Employment Ordinance

(1)
In this Part, unless the context otherwise
requires—
building
                        works
(
建築工程
) means the construction, site
                    formation, reconstruction, maintenance (including redecoration and external
                    cleaning), repairs, alteration or demolition of the whole or any part
of—
(a)
any building, dock, pier, bridge, viaduct or other structure; or
(b)
any harbour or port works, reclamation, road, tunnel, sewer, drain, well or waterworks,
and any installation works in respect of such building works;
main
                    nominated
                sub-contractor
(
主要指定次承判商
) means a nominated sub-contractor
                who enters into a contract, express or implied, directly with a principal contractor
                to perform all or any part of the work which the principal contractor has contracted
                to perform;
nominated
sub-
contractor
(
指定次承判商
)
means—
(a)
any
person—
(i)
who enters into a contract, express or implied, with a principal
                            contractor to perform all or any part of the work which the principal
                            contractor has contracted to perform; or
(ii)
who enters into a contract, express or implied, to perform all or
                            any part of the work which a person referred to in sub-paragraph (i) has
                            contracted to perform,
who is nominated by an owner or occupier of property, or by an agent
                        or authorized architect, surveyor or civil, municipal or structural engineer
                        of such owner or occupier; and
(b)
any person who subsequently enters into a contract, express or implied,
                        to perform all or any part of the work agreed to be performed by a nominated
                        sub-contractor within the meaning of paragraph (a) of this
                        definition;
principal
                    contractor
(
總承判商
) means a person who enters into a
                contract directly with an owner or occupier of property, or with an agent or
                authorized architect, surveyor or civil, municipal or structural engineer of such
                owner or occupier, to perform any work for such owner or occupier;
sub-
contractor
(
次承判商
)
means—
(a)
any person who enters into a contract, express or implied, with a principal contractor to perform all or any part of the work which the principal contractor has contracted to perform; and
(b)
any other person who enters into a contract, express or implied, to perform all or any part of the work which a sub-contractor within the meaning of paragraph (a) has contracted to perform,
but does not include a nominated
sub-
contractor;
work
(
工作
)
means—
(a)
building works; and
(b)
the supply of manual labour for the purposes of or in connection with building works.
(2)
For the purposes of this
Part—
(a)
a sub-contractor is a superior sub-contractor to another sub-contractor if all or any part of the work which he contracted to perform is sub-contracted to that other sub-contractor, whether or not such work is performed by that other sub-contractor or further sub-contracted by that other sub-contractor;
(b)
a nominated sub-contractor is a superior nominated sub-contractor to another nominated sub-contractor if all or any part of the work which he contracted to perform is sub-contracted to that other nominated sub-contractor, whether or not such work is performed by that other nominated sub-contractor or further sub-contracted by that other nominated sub-contractor.