Over the past few years, a great deal of new legislation, particularly that related to
environmental protection and construction safety, has been introduced to the construction
industry by the various government departments of the Hong Kong SAR. With the New
Contractors Registration system and the Site Safety Supervision Plan requirements imposed
upon contractors through the 1996 amendment of the Buildings Ordinance, it has opened a
new chapter for the practice of professional builders in the private sector of the construction
industry. The statutory responsibilities of registered contractors are becoming more onerous
and direct. Conversance with relevant building law is a pre-requisite for contractors to be
registered under the Buildings Ordinance. Awareness of the other relevant legislation is
imperative for professional builders. The "Construct for Excellence" report prepared by the
Construction Industry Review Committee is another significant reminder of the struggle
existing in the construction industry. The Hong Kong Institute of Construction Managers
(HKICM) as a professional body representing professional builders in Hong Kong and the
Building and Real Estate (BRE) Department of the Hong Kong Polytechnic University which
has educated many professional builders over the years, share concern for the problems in
the construction industry. A collaborative research project was initiated combining the expertise
in the construction industry and in the academic institution to explore potential mutual support
for applied research and for the improvement of the construction industry. The immediate
task established by the two collaborating organizations in January 2000 was to find ways to
assist constructional professionals to have a general comprehension of the relevant statutory
requirements and to provide useful guidance in locating the corresponding statutory provisions,
hence, this publication.
This book aims to provide construction professionals with a practice guide through the entanglement of the many statutory provisions and governmental directives that affect the private sector of the construction industry. The materials in this book are not meant as legal advice and should not be treated as such. The statutory requirements summed up and presented in this book serve as references and pointers for where to find the detailed information. For the structure of this book and its limitations, readers are directed to read Chapter 1: How to use this book. We are indebted to many for the successful materialization of this book. This publication would not have been be possible without the help of Mr. Arthur Chung, Mr. Y. Y. Mok, Miss Natalie Ho and Mr. Henry Suen who have been employed part-time as research assistants at the BRE Department for the different stages of this project. We are also thankful for the valuable critique provided by Mr. K.K. Chan of the HKICM during preparation of the manuscript. Thanks are also due to the many government departments of the HKSAR who have responded to our queries and requests during our research. We are extremely grateful to Professor Mike Anson, senior consultant to the Hong Kong Polytechnic University for his comments and proofreading on some of the important parts of this book. The book has also benefited from overview comment by Mr. Gilbert Kwok, a consultant solicitor of Simmons & Simmons and has received enhancement from Mr. George Lam and his publishing team in designing its present form. It goes without saying that the responsibility for any deficiencies or errors remains with authors. Particular thanks go to the HKICM for initiating the project and to the BRE Department of the Polytechnic University for their collaboration and to both institutions for their joint grant support. It is a daring attempt on our part to try to cover such a large volume of statutory requirements and to reduce them so compactly in this book within a relatively short period of time to meet the need of the construction industry. Improvement and updating is considered necessary as planned in Chapter 1 of this book. For these reasons, the authors welcome any comments for future improvement.
Edwin H W Chan | |
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