【法规名称】
【法规编号】 82135 什么是编号？
【正 文】
第8页 CAP 317 INDUSTRIAL TRAINING (CONSTRUCTION INDUSTRY) ORDINANCE
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[接上页] (Amended 3 of 2004 s. 12) Cap 317 s 27 Payment of levy (1) The amount of levy or surcharge specified in a notice given to a contractor under section 26(8) shall be paid by the contractor to the Authority within 28 days after the receipt by him of the notice. (1A) If the amount of the levy or surcharge is not paid within the period specified in subsection (1) the contractor shall be liable to pay, in addition, a penalty of 5 per cent of the amount unpaid. (Added 7 of 1981 s. 4) (1B) If the amount of the levy or surcharge including any penalty payable under subsection (1A) is not paid within 3 months after the expiry of the period specified in subsection (1) the contractor shall be liable to pay, in addition, a further penalty of 5 per cent of the amount unpaid. (Added 7 of 1981 s. 4) (1C) The Authority may remit all or part of any levy or surcharge payable under subsection (1), or any penalty or further penalty payable under subsection (1A) or (1B) if, in the special circumstances of any case, it thinks it fair and reasonable to do so, and if the amount so remitted has been paid, it shall be refunded. (Added 7 of 1981 s. 4. Amended 3 of 2004 s. 13) (2) Payment shall be made in accordance with subsections (1), (1A) and (1B) notwithstanding that the contractor may wish to object to the levy assessed or surcharge imposed under section 26. (Amended 7 of 1981 s. 4) Cap 317 s 28 Recovery of levy (1) Any amount of levy or surcharge, including the amount of any penalty or further penalty, due and payable under this Ordinance shall be recoverable as a debt due to the Authority. (Amended 7 of 1981 s. 5) (2) An action under subsection (1) may be brought in the District Court notwithstanding that the amount due exceeds the civil jurisdiction of the District Court as may from time to time be determined under the District Court Ordinance (Cap 336). (Amended 3 of 2004 s. 14) Cap 317 s 29 Objection PART V OBJECTIONS AND APPEALS (1) Any person who is notified under section 26(8) of an assessment of levy, or imposition of surcharge may, by notice in writing served on the Authority within 21 days after the receipt of the notice, object to the levy or surcharge. (2) A notice of objection under subsection (1) shall state precisely the grounds of objection and shall be accompanied by all written statements and other documentary evidence relied upon by the objector in support of the objection. (3) An objection under subsection (1) shall be considered by the appropriate committee of the Authority which may confirm, cancel or reduce the levy or surcharge. (4) The Authority shall notify the objector of the decision of the committee under subsection (3) within 28 days after the receipt by the Authority of the notice of objection under subsection (1) and, if a levy or surcharge is cancelled or reduced, any amount which has been paid by the contractor in excess of that found to be due, excluding the amount of any penalty or further penalty which has been paid, shall forthwith be repaid by the Authority to the objector. (Amended 7 of 1981 s. 6) Cap 317 s 30 Appeals (1) An objector who is aggrieved with a decision notified to him under section 29(4) may appeal to the District Court against that decision. (2) An appeal under subsection (1) shall be lodged within 30 days after the receipt of the notification by him. (3) An appeal under this section shall not be heard unless the amount of the levy or surcharge which is the subject-matter of the appeal, including the amount of any penalty or further penalty, has been paid. (Amended 7 of 1981 s. 7) (4) On hearing any appeal under this section the District Court may- (a) confirm, cancel or reduce the levy or surcharge; (b) if it cancels or reduces a levy or surcharge, order the repayment of the amount of levy or surcharge cancelled or reduced, excluding the amount of any penalty or further penalty which has been paid, with interest from the date of payment to the Authority at such rate as the court may determine or without interest; and (Amended 7 of 1981 s. 7; L.N. 386 of 1993) (c) make such order as it thinks fit as to the payment of the costs of the hearing.(5) The Chief Justice may make rules of court for the purposes of this section. Cap 317 s 31 Furnishing of information and production of documents PART VI MISCELLANEOUS (1) An employer, contractor or authorized person concerned in any construction operations shall- (Amended 3 of 2004 s. 15) (a) provide the Authority, or an officer of the Authority authorized by it for the purposes of this section, within such time and in such form as the Authority or such officer may specify, with such information relating to the construction operations (including any amount paid or payable in respect of the construction operations or any work connected therewith), or the name and address of the person for or by whom the construction operations are undertaken, as the Authority or such officer may require; (b) on being so required by the Authority or such officer, produce or cause to be produced any documents or records in his possession relating to the construction operations (including any amount paid or payable in respect of the construction operations) for inspection by the Authority or such officer and permit the Authority or such officer to take copies or make extracts from them or to remove them for a reasonable period. (Amended 3 of 2004 s. 15)(2) Subject to subsection (3), no person shall disclose otherwise than to the Authority, or to an employee of the Authority in his official capacity, any information provided or obtained under subsection (1) (including information obtained from documents or records) without the consent of the person who provided it or from whom it was obtained. |
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