【法规名称】
【法规编号】 79853 什么是编号？
【正 文】
第5页 CAP 469 OCCUPATIONAL DEAFNESS (COMPENSATION) ORDINANCE
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[接上页] PART VII DETERMINATION AND PAYMENT OF COMPENSATION Where the Board has determined the percentage of permanent incapacity of a claimant under section 20(2), the Board shall determine the amount of compensation payable to him in accordance with Schedule 5 as in force on the date of the determination of such amount, irrespective of the date of the application under section 15 to which the determination relates. (Enacted 1995. Amended 16 of 2003 s. 10) Cap 469 s 22 Refusal of application (1) Where the Board- (a) determines that the claimant does not suffer from noise-induced deafness; or (b) otherwise determines that the claimant is not entitled to compensation,the Board shall refuse his application for compensation and shall send a notice of refusal informing the claimant of such refusal and reasons for the refusal. (2) Where a claimant has undergone a hearing test or medical examination under section 16(1) in respect of his application for compensation, a notice of refusal referred to in subsection (1) shall be accompanied by a copy of the report issued to the Board in accordance with section 16(2). (Replaced 5 of 1998 s. 11) Cap 469 s 23 Review of refusal by the Board (1) A claimant receiving a notice of refusal from the Board under section 22 may, within 14 days beginning on the date of the notice, request the Board to review its decision by sending to the Board a request in writing stating his reasons. (1A) The Board may, if it thinks fit, extend the time within which a claimant may request the Board to review its decision under this section. (Added 5 of 1998 s. 12) (2) Upon receipt of a request under subsection (1), the Board shall review its decision and may confirm, vary or reverse the decision, and shall inform the claimant of the result of the review in writing. (Enacted 1995) Cap 469 s 24 Certificate of determination of compensation, objection and review (1) Where the Board has determined under section 21 that a claimant is entitled to compensation and the amount payable, the Board shall issue a certificate in the specified form- (a) stating the particulars of the claimant's noise-induced deafness, his percentage of permanent incapacity and the amount of compensation payable to him, as determined by the Board; and (b) asking the claimant to indicate in the specified form whether he objects to the amount of compensation payable.(1A) A certificate issued under subsection (1) shall be accompanied by a copy of the report issued to the Board in accordance with section 16(2). (Added 5 of 1998 s. 13) (2) A claimant may object to the amount of compensation stated in the certificate issued to him under subsection (1) within 14 days beginning on the date of the certificate by indicating to the Board in the specified form that he objects to the amount and stating the grounds of his objection. (2A) The Board may, if it thinks fit, extend the time within which a claimant may object to the amount of compensation under this section. (Added 5 of 1998 s. 13) (3) On receipt of an objection under subsection (2), the Board shall review its determination and shall issue a certificate in the specified form stating- (a) that the original determination is confirmed; or (b) the revised amount of compensation determined and the particulars of the revised determination.(4) Where a claimant has received compensation from the Board, he loses his right to object under subsection (2). (Enacted 1995) Cap 469 s 25 Payment of compensation (1) Subject to section 30A, where the claimant indicates in writing that he does not object to the amount of the compensation, the Board shall pay to the claimant compensation as stated in the certificate issued under section 24(1) within 21 days beginning on the date of the receipt of the indication. (Amended 16 of 2003 s. 11) (2) Subject to section 30A, where the Board has conducted a review under section 24(3), the Board shall, within 21 days beginning on the date of the certificate issued under section 24(3), pay to the claimant compensation as stated in the certificate- (Amended 16 of 2003 s. 11) (a) under section 24(1), where the original determination is confirmed; or (b) under section 24(3), where the original determination is revised.(3) Compensation that remains unpaid at the expiry of the period prescribed in subsection (1) or (2) shall carry simple interest as from the date of such expiry until such time as it is paid, calculated at the rate determined from time to time by the Chief Justice for the purposes of section 49(1)(b) of the High Court Ordinance (Cap 4). (Replaced 16 of 2003 s. 11) (4)-(8) (Repealed 16 of 2003 s. 11) Cap 469 s 26 Death of claimant Where a certificate stating that an amount of compensation is payable to a claimant has been issued under section 24(1) or (3) and the claimant dies before the compensation is paid to him, the Board shall pay the compensation to the estate of the deceased claimant. (Enacted 1995) Cap 469 s 27 The Board to pay compensation to the Government in certain circumstances |
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