【法规名称】
【法规编号】 79853 什么是编号？
【正 文】
第7页 CAP 469 OCCUPATIONAL DEAFNESS (COMPENSATION) ORDINANCE
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[接上页] (i) the Medical Committee; (ii) a designated medical practitioner; or (iii) a person belonging to a category of persons designated under section 36(1)(e),for advice as to whether the use by the applicant of the relevant hearing assistive device or the repair or maintenance of such device is or was reasonably required.(4) Where an applicant fails without reasonable excuse to undergo a test or examination required under subsection (3)(a), the Board may determine that he is not entitled to any reimbursement of expenses. (Part VIIA added 16 of 2003 s. 12) Cap 469 s 27F Review of determination (1) An applicant in respect of whom a determination has been made under section 27E(1) may request the Board to review the determination. (2) A request under subsection (1) shall- (a) be in writing; (b) be sent to the Board within a period of 14 days beginning on the date of the notice issued to him under section 27E(2); and (c) state the reasons for requesting the review.(3) The Board may, if it thinks fit, extend the time limit mentioned in subsection (2)(b). (4) Upon receipt of a request under subsection (1), the Board shall review its determination and may, after the review, confirm, vary or reverse the determination. (5) The Board shall by notice in writing inform the applicant of the result of its review. (6) No request for review shall be made under subsection (1) in respect of any amount of reimbursement of expenses the payment of which has been made by the Board and received by the applicant. (Part VIIA added 16 of 2003 s. 12) Cap 469 s 27G Payment of reimbursement of expenses (1) Subject to section 30A, where an applicant is entitled to any amount pursuant to a determination made under section 27E(1)(b), the Board shall pay the amount to the applicant within a period of 21 days beginning on the date of the notice issued to him under section 27E(2). (2) Where a request has been made for the review of a determination of the Board under section 27F(1), subsection (1) shall not apply in respect of any amount payable under the determination. (3) Subject to section 30A, any amount payable to an applicant at the conclusion of a review shall be paid within a period of 21 days beginning on the date of the notice issued under section 27F(5). (4) Any amount of reimbursement of expenses that remains unpaid at the expiry of the period prescribed in subsection (1) or (3) 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). (Part VIIA added 16 of 2003 s. 12) Cap 469 s 27H Death of applicant Where an applicant to whom any amount is payable pursuant to a notice issued under section 27E(2) or 27F(5) dies before the amount is paid to him, that amount shall be payable to his estate. (Part VIIA added 16 of 2003 s. 12) Cap 469 s 28 Appeal PART VIII LEGAL MATTERS (1) A claimant who is dissatisfied with- (a) the result of a review by the Board under section 23; or (b) the amount of compensation awarded to him as determined by the Board after a review under section 24(3),may appeal to the District Court. (1A) An applicant who is dissatisfied with the result of a review conducted under section 27F(4) may appeal to the District Court. (Added 16 of 2003 s. 13) (2) The time for making an appeal under this section is 6 months from the date of the written result of review issued under section 23(2), or of the certificate issued under section 24(3) or of the notice issued under section 27F(5) (as the case may be). (Amended 16 of 2003 s. 13) (3) The District Court may, if it thinks fit, extend the time within which an appeal may be made under this section. (4) On an appeal under this section, the District Court may confirm, vary or reverse any decision or determination of the Board and may make any further order, including any order as to costs, as it thinks fit. (Enacted 1995) Cap 469 s 29 Damages under common law and other enactments (1) Nothing in this Ordinance diminishes or extinguishes any right to damages or other compensation at common law or under any other enactment for permanent incapacity resulting from deafness. (2) Subject to subsection (3), where any person is awarded any damages or other compensation at common law or under any other enactment by a court in Hong Kong in respect of permanent incapacity resulting from sensorineural deafness suffered by him as a result of his exposure to noise in his working environment, the whole of the person's entitlement to compensation or other payment under this Ordinance, if any, other than compensation or other payment payable prior to the date of such judgment, is extinguished. (3) Where a person's entitlement to compensation or other payment under this Ordinance has been extinguished under subsection (2), his entitlement is revived if he satisfies the Board that he has tried all practicable means to obtain payment of the damages or other compensation awarded but has failed to obtain payment in full. |
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