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[接上页] (3) The relevant balance referred to in subsection (2) shall only be taken into account by the Director if the subsequent application by the employer to the Director under section 14(4) is made within a period of 4 months from the date the failure of the defaulting employee to arrive in Hong Kong, or complete his contract of employment, as the case may be, first came or should have first come to the attention of that employer. (Enacted 1992) Cap 423 s 16 Director to receive and remit levy to Board Where during any payment period (within the meaning of section 15(1)) a levy is paid under that section, the Director shall- (a) receive the levy; (b) deposit the levy in an account established for that purpose; and (c) subject to section 30, remit the levy (together with any interest accrued thereon) to the Board as soon as practicable. (Enacted 1992) Cap 423 s 17 Application by eligible employee to attend retraining course, etc. PART V SELECTION OF TRAINEES AND PAYMENT OF RETRAINING ALLOWANCES (1) An eligible employee may apply to the Executive Director to attend a retraining course or supplementary retraining programme approved by the Board from time to time. (Amended 5 of 1997 s. 5) (2) The Executive Director shall consider the application and carry out such inquiries as he considers necessary to make a determination under section 18. (3) It is the duty of every applicant to assist the Executive Director in carrying out inquiries under this section, and where the applicant fails without reasonable excuse so to assist, the Executive Director may, notwithstanding any other provision, determine that the applicant shall not be entitled to attend the retraining course or supplementary retraining programme for which he has applied. (4) For the purpose of carrying out inquiries under this section the Executive Director may- (a) require the applicant to furnish such information or particulars relating to the application; and (b) make such inquiries from any other person or body (including a training body or training provider) connected or associated with the application,as he considers necessary. (Enacted 1992. Amended 102 of 1994 s. 9) Cap 423 s 18 Determination of applications by Executive Director (1) The Executive Director shall, in respect of an application made under section 17, determine- (a) whether or not he is satisfied as to the applicant's status as an eligible employee, and his entitlement to apply, under that section; (Amended 5 of 1997 s. 6) (b) whether or not he is satisfied that the applicant meets such requirements as to matters of priority between applicants, or classes of applicant, and such other requirements (if any) as the Board may specify from time to time; (c) whether or not the applicant meets the entry requirements (if any) applicable to the retraining course or supplementary retraining programme to which the application relates; and (d) his general suitability for retraining,and shall advise the applicant of his determinations. (Replaced 102 of 1994 s. 10) (2) Where the Executive Director is satisfied as to the applicant's status as an eligible employee, and his entitlement to apply, under section 17 and that he meets the requirements (if any) specified by the Board under subsection (1)(b) the Executive Director shall refer the applicant to the training body or training provider that provides or conducts a retraining course or supplementary retraining programme to which the application relates. (Amended 102 of 1994 s. 10; 5 of 1997 s. 6) (Enacted 1992) Cap 423 s 19 Determination of applications by training bodies, etc. (1) The training body or training provider to which an applicant is referred by the Executive Director under section 18(2) shall consider the application of that applicant and determine whether or not the applicant meets the entry requirements (if any) applicable to the retraining course or supplementary retraining programme to which the application relates and shall advise the applicant of its determinations. (Amended 102 of 1994 s. 11) (2) Where a training body or training provider is satisfied that an applicant meets the entry requirements referred to in subsection (1) it may invite the applicant to attend the retraining course or supplementary retraining programme as a trainee subject to such conditions as it may specify and, in the case of such an invitation, it shall advise the applicant to apply for payment of a retraining allowance. (Replaced 102 of 1994 s. 11) (Enacted 1992) Cap 423 s 20 Eligibility of applicant to receive a retraining allowance (1) Subject to section 22(3), an applicant referred to in section 19(2) shall be eligible to receive a retraining allowance as a trainee if he- (a) has been referred to a training body or training provider under section 18(2); (b) has been invited to attend a retraining course or supplementary retraining programme as a trainee by that training body or training provider under section 19(2); |