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

70. Power to amend Schedule 5
(1) The Legislative Council may by resolution amend Schedule 5.
(2) Any amendment to Schedule 5 shall come into effect on the expiry of the specified period.
(3) Despite the coming into effect of any amendment made under subsection (1), Schedule 5 as it was before such amendment continues to apply to the construction operations to which this subsection applies.
(4) Subsection (3) applies to the following construction operations—
(a) construction operations the tender for which had been submitted to the employer before the expiry of the specified period;
(b) other construction operations carried out under a construction contract, if the contract had been entered into before the expiry of the specified period or the construction operations had commenced before the expiry of that period; and
(c) construction operations other than those referred to in paragraphs (a) and (b), that had commenced before the expiry of the specified period.
(5) In this section, specified period (指明期間), in relation to a particular amendment made under subsection (1), means the period of 30 days after the publication in the Gazette of that amendment.

71. Repeal
(1) (Omitted as spent—E.R. 1 of 2013)(2) The CITA is dissolved.

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

73. Completion of acts already commenced
Anything which immediately before the appointed day is in the process of being done by or in relation to the CITA may be carried on or completed by the Council in accordance with the provisions of 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.

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

75. Legal claims and pending legal proceedings, etc.
(1) Legal claims (whether present or future, actual or contingent) by or against the CITA, including any accrued right of appeal, judicial and administrative proceedings instituted by or against the CITA, that existed immediately before the appointed day do not abate by reason of the repeal under section 71 and may be continued or enforced by or against the Council.
(2) Where immediately before the appointed day, any legal proceedings to which the CITA is a party are pending, the Council is to, as from that day, be substituted as a party to those proceedings in place of the CITA.

76. Effect of existing agreement, etc.
(1) Any agreement, arrangement, contract made or entered into or other transaction effected or other thing done by, to or in relation to the CITA that is in force or effective immediately before the appointed day or which is to take effect on or after that day has effect as if made, entered into, effected or done by, to or in relation to the Council.
(2) Without affecting the generality of subsection (1), any lease, tenancy, permit or licence granted to the CITA that is in force or effective immediately before the appointed day or which is to take effect on or after that day has effect as if granted to the Council.

77. References to CITA
As from the appointed day, the references to the CITA in the following are to be taken as references to the Council—
(a) any agreement, contract or other instrument;
(b) any process or other document issued, prepared or employed for the purposes of any proceedings before a court, tribunal or similar body; and
(c) any other document (other than an enactment) relating to or affecting any property, right, liability or obligation of the CITA vested in the Council under section 72.

78. Delivery of books, etc.
All books, accounts, minutes and other documents and equipment belonging to the CITA and in its control immediately before the appointed day shall be delivered to the Council on that day by the person who has the care and custody of those documents or equipment on the commencement of that day.

79. Record of property
Any property of the CITA which, immediately before the appointed day, was standing in the books of a bank, company or other corporation is to be transferred in those books to the Council at the request of the Council, by the bank, company or other corporation.

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

80. Continuance of employment
(1) The employment of an employee of the CITA is not to be terminated by reason of the dissolution of the CITA.
(2) As from the appointed day, a person who, immediately before that day, is an employee of the CITA under a valid contract of employment and who, if not for the dissolution, would have been its employee under the contract on that day, becomes an employee of the Council on the same terms and conditions that applied immediately before that day to his employment with the CITA.
(3) There is no break or interruption in the employment of a person referred to in subsection (2) by reason of the commencement of this Part.
(4) This section applies notwithstanding sections 17 and 18.

81. Submission of reports on activities of CITA
(1) Within 6 months after the appointed day, the Council shall submit to the Secretary—
(a) a report on the activities of the CITA during the specified period;
(b) a copy of the statement of accounts of the CITA in respect of that period; and
(c) the auditor’s report on the statement of accounts.
(2) The Secretary shall cause the documents received under subsection (1) to be laid on the table of the Legislative Council.
(3) The Secretary may extend the period for submitting the documents under subsection (1).
(4) In this section—
repealed Ordinance (被廢除條例) means the Industrial Training (Construction Industry) Ordinance (Cap. 317);
specified period (指明期間) means the period beginning on the day next following the end of the last financial year of the CITA in respect of which reports and statements had been submitted under section 20 of the repealed Ordinance and ending on the day immediately before the appointed day;
statement of accounts (帳目表) includes an income and expenditure account and a balance sheet.

82. Council to appoint auditor for purposes of section 81
(1) The Council shall appoint an auditor for the purposes of section 81.
(2) The auditor appointed under subsection (1) shall—
(a) audit the statement of accounts referred to in section 81; and
(b) submit a report on it to the Council.
(3) The auditor is entitled to—
(a) have access to all books of account, vouchers and other financial records of the CITA that are in the Council’s control; and
(b) require such information and explanations of those books, vouchers and records as he thinks fit.