(3) An order under subsection (1) may specify the circumstances in which or the purposes for which the exclusion applies.
(Added 12 of 2006 s. 84)

### Pneumoconiosis and Mesothelioma (Compensation) Ordinance 《肺塵埃沉着病及間皮瘤(補償)條例》

39C. Value of construction operations
(1) In relation to any construction operations, the value of the construction operations is—
(a) if the construction operations are the subject of a construction contract—
(i) the consideration attributable to the construction operations, that is stated in the contract; or
(ii) the consideration attributable to the construction operations, that is ascertainable by reference to the contract; or
(b) in any other case, the reasonable consideration to be expected in the open market for the carrying out of the construction operations.
(2) Notwithstanding subsection (1)(a), if the consideration attributable to any construction operations as determined in accordance with that subsection is below the reasonable consideration to be expected in the open market for the carrying out of the construction operations, the consideration of the construction operations is to be the reasonable consideration referred to in subsection (1)(b).
(3) For the purposes of this section, the Board may, in a particular case, have regard to any or all of the following matters when ascertaining the reasonable consideration to be expected in the open market for the carrying out of the construction operations concerned—
(a) the cost or value of materials used in the construction operations;
(b) the cost or value of time, work and labour involved in the construction operations;
(c) the equipment used in the construction operations;
(d) such overhead costs incurred in relation to the construction operations as the Board considers reasonable;
(e) the reasonable profit to be expected in the open market for the carrying out of the construction operations;
(f) any other factors that the Board considers appropriate.

39D. 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.