(Cap 360 section 47) [1 January 1981] (L.N. 236 of 1980) Cap 360A reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Pneumoconiosis (Compensation) (Assessment of Levy) Regulations. Cap 360A reg 2 Interpretation In these regulations, unless the context otherwise requires- "quarry industry" (石矿业) means the industry that is engaged in the operation of a quarry. (3 of 2004 s. 27) Cap 360A reg 3 (Repealed 3 of 2004 s. 29) PART II CONSTRUCTION OPERATIONS (3 of 2004 s. 28) Cap 360A reg 4 Contractor and authorized person to notify Board when undertaking construction operations (1) Within 14 days after any construction operations have begun or such further time as the Board may in any case allow- (3 of 2004 s. 30) (a) the contractor in respect of the construction operations; and (b) the authorized person appointed in connection with the construction operations,shall each give notice to, the Board in a form specified by the Board that he is the contractor in respect of the construction operations or authorized person appointed in connection with the construction operations, as the case may be. (3 of 2004 s. 30) (2) Except in the case of a term contract, paragraph (1) shall not apply in respect of any construction operations if it is reasonably estimated that the total value of such operations does not exceed the specified amount. (3 of 2004 s. 30) (3) Every notice under paragraph (1) shall state the estimated total value of the construction operations. (3 of 2004 s. 30) (4) This regulation shall be complied with if a copy of a notice given to the Construction Industry Training Authority under section 24 of the Industrial Training (Construction Industry) Ordinance (Cap 317) is sent to the Board. (5) Every contractor or authorized person who, without reasonable excuse, fails to give a notice when required to do so by paragraph (1) commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983) Cap 360A reg 5 Notice by contractor and authorized person of payments made in respect of construction operations and of completion (1) Subject to paragraph (1A), where a payment or an interim payment is made to a contractor or for his benefit in respect of any construction operations, the contractor shall, within 14 days after the payment is made or such further time as the Board may in any case allow, give notice of it to the Board in a form approved by the Board. (1A) Where any payment or interim payment is made in any calendar month to a contractor or for his benefit in respect of any construction operations that are carried out under a term contract, the contractor shall, within 14 days after the last day of that month or such further time as the Board may in any case allow, give notice of it to the Board in a form specified by the Board. (3 of 2004 s. 31) (2) Not later than 14 days, or such further time as the Board may in any case allow, after the completion of any construction operations, or of any stage of the construction operations (if the construction operations are undertaken or carried out in stages), the contractor and the authorized person appointed in respect of the construction operations shall each give notice of such completion to the Board in a form specified by the Board. (3) Except in the case of a term contract, paragraphs (1) and (2) shall not apply in respect of any construction operations if it is reasonably estimated that the total value of such operations does not exceed the specified amount. (3 of 2004 s. 31) (4) Every notice under paragraph (1), (1A) or (2) shall state the value of the construction operations or stage thereof in respect of which payment was made or the value of the operations or stage thereof which have been completed. as the case may be. (5) This regulation shall be complied with if a copy of a notice given to the Construction Industry Training Authority under section 25 of the Industrial Training (Construction Industry) Ordinance (Cap 317) is sent to the Board. (6) Every contractor or authorized person who without reasonable excuse fails to give a notice when required to do so by paragraph (1), (1A) or (2) commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983) (3 of 2004 s. 31) Cap 360A reg 6 Assessment (1) On receipt of a notice of payment under regulation 5(1), the Board shall assess the amount of levy due in respect of the construction operations or the stage of the construction operations (if the construction operations are undertaken or carried out in stages) to which the payment relates. (2) Where more than one payment is made or to be made in respect of construction operations or a stage of the construction operations, the assessment under paragraph (1) shall be a provisional assessment and a final assessment shall be made on the final payment in respect of the construction operations, each stage of the operations or all stages of operations, as is appropriate. (3) On receipt of a notice of completion of construction operations or any stage thereof under regulation 5(2), the Board shall, if no assessment under paragraph (1) or (2) has been made, assess the amount of levy due in respect of the construction operations or the stage of the construction operations. (4) Where construction operations are undertaken or carried out in stages the Board may make a provisional assessment under paragraph (3) on the completion of each stage of the construction operations and make a final assessment on the completion of all stages of the construction operations. (4A) Notwithstanding paragraphs (1), (2) and (3), where construction operations are carried out under a term contract, the Board may defer the making of any assessment under paragraph (1), (2) or (3) until such time as the Board considers appropriate. (3 of 2004 s. 32) (5) The Board may assess the amount of levy due in respect of the construction operations or stage thereof which have or has been completed notwithstanding that no notice has been given to the Board under regulation 5. (6) Where it appears to the Board that an assessment of levy has been made at less than the proper amount, then, subject to paragraph (9), the Board may at any time make an additional assessment of levy due in respect of construction operations or a stage of construction operations. (7) If a contractor fails to give any notice required to be given by him under regulation 5 and does not give a reasonable excuse therefor within such period as the Board may allow in any case, the Board may, in addition to the levy assessed under this regulation and payable by the contractor, impose a surcharge on the contractor not exceeding twice the amount of the levy so assessed. (8) Any assessment of levy or imposition of surcharge under this regulation shall be notified in writing by the Board. (3 of 2004 s. 32) (8A) A levy or surcharge shall not be payable by a contractor- (a) if he has not been notified by the Board of an assessment of such levy or imposition of such surcharge, as the case may be, under paragraph (8); or (b) to the extent that the levy or surcharge, as the case may be, has been paid by any other contractor unless the levy or surcharge, as the case may be, may be required or ordered to be refunded or repaid to that other contractor under section 37(1C) of the Ordinance or regulation 12(4) or 13(4). (3 of 2004 s. 32)(9) Subject to paragraph (10), an assessment or surcharge under this regulation shall be made or imposed within- (3 of 2004 s. 32) (a) 2 years after the completion of the operations; or (b) 1 year after evidence of facts, sufficient in the opinion of the Board to justify the making of the assessment or the imposition of the surcharge comes to its knowledge,whichever is the later. (10) If construction operations are carried out under a term contract, an assessment or surcharge under this regulation shall be made or imposed within- (a) 2 years after the completion of all construction operations to which the contract relates; (b) 2 years after the expiration of the period within which all construction operations to which the contract relates have to be completed as provided for by the contract; or (c) 1 year after evidence of facts, sufficient in the opinion of the Board to justify the making of the assessment or the imposition of the surcharge comes to its knowledge,whichever is the last to occur. (3 of 2004 s. 32) (11) For the purposes of this regulation, where the amount of levy due in respect of a stage of any construction operations is assessed under this regulation, the amount of levy shall be assessed as if such stage of the construction operations separately constitutes construction operations subject to payment of levy under the Ordinance. (3 of 2004 s. 32) (3 of 2004 s. 32) Cap 360A reg 7 (Repealed 3 of 2004 s. 33) PART III QUARRY INDUSTRY Cap 360A reg 8 Quarry operators to notify Board of quarry operations (1) Subject to paragraph (2), every quarry operator who begins a quarry operation on the date of commencement of these regulations or on any date thereafter shall, within 14 days after the date on which such quarry operation has begun, or such further time as the Board may in any case allow, give notice to the Board in a form approved by the Board specifying the quarry at which he is carrying on the quarry operation. (2) Where on the date of commencement of these regulations a quarry operator is carrying on a quarry operation, he shall, within 14 days after such date, or such further time as the Board may in any case allow, give notice to the Board in a form approved by the Board specifying the quarry at which he is carrying on the quarry operation. (3) Any quarry operator who, without reasonable excuse, fails to give notice in accordance with this regulation commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983) Cap 360A reg 9 Notice by quarry operator of quarry products and their value (1) Not later than 14 days after the expiry of a month, or such further time as the Board may in any case allow, every quarry operator shall give notice to the Board in a form approved by the Board specifying the volume of the quarry products extracted or produced during the immediately preceding month and their value. (2) Not later than 14 days after the cessation of a quarry operation, or such further time as the Board may in any case allow, the quarry operator shall give notice to the Board in a form approved by the Board specifying the quantity of the quarry products extracted or produced during the period immediately preceding the cessation and their value, other than the quarry products included in the notice given under paragraph (1). (3) No notice shall be required to be given in accordance with this regulation in respect of any quarry products extracted before the date of commencement of these regulations. (4) Any quarry operator who, without reasonable excuse, fails to give notice in accordance with this regulation commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983) Cap 360A reg 10 Assessment (1) Subject to paragraph (2), the Board shall assess the amount of levy due from the quarry operator in respect of the value of the quarry products extracted or produced during each period of 6 months or up to the date of cessation of the quarry operation. (2) If the Board is not satisfied as to the accuracy of the quantity or value of the quarry products specified in any notice given in accordance with regulation 9, it shall assess the quantity and value of the quarry products before assessing the amount of levy due under paragraph (1). (3) The Board may assess the amount of levy due under paragraph (1) notwithstanding that no notice has been given to it under regulation 9. (4) Where it appears to the Board that an assessment of levy under paragraph (1) has been made at less than the proper amount, then, subject to paragraph (7), the Board may at any time make an additional assessment of levy due from the quarry operator in respect of the value of quarry products. (5) If a quarry operator fails to give any notice required to be given by him in accordance with regulation 9 and to give a reasonable excuse therefor within such period as the Board may allow in any case, the Board may, in addition to the levy assessed under paragraph (3), impose a surcharge on the quarry operator not exceeding twice the amount of the levy so assessed on the value of the quarry products in respect of which such failure occurred. (6) The Board shall notify the quarry operator in writing of any assessment of levy or imposition of surcharge. (7) An assessment or surcharge under this regulation may be made or imposed within- (a) 2 years after the cessation of the quarry operation; or (b) 1 year after evidence of facts, sufficient in the opinion of the Board to justify the making of the assessment or the imposition of the surcharge comes to its knowledge,whichever is the later. Cap 360A reg 11 Time within levy or surcharge to be paid PART IV PAYMENT OF LEVY OR SURCHARGE For the purposes of section 37 of the Ordinance, the amount of any levy or surcharge- (a) specified in a notice given to a contractor under regulation 6; or (b) specified in a notice given to a quarry operator under regulation 10,shall be paid by the contractor or quarry operator within 28 days after receipt by him of the notice. Cap 360A reg 12 Objection PART V OBJECTIONS AND APPEALS (1) Any person who is notified under regulation 6(8) or 10(6) of an assessment of levy, or imposition of surcharge may, by notice in writing served on the Board within 21 days after the receipt of the notice, object to the levy or surcharge. (2) A notice of objection under paragraph (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 paragraph (1) shall be considered by the appropriate committee of the Board which may confirm, cancel or reduce the levy or surcharge. (4) The Board shall notify the objector of the decision of the committee under paragraph (3) within 28 days after the receipt by the Board of the notice of objection under paragraph (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 Board to the objector. (L.N. 32 of 1983) Cap 360A reg 13 Appeals (1) An objector who is aggrieved with a decision notified to him under regulation 12(4) may appeal to the Court against that decision. (2) An appeal under paragraph (1) shall be lodged within 30 days after the receipt of the notification by him. (3) An appeal under this regulation 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. (L.N. 32 of 1983) (4) On hearing any appeal under this regulation the 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 Board at such rate as the Court may determine or without interest; and (L.N. 32 of 1983) (c) make such order as it thinks fit as to the payment of the costs of the hearing. Cap 360A reg 14 Furnishing of information and production of documents PART VI MISCELLANEOUS (1) A construction employer, contractor or authorized person concerned in any construction operations shall- (3 of 2004 s. 34) (a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board 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 Board or such officer may require; (b) on being so required by the Board 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 Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period. (3 of 2004 s. 34)(2) A quarry operator shall- (a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board or such officer may specify, with such information relating to the quarry operated by him (including any amount paid or payable in respect of the quarry products) as the Board or such officer may require; (b) on being so required by the Board or such officer, produce or cause to be produced any documents or records in his possession relating to the quarry operated by him (including any amount paid or payable in respect of the quarry products) for inspection by the Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period.(3) Any person who, without reasonable excuse, fail to comply with a requirement under this regulation when it is within his power to do so commits an offence and is liable to a fine of $1000. Cap 360A reg 15 Non-disclosure of information provided (1) Subject to paragraph (2), no person shall disclose otherwise than to the Board, or to an employee of the Board in his official capacity, any information provided or obtained under regulation 14 (including information provided or obtained from documents or records) without the consent of the person who provided it or from whom it was obtained. (2) Paragraph (1) does not apply- (a) in the case of construction operations- (3 of 2004 s. 35) (i) to the furnishing of information under section 31 of the Industrial Training (Construction Industry) Ordinance; (L.N. 32 of 1983) (ii) to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of construction 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; (3 of 2004 s. 35) (iii) to the disclosure of information by the Board to any person authorized or employed by it for the purpose of checking or ascertaining the value of construction operations; or (L.N. 32 of 1983; 3 of 2004 s. 35) (iv) to the disclosure of information by the Board to the Construction Industry Training Authority established under the Industrial Training (Construction Industry) Ordinance (Cap 317); (L.N. 32 of 1983)(b) in the case of qualify industry, to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of quarry operators if the, summary is so framed as not to enable particulars relating to any particular quarry operator's business to be ascertained from it; (c) to any disclosure of information made for the purpose of any legal proceedings brought under the Ordinance or these regulations, or for the purposes of any report of any such proceedings.(3) Any person who intentionally discloses any information in contravention of this regulation commits an offence and is liable to a fine of $2000. Cap 360A reg 16 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 these regulations in respect of such construction operations. (3 of 2004 s. 36) (2) Subject to paragraph (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 these regulations in respect of such construction operations. (3 of 2004 s. 36) (3) Any person who has appointed an authorized person under paragraph (2) shall, before the commencement of the construction operations concerned, inform the Board of the respective names of- (3 of 2004 s. 36) (a) the person appointed under that paragraph; and (b) the contractor in respect of the construction operations. (3 of 2004 s. 36)(4) Every person who is appointed under paragraph (2) or who is the contractor in respect of any construction operations to which this regulation applies shall inform the Board in writing of that fact before the commencement of the operations. (3 of 2004 s. 36) (5) Any person who fails to comply with paragraph (2), (3) or (4) commits an offence and is liable to a fine of $2000.
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