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To provide for the establishment, functions and management of the Construction Industry Training Authority, for a levy to be paid by contractors in respect of construction operations, and for connected purposes. (Replaced 73 of 1999 s. 2. Amended 3 of 2004 s. 2) [5 September 1975] L.N. 215 of 1975 (Originally 53 of 1975) Cap 317 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Industrial Training (Construction Industry) Ordinance. Cap 317 s 2 Interpretation and application (1) In this Ordinance, unless the context otherwise requires- "Authority" (训练局) means the Construction Industry Training Authority established by section 4; "authorized person" (获授权人) means- (a) in relation to construction operations not carried out for the Crown- (Amended 3 of 2004 s. 3) (i) the authorized person appointed under section 4 of the Buildings Ordinance (Cap 123); or (ii) if no such authorized person has been appointed, the person appointed under section 34(2); (Amended 3 of 2004 s. 3)(b) in relation to construction works operations carried out for the Crown, the person appointed under section 34(1); (Amended 3 of 2004 s. 3) (c) (Repealed 3 of 2004 s. 3)"building" (建筑物) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); (Added 3 of 2004 s. 3) "building works" (建筑工程) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); "chairman" (主席) means the chairman of the Authority appointed under section 8; "construction contract" (建造合约) means a contract between an employer and a contractor under which the contractor carries out construction operations, but does not include a contract of employment; (Added 3 of 2004 s. 3) "construction industry" (建造业) means the industry in which construction operations are carried out; (Amended 3 of 2004 s. 3) "construction operations" (建造工程), subject to section 3A, has the meaning assigned to it in Schedule 1; (Added 3 of 2004 s. 3) "contract of employment" (雇佣合约) has the meaning assigned to it in section 2(1) of the Employment Ordinance (Cap 57); (Added 3 of 2004 s. 3) "contractor" (承建商) means- (a) in relation to construction operations not carried out for the Crown- (Amended 3 of 2004 s. 3) (i) the person appointed as contractor under section 9 of the Buildings Ordinance (Cap 123); or (ii) if no such person has been appointed, the person carrying out the construction operations; (Amended 3 of 2004 s. 3)(b) in relation to operations carried out for the Crown, the person carrying out the construction operations, (Amended 3 of 2004 s. 3)whether the construction operations are carried out under a contract or otherwise; (Amended 3 of 2004 s. 3) (c) (Repealed 3 of 2004 s. 3)"employer" (雇主) means a person for whom construction operations are carried out by a contractor, whether under a contract or otherwise; (Replaced 3 of 2004 s. 3) "financial year" (财政年度) means the period fixed by the Authority under section 15(2); "further penalty" (另加罚款) means the further penalty payable under section 27(1B); (Added 7 of 1981 s. 2) "levy" (征款) means the construction industry levy imposed under section 21; (Amended 73 of 1999 s. 3; 3 of 2004 s. 3) "member" (委员) means a member of the Authority appointed under section 7; "penalty" (罚款) means the penalty payable under section 27(1A); (Added 7 of 1981 s. 2) "specified amount" (指明数额) means the amount specified in Part 2 of Schedule 2; (Added 3 of 2004 s. 3) "specified rate" (指明征款率) means the rate of levy specified in Part 1 of Schedule 2; (Added 3 of 2004 s. 3) "street" (街道) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); "street works" (街道工程) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); "surcharge" (附加费) means the surcharge under section 26(7); "term contract" (固定期合约) means a construction contract- (a) that provides for completion of all construction operations to which the contract relates within a specified period (whether or not such period may be subsequently varied by agreement); and (b) under which a contractor carries out construction operations as required by the employer concerned by any notice from time to time issued within the specified period by or on behalf of the employer to the contractor under the contract; (Added 3 of 2004 s. 3)"total value" (总价值), in relation to construction operations, has the meaning assigned to it in section 2B; (Added 3 of 2004 s. 3) "trade union" (职工会) means a trade union registered under the Trade Unions Ordinance (Cap 332); "value" (价值), in relation to construction operations, has the meaning assigned to it in section 2A; (Replaced 3 of 2004 s. 3) "works order" (施工通知) means a notice- (a) issued by or on behalf of an employer to a contractor under a term contract; and |