To establish a scheme for compensating persons or their family members in respect of incapacity or death resulting from pneumoconiosis and for purposes connected therewith. (Amended 4 of 1996 s. 2) [Sections 1, 2, 25 to 34 (inclusive) and 36 and the Third Schedule］ 7 November 1980 Remaining provisions ［ 1 January 1981 L.N. 321 of 1980] (Originally 51 of 1980) Cap 360 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Pneumoconiosis (Compensation) Ordinance. Cap 360 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "authorized person" (获授权人) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); (Added 3 of 2004 s. 19) "Board" (委员会) means the Pneumoconiosis Compensation Fund Board established under section 25; "Commissioner" (处长) means the Commissioner for Labour; "compensation" (补偿) means compensation as provided by this Ordinance; "construction contract" (建造合约) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); (Added 3 of 2004 s. 19) "construction employer" (建造工程雇主) means an employer as defined in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); (Added 3 of 2004 s. 19) "construction operations" (建造工程), subject to section 3A, has the meaning assigned to it in Schedule 1 to the Industrial Training (Construction Industry) Ordinance (Cap 317); (Added 3 of 2004 s. 19) "contract of employment" (雇佣合约) has the meaning assigned to it in section 2(1) of the Employment Ordinance (Cap 57); (Added 3 of 2004 s. 19) "contractor" (承建商) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); "Court" (法院) means the District Court; "date of diagnosis" (判伤日期) means the date of a medical examination conducted under this Ordinance from which it is determined that a person to whom compensation is payable under section 4 is suffering from pneumoconiosis; (Added 54 of 1993 s. 2) "earliest diagnosed date" (最早诊断日期) means the date determined under section 24(1)(a)(i) as the date from which it can be said that a person has been suffering from pneumoconiosis; (Added 54 of 1993 s. 2) "employer" (雇主) includes Her Majesty in Her Government of Hong Kong and any body of persons corporate or unincorporated; (Amended 54 of 1993 s. 2) "employment" (雇用) includes any self-employment in any trade, business or profession; "financial year" (财政年度) means the period fixed by the Board under section 29; "Fund" (基金) means the Pneumoconiosis Compensation Fund established by section 27; "further penalty" (另加罚款) means the further penalty payable under section 37(1B); (Added 1 of 1983 s. 2) "hospital" (医院) means any hospital registered under the Hospitals, Nursing Homes and Maternity Houses Registration Ordinance (Cap 165) or maintained by the Crown or which is a public hospital within the meaning of the Hospital Authority Ordinance (Cap 113); (Amended 83 of 1991 s. 2) "incapacity" (丧失工作能力) means incapacity resulting from pneumoconiosis; "levy" (征款) means the levy imposed under section 35; "medical expenses" (医疗费) means all or any of the following expenses incurred in respect of the medical treatment of a person- (a) the fees of a medical practitioner; (b) the fees for any surgical or therapeutic treatment; (c) the cost of nursing attendance; (d) the cost of hospital accommodation as an in-patient; (e) the cost of medicines, curative materials and medical dressings;"medical treatment" (医治), in relation to a person who suffers from pneumoconiosis, means medical treatment of any kind whatsoever given to the person by, or under the supervision of, a medical practitioner, whether as an in-patient or otherwise; (Amended 54 of 1993 s. 2) "member of the family" (家庭成员) means- (a) a spouse, child, parent, brother or sister, grandparent or grandchild; (b) a cohabitee, that is to say, any person who at the date of death of a person was living with that person as that person's wife or husband; and (c) any other person who at the date of death of a person was living with that person as a member of the same household and had been so living for the period of 2 years immediately preceding that date; (Replaced 54 of 1993 s. 2)"partial incapacity" (部分丧失工作能力) means incapacity of a degree of less than 100% as determined in accordance with the Fourth Schedule; (Replaced 54 of 1993 s. 2) "penalty" (罚款) means the penalty payable under section 37(1A); (Added 1 of 1983 s. 2) "pneumoconiosis" (肺尘埃沉着病) means- (a) fibrosis of the lungs due to dust of free silica or dust containing free silica, whether or not such disease is accompanied by tuberculosis of the lungs, or any other disease of the pulmonary or respiratory organs caused by exposure to such dust; or (b) fibrosis of the lungs due to dust of asbestos or dust containing asbestos, whether or not such disease is accompanied by tuberculosis of the lungs, or any other disease caused by exposure to such dust;"Pneumoconiosis Medical Board" (肺尘埃沉着病判伤委员会) means the Pneumoconiosis Medical Board appointed under section 22; "quarry" (石矿场) means any works or system of works the principal purpose of which is to- (a) extract from the earth any rock or stone for commercial purposes; or (b) crush rock or stone for commercial purposes; (Added 3 of 2004 s. 19)"quarry operator" (石矿场经营人) means- (a) in relation to a Government quarry, the person managing or in charge of that quarry; (b) in relation to a quarry other than a Government quarry, the person operating that quarry; (c) in relation to a stone crushing plant, the person operating that stone crushing plant;"quarry products" (石矿产品) means all crushed rock, stone and sand extracted or produced in a quarry; (Added 3 of 2004 s. 19) "specified amount" (指明数额) means the amount specified in Part 1 of Schedule 5; (Added 3 of 2004 s. 19) "specified rate" (指明征款率)- (a) in relation to construction operations, means the rate of levy specified in Division 1 of Part 2 of Schedule 5; or (b) in relation to quarry products, means the rate of levy specified in Division 2 of Part 2 of Schedule 5; (Added 3 of 2004 s. 19)"surcharge" (附加费) means the surcharge imposable under this Ordinance; (Added 1 of 1983 s. 2) "term contract" (固定期合约) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); (Added 3 of 2004 s. 19) "total incapacity" (完全丧失工作能力) means incapacity to the degree of 100% as determined in accordance with the Fourth Schedule; (Replaced 54 of 1993 s. 2) "total value" (总价值), in relation to construction operations, has the meaning assigned to it in section 2B; (Added 3 of 2004 s. 19) "value" (价值)- (a) in relation to construction operations, has the meaning assigned to it in section 2A; (b) in relation to quarry products, has the meaning assigned to it in section 2C; (Replaced 3 of 2004 s. 19)"works order" (施工通知) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317). (Added 3 of 2004 s. 19) (Amended 54 of 1993 s. 2; 3 of 2004 s. 19)(2) (Repealed 54 of 1993 s. 2) (3) For the purposes of this Ordinance- (a) where a person carries out any construction operations for any other person under a contract of employment, the construction operations shall be regarded as carried out by- (i) subject to subparagraph (ii), that other person; or (ii) where the first-mentioned person is a contractor by virtue of paragraph (a)(i) of the definition of "contractor" in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317), the first-mentioned person;(b) where a person carries out any construction operations for himself without arrangement (except under a contract of employment) for the carrying out of such operations by any other person, the first-mentioned person shall, apart from being the person who carries out the construction operations, also be regarded as the person for whom such operations are carried out,and the definitions of "contractor" and "construction employer" and the other provisions of this Ordinance shall be construed accordingly. (Added 3 of 2004 s. 19) (4) For the purposes of this Ordinance, a person shall be regarded as undertaking or carrying out construction operations if- (a) he manages, or arranges for, the carrying out of the construction operations by any other person for the construction employer concerned, whether by way of subcontracting or otherwise; or (b) he provides his own labour or that of any other person for the carrying out of the construction operations. (Added 3 of 2004 s. 19) Cap 360 s 2A Value of construction operations (1) For the purposes of this Ordinance, "value" (价值), in relation to construction operations, means- (a) where the construction operations are carried out under a construction contract, the consideration attributable to such operations, as stated in, or ascertainable by reference to, the contract; or (b) where the construction operations are not carried out under a construction contract, the reasonable consideration to be expected on the open market in respect of the carrying out of such operations.(2) Notwithstanding subsection (1)(a), if in a particular case the consideration attributable to the construction operations concerned as determined in accordance with that subsection is below the reasonable consideration to be expected on the open market in respect of the carrying out of such operations, that subsection shall be deemed to contain a reference to the reasonable consideration described in this subsection instead of the consideration described in that subsection. (3) For the purposes of subsections (1)(b) and (2), the Board may, when ascertaining the reasonable consideration as referred to in those subsections in respect of the carrying out of any construction operations, have regard to all or any of the following matters- (a) the cost or value of materials used in the construction operations; (b) the cost or value of time, work and labour involved in the construction operations; (c) the equipment used in the construction operations; (d) such overhead costs incurred in relation to the construction operations as the Board considers reasonable; (e) the reasonable profit to be expected on the open market in respect of the carrying out of the construction operations; (f) any other factors that the Board considers appropriate. (Added 3 of 2004 s. 20) Cap 360 s 2B Total value of construction operations For the purposes of this Ordinance, "total value" (总价值), in relation to construction operations, means- (a) where the construction operations are carried out under a construction contract- (i) in the case the construction contract is a term contract, the aggregate of the respective values of all construction operations carried out as required by works orders issued under the contract; (ii) in the case the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the respective values of all stages of the operations so carried out; or (iii) in any other case, the value of the construction operations; or(b) where the construction operations are not carried out under a construction contract- (i) in the case the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the respective values of all stages of the operations so carried out; or (ii) in any other case, the value of the construction operations. (Added 3 of 2004 s. 20) Cap 360 s 2C Value of quarry products (1) For the purposes of this Ordinance, "value" (价值), in relation to quarry products, means the value of the quarry products. (2) The Board may, when ascertaining the value of any quarry products for the purposes of this Ordinance, have regard to all or any of the following matters- (a) the type and volume of the quarry products; (b) the market price of the quarry products at the time of production. (Added 3 of 2004 s. 20) Cap 360 s 3 Application to the Crown This Ordinance shall be binding on the Crown. Cap 360 s 3A Application to construction operations (1) This Ordinance does not apply to construction operations- (a) which are carried out for a person who occupies any domestic premises or part of any domestic premises; and (b) the sole or principal purpose of which is to decorate, alter, repair, maintain or renovate the premises or such part of such premises.(2) This Ordinance does not apply to any construction operations, or any type or description of construction operations, which are or is excluded from the application of this Ordinance by the Chief Executive in Council by order published in the Gazette. (3) Without limiting the generality of subsection (2), an order made under that subsection may specify the circumstances under which or the purposes for which any construction operations, or any type or description of construction operations, referred to in the order are or is to be excluded from the application of this Ordinance. (4) In this section- (a) "domestic premises" (住用处所) means premises used or intended to be used solely or principally for residential purposes and constituting a separate household unit; (b) a person shall be regarded as a person who occupies a domestic premises if he intends to occupy the premises. (Added 3 of 2004 s. 21) Cap 360 s 4 Entitlement to compensation PART II COMPENSATION (1) Subject to this section, and except where otherwise provided, compensation shall be payable- (a) to any person suffering from pneumoconiosis, in respect of any incapacity resulting from the pneumoconiosis and any pain, suffering and loss of amenities arising from the pneumoconiosis; and (Amended 4 of 1996 s. 3) (b) where any such person dies, and subject also to section 17(1), to the members of his family. (Replaced 54 of 1993 s. 3)(2) Compensation shall be payable under subsection (1) only where the date of diagnosis or date of death occurs on or after the date of commencement of this Part. (Amended 54 of 1993 s. 3) (3) No compensation shall be payable- (a) where ex gratia compensation has been or will be paid by the Government for any incapacity or death resulting from pneumoconiosis diagnosed before the date of commencement of this Part; (b) (Repealed 54 of 1993 s. 3) (c) to a person in the service of or formerly in the service of the Government who, in consequence of incapacity resulting from pneumoconiosis contracted in the discharge of his duties, is paid pension or gratuity which would not be payable if such incapacity were contracted otherwise than in the discharge of his duties, or in the case of his death, where such pension or gratuity is paid to the members of his family, under any Ordinance or regulation providing for the grant of such pension or gratuity; (Amended 54 of 1993 s. 3) (d) to members of the armed forces of the Crown; (e) to a person in the civil employment of Her Majesty, otherwise than in Her Government of Hong Kong, who has been engaged in a place outside Hong Kong.(4) Subsection (1) shall not apply otherwise than to- (a) a person resident in Hong Kong for 5 years or more at the date of the notification of his claim under section 14(1)(a), or resident in Hong Kong for less than 5 years at such date if he contracted pneumoconiosis in Hong Kong; or (b) the members of the family of a person who was resident in Hong Kong for 5 years or more at the date of his death, or who was resident in Hong Kong for less than 5 years at such date if he contracted pneumoconiosis in Hong Kong. (Replaced 54 of 1993 s. 3)(5) For the purposes of subsection (4), residence in Hong Kong for 5 years or more may be proved- (Amended 54 of 1993 s. 3) (a) by the production to the Commissioner of the identity card issued under the Registration of Persons Ordinance (Cap 177) to the person in question; and (b) by the production of such other evidence as may be required by the Commissioner. Cap 360 s 5 Compensation for death resulting from pneumoconiosis (1) Subject to this section, where a person dies as a result of pneumoconiosis and is survived by any member of his family, the compensation payable shall be a lump sum amount in accordance with Part I of the First Schedule. (2) Where compensation has been paid pursuant to section 6 to a person referred to in subsection (1) there shall be deducted from the amount payable under subsection (1) to that person the current value of any amounts so paid as compensation. (3) Where the amount otherwise payable under this section would be less than the amount specified in Part V of the First Schedule, the amount payable under this section shall be the amount so specified. (4) For the purposes of subsection (2) the current value of any amounts paid under section 6 shall be- (a) in the case of any amounts paid within the period of 12 months preceding the person's death, those amounts; (b) in the case of any amounts paid during consecutive 12 month periods preceding the period referred to in paragraph (a), the sum of the amounts paid in any such period increased by reference to the percentage increase (if any) in the Consumer Price Index (A) during the period beginning with the earliest month in the period and ending with the month in which the death occurred.(5) In this section "Consumer Price Index (A)" (甲类消费物价指数) means the index of that name compiled by the Commissioner for Census and Statistics. (Replaced 54 of 1993 s. 4) Cap 360 s 5A Compensation for bereavement (1) Where a person who was suffering from pneumoconiosis dies and at the time of his death no certificate had been issued by the Board under section 15B(1), compensation for bereavement shall be payable to the members of his family who survive him. (2) Compensation payable under this section shall be- (a) in the form of a lump sum amount in accordance with Part V of the First Schedule; (b) in addition to any compensation that may be payable under section 5. (Added 54 of 1993 s. 4) Cap 360 s 5B Funeral expenses Where a person to whom compensation is payable under section 4 dies as a result of pneumoconiosis, the reasonable expenses of the funeral of the deceased person as provided in Part VI of the First Schedule shall be payable by the Board to any person who has incurred such expenses. (Added 54 of 1993 s. 4) Cap 360 s 6 Compensation for incapacity subsequent to date of diagnosis (1) Where incapacity results from pneumoconiosis, the compensation payable in respect of the period beginning from the date of diagnosis shall be- (a) an amount calculated by reference to the degree of such incapacity, as follows- (i) for the period of any total incapacity, a monthly amount in accordance with Part II of the First Schedule; or (ii) for the period of any partial incapacity, a monthly amount equal to such percentage of the compensation payable in the case of total incapacity as is proportionate to the degree of partial incapacity of the person as determined from time to time under this Ordinance; and*(b) a monthly amount as specified in Part IIA of the First Schedule as compensation for any pain, suffering and loss of amenities arising from the pneumoconiosis, which amount shall be payable regardless of the degree of such pain, suffering or loss. (Replaced 4 of 1996 s. 4)(2) Compensation under this section shall be payable until death. (Replaced 54 of 1993 s. 5)_____________________________________________________________________________ Note: * Please note section 14 of 4 of 1996. It reads as follows- "14. Transitional For the avoidance of doubt it is declared that no amount shall be payable under section 6(1)(b) of the principal Ordinance as amended by this Ordinance in respect of any period prior to the date of commencement of this Ordinance.". 4 of 1996 commenced operation on 1 April 1996. Cap 360 s 7 (Repealed 54 of 1993 s. 6) Cap 360 s 8 (Repealed 54 of 1993 s. 6) Cap 360 s 9 (Repealed 54 of 1993 s. 6) Cap 360 s 10 Compensation for incapacity prior to date of diagnosis Where incapacity results from pneumoconiosis, the compensation payable in respect of the period from the earliest diagnosed date to the date of diagnosis shall be a lump sum amount in accordance with Part III of the First Schedule, and such amount shall be payable regardless of the degree of incapacity of the person during that period. (Replaced 54 of 1993 s. 7) Cap 360 s 11 Compensation for constant attention (1) Where the incapacity which results from pneumoconiosis is of such a nature that the person is unable to perform the essential actions of life without the care and attention of another person, in addition to any compensation under the other provisions of this Ordinance, compensation in respect of such care and attention shall by payable under this section. (Amended 54 of 1993 s. 8) (1A) Compensation under this section shall not be payable in respect of any continuous period in excess of 1 month for which a person is receiving medical treatment as an in-patient in a hospital unless the Board in its discretion otherwise directs. (Added 54 of 1993 s. 8) (2) Compensation under this section shall be a monthly amount in accordance with Part IV of the First Schedule. (Amended 54 of 1993 s. 8) Cap 360 s 12 Payment of expenses for medical treatment (1) Subject to this section, a person who suffers from pneumoconiosis and to whom compensation is payable under section 4 shall be entitled to the reasonable expenses of such medical treatment as is reasonably necessary in connection with his pneumoconiosis. (2) Expenses for medical treatment under this section- (a) shall be payable in accordance with Part I of the Second Schedule; (b) shall be payable only in respect of the period subsequent to the date of diagnosis; (c) shall not be payable where the person's employer, if any, provides a reasonable level of medical treatment free of charge to the person. (Replaced 54 of 1993 s. 9) Cap 360 s 12A Payment of expenses for medical appliances (1) Subject to this section, a person who suffers from pneumoconiosis and to whom compensation is payable under section 4 shall be entitled to the reasonable expenses of the use or supply of medical appliances where such use or supply is reasonably necessary in connection with any incapacity arising from the person's pneumoconiosis. (2) Expenses for medical appliances under this section- (a) shall be payable only in respect of medical appliances of a kind specified in Part II of the Second Schedule; (b) shall be payable only in respect of the period subsequent to the date of diagnosis. (Added 54 of 1993 s. 10) Cap 360 s 12B Claims for expenses for medical treatment and medical appliances (1) A person claiming expenses for medical treatment or medical appliances under section 12 or 12A shall serve on the Board a request in writing for the payment of such expenses together with a receipt for the payment for the treatment or appliances. (2) The Board shall determine within 21 days of the receipt of a request made under subsection (1) whether or not the expenses referred to in the request are payable under this Ordinance and shall- (a) in the case of a claim for expenses for medical treatment- (i) pay to the person, on the date that payment of compensation determined under section 15B is next due to that person, such amount as it determines to be payable; and (ii) where the amount so determined is less than the amount specified in the request under subsection (1), inform the person in writing of its determination;(b) in the case of a claim for expenses for medical appliances- (i) inform the person in writing of its determination and the amount of such expenses, if any, that are payable; and (ii) within a further 7 days pay the amount from the Fund to the person.(3) For the purposes of a determination under subsection (2), the Board may refer the person or any relevant material to the Pneumoconiosis Medical Board or a medical practitioner for an opinion as to whether any medical treatment received by the person was reasonably necessary in connection with his pneumoconiosis or whether the use by or supply to the person of any medical appliance was reasonably necessary in connection with incapacity arising as a result of pneumoconiosis. (4) Where a person fails to comply with a requirement of the Board under subsection (3)- (a) the period of 21 days referred to in subsection (2) shall be extended by the period for which such failure to comply continues; and (b) the Board may, in the absence of a reasonable excuse for the person's failure to comply, determine that the person is not eligible for the expenses claimed. (Added 54 of 1993 s. 10) Cap 360 s 13 Common law damages Remarks: Adaptation Amendments retroactively made - see 25 of 1998 s. 2 (1) Nothing in this Ordinance shall diminish or extinguish any right to damages for death or disability resulting from pneumoconiosis. (Amended 54 of 1993 s. 11) (2) Subject to subsection (4), where any person has paid damages for death or disability resulting from pneumoconiosis pursuant to a judgment of any court in Hong Kong, he shall be entitled to recover from the Fund the amount of such damages and interest thereon together with the amount of any costs ordered by the court to be paid by that person. (3) Subject to subsection (4), where any person is liable to pay damages or interest in the circumstances described in subsection (2), at any time before the damages or interest are paid, the person entitled to the damages or the person liable to pay them may apply to the Board for the amount of such damages, interest and costs to be paid from the Fund to the person entitled to the damages in satisfaction of the judgment. (3A) Subject to subsection (4), where any person has, with the written consent of the Board, paid an amount in settlement of a claim for damages for death or disability resulting from pneumoconiosis or for costs and interest in respect of such a claim (whether by money paid into court which has been accepted in accordance with Order 22 of the Rules of the High Court (Cap 4 sub. leg.) or otherwise), he shall be entitled to recover from the Fund the amount of such payment. (Added 54 of 1993 s. 11. Amended 25 of 1998 s. 2) (3B) Subject to subsection (4), where any person has undertaken to pay an amount in settlement of a claim for damages for death or disability resulting from pneumoconiosis or for costs and interest in respect of such a claim (whether by payment into court in an action for such damages or otherwise), the Board may, on such conditions as it sees fit, pay such amount from the Fund. (Added 54 of 1993 s. 11) (4) Notwithstanding subsections (2), (3), (3A) and (3B), where a claim is made against any person for damages for death or disability resulting from pneumoconiosis, the Fund shall not be liable to pay such damages or any costs- (Amended 54 of 1993 s. 11) (a) unless the person claimed against has, within 30 days of the receipt of the claim, given written notice thereof to the Board; (b) unless the person claimed against defends the claim diligently or, where the Board takes over and conducts the defence or settlement of the claim, assists the Board in so defending or settling the claim; (Replaced 54 of 1993 s. 11) (ba) where the Board has not taken over the defence of the claim, if the person claimed against fails repeatedly and without good cause to comply with any reasonable request of the Board for information concerning the conduct of the defence of the claim; (Added 54 of 1993 s. 11) (c) if the person claimed against has, without the written consent of the Board, made any admission of liability or offered or promised to pay any damages or costs.(5) Where any claim is made against any person for damages for death or disability resulting from pneumoconiosis, then, subject to subsection (4), the Board may take over and conduct in the name of that person the defence or settlement of the claim and settle the claim on his behalf. (Amended 54 of 1993 s. 11) (6) Where any damages, interest or costs have been paid by or recovered from the Fund under subsection (2), (3), (3A), (3B) or (5), the Board shall be subrogated to all such rights and remedies that the person who has paid, or who was liable to pay, damages, may have against any other person in respect of the liability for such damages; and the Board shall be entitled to enforce such rights and remedies in the name of the Board. (Amended 54 of 1993 s. 11) (7) In assessing damages to be paid for death or disability resulting from pneumoconiosis, the court shall take into account any compensation that has been paid or is payable. (8) Where after the commencement of the Pneumoconiosis (Compensation) (Amendment) Ordinance 1993 (54 of 1993), a person is awarded damages for death or disability resulting from pneumoconiosis in a judgment of a court in Hong Kong the whole of the person's entitlement to compensation or other payment under this Ordinance, other than compensation payable prior to the date of such judgment, shall by virtue of this section be extinguished. (Added 54 of 1993 s. 11) (9) In this section "death or disability resulting from pneumoconiosis" (肺尘埃沉着病引致的死亡或残疾) means death, disability, pain and suffering or any other loss or damage of any kind resulting from pneumoconiosis. (Added 54 of 1993 s. 11) Cap 360 s 13A Payments in addition to compensation Amounts payable under sections 5B, 12 and 12A shall be payable in addition to any compensation payable under this Ordinance. (Added 54 of 1993 s. 12) Cap 360 s 14 Claims for compensation PART III CLAIMS FOR PAYMENT OF COMPENSATION (Amended 54 of 1993 s. 13) (1) Where- (a) a person suffers from pneumoconiosis and wishes to claim compensation; or (b) a person who suffers from pneumoconiosis dies (whether as a result of pneumoconiosis or from a cause other than pneumoconiosis) and any member of his family wishes to claim compensation,the person, or the member of his family, as the case may be, shall as soon as practicable notify the Commissioner of his claim in such form as the Commissioner may specify. (2) On receipt of a notice under subsection (1), the Commissioner shall, subject to subsection (3)- (a) request the Pneumoconiosis Medical Board to examine the person for the purpose of determining the matters referred to in section 24(1)(a); or (b) in the case of the death of a person, request the Pneumoconiosis Medical Board to make a determination under section 24(2) in respect of the deceased person.(3) Where the Commissioner is satisfied that the claimant is a person other than a person referred to in section 4(4), he may decline to act under subsection (2), but shall in such case inform the claimant in writing of his decision and the reasons for the decision. (Replaced 54 of 1993 s. 14) Cap 360 s 15 Commissioner to determine certain matters and issue certificate (1) Where the Commissioner receives a certificate issued by the Pneumoconiosis Medical Board under section 24 in respect of a claim under section 14(1), and- (a) the certificate states that the person claiming compensation suffers from pneumoconiosis or (in the case of the death of a person) that the deceased person suffered from pneumoconiosis at the time of his death; and (b) in the case of a claim under section 14(1)(a), the person claiming compensation has not previously received compensation under this Ordinance,the Commissioner shall determine the matters set out in subsection (2) and shall issue a certificate stating his determination as to those matters. (2) The matters to be determined by the Commissioner and stated in a certificate issued under subsection (1) are- (a) whether the claimant is a person referred to in section 4(4); and (b) in the case of a claim under section 14(1)(b), the names of the members of the family to whom compensation is payable pursuant to section 17, and the relationship of each such member of the family to the deceased person.(3) A certificate issued under subsection (1) shall be sent to- (a) the person or any member of the family claiming compensation under section 14(1) and any person named in the certificate for the purposes of subsection (2)(b); and (b) the Board.(4) An application by any person for a review pursuant to section 19D of a decision of the Commissioner as to any matter required to be determined by the Commissioner and stated in a certificate issued by the Commissioner under this section shall be brought- (a) in the case of a claim made under section 14(1)(a), within 14 days after the person's receipt of the Commissioner's certificate; or (b) in the case of a claim made under section 14(1)(b), within 3 months after the person's receipt of the Commissioner's certificate,or within such longer period as the Commissioner may allow. (5) Following his review of a decision referred to in subsection (4), the Commissioner shall issue to the persons referred to in subsection (3) and to the applicant for the review a certificate stating the result of the review. (Replaced 54 of 1993 s. 15) Cap 360 s 15A Interim payments of compensation to family members (1) Where in the case of a claim by a member of the family of a person who has died- (a) a certificate has been issued by the Pneumoconiosis Medical Board stating that the person's death resulted from pneumoconiosis; and (b) a certificate has been issued by the Commissioner stating that the claimant is a person referred to in section 4(4)(b),the Board shall, subject to subsection (3), make interim payments from the Fund of an amount equal to the average monthly earnings as defined in Part VII of the First Schedule. (2) Interim payments under this section- (a) shall be payable to the members of the family named in the certificate pursuant to section 15(2)(b) and shall be payable to such members in the same proportion as if it were compensation to which section 17(1) applied; (Amended 4 of 1996 s. 5) (b) shall be payable- (i) as to the first such payment, within 21 days after receipt by the Board of the Commissioner's certificate; (ii) as to each subsequent payment, within 30 days of the preceding payment becoming payable;(c) shall cease to be payable- (i) upon the Board receiving notice that an application has been made for review of the Commissioner's decision as to any matter referred to in section 15(2)(b); or (ii) upon the expiration of the period allowed under section 15(4) for an application for review, whichever first occurs.(3) Any amount paid from the Fund pursuant to subsection (1)- (a) shall be deducted from the compensation payable under this Ordinance to the members of the family; (b) shall not be recoverable from the person to whom it is paid, unless such payment has been obtained by fraud or other improper means. (Added 54 of 1993 s. 15) Cap 360 s 15B Board to determine amount of compensation (1) Where a certificate is issued by- (a) the Commissioner under section 15(1) in respect of a claim under section 14(1); or (b) the Pneumoconiosis Medical Board under section 24(4) in respect of a medical examination under section 23A,the Board shall determine the amounts of compensation, if any, payable to the person or members of the family and shall issue to the claimant, and (in the case of the death of a person) to any member of the family named in the Commissioner's certificate, a certificate showing the calculation of those amounts. (2) A certificate referred to in subsection (1) shall be issued by the Board- (a) within 14 days after the expiry of the time limited for the making of an application for review of the decision of the Commissioner or the Pneumoconiosis Medical Board as to any matter referred to in the certificate; or (b) where any such application for review has been made, within 14 days after receipt by the Board of the certificate of the Commissioner issued under section 15(5) or of the Pneumoconiosis Medical Board issued under section 24(6).(3) An application by any person for a review pursuant to section 19D of a decision of the Board as to any matter required under this section to be determined by the Board and stated in a certificate issued by the Board shall be made within 14 days after the person's receipt of the certificate, or within such longer period as the Commissioner may allow. (4) Following its review of any decision referred to in subsection (3), the Board shall issue a certificate- (a) stating that the original determination of amounts is confirmed; or (b) stating the revised determination of the amounts of compensation and showing the calculation of those amounts. (Added 54 of 1993 s. 15) Cap 360 s 15C Payment of compensation (1) The Board shall pay from the Fund compensation within 7 days after payment is due. (2) For the purposes of subsection (1), and subject to subsection (3), payment of compensation to any person is due- (a) in the case of an initial payment of an amount shown in a certificate issued by the Board under section 15B(1), on the 14th day after- (i) the issue of that certificate; or (ii) where an application for review of a decision of the Board as referred to in section 15B(3) has been made, the issue of the Board's certificate under section 15B(4);(b) in the case of monthly payments of compensation pursuant to section 6 or for care and attention, subsequent to the initial payments of such compensation, on the last day of the month for which the payment is made.(3) In respect of a claim under section 14(1)(b) by the member of the family of a person who has died- (a) where an application has been made under section 15(4) for a review of a decision of the Commissioner as to any matter referred to in section 15(2)(b), payment of compensation shall not be due until such review, or any appeal in respect of such matter, has been finally determined, or any time allowed for the bringing of such appeal has expired and no appeal has been commenced; or (b) where no such application has been made, payment of compensation is due- (i) on the 14th day after the issue of a certificate by the Board under section 15B(1); or (ii) where an application for review of any decision of the Board under section 15B(1) has been made, on the 14th day after the issue of the Board's certificate under section 15B(4).(4) Where the period in respect of which the compensation pursuant to section 6 or for care and attention is payable is less than 1 month, the amount of compensation payable shall be pro rata to the period. (Amended 4 of 1996 s. 6) (Added 54 of 1993 s. 15) Cap 360 s 16 Persons entitled to payment of compensation (1) The compensation shall be payable to or for the benefit of a person, or, in the case of the death of a person, to or for the benefit of the members of his family as provided by this Ordinance. (Amended 54 of 1993 s. 16) (2)-(3) (Repealed 54 of 1993 s. 16) Cap 360 s 17 Distribution and payment of compensation (1) Compensation payable to the members of the family of a deceased person shall be paid in the following manner- (a) if the deceased leaves a spouse or cohabitee but does not leave- (i) a child; or (ii) any member of family who had been residing with him for the period of 2 years immediately preceding his death, the compensation shall be paid to the spouse or cohabitee or both;(b) if the deceased leaves a spouse or cohabitee and a child or children, whether or not persons mentioned in paragraph (a)(ii) also survive, the compensation shall be paid- (i) as to 75%, to the spouse or cohabitee or both; (ii) as to 25%, to the child or children;(c) if the deceased leaves no child but does leave a spouse or cohabitee and one or more persons mentioned in paragraph (a)(ii), the compensation shall be paid- (i) as to 75%, to the spouse or cohabitee or both; (ii) as to 25%- (A) where the persons mentioned in paragraph (a)(ii) include one parent or both parents (whether or not other members of the family also survive), to the parent or parents; or (B) where the deceased leaves no parent, to the persons mentioned in paragraph (a)(ii);(d) if the deceased leaves a child or children but no spouse or cohabitee, the compensation shall be paid to the child or children; (e) if the deceased leaves no spouse or cohabitee and no child, the compensation shall be paid to one or other of the following persons mentioned in paragraph (a)(ii)- (i) to the parents of the deceased; but if no parent survives; then (ii) to the brothers and sisters of the deceased; but if no brother or sister survives; then (iii) to the grandparents of the deceased; but if no grandparent survives; then (iv) to the grandchildren of the deceased; but if no grandchild survives; then (v) to the other members of the family of the deceased.(2) Where compensation is payable to 2 or more persons under the same paragraph or subparagraph of subsection (1) (including any case where compensation is payable to both the spouse and the cohabitee of a deceased person), equal amounts of compensation shall be paid to each such person. (3) No compensation shall be payable to a member of the family of a deceased person except as provided in this section. (4) Any other compensation payable under this Ordinance- (a) shall be paid by the Board to the person entitled to the compensation; or (b) if the compensation is payable under section 6, 10 or 11, may be paid by the Board to the Commissioner, who shall invest such compensation for the benefit of the person entitled to the compensation, in such manner as the Commissioner thinks fit.(5) The Board may pay from the Fund an amount direct to a person or a member of a person's family on account of a claim which is pending settlement or determination, and the Board may deduct the payment or part of it from the compensation payable under this Ordinance to the person or member of his family. (Replaced 54 of 1993 s. 17) Cap 360 s 18 Limitation of time for claiming compensation (1) Subject to subsection (2), a claim for compensation or other payment under Part II in respect of the death of a person shall be made within 24 months after the date of such death. (Replaced 54 of 1993 s. 18) (2) Notwithstanding subsection (1), the Commissioner or the Board, as the case may be, may receive any claim for compensation or other payment in any case after the expiry of the period specified in that subsection if he or it is satisfied that there was reasonable excuse for the failure to make a claim within such period. (Amended 54 of 1993 s. 18) Cap 360 s 19 Board to pay compensation to Government in certain circumstances Where a person in the service of, or formerly in the service of, the Government is paid pension for incapacity, or in the case of the death of such person who was suffering from pneumoconiosis where pension is paid to the members of his family, under any Ordinance providing for the grant of such pension, the Board shall pay to the Government from the Fund a sum of money equal to the amount of money that would have been payable as compensation had that person not been disqualified to claim compensation by reason of section 4(3)(c). (Amended 54 of 1993 s. 19) Cap 360 s 19A Verification by Board of persons receiving compensation (1) Where the Board has reason to believe that a person entitled to receive any monthly payment of compensation for incapacity or care and attention to be paid by the Board has died, it may withhold such payment until it has ascertained whether or not the person is still alive. (2) The Board may, by notice sent by registered post to the last known address of any person who is entitled to receive compensation in the form of monthly payments, require such person to appear before the Board in person and to furnish proof of identity, and where a person fails to comply with such a requirement the Board may, unless the person has furnished to the Board a reasonable excuse for his failure to so comply, withhold further payment of compensation until the Board's requirement is complied with. (Added 54 of 1993 s. 20) Cap 360 s 19B Excess payments of compensation Where the Board has paid to any person an amount of compensation in excess of the amount to which he is entitled under this Ordinance, the Board may deduct such amount of excess payment from any compensation payable- (a) to that person for incapacity; or (b) in consequence of the death of that person. (Added 54 of 1993 s. 20) Cap 360 s 19C Claims for compensation etc. under this Ordinance Nothing in this Ordinance shall be construed as providing for a claim to be made in respect of compensation or other payment under this Ordinance except in the manner provided in this Part. (Added 54 of 1993 s. 20) Cap 360 s 19D Reviews PART IIIA REVIEWS AND APPEALS (1) Subject to this section, any person who is dissatisfied with a decision of the Commissioner, the Board or the Pneumoconiosis Medical Board made in the exercise of powers conferred under this Ordinance may apply to the Commissioner, the Board or the Pneumoconiosis Medical Board (as the case may be) for a review of that decision. (2) An application under this section for a review of any decision shall- (a) be made by notice in writing; (b) state the grounds upon which the decision should be reviewed; (c) be made- (i) where any period is specified in this Ordinance for the making of an application for a review in any case, within the period so specified; or (ii) where no such period is specified, within 1 month of receipt by the applicant of notice of such decision, or within such further period as the Commissioner may allow.(3) On receipt of an application under subsection (1) the Commissioner, the Board or the Pneumoconiosis Medical Board shall review the decision in question and, after giving the applicant and any other interested person the opportunity of making written submissions, may affirm, vary or rescind the decision and shall give notice of his or its decision to the applicant and such other person. (4) In subsection (3), "interested person" (有利害关系的人) means- (a) any person to whom notice of the decision under review was given; (b) such other person as may be specified in regulations made under section 47. (Added 54 of 1993 s. 21) Cap 360 s 20 Appeals (1) Subject to this section, an appeal shall lie to the Court from any decision of the Commissioner, the Board or the Pneumoconiosis Medical Board. (Amended 54 of 1993 s. 22) (2) Except with the leave of the Court (which shall not be granted unless in the opinion of the Court some substantial question of law is involved in the appeal) no appeal shall lie if the amount in dispute is less than $5000. (Amended 54 of 1993 s. 22) (3) No appeal shall lie from any decision- (a) unless an application for review under section 19D in respect of that decision has first been determined; or (b) in any case in which an order has been made by the Court giving effect to an agreement come to by the parties. (Replaced 54 of 1993 s. 22)(4) Subject to subsections (5) and (6), no appeal shall lie from any decision after the expiration of 6 months from the determination of a review in relation to that decision. (Replaced 54 of 1993 s. 22) (5) Subject to subsection (6), no appeal shall lie from any decision of the Commissioner as to a matter referred to in section 15(2)(b) after the expiration of 1 month from the determination of a review in relation to that decision. (Added 54 of 1993 s. 22) (6) The Court may, if it thinks fit, extend the time within which to appeal under this section notwithstanding that that time has elapsed. (Added 54 of 1993 s. 22) (7) On an appeal under this section, the Court may confirm, vary or reverse any decision of the Commissioner, the Board or the Pneumoconiosis Medical Board, and may make any further order, including any order as to costs, as it thinks fit. (Added 54 of 1993 s. 22) (8) In this Part, "decision" (决定) includes a determination, and the power conferred on the Court under subsection (7) to confirm, vary or reverse any decision includes the power to determine the amount of compensation or other moneys payable under this Ordinance. (Added 54 of 1993 s. 22) (9) The Board may, for the purpose of the protection of the Fund, and on such terms as it sees fit, enter into a compromise of any appeal or proposed appeal and may make any payment from the Fund for that purpose. (Added 54 of 1993 s. 22) Cap 360 s 21 Power of Commissioner etc. to submit questions of law (1) The Commissioner, Board, Pneumoconiosis Medical Board or Court may, if he or it thinks fit, submit any question of law for the decision of the Court of Appeal. (Amended 54 of 1993 s. 23) (2) Such submission shall be made in such form and in such manner as if it were a submission under section 22 of the Employees' Compensation Ordinance (Cap 282), and any rules of court made under that Ordinance relating to submissions under that section shall apply, with such changes as may be necessary, to a submission under this section. Cap 360 s 22 Appointment of Pneumoconiosis Medical Board PART IV MEDICAL EXAMINATIONS The Director of Health shall appoint a board to be known as the Pneumoconiosis Medical Board which shall consist of- (Amended L.N. 76 of 1989) (a) 2 medical practitioners; and (b) the Occupational Health Consultant, or a Senior Occupational Health Officer or an Occupational Health Officer. (Amended L.N. 248 of 1982; 54 of 1993 s. 24) Cap 360 s 23 Medical examination (1) The Pneumoconiosis Medical Board shall, if requested under this Ordinance to conduct a medical examination of any person, give notice in writing to such person requiring him to submit himself to a medical examination on such date and at such time and place as is specified in the notice. (Amended 54 of 1993 s. 25) (2) Where a person who receives a notice under subsection (1) is employed, he shall as soon as possible notify his employer (if any) of the date, time and place for the medical examination. (3) For the purpose of attending to undergo a medical examination an employer shall grant to the person referred to in this section the necessary leave of absence from work and the employer shall pay the person the wages or salary in respect of such absence from work or the wages or salary he would have earned if he had worked during such period. (4) Any employer who without reasonable excuse contravenes subsection (3) commits an offence and is liable to a fine of $10000. (Amended 54 of 1993 s. 25) Cap 360 s 23A Further medical examination (1) A person who has previously been determined by the Pneumoconiosis Medical Board to be suffering from pneumoconiosis resulting in partial incapacity and who is in receipt of compensation under this Ordinance may, subject to this section, request the Pneumoconiosis Medical Board to conduct a further medical examination for the purpose of determining whether there has been any increase in the degree of his incapacity. (2) Subject to subsection (3)- (a) a request under this section for a further medical examination shall not be made until after the expiry of a period of 21 months from the date of the last such examination or an examination under section 23(1) or 49(5); and (b) an examination under this section shall be conducted by the Pneumoconiosis Medical Board within 6 months after the request is made.(3) Where- (a) a request under this section is supported by an opinion from a medical practitioner attending the person to the effect that the person's health has deteriorated such that total incapacity or death is likely to occur before the period of 21 months referred to in subsection (2) has elapsed; and (b) the Pneumoconiosis Medical Board considers that the deterioration in the person's health is such that an early examination is warranted,the Pneumoconiosis Medical Board shall conduct an examination under this section as soon as practicable. (4) For the purposes of section 6(1)(b), a determination of the degree of incapacity by the Pneumoconiosis Medical Board under section 24(1)(b)(i) on the basis of an examination conducted under this section, other than an early examination referred to in subsection (3), shall be treated as having been made- (a) where the request for examination under this section was made at any time during the period of 6 months beginning on the expiry of the period of 21 months referred to in subsection (2)(a), on a date 2 years after the date of the last such examination or the date of diagnosis, as the case may be; or (b) in any other case, on the date on which the request under this section is made. (Added 54 of 1993 s. 26) Cap 360 s 24 Determination of incapacity or cause of death (1) Where a person submits himself to a medical examination in accordance with section 23(1), the Pneumoconiosis Medical Board shall- (a) in the case of an examination for the purposes of section 14(2), determine whether the person is suffering from pneumoconiosis, and if so- (i) determine the date from which it can be said that the person has been so suffering; (ii) determine in accordance with the Fourth Schedule the degree of incapacity resulting from the pneumoconiosis; and (iii) determine whether the person is unable to perform the essential actions of life without the care and attention of another person; and(b) in the case of an examination for the purposes of section 23A- (i) determine whether the degree of incapacity as determined in accordance with the Fourth Schedule has increased since the date of the last examination under section 23(1) or 23A, and if so the extent of such increase; (ii) determine whether the person has, since the date of his last examination under section 23(1) or 23A, become unable to perform the essential actions of life without the care and attention of another person.(2) In the case of death, the Pneumoconiosis Medical Board shall, at the request of the Commissioner, determine- (a) if no determination has previously been made under subsection (1)(a) that the person was suffering from pneumoconiosis, whether the person was suffering from pneumoconiosis at the time of his death; and (b) in the case of any person previously determined under subsection (1)(a) to be suffering from pneumoconiosis, or determined under paragraph (a) to have been suffering from pneumoconiosis at the time of his death, whether the person's death resulted from pneumoconiosis.(3) A determination by the Pneumoconiosis Medical Board, if not unanimous, shall be that of the majority of the members of the Pneumoconiosis Medical Board. (4) The Pneumoconiosis Medical Board shall issue a certificate of its determination made under this section to- (a) the person, or in the case of the death of a person, to the member of his family, who has claimed under section 14(1); (b) except in the case of a determination under subsection (1)(b), the Commissioner; and (c) the Board.(5) An application by any person for a review pursuant to section 19D of any decision of the Pneumoconiosis Medical Board as to any matter required to be determined by the Pneumoconiosis Medical Board under this section shall be made within 14 days after the receipt of the certificate issued by the Pneumoconiosis Medical Board under subsection (4) or within such further period as the Pneumoconiosis Medical Board may allow. (6) Following its review of any decision referred to in subsection (5), the Pneumoconiosis Medical Board shall issue to the persons referred to in subsection (4) a certificate stating- (a) that the original determination is confirmed; or (b) a revised determination. (Replaced 54 of 1993 s. 27) Cap 360 s 25 Establishment of Pneumoconiosis Compensation Fund Board Remarks: Adaptation amendments retroactively made - see 3 of 2004 s. 38 PART V PNEUMOCONIOSIS COMPENSATION FUND BOARD (1) There is hereby established a board, to be known as the Pneumoconiosis Compensation Fund Board. (2) The Board shall consist of not more than 10 members appointed by the Chief Executive of whom not more than 4 shall be public officers. (Amended 3 of 2004 s. 38) (3) The Third Schedule shall have effect with respect to the Board. Cap 360 s 26 Functions and powers of the Board Remarks: Adaptation amendments retroactively made - see 3 of 2004 s. 38 (1) The Board shall have the following functions- (a) to administer the Fund; (b) to make recommendations to the Government with respect to the rate of levy; (Amended 65 of 1987 s. 2) (ba) to conduct and finance educational, publicity, research and other programmes to prevent pneumoconiosis and to conduct and finance programmes for the rehabilitation of persons suffering from pneumoconiosis; (Added 65 of 1987 s. 2. Amended 54 of 1993 s. 28; 4 of 1996 s. 7) (bb) to administer funds received from the Government and designated by the Government as ex gratia payments to persons diagnosed before the commencement of Part II to be suffering from pneumoconiosis; and (Added 54 of 1993 s. 28) (c) to perform such other duties as are imposed on it by this Ordinance.(2) The Board may do all such things as are necessary for, or incidental or conducive to, the better carrying out of the functions of the Board and may in particular, but without prejudice to the generality of the foregoing- (a) hold, acquire or lease all kinds of property, whether movable or immovable; (b) subject to subsection (3), sell or otherwise dispose of all kinds of property whether movable or immovable; (c) enter into, assign or accept the assignment of, and vary or rescind any contract or obligation; (d) subject to subsection (4), meet expenditure on any item shown in the approved estimates of expenditure of the Board, borrow or otherwise raise money on such security as may be necessary, and for that purpose, charge all or any of the property of the Board; (e) make charges for the use of any facility or service provided by the Board.(3) The Board shall not sell or otherwise dispose of land granted at nil premium by the Government except with the prior approval of the Chief Executive. (Amended 3 of 2004 s. 38) (4) Except with the prior approval of the Financial Secretary, no sum shall be borrowed or otherwise raised under subsection (2)(d) which itself, or together with all other sums previously borrowed or otherwise raised under that subsection and still outstanding, exceeds, or in the aggregate exceeds, 10 per cent of the approved total estimated expenditure for the current financial year. Cap 360 s 27 Establishment of Pneumoconiosis Compensation Fund PART VI FINANCIAL PROVISIONS (1) There is hereby established a Pneumoconiosis Compensation Fund which shall consist of- (a) any moneys recovered by way of levy, surcharge, penalty and further penalty; (Amended 1 of 1983 s. 3) (aa) any moneys recovered by the Board from a third party in accordance with section 40A; (Added 54 of 1993 s. 29) (b) any moneys provided by the Government for the purposes of the Fund; and (c) any other moneys lawfully received by the Board for its purposes.(2) The Fund shall be vested in the Board. Cap 360 s 28 Payments by the Board from the Fund The Board shall pay from the Fund the following- (a) compensation under this Ordinance; (b) damages, interest and costs payable or settled under section 13; (ba) any sums, including costs, payable in respect of an appeal, or the compromise of an appeal or a proposed appeal, under section 20; (Added 54 of 1993 s. 30) (c) any sums payable under section 19; (ca) funeral expenses payable under section 5B; (Added 54 of 1993 s. 30) (d) expenses for medical treatment and medical appliances; (Replaced 54 of 1993 s. 30) (e) medical examination fees for medical examinations under section 23; (ea) expenses incurred by the Board for the purposes of section 26(1)(ba); (Added 65 of 1987 s. 3) (f) expenses incurred by the Board for the purposes of this Ordinance, including fees charged by the Financial Secretary for services provided to the Board by the Government; (Amended 54 of 1993 s. 30) (g) any other sums payable by the Board by virtue of or under this Ordinance. Cap 360 s 29 Estimates and financial year Remarks: Adaptation amendments retroactively made - see 3 of 2004 s. 38 (1) In each financial year, before a date to be appointed by the Chief Executive, the Board shall submit to the Chief Executive a programme of its proposed activities and estimates of its income and expenditure for the next financial year. (2) The Board may, from time to time, with the prior approval of the Chief Executive, fix a period to be the financial year of the Board. (3) The Chief Executive may approve or reject the programme and estimates submitted to him under subsection (1) and, in the case of a rejection, may require the Board to resubmit, within such time as he may direct, the programme or estimates, or both, modified in such manner as he may direct. (Added 65 of 1987 s. 4) (4) The Board shall comply with any requirement under subsection (3). (Added 65 of 1987 s. 4) (5) The Board may from time to time vary the estimates submitted under subsection (1), even after their approval by the Chief Executive, and if it does so shall inform the Chief Executive in writing of the details of the variation. (Added 65 of 1987 s. 4) (Amended 3 of 2004 s. 38) Cap 360 s 30 Bank account (1) The Board shall open and maintain an account with a bank approved by the Director of Accounting Services. (2) The Board shall pay all moneys received by it into the account referred to in subsection (1). Cap 360 s 31 Investment of funds All funds of the Board that are not immediately required may be- (a) deposited on fixed term or call deposit or in a savings account in any bank nominated by the Financial Secretary either generally or in any particular case, for that purpose; or (b) subject to the prior approval of the Financial Secretary, invested in such investments as the Board thinks fit. Cap 360 s 32 Accounts (1) The Board shall maintain proper accounts and records of all income and expenditure. (2) After the end of each financial year, the Board shall cause to be prepared statements of income and expenditure during the previous financial year and of the assets and liabilities of the Board on the last day thereof. Cap 360 s 32A Power to write off (1) The Board may write off the whole or any part of any debt due to the Board which it reasonably considers irrecoverable. (2) Any write-off under subsection (1) shall take effect for accounting purposes alone and shall not extinguish any right of the Board to recover the debt which has been written off. (Added 65 of 1987 s. 5) Cap 360 s 33 Auditors (1) The Board shall appoint auditors, who shall be entitled at any time to have access to all books of account vouchers and other financial records of the Board and to require such information and explanations thereof as they may think fit. (2) The auditors shall audit the statements prepared under section 32(2) and shall report thereon to the Board. Cap 360 s 34 Statements and reports to be laid on table of Legislative Council Remarks: Adaptation amendments retroactively made - see 3 of 2004 s. 38 (1) The Board shall, within 6 months after the end of each financial year or such further time as the Chief Executive may in any particular year allow, submit to the Chief Executive a report on the activities of the Board and copies of the statements prepared under section 32(2) and the report made under section 33(2). (2) The Chief Executive shall cause the reports and statements received by him under subsection (1) to be laid on the table of the Legislative Council. (Amended 3 of 2004 s. 38) Cap 360 s 35 Imposition of levy PART VII LEVY (1) A levy at the specified rate shall be imposed on the value of all construction operations undertaken or carried out in Hong Kong. (2) Notwithstanding subsection (1), construction operations the total value of which does not exceed the specified amount shall not be liable to the levy. (3) Subject to regulation 6(8A) of the Pneumoconiosis (Compensation) (Assessment of Levy) Regulations (Cap 360 sub. leg. A), the levy imposed under subsection (1) shall be payable in accordance with this Ordinance by every contractor who carries out construction operations. (4) A levy at the specified rate shall be imposed on the value of all quarry products. (5) The levy imposed under subsection (4) shall be payable by every quarry operator of the quarry in which the quarry products are extracted or produced. (6) The Legislative Council may by resolution amend Schedule 5. (7) Any amendment to Schedule 5- (a) shall come into effect on the expiration of the period of 30 days after the publication of the resolution in the Gazette; and (b) shall not app
手机扫一扫
手机浏览移动版