【法规名称】
【法规编号】 79953 什么是编号？
【正 文】
第4页 CAP 398 OCCUPATIONAL SAFETY AND HEALTH COUNCIL ORDINANCE
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[接上页] (Enacted 1988) Cap 398 s 23 Appeals (1) An objector who is aggrieved by a decision notified to him under section 22(5) may appeal to the District Court against that decision. (2) An appeal under subsection (1) shall be lodged within 30 days of the notice under section 22(5) being served. (3) On hearing any appeal under this section the District Court may- (a) uphold, cancel or reduce the surcharge or contribution; (b) if it cancels or reduces a surcharge or contribution, order the repayment of the amount of surcharge or contribution cancelled or reduced, with interest from the date of payment to the Council at such rate as the court may determine or without interest; and (c) make such order as it thinks fit as to the payment of the costs of the hearing.(4) The Chief Justice may make rules of court for the purposes of this section. (Enacted 1988) Cap 398 s 24 Offences PART VI MISCELLANEOUS (1) Any person who is knowingly concerned in, or in the taking of steps with a view to, the fraudulent evasion of the payment of a contribution, whether due from him or from any other person, commits an offence and is liable on conviction to a fine of $10000 or 20 times the amount of contribution that was or was intended to be evaded by his conduct, whichever is the greater. (2) Any person who- (a) lodges, produces, supplies or sends for the purposes of this Ordinance or otherwise makes use for those purposes of any declaration or other document, or record, which to his knowledge is false in a material particular; (b) in keeping or maintaining any record for the purposes of this Ordinance makes an entry which to his knowledge is false in a in a material particular; or (c) in providing any information for the purposes of this Ordinance, makes any statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,commits an offence and is liable to a fine of $10000. (Amended 33 of 1990 s. 30) Cap 398 s 25 Evidence by certificate A certificate purporting to be signed by the Chairman or any member authorized by the Council- (a) (Repealed 33 of 1990 s. 30) (b) that any notice required by or under this Ordinance has or has not been given or has or has not been given at any date; or (c) that any amount of contribution, surcharge or penalty due under this Ordinance has not been paid, (Amended 33 of 1990 s. 30)shall be sufficient evidence of that fact until the contrary is proved. (Enacted 1988) Cap 398 s 26 Chief Executive may give directions Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) The Chief Executive may give to the Council such directions as he thinks fit in relation to the performance of its functions or the exercise of its powers and the Council shall comply with those directions. (Amended 54 of 2000 s. 3) (2) No such direction shall be inconsistent with any provision of this Ordinance. (Enacted 1988) Cap 398 s 27 Service by post Any document required to be served under this Ordinance may be served by post. (Enacted 1988) Cap 398 s 28 Financial Secretary may charge fees The Financial Secretary may charge fees for any service provided to the Council by the Government. (Enacted 1988) Cap 398 s 29 Regulations Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) The Chief Executive in Council may by regulation provide- (Amended 54 of 2000 s. 3) (a) for records to be kept by employers; (b) for information to be supplied by employers; (c) (Repealed 33 of 1990 s. 30) (d) generally, for the better carrying out of the provisions and purposes of this Ordinance. (Amended 33 of 1990 s. 30)(2) Regulations under this section may provide that a contravention of any specified provision of any such regulation shall be an offence and may provide penalties therefor not exceeding a fine of $10000. (Enacted 1988) Cap 398 s 30 Protection of members of Council (1) No- (a) member of the Council; (b) member of any committee of the Council; (c) employee of the Council; (d) person exercising powers in association with the Council under section 5(2)(f),acting in good faith shall be personally liable for any act done or default made by- (i) the Council; (ii) any committee of the Council; (iii) any such member, employee or person,in the exercise and performance (or the purported exercise and performance) of the powers and duties conferred and imposed on the Council under this Ordinance. (2) The protection afforded under subsection (1) to any member, employee or other person in respect of any act or default shall not affect any liability of the Council for that act or default. (Replaced 33 of 1990 s. 30) Cap 398 SCHEDULE [section 3] PROVISIONS WITH RESPECT TO THE COUNCIL AND MEMBERS THEREOF 1. The Council shall have a common seal. 2. The Council shall not 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. 35) |
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