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[接上页] (3) Subsection (2) does not apply- (a) to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of employers, contractors or authorized persons if the summary is so framed as not to enable particulars relating to any particular contractor's business to be ascertained from it; (aa) to the disclosure of information by the Authority to any person authorized or employed by it for the purpose of checking or ascertaining the value of construction operations; (Added 7 of 1981 s. 8. Amended 3 of 2004 s. 15) (ab) to the disclosure of information by the Authority to the Pneumoconiosis Compensation Fund Board established under the Pneumoconiosis (Compensation) Ordinance (Cap 360); or (Added 7 of 1981 s. 8) (b) to any disclosure of information made for the purpose of any legal proceedings brought under this Ordinance, or for the purposes of any report of any such proceedings.(4) Any person who, without reasonable excuse, fails to comply with a requirement under subsection (1) when it is within his power to do so shall be guilty of an offence and shall be liable on conviction to a fine of $1000. (5) Any person who intentionally discloses any information in contravention of subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine of $2000. Cap 317 s 32 Evidence by certificate etc. A certificate purporting to be signed by an officer of the Authority authorized for the purposes of section 33- (a) that any notice required by or under this Ordinance has or has not been given or has or has not been given at any date; or (b) that any amount of levy, surcharge, penalty or further penalty due under this Ordinance has not been paid, (Amended 7 of 1981 s. 9)shall be sufficient evidence of that fact until the contrary is proved. Cap 317 s 33 Authentication, and production in evidence of documents (1) Any notice or other document given or issued by the Authority may be signed by an officer of the Authority, authorized by the Authority for the purposes of this subsection. (2) Any document purporting to be a notice or other document given or issued by the Authority and purporting to be signed by an officer of the Authority authorized under subsection (1) shall be received in evidence and shall until the contrary is proved be deemed to be such a notice or other document. Cap 317 s 34 Appointment of authorized persons and notification of appointment of authorized persons or contractors (1) If any construction operations are to be carried out for the Crown, a person shall be appointed by or on behalf of the Crown to perform the functions of an authorized person under this Ordinance in respect of such construction operations. (Amended 3 of 2004 s. 16) (2) Subject to subsection (1), every person for whom construction operations are to be undertaken shall, if no authorized person has been appointed under section 4 of the Buildings Ordinance (Cap 123), appoint a person to be the authorized person under this Ordinance in respect of such construction operations. (Replaced 3 of 2004 s. 16) (3) Any person who has appointed an authorized person under subsection (2) shall, before the commencement of the construction operations concerned, inform the Authority of the respective names of- (Replaced 3 of 2004 s. 16) (a) the person appointed under that subsection; and (Amended 3 of 2004 s. 16) (b) the contractor in respect of the construction operations. (Amended 3 of 2004 s. 16)(4) Every person who is appointed under subsection (2) or who is the contractor in respect of any construction operations to which this section applies shall inform the Authority in writing of that fact before the commencement of the operations. (Amended 3 of 2004 s. 16) (5) Any person who fails to comply with subsection (2), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine of $2000. Cap 317 s 35 Offences (1) Any person who is knowingly concerned in, or in the taking of steps with a view to, the fraudulent evasion of the payment of a levy, whether due from him or from any other person, shall be guilty of an offence and shall be liable on conviction to a fine of $10000 or 3 times the amount of levy that was or was intended to be evaded by his conduct, whichever is the greater. (2) Any person who- (a) with intent to deceive, produces, supplies or sends for the purposes of this Ordinance or otherwise makes use for those purposes of any document or record which is false in a material particular; or (b) in providing any information for the purposes of this Ordinance, makes any statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,shall be guilty of an offence and shall be liable on conviction to a fine of $5000 or 3 times the amount of any levy that was or was intended to be evaded by his conduct, whichever is the greater. Cap 317 s 36 Regulations Remarks: |