Review and Appeal | Construction Industry Council

Appeal against Registrar's Decision on Workers Registration Review of Registrar's Decision on Workers Registration Appeal against Council's Decision on Exemption from Providing Card Reading Device

Appeal against Registrar's Decision on Workers Registration

[ Appeal under section 52(1) of Construction Workers Registration Ordinance ]

Under what circumstances can I appeal against the decision?

A person may appeal against the decision of the Registrar notified to him/her in writing under section 51(7)(b) of the Construction Workers Registration Ordinance regarding the confirmation, variation, or substitution of the decision under section 43(1), 44(1) or 49(1) which he/she has applied for a review. He/she can appeal to Construction Industry Council (Council) against the decision in accordance with the procedures stated below.

How can I lodge an appeal?

A person may, within 2 weeks after being notified by the Registrar in writing of its decision under section 51(7)(b) of the Ordinance, appeal to the Council against such decision by serving on the Council a "Notice of Appeal" (Form AF1) stating the substance of the matter and reasons for the appeal.

Procedures for Appeal

The prescribed fee payable in respect of an application for appeal is HK$30 and the fee once paid is non-refundable. No refund shall be made whether the appeal is successful or not, or in case it is withdrawn. Payment can be made by cash or crossed cheque payable to the "Construction Industry Council";
an applicant may submit the duly completed "Notice of Appeal" and the requisite payment either in person or by post to the Council (address: CIC Headquarters, 38/F, COS Centre, 56 Tsun Yip Street, Kwun Tong, Kowloon);
an appeal under section 52(1) of the Ordinance against a decision does not suspend the decision unless the Council decides otherwise;
as soon as practicable after receiving a “Notice of Appeal”, the Council shall forward a copy of the Notice to the Secretary for Development (the Secretary);
the Secretary shall appoint a Construction Workers Appeal Board （Appeal Board）to hear the appeal within 30 days after receipt of a “Notice of Appeal” issued under section 52(1) of the Ordinance;
the members of an Appeal Board shall elect a chairman from amongst themselves;
an Appeal Board shall consist of 5 members, and the quorum of an Appeal Board is 4 members;
the parties to an appeal are -

(a) the appellant; and

(b) the Registrar;
the chairman of an Appeal Board shall appoint the time and place of the hearing of the appeal and notify the parties to the appeal;
a party to an appeal may be present at the hearing of the appeal and may make representation in person; or be represented by counsel or a solicitor or any other person authorized by the party in writing;
the hearing of an appeal shall be held in public unless the Appeal Board, on its own motion or on the application of a party to an appeal, orders that all or part of the hearing shall be held in camera;
an Appeal Board shall not make an order under section 55(4) （i.e. point 11 above）unless the Appeal Board –

(a) has consulted the parties to the appeal; and

(b) is satisfied that the order is necessary in the interests of justice;
the decision of an Appeal Board on an appeal shall be that of the majority of the members hearing the appeal, and if there is an equality of votes, the chairman of the Appeal Board shall have a casting vote in addition to his original vote.

Notification of decision

The decision of an Appeal Board on an appeal shall be binding on the parties to the appeal and shall be final;
an Appeal Board shall notify in writing the parties to the appeal of its decision and the reasons for the decision.

Powers of Appeal Board

An Appeal Board may, by notice under the signature of its chairman—
(a) summon any person to attend the hearing to give evidence or produce any document or other thing in his possession; and

(b) authorize a person to inspect the construction work, if any, to which the appeal relates.
An Appeal Board may—
(a) examine a person summoned under subsection 57(1)(a) (i.e. point 1(a) above) as a witness or require him to produce any document or other thing in his possession;

(b) hear and consider representations made by or on behalf of the parties to the appeal; and
An Appeal Board may, in an appeal against a decision of the Council—
(a) confirm or revoke the decision; or (b) make any decision that the Council could have made.
An Appeal Board may make any order as it thinks fit with regard to the payment of the costs of the parties to an appeal in the appeal.
Costs awarded or imposed are recoverable as a civil debt.

Under what circumstances can I apply for review of the Registrar's decision?

The Registrar may:

reject a person's application for registration or renewal of registration under section 43(1) of the Ordinance; or
specify the registration expiry date of a person under section 44(1) of the Ordinance; or
cancel the registration of a person under section 49(1) of the Ordinance.

Regarding the decision of the Registrar under section 43(1), 44(1) or 49(1) of the Ordinance, a person who, on receipt of the Registrar's written notification (applicable for item 1) or issuing a registration card (applicable for item 2) or written notification by prepaid registered post (applicable for item 3), wishes to apply for a review of any of the above decision may submit a request in accordance with the procedures stated below.

How to apply for a review of decision?

A person who is the subject of a decision of the Registrar under the provisions as stated above, may request the Review Board to review the decision by serving on the Board, within 2 weeks after the decision, a "Notice of Request for Review" (Form RA1) stating the substance of the matter and reasons for the review.

Procedures for review and notification of decision

As soon as practicable after receiving the request for review, the Review Board shall consider the request;
a request under the Ordinance for review of a decision does not suspend the decision unless the Council decides otherwise;
the Review Board, on consideration of a request for review of the Registrar's decision, may recommend the Registrar to confirm, vary or reverse the decision; or to substitute the decision with such other decision as the Review Board thinks fit;
on making a recommendation, the Review Board shall notify in writing the person requesting for the review of its recommendation and the reasons for the recommendation;
upon receipt of the recommendation of the Review Board in respect of a request for review of a decision, the Registrar shall, having regard to the recommendation, as soon as practicable notify the person in writing as to whether the decision is confirmed / varied / reversed / substituted with another decision and the reasons for doing so.

Can I appeal against the decision of the review?

A person who, on receipt of the recommendation of the Review Board for a request for review of a decision, and after being notified in writing by the Registrar of the confirmation / variation or substitution of the decision, may appeal against the decision by serving on the Council a "Notice of Appeal" stating the substance of the matter and reasons for the appeal. (Please refer to "Appeal against a decision of the Registrar" for details.)

[Appeal under section 52(3) of Construction Workers Registration Ordinance]

Under what circumstances can I appeal against the decision?

A person may appeal against the decision of the Council notified to him/her in writing under section 58(4)(b) of the Construction Workers Registration Ordinance (“the Ordinance”) regarding his/ her application for exemption under section 58(2). He/she can appeal to the Council against the decision in accordance with the procedures stated below.

How can I lodge an appeal?

A person may, within 3 business days after being notified by the Council in writing of its decision under section 58(4)(b) of the Ordinance, appeal to the Council against such decision by serving on the Council a “Notice of Appeal against the Decision of the Council on Application for Exemption from Providing Card Reading Device” (“Notice of Appeal” (Form AFE1)) stating the substance of the matter and reasons for the appeal.

Procedures for Appeal

The prescribed fee payable in respect of an application for appeal is HK$30 and the fee once paid is non-refundable. No refund shall be made whether the appeal is successful or not, or in case it is withdrawn. Payment can be made by crossed cheque payable to the "Construction Industry Council";
an applicant may submit the duly completed "Notice of Appeal" and the requisite payment either in person or by post to the Council (address: CIC Headquarters, 38/F, COS Centre, 56 Tsun Yip Street, Kwun Tong, Kowloon) within 3 business days after the decision;
as soon as practicable after receiving a “Notice of Appeal”, the Council shall forward a copy of the Notice to the Secretary for Development (“the Secretary”);
the Secretary shall appoint a Construction Workers Appeal Board (“Appeal Board”) to hear the appeal within 7 business days after receipt of a “Notice of Appeal” issued under section 52(3) of the Ordinance;
members of the Appeal Board shall elect a chairman from amongst themselves;
the Appeal Board shall consist of 5 members, quorum of the Appeal Board is 4 members;
the parties to an appeal are -
(a) the appellant; and
(b) the Council;
Chairman of the Appeal Board shall appoint the time and place of the hearing of the appeal and notify the parties to the appeal;
a party to an appeal may be present at the hearing of the appeal and may make representation in person; or be represented by counsel or a solicitor or any other person authorized by the party in writing;
the hearing of an appeal shall be held in public unless the Appeal Board, on its own motion or on the application of a party to an appeal, orders that all or part of the hearing shall be held in camera;
the Appeal Board shall not make an order under section 55(4) （i.e. point 11 above）unless the Appeal Board –
(a) has consulted the parties to the appeal; and
(b) is satisfied that the order is necessary in the interests of justice;
the decision of the Appeal Board on an appeal shall be that of the majority of the members hearing the appeal, and if there is an equality of votes, the chairman of the Appeal Board shall have a casting vote in addition to his original vote.

Notification of decision

The decision of the Appeal Board on an appeal shall be binding on the parties to the appeal and shall be final;
the Appeal Board shall notify in writing the parties to the appeal of its decision and the reasons for the decision.

Powers of Appeal Board

The Appeal Board may, by notice under the signature of its chairman—
(a) summon any person to attend the hearing to give evidence or produce any document or other thing in his possession; and
(b) authorise a person to inspect the construction work, if any, to which the appeal relates.
The Appeal Board may—
(a) examine a person summoned under subsection 57(1)(a) (i.e. point 1(a) above) as a witness or require him to produce any document or other thing in his possession;
(b) hear and consider representations made by or on behalf of the parties to the appeal; and
(c) hear, receive and examine evidence on oath.
The Appeal Board may, in an appeal against a decision of the Council—
(a) confirm or revoke the decision; or
(b) make any decision that the Council could have made.
The Appeal Board may make any order as it thinks fit with regard to the payment of the costs of the parties to an appeal in the appeal.
Costs awarded or imposed are recoverable as a civil debt.