【法规名称】
【法规编号】 79853 什么是编号？
【正 文】
第9页 CAP 469 OCCUPATIONAL DEAFNESS (COMPENSATION) ORDINANCE
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[接上页] (Enacted 1995) Cap 469 s 39 Amendment of Schedules (1) The Chief Executive in Council may, by notice in the Gazette, amend Schedules 1, 2 and 3. (2) The Legislative Council may, by resolution, amend Schedules 4, 5 and 7. (3) The Secretary may, by notice in the Gazette, amend Schedule 6. (Added 16 of 2003 s. 19) (Enacted 1995. Amended 16 of 2003 s. 19) Cap 469 s 40 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 469 s 41 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 469 s 42 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 469 s 43 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 469 s 44 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 469 s 45 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 469 s 46 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 469 s 47 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 469 s 48 Transitional (1) Notwithstanding section 14(1), a person who- (a) suffers noise-induced deafness; but (b) fails to satisfy the Board that he has at any time been employed under a continuous contract in any noisy occupation in Hong Kong within the 12 months before the date of his relevant application under section 15,is, subject to sections 14(3), 17 and 29, entitled to such compensation as determined by the Board under this Ordinance, if- (i) he satisfies the Board that- (A) he fulfils the conditions specified in section 14(2)(a), (c) and (d); and (B) he has been employed at any time beginning on 1 July 1989 under a continuous contract in any noisy occupation in Hong Kong; and(ii) he makes his application for compensation within 12 months beginning on the commencement of sections 1 to 20 of the amending Ordinance.(2) Where, before the commencement of sections 1 to 20 of the amending Ordinance- (a) a claimant has incurred expenses under section 15(2) or (3) of the pre-amended Ordinance, then sections 8(c), 15(4) to (6) and 31 of the pre-amended Ordinance shall continue to apply to or in relation to such claimant; (b) a report prepared under section 15(2) or (3) of the pre-amended Ordinance has been provided to the Board, then sections 16(1), 19 and 20(1) of the pre-amended Ordinance shall continue to apply to or in relation to such report; (c) a claimant has applied for compensation under section 15 of the pre-amended Ordinance and the Board has not determined the percentage of permanent incapacity of the claimant under section 20, the Board shall make such determination in accordance with Schedule 4 to the pre-amended Ordinance.(3) In this section, "pre-amended Ordinance" (修订前的本条例) means this Ordinance as in force immediately before the commencement of sections 1 to 20 of the amending Ordinance. (Added 5 of 1998 s. 16) Cap 469 Sched 1 PROVISIONS WITH RESPECT TO THE BOARD AND MEMBERS THEREOF [sections 2, 4, 5, 11 & 39] 1. Common seal The Board has a common seal. 2. Board not servant or agent of Government The Board is not to be regarded as a servant or agent of the Government or as enjoying any status, immunity or privilege of the Government. (Amended 23 of 2002 s. 38) 3. Composition of the Board (1) The Board consists of the following members all of whom are appointed by the Chief Executive- (Amended 16 of 2003 s. 20) (a) a chairman; (b) not more than 2 persons, not being public officers, who, in the opinion of the Chief Executive, represent employers; (c) not more than 2 persons, not being public officers, who, in the opinion of the Chief Executive, represent employees; (d) a medical practitioner; (e) an officer of the Hospital Authority who is a medical practitioner; and (f) not more than 2 public officers.(2) The appointment of a person appointed to the Board under subsection (1)(a), (b), (c), (d) or (e) must not exceed 3 years. (3) A person appointed to the Board under subsection (1)(f) holds office at the pleasure of the Chief Executive. (Amended 16 of 2003 s. 20) 4. Terms and appointment of members (1) Subject to subsection (3), a member of the Board holds and vacates his office in accordance with the terms of his appointment and, on ceasing to be a member, is eligible for reappointment. (2) Any member appointed under section 3(1)(a), (b), (c), (d) or (e) may at any time- (a) resign from his office by notice in writing to the Chief Executive; or (b) be removed from office by the Chief Executive for permanent incapacity or other sufficient cause,and upon such resignation or removal the term for which he was appointed is deemed to have expired. (3) Where any member appointed under section 3(1)(a), (b), (c), (d) or (e) is precluded by temporary incapacity or other cause from performing his functions as a member for any period, the Chief Executive may appoint another person to act in place of that member during that period. (4) Where any question arises under subsection (2)(b) or (3) as to whether any incapacity or cause exists or whether any incapacity is temporary or permanent or any cause is sufficient, the decision of the Chief Executive shall be final. |
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