30 Nov 2023
KONE ELEVATOR (HK) LTD v. CONSTRUCTION INDUSTRY COUNCIL
- Citation
- [2023] HKDC 1216
- Court
- District Court
- Case number
- DCMP4552/2022
The court held that appeals under s57 are to be heard de novo; s40(1) authorises CIC to assess levy where no statutory notices are filed and to rely on best available information (here the MTRC certificate); maintenance and repair of lifts and escalators fall within the Schedule 1 definition of 'construction operations' (s1(c)(i), s1(d), s1(g)); the specific items (full load tests and the variation orders) were integral, preparatory or part of leviable operations; accordingly CIC justified the assessment and the levy of HK$504,738 was confirmed and the appeal dismissed.