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Surcharge for Failure to Give Notices within a Specified Period

In accordance with the provisions of section 41 of CICO, CIC may impose surcharge on a contractor who fails to give notice of payment or completion in accordance with sections 35 and 36 of CICO and fails to give, within a period allowed by CIC, a reasonable excuse for that failure. The current rate of surcharge is as follows –

Delay (between due date and actual date of submission of notice)Rate of surcharge
Equal to or less than 14 daysGrace period with no surcharge
Exceeding 14 days but equal to or less than 28 days10%
Exceeding 28 days but equal to or less than 8 weeks25%
Exceeding 8 weeks but equal to or less than 13 weeks50%
Exceeding 13 weeks but equal to or less than 39 weeks100%
Exceeding 39 weeks200%

Penalty for Late Payment of Levy and Surcharge

  • Under section 46 of CICO, if the amount of the levy or surcharge is not fully paid within 28 days after the contractor receives the notice of assessment or notice of surcharge, a penalty of 5% of the unpaid amount will be imposed.
  • If the amount of the levy or surcharge, including any penalty imposed, remains unpaid within three months after the expiry of the specified period of 28 days, a further penalty of 5% of the unpaid amount will be imposed.

Offences for Failure to Submit Notices

Under sections 34(5), 35(6) and 36(6) of CICO, any person who without reasonable excuse fails to give the commencement, payment and completion notices in accordance with the relevant provisions in CICO commits an offence and is liable on conviction to a fine not exceeding Level 1 or Level 3.

Please contact the Levy Hotline at 2100-9200 or via email at levy@cic.hk for any queries.

Last Updated: 2026-01-28 13:50:13