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【法规名称】 
【法规编号】 82135  什么是编号?
【正  文】

第3页 CAP 317 INDUSTRIAL TRAINING (CONSTRUCTION INDUSTRY) ORDINANCE

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  (3) Without limiting the generality of subsection (2), 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 Ordinance.
  
  (4) In this section-
  
  (a) "domestic premises" (住用处所) means premises used or intended to be used solely or principally for residential purposes and constituting a separate household unit;
  
  (b) a person shall be regarded as a person who occupies a domestic premises if he intends to occupy the premises.
  
  (Added 3 of 2004 s. 5)
  
  Cap 317 s 4 Establishment of Construction Industry Training Authority
  
  PART II
  
  CONSTRUCTION INDUSTRY TRAINING AUTHORITY
  
  (1) There is hereby established an authority, to be known as the Construction Industry Training Authority, which shall in that name be a body corporate with perpetual succession and shall be capable of suing and being sued.
  
  (2) The Authority shall have a common seal, the affixing of which shall be authenticated by the signature of any 2 members.
  
  (3) Any document purporting to be a document duly executed under the seal of the Authority shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed.
  
  Cap 317 s 5 Functions of the Authority
  
  The Authority shall have the following functions-
  
  (a) to provide training courses for the construction industry;
  
  (b) to establish and maintain industrial training centres therefor;
  
  (c) to assist, including to assist by way of financial provision, in the placement of persons completing training courses; (Amended 73 of 1999 s. 4)
  
  (d) to make recommendations with respect to the rate of levy; (Amended 73 of 1999 s. 4)
  
  (e) to assess the standards of skills achieved by anyone in any kind of work involving or in connection with the construction industry, conduct examinations or tests, issue or award certificate of competence and establish the standards to be achieved in respect of such work. (Added 73 of 1999 s. 4)___________________________________________________________________
  
  Note:
  
  Section 5 was amended by section 4 of the Industrial Training (Construction Industry) (Amendment) Ordinance 1999 (73 of 1999). Section 7 of that Ordinance provides as follows:
  
  "7. Validation
  
  (1) Every act or thing done by the Authority for or in connection with the assessment of the standards of skills achieved by anyone in any kind of work involving or in connection with the construction industry including, without limitation, the conduct of examinations or tests, the issue or award of certificates of competence and the establishment of the standards to be achieved in respect of any such work that would have been lawful if section 5(e) of the principal Ordinance, as added by section 4 of this Ordinance, had been in force at the time when it was done is validated and declared to have been lawfully done by the Authority.
  
  (2) The expenditure by the Authority of any sum by way of financial provision to assist in the placement of persons completing training courses that would have been lawful if section 5(e) of the principal Ordinance, as amended by section 4 of this Ordinance, had been in force at the time when it was expended is validated and declared to have been lawfully expended by the Authority.".
  
  Cap 317 s 6 General powers of the Authority
  
  (1) The Authority may do all such things as are necessary for, or incidental or conducive to, the better carrying out of the functions of the Authority and may in particular, but without prejudice to the generality of the foregoing-
  
  (a) hold, acquire or lease all kinds of property, whether movable or immovable;
  
  (b) subject to subsection (2), sell or otherwise dispose of all kinds of property whether movable or immovable;
  
  (c) enter into, assign or accept the assignment of, and vary or rescind any contract or obligation;
  
  (d) subject to subsection (3), meet expenditure on any item shown in the approved estimates of expenditure of the Authority, borrow or otherwise raise money on such security as may be necessary, and for that purpose, charge all or any of the property of the Authority;
  
  (e) make charges for the use of any facility or service provided by the Authority; (Amended 3 of 2004 s. 6)
  
  (f) engage the services of other bodies to perform any of its functions under section 5(a) and (e). (Added 3 of 2004 s. 6)(2) The Authority shall not sell or otherwise dispose of land granted at nil premium by the Government except with the prior approval of the Chief Executive. (Amended 3 of 2004 s. 37)
  
  (3) Except with the prior approval of the Financial Secretary, no sum shall be borrowed or otherwise raised under subsection (1)(d) which itself, or together with all other sums previously borrowed or otherwise raised under that subsection and still outstanding, exceeds, or in the aggregate exceeds, 10 per cent of the approved total estimated expenditure for the current financial year.
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