【法规名称】
【法规编号】 82135 什么是编号？
【正 文】
第2页 CAP 317 INDUSTRIAL TRAINING (CONSTRUCTION INDUSTRY) ORDINANCE
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[接上页] (b) by which the employer requires construction operations to be carried out by the contractor. (Added 3 of 2004 s. 3)(2) For the purposes of this Ordinance- (a) where a person carries out any construction operations for any other person under a contract of employment, the construction operations shall be regarded as carried out by- (i) subject to subparagraph (ii), that other person; or (ii) where the first-mentioned person is a contractor by virtue of paragraph (a)(i) of the definition of "contractor", the first-mentioned person;(b) where a person carries out any construction operations for himself without arrangement (except under a contract of employment) for the carrying out of such operations by any other person, the first-mentioned person shall, apart from being the person who carries out the construction operations, also be regarded as the person for whom such operations are carried out,and the definitions of "contractor" and "employer" and the other provisions of this Ordinance shall be construed accordingly. (Replaced 3 of 2004 s. 3) (3) For the purposes of this Ordinance, a person shall be regarded as undertaking or carrying out construction operations if- (a) he manages, or arranges for, the carrying out of the construction operations by any other person for the employer concerned, whether by way of sub-contracting or otherwise; or (b) he provides his own labour or that of any other person for the carrying out of the construction operations. (Replaced 3 of 2004 s. 3)(4)-(5) (Repealed 3 of 2004 s. 3) Cap 317 s 2A Value of construction operations (1) For the purposes of this Ordinance, "value" (价值), in relation to construction operations,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 Authority 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- (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 Authority considers reasonable; (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 Authority considers appropriate. (Added 3 of 2004 s. 4) Cap 317 s 2B Total value of construction operations For the purposes of this Ordinance, "total value" (总价值), 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. (Added 3 of 2004 s. 4) Cap 317 s 3 Ordinance binding on the Crown This Ordinance shall bind the Crown. Cap 317 s 3A Application to construction operations (1) This Ordinance does not apply to 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.(2) This Ordinance does not apply to any construction operations, or any type or description of construction operations, which are or is excluded from the application of this Ordinance by the Chief Executive in Council by order published in the Gazette. |
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