Contents of Section

Chapter:

123N PDFTitle:BUILDING (MINOR WORKS) REGULATIONGazette Number:L.N. 248 of 2009
Section:22Heading:Determination of application made under section 21(1)Version Date:30/12/2009

(1) The Building Authority must, within 3 months from receiving an application under section 21(1)¡X

        (a) allow the application;
        (b) allow the application in part and refuse the remaining part; or
        (c) refuse the application.
(2) The Building Authority must not allow an application under subsection (1)(a) or (b) unless the Authority is satisfied that¡X
        (a) the applicant¡X
          (i) is registered under the Construction Workers Registration Ordinance (Cap. 583) as a registered skilled worker for a designated trade which is relevant to the item or items of class III minor works to which the application relates; or
          (ii) has the qualifications and experience specified by the Authority;
        (b) the applicant has the ability and skills to personally carry out the item or items of class III minor works to which the application relates; and
        (c) the applicant is suitable for registration in the register for the item or items of class III minor works to which the application relates.
(3) In deciding whether the applicant is suitable for registration in the register for the purposes of subsection (2)(c), the Building Authority must take into account¡X
        (a) whether the applicant has 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.
(4) If the Building Authority allows an application under subsection (1)(a) or (b), the Authority must¡X
        (a) amend the entry in respect of the applicant in the register by adding the particulars of the additional item or items of class III minor works for which the applicant is registered;
        (b) issue a new certificate of registration to the applicant to replace the applicant¡¦s existing certificate of registration; and
        (c) endorse on the new certificate of registration the particulars of the items of class III minor works for which the applicant is registered.
(5) If the Building Authority refuses an application under subsection (1)(b) or (c), the Authority must give reasons for the decision in writing to the applicant.