Contents of Section

Chapter:

123N PDFTitle:BUILDING (MINOR WORKS) REGULATIONGazette Number:L.N. 248 of 2009
Section:65Heading:Determination of application for registration as registered minor works contractor (provisional)Version Date:30/12/2009

(1) Subject to subsection (2), the Building Authority must, within 30 days from receiving an application under section 64(1)¡X

        (a) allow the application;
        (b) allow the application in part and refuse the remaining part; or
        (c) refuse the application.
(2) If the application under section 64(1) is for the registration as a registered minor works contractor (provisional) for any type or types of minor works under one or more classes including class I, the Building Authority must, within 60 days from receiving the application¡X
        (a) allow the application;
        (b) allow the application in part and refuse the remaining part; or
        (c) refuse the application.
(3) The Building Authority must not allow an application under subsection (1)(a) or (b) or (2)(a) or (b) unless the Authority is satisfied that¡X
        (a) in respect of each type of minor works under each class to which the application relates, at least one individual nominated under section 64(3) for that type of minor works¡X
          (i) has the experience specified by the Authority; and
          (ii) has the ability to understand that type of minor works through relevant experience and a general knowledge of the basic statutory requirements;
        (b) if the applicant is a corporation¡X
          (i) its management structure is adequate; and
          (ii) at least one of its directors has the qualifications and experience specified by the Authority; and
        (c) the applicant is suitable for registration in the provisional register.
(4) In deciding whether the applicant is suitable for registration in the provisional register for the purposes of subsection (3)(c), the Building Authority must take into account¡X
        (a) whether the applicant and the individual nominated under section 64(3) have any criminal record in respect of any offence under the laws of Hong Kong relating to the carrying out of any building works; and
        (b) whether any disciplinary order has been made against the applicant or the individual.
(5) If the Building Authority allows an application under subsection (1)(a) or (b) or (2)(a) or (b), the Authority must, on payment by the applicant of the prescribed fee¡X
        (a) enter the applicant¡¦s name in the provisional register together with¡X
          (i) the particulars of the type or types of minor works under one or more classes for which the applicant is registered; and
          (ii) the name of the authorized signatory of the applicant for each type of minor works under each class for which the applicant is registered;
        (b) publish the applicant¡¦s name in the Gazette together with the particulars of the type or types of minor works under one or more classes for which the applicant is registered; and
        (c) issue a certificate of provisional registration to the applicant endorsed with the particulars of the type or types of minor works under one or more classes for which the applicant is registered.
(6) If the Building Authority refuses an application under subsection (1)(b) or (c) or (2)(b) or (c), the Authority must give reasons for the decision in writing to the applicant.