CAP. 317] Industrial Training (Construction Industry) [1981 Ed.
Evidence by certificate etc. Authentication, and production in evidence of documents. Appointment of authorized persons. (Cap. 1230) Offences.
32. 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.
33. (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.
34. (1) Where the Crown is the employer in respect of any construction works, 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 works.
(2) Every person by whom or on whose behalf construction works are to be undertaken shall, if no authorized person has been appointed under section 4 of the Buildings Ordinance, appoint a person to be the authorized person under this Ordinance in respect of such construction works.
(3) Every person by whom or on whose behalf construction works, other than building or street works, are to be undertaken shall before the commencement of the works inform the Authority in writing of the names of-
(a) the person appointed under subsection (2); and
(b) the contractor.
(4) Every person who is appointed under subsection (2) or who is employed as a contractor in respect of construction works shall inform the Authority in writing of that fact before the commencement of the works.
(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 $2,000.
35. (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 $10,000 or 3 times the amount of levy that was or was intended to be evaded by his conduct, whichever is the greater.
16
CAP. 317] Industrial Training (Construction
Industry)
[1981 Ed.
Evidence by certificate etc.
Authentication, and production in evidence of documents.
Appointment of authorized
persons.
(Cap. 1230)
Offences.
32. 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.
33. (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 docu- ment 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.
34. (1) Where the Crown is the employer in respect of any construction works, 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 works.
(2) Every person by whom or on whose behalf construction works are to be undertaken shall, if no authorized person has been appointed under section 4 of the Buildings Ordinance, appoint a person to be the authorized person under this Ordinance in respect of such construction works.
(3) Every person by whom or on whose behalf construction works, other than building or street works, are to be undertaken shall before the commencement of the works inform the Authority in writing of the names of-
(a) the person appointed under subsection (2); and
(b) the contractor.
(4) Every person who is appointed under subsection (2) or who is employed as a contractor in respect of construction works shall inform the Authority in writing of that fact before the commencement of the works.
(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 $2,000.
35. (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 $10,000 or 3 times the amount of levy that was or was intended to be evaded by his conduct, whichever is the greater.
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