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[接上页] (Enacted 1995) Cap 469 s 30 Offence PART IX MISCELLANEOUS (1) Any person who in connection with an application for compensation or reimbursement of expenses by himself or any other person provides any document or makes any statement or certification of facts which is false in a material particular and which- (Amended 16 of 2003 s. 14) (a) he knows to be false in such particular; or (b) he has no reasonable ground to believe to be true in such particular,commits an offence and is liable on conviction to imprisonment for 1 year and a fine at level 5. (2) Where a member of a professional body is alleged to have committed an offence under subsection (1), the Board may refer the allegation to that professional body. (Enacted 1995) Cap 469 s 30A Priority of payment (1) If in the opinion of the Board, the available funds of the Fund are insufficient to pay all amounts of compensation and reimbursement of expenses within the periods prescribed for their payment, the Board shall apply the available funds in payment of the compensation and reimbursement of expenses in order of priority of the dates of the certificates or notices issued under section 24(1), 24(3), 27E(2) or 27F(5) (as the case may be). (2) Where the dates of any 2 or more certificates or notices referred to in subsection (1) are the same, the order of priority of payment for the purposes of that subsection is to be determined by reference to the dates of birth of the relevant claimants or applicants, with the amount payable in relation to the claimant or applicant who was born earlier being paid first. (3) Where the Board has come to the opinion described in subsection (1), it shall attach to any certificate or notice referred to in that subsection a statement indicating that the compensation or reimbursement of expenses to which the certificate or notice relates is payable in the manner described in subsections (1) and (2). (Added 16 of 2003 s. 15) Cap 469 s 31 (Repealed 5 of 1998 s. 15) Cap 469 s 32 Compensation or reimbursement of expenses not to be assigned, charged or attached Except under section 18A of the Legal Aid Ordinance (Cap 91), compensation or reimbursement of expenses is not capable of being assigned, charged or attached and does not pass to any other person by operation of law and no claim is to be set off against such compensation or reimbursement of expenses. (Enacted 1995. Amended 16 of 2003 s. 16) Cap 469 s 33 Financial Secretary may charge fees The Financial Secretary may charge the Board fees for any service provided to the Board or the Medical Committee by the Government. (Enacted 1995) Cap 469 s 34 Protection of members, etc. of Board and Medical Committee (1) No- (a) member of the Board; (b) member of the Medical Committee; (c) member of any committee of the Board; (d) employee of the Board,acting in good faith is personally liable for any act done or default made by- (i) the Board; (ii) the Medical Committee; (iii) any committee of the Board,in the performance or purported performance of any function of the Board, the Medical Committee or such committee, as may be appropriate, under this Ordinance. (2) The protection afforded under subsection (1) to any member or employee in respect of any act or default does not affect any liability of the Board for the act or default. (Enacted 1995) Cap 469 s 35 Evidence by certificate A certificate purporting to be signed by the Chairman of the Board or any member of the Board authorized by the Board in that behalf stating that an amount of money has been paid from the Fund to the person named in the certificate on the date specified in the certificate is evidence of the fact in any proceedings. (Enacted 1995) Cap 469 s 36 Designations by the Board (1) The Board may, on the recommendation of the Medical Committee, from time to time designate- (a) the medical examinations to be performed by designated medical practitioners for the diagnosis and assessment of noise-induced deafness; (b) the hearing tests to be performed for the assessment of hearing loss and different classes or descriptions of hearing tests may be so designated to be performed by different categories of persons; (c) the audiological facilities and calibration methods to be used in hearing tests and medical examinations; (d) places as hearing test centres where hearing tests under section 15(2) may be performed; (Amended 16 of 2003 s. 17) (e) the categories of persons who may give an advice under section 27B(3) or 27E(3)(b)(iii). (Added 16 of 2003 s. 17)(2) The Board may, by notice in the Gazette or any other means, promulgate any designation made under subsection (1). (Enacted 1995) Cap 469 s 37 Regulations by Chief Executive in Council The Chief Executive in Council may by regulation provide for any matter generally for the better carrying out of the provisions and purposes of this Ordinance. (Enacted 1995. Amended 16 of 2003 s. 18) Cap 469 s 38 Forms The Board may specify the form of any application, report, certificate or notice for the purposes of this Ordinance. |