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

32. Offences: Part 5
(1) A 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 on conviction to a fine at level 3 or 3 times the amount of levy that was or was intended to be evaded by his conduct, whichever is the greater.
(2) A person who—
(a) with intent to deceive, produces, supplies, sends or otherwise uses, for the purposes of this Part, any document or record that is false in a material particular; or
(b) in providing any information for the purposes of this Part, makes any statement which he knows to be false in a material particular or recklessly makes a statement that is false in a material particular,
commits an offence and is liable on conviction to a fine at level 3 or 3 times the amount of levy that was or was intended to be evaded by his conduct, whichever is the greater.

33. Levy inspector
The Council may, subject to the approval of the Secretary, appoint in writing a person to be a levy inspector for the purposes of this Part.

(Amended 17 of 2012 s. 43)

34. Evidence by certificate, etc.
A certificate purporting to be signed by a levy inspector—
(a) that any notice required by or under this Part has or has not been given or has or has not been given on any date; or
(b) that any amount of levy, surcharge, penalty or further penalty due under this Part has not been paid,
shall be sufficient evidence of that fact until the contrary is proved.

35. Authentication, and production in evidence of documents
(1) A notice or document given or issued by the Council for the purposes of this Part may be signed by a levy inspector.
(2) A document purporting to be a notice or document given or issued by the Council for the purposes of this Part and purporting to be signed by a levy inspector shall be received in evidence and shall until the contrary is proved be deemed to be such a notice or document.

(Amended 17 of 2012 s. 43)

36. Appointment of Registrar
(1) The Council shall, subject to the approval of the Secretary, appoint a person to be the Registrar of Construction Workers on such terms as the Council thinks fit. (Amended 17 of 2012 s. 43)
(2) An appointment under subsection (1) shall be notified in the Gazette.

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

37. Functions and powers of Registrar
(1) The Registrar shall—
(a) establish and maintain a Register of Construction Workers;
(b) examine, assess and verify the qualifications of applicants for registration or renewal of registration;
(c) receive and examine applications for registration or renewal of registration, and accept or reject those applications;
(d) collect from applicants for registration or renewal of registration, or for replacement registration cards, the prescribed fees in relation to the application and hand over to the Council the fees so collected;
(e) maintain a database of information relating to registered construction workers;
(f) collect the copy of record furnished to the Registrar under section 58(7)(b) and if directed to do so by the Council, either generally or in a particular case, provide to a public body the information contained in those records; and
(g) perform such other functions as are imposed on the Registrar under this Ordinance or any other enactment.
(2) The Council shall not direct the Registrar to provide to a public body any of the information referred to in subsection (1)(f) unless the information is— (Amended 17 of 2012 s. 22)
(a) to be used in relation to the enforcement of any law; or
(b) in the form of a summary that is so framed as not to enable particulars relating to any particular registered construction worker to be ascertained from it.
(3) The Registrar may do all such things as are necessary for, or incidental or conducive to, the performance of the Registrar’s functions and may exercise such powers as are conferred on the Registrar under this Ordinance or any other enactment.
(Amended 17 of 2012 s. 22)

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

38. Register of Construction Workers
(1) An entry in the Register of a person as a registered construction worker shall show—
(a) the name of the person;
(b) the registration number of the person;
(c) the date of registration;
(d) the date on which the registration expires;
(e) whether the person is registered as—
(i) a registered skilled worker for a designated trade division;
(ii) a registered skilled worker (provisional) for a designated trade division;
(iii) a registered semi-skilled worker for a designated trade division;
(iv) a registered semi-skilled worker (provisional) for a designated trade division; or
(v) a registered general worker; (Amended 22 of 2014 s. 15)
(f) unless the person is registered as a registered general worker, the designated trade division for which the person is registered; and (Amended 22 of 2014 s. 15)
(g) a remark to be entered under section 49(4)(b) in relation to the person.
(2) For the purpose of enabling a member of the public—
(a) to ascertain whether a person is a registered construction worker; and
(b) if that person is a registered construction worker, to ascertain the particulars of the registration of that person,
the Register shall be available to any person for inspection free of charge at the office of the Registrar at such reasonable times as the Registrar may specify.
(3) A person whose name is entered in the Register shall notify in writing the Registrar of any change in his name or address within one month of the change.
(4) A person who, without reasonable excuse, contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 1.
(5) A person who, without lawful authority—
(a) obliterates, defaces or otherwise alters an existing entry in the Register; or
(b) adds a new entry in the Register,
commits an offence and is liable to a fine at level 3.

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

39. Application for registration
(1) A person may apply to the Registrar for registration as—
(a) a registered skilled worker for one or more designated trade divisions; (Replaced 22 of 2014 s. 16)
*(b) (Omitted as expired—E.R. 3 of 2021)(c) a registered semi-skilled worker for one or more designated trade divisions; (Replaced 22 of 2014 s. 16)
*(d) (Omitted as expired—E.R. 3 of 2021)(e) a registered general worker.
(2) An application under subsection (1) shall be—
(a) in the specified form; and
(b) accompanied by the prescribed fee.
(3) Paragraphs (b) and (d) of subsection (1) each expires on a day or days to be appointed by the Secretary by notice published in the Gazette.

Editorial Note:
* Section 39(1)(b) and (d) expires on 1 July 2019 (see L.N. 79 of 2018).