【法规名称】
【法规编号】 79853 什么是编号？
【正 文】
第3页 CAP 469 OCCUPATIONAL DEAFNESS (COMPENSATION) ORDINANCE
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[接上页] (2) The Director of Audit has a right of access at all reasonable times to all such documents in the custody or under the control of the Board as he may reasonably require for the purpose of carrying out any examination under subsection (1) and is entitled to require from any person holding or accountable for any such document such information and explanations (if any) as are reasonably necessary for that purpose. (3) The Director of Audit may submit to the President of the Legislative Council a report in respect of any examination carried out under subsection (1). (4) Subsection (1) does not give the Director of Audit the right to question the merits of any of the Board's policy objectives. (Enacted 1995) Cap 469 s 11 Statements and reports to be laid on table of Legislative Council The Board shall, within 9 months after the end of each financial year or such longer period as the Chief Executive may determine, submit- (Amended 16 of 2003 s. 8) (a) a report on the activities and affairs of the Board for that year; (b) a copy of the statements of the accounts therefor; and (c) the auditor's report on the accounts prepared under section 12(3) of Schedule 1,to the Chief Executive who shall cause them to be laid on the table of the Legislative Council. (Enacted 1995. Amended 16 of 2003 s. 8) Cap 469 s 12 Appointment of Medical Committee PART IV OCCUPATIONAL DEAFNESS MEDICAL COMMITTEE (1) The Secretary shall appoint a committee to be known as the Occupational Deafness Medical Committee. (2) Schedule 2 has effect with respect to the Medical Committee. (Enacted 1995) Cap 469 s 13 Functions of Medical Committee The functions of the Medical Committee are- (a) to recommend to the Board hearing tests and medical examinations to be performed generally and in any particular case for the diagnosis and assessment of noise-induced deafness for the purpose of this Ordinance; (b) to recommend to the Board audiological facilities and calibration methods to be used in such hearing tests and medical examinations; (c) to recommend to the Board places where hearing tests under section 15(2) can be performed; (d) to advise the Board under section 19 or 27E(3)(b)(i); (Amended 5 of 1998 s. 5; 16 of 2003 s. 9) (da) to recommend to the Board categories of persons that may be designated under section 36(1)(e); and (Added 16 of 2003 s. 9) (e) (Repealed 5 of 1998 s. 5) (f) to advise the Board generally on the medical, technical and professional aspects of any matter relating to the performance of the Board's functions. (Enacted 1995) Cap 469 s 14 Entitlement to compensation PART V ENTITLEMENT TO AND APPLICATIONS FOR COMPENSATION (1) Subject to subsections (3) and (4) and sections 17 and 29, a person who suffers noise-induced deafness is entitled to such compensation as determined by the Board under this Ordinance if he also satisfies the Board that he fulfils the conditions specified in subsection (2). (2) The conditions referred to in subsection (1) are- (a) (i) that he has had at least 10 years of employment in aggregate in any noisy occupation in Hong Kong before the date of the relevant application under section 15; or (ii) that he has had at least 5 years of employment in aggregate in any noisy occupation specified in paragraphs (c), (j), (k) and (y) of Schedule 3 in Hong Kong before the date of the relevant application under section 15; (Replaced 5 of 1998 s. 6)(b) subject to subsection (4), that he has at any time been employed under a continuous contract in any noisy occupation in Hong Kong- (i) within the 72 months before the commencement of this Part; or (ii) within the 12 months before the date of his relevant application under section 15; (Amended 5 of 1998 s. 6)(c) he has not been awarded any compensation; and (Amended 5 of 1998 s. 6) (d) subject to subsection (5), in the case where he has made an application for compensation ("previous application")- (i) before the date of his relevant application under section 15; (ii) which has been refused under section 22(1)(a); and (iii) in respect of which the Board has not been requested to review its decision under section 23(1) or the Board has confirmed its decision under section 23(2), he has had at least 24 months of employment in aggregate in any noisy occupation in Hong Kong after the date of that previous application or, where he has made more than one such previous application, after the date of the last such application. (Added 5 of 1998 s. 6)(3) No compensation is payable- (a) to a member of Her Majesty's armed forces; (b) to a person in the civil employment of Her Majesty, otherwise than Her Majesty in right of the Government of Hong Kong, who has been engaged in a place outside Hong Kong; (c) to a person in the service of or formerly in the service of the Government who, in consequence of incapacity resulting from noise-induced deafness which arose in the course of his employment, is paid a pension or gratuity under any Ordinance which would not be payable if such deafness arose otherwise than in the course of his employment.(4) No compensation is payable to a person who fulfils the condition specified in subsection (2)(b)(i) but not the condition specified in subsection (2)(b)(ii) unless his application for compensation is made not later than 30 June 1997. (Amended 69 of 1996 s. 2) |
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