1975-HKRS28-16-23_Part03 — Page 20

Copureter and Authorized

person to body Authority W.beca turkdertakin K comincion

Porky.

Notice by

BONIFACIAM KON

úurbarërod

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(g) any other factors that may be prescribed.

(2) In the case of any construction works to be undertaken or carried out in stages the total value of all stages of the construction works shall be the value of the construction works for the purposes of subsection (D).

24. (1) Within 14 days after any construction works have begun or sich further time as the Authority may in any case allow

(a) the contractor carrying out the construction works; and

(b) the authorized person appointed in connexion with the construc-

tion works.

shall cach give notice to the Authority in the prescribed form that he is such a contractor carrying out construction works or authorized person appointed in connexion with construction works, as the case may be.

(3) Every notice under sabrection (1) shall state the estimated value of the construction works.

(3) Every contractor or authorized person who, without reasonable excuse, fails to give a notice when required to do so by subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $1,000.

25. (1) Where a payment or an interim payment is made to a con- tractor or for his benefit in respect of any construction works, the contractor shall, within 14 days after the payment is made or such further time as pbymers made the Authority may in any case allow, give notice of it to the Authority

in the prescribed form.

person of

In respect

of works ek. brud d completan.

Aksessen.

(2) Not later than 14 days, or such further time as the Authority may in any case allow, after the completion of any construction works, or of any stage of the construction works if the construction works are being undertaken or carried out in stages). the contractor and the authorized person appointed In respect of the construction works shall each give notice of such completion to the Authority in the prescribed form,

(3) Every notice under subsection (1) or (2) shall state the value of the construction works or stage thereof in respect of which payment was made or the value of the works or stage thereof which have been completed, as the case may be.

(4) Every contractor or authorized person who without reasonable excuse fails to give a notice when required to do so by subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of $2,000.

26. (1) On receipt of a notice of payment under section 25(1), the Authority shall assess the amount of levy due from the contractor in respect of the construction works or the stage of the construction works (if the construction works are being undertaken or carried out in stage) to which the payment relates.

(2) Where more than one payment is made or to be made to the contractor in respect of construction works or a stage of the construction works, the assessment under subsection (1) shall be a provisional assessment and a final assessment shall be made on the final payment in respect of the construction works, each stage of the works or all stages of the works, as is appropriate.

(3) On receipt of a notice of completion of construction works of any stage thereof under section 25(2), the Authority shall, if no assessment

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under subsection (1) or (2) has been made, assess the amount of levy due from the contractor in respect of the construction works or the stage of the construction works.

(4) Where construction works are undertaken or carried out in stages the Authority may make a provisional assessment under subsection (3) on the completion of each stage of the construction works and make a final assessment on the completion of all stages of the construction works.

(5) The Authority may assess the amount of levy due from the contractor in respect of the construction works or stage thereof which have or has been completed notwithstanding that no notice has been given to the Authority under section 25.

(6) Where it appears to the Authority that an assessment of levy has been made at less than the proper amount, then, subject to subsection (9), the Authority may at any time make an additional assessment of levy due from the contractor in respect of construction works or a stage of construction works.

(7) LẺ a contractor fails to give any notice required to be given by him under section 25 and doas not give a reasonable excuse therefor within such period as the Authority may allow in any case, the Authority may, in addition to the levy assessed under subsection (5), impose à stucharge on the contractor not exceeding twice the amount of the levy so assessed.

(8) The Authority shall notify the contractor in writing of any assessment of levy or imposition of surcharge.

(9) An assessment or surcharge under this section shall be made or imposed within-

(a) 2 years after the completion of the works; or

(b) 1 year after evidence of facts, sufficient in the opinion of the Authority to justify the making of the assessment or the imposi- tion of the surcharge comes to its knowledge.

whichever is the later.

27. (1) The amount of levy or surcharge specified in a notice given Payment of to a contractor under section 26(8) shall be paid by the contractor to kova. the Authority within 28 days after the receipt by bim of the notice.

(2) Payment shall be made in accordance with subsection (1) notwith- standing that the contractor may wish to object to the levy assessed or surcharge imposed under section 26.

28 (1) Any amount of levy or surcharge, due and payable under Recovery of this Ordinance shall be recoverable as a debt due to the Authority.

(2) An action under subsection (1) may be brought in the District Court notwithstanding that the amount due exceeds $20,000.

PART V

OBIECTIONS AND APPEALS

kry.

29. (1) Any person who is notified under section 26(8) of an assess Obiectioa. ment of levy, or imposition of surcharge may, by notice to writing served

on the Authority within 21 days after the receipt of the notice, object to the levy or surcharge.