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

20. Value of construction operations
(1) For the purposes of this Part, value (價值), in relation to construction operations, means—
(a) where the construction operations are carried out under a construction contract, the consideration attributable to such operations, as stated in, or ascertainable by reference to, the contract; or
(b) where the construction operations are not carried out under a construction contract, the reasonable consideration to be expected on the open market in respect of the carrying out of such operations.

(2) Notwithstanding subsection (1)(a), if in a particular case the consideration attributable to the construction operations concerned as determined in accordance with that subsection is below the reasonable consideration to be expected on the open market in respect of the carrying out of such operations, that subsection shall be deemed to contain a reference to the reasonable consideration described in this subsection instead of the consideration described in that subsection.
(3) For the purposes of subsections (1)(b) and (2), the Council may, when ascertaining the reasonable consideration as referred to in those subsections in respect of the carrying out of any construction operations, have regard to all or any of the following matters— (Amended 17 of 2012 s. 43)
(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 Council considers reasonable; (Amended 17 of 2012 s. 43)
(e) the reasonable profit to be expected on the open market in respect of the carrying out of the construction operations;
(f) any other factors that the Council considers appropriate. (Amended 17 of 2012 s. 43)

21. Total value of construction operations

For the purposes of this Part, total value (總價值), in relation to construction operations, means—
(a)  where the construction operations are carried out under a construction contract—
(i) in the case the construction contract is a term contract, the aggregate of the respective values of all construction operations carried out as required by works orders issued under the contract;
(ii) in the case the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the respective values of all stages of the operations so carried out; or
(iii) in any other case, the value of the construction operations; or

(b)  where the construction operations are not carried out under a construction contract—
(i) in the case the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the respective values of all stages of the operations so carried out; or
(ii) in any other case, the value of the construction operations.

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

22. Application to construction operations
(1) This Part shall not apply to any construction operations—
(a) the tender for which was submitted before the commencement of this Part; or
(b) that began before that commencement.
(2) This Part shall not apply to any construction operations—
(a) which are carried out for a person who occupies any domestic premises or part of any domestic premises; and
(b) the sole or principal purpose of which is to decorate, alter, repair, maintain or renovate the premises or such part of such premises.
(3) This Part shall not apply to any construction operations, or any type or description of construction operations, which are or is excluded from the application of this Part by the Chief Executive in Council by order published in the Gazette.
(4) Without limiting the generality of subsection (3), an order made under that subsection may specify the circumstances under which or the purposes for which any construction operations, or any type or description of construction operations, referred to in the order are or is to be excluded from the application of this Part.
(5) In this section, a person shall be regarded as a person who occupies a domestic premises if he intends to occupy the premises.

23. Imposition of levy
(1) A levy at the prescribed rate shall be imposed on the value of all construction operations undertaken or carried out in Hong Kong.
(2) Notwithstanding subsection (1), construction operations the total value of which does not exceed the prescribed amount shall not be liable to the levy.
(3) Subject to section 26(10), the levy shall be payable in accordance with this Part by every contractor who carries out the construction operations.
(4) The Secretary may by notice published in the Gazette—
(a) prescribe the rate for the purposes of subsection (1); and
(b) prescribe the amount for the purposes of subsection (2).
(5) Any rate prescribed under subsection (4)(a)—
(a) shall not come into effect before the expiration of 28 days after the last day of the period within which a resolution providing for the amendment of the notice may be passed in accordance with section 34 of the Interpretation and General Clauses Ordinance (Cap. 1); and
(b) shall not apply to any construction operations if, before the date on which the rate comes into effect under paragraph (a)—
(i) the tender for the construction operations has been submitted to the employer concerned;
(ii) no tender for the construction operations has been submitted to the employer concerned, but a construction contract in respect of the construction operations has been entered into; or
(iii) no tender for the construction operations has been submitted to the employer concerned and no construction contract in respect of the construction operations has been entered into, but the construction operations have begun.

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

24. Contractor and authorized person to notify Council when undertaking construction operations
(Amended 17 of 2012 s. 16)(1) Within 14 days after any construction operations have begun or such further time as the Council may in any case allow— (Amended 17 of 2012 s. 16)
(a) the contractor in respect of the construction operations; and
(b) the authorized person appointed in respect of the construction operations,
shall each give notice to the Council in the specified form that he is the contractor in respect of the construction operations or the authorized person appointed in respect of the construction operations, as the case may be. (Amended 17 of 2012 s. 16)
(2) Except in the case of a term contract, subsection (1) 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).
(3) Every notice under subsection (1) shall state the estimated total value of the construction operations.
(4) A contractor or authorized person complies with subsection (1) if the contractor or authorized person has given a notice to the Council under section 34 of the Construction Industry Council Ordinance (Cap. 587) in respect of the construction operations. (Replaced 17 of 2012 s. 16)
(5) Every contractor or authorized person who, without reasonable excuse, fails to give a notice when required to do so by subsection (1) commits an offence and is liable on conviction to a fine at level 1.