【法规名称】
【法规编号】 79955 什么是编号？
【正 文】
第3页 CAP 380 PROTECTION OF WAGES ON INSOLVENCY ORDINANCE
|
[接上页] (b) with the prior approval of the Financial Secretary, invested in such other investments as the Board thinks fit. (Enacted 1985) Cap 380 s 11 Accounts The Board shall- (a) keep and maintain such accounts and records of all transactions of the Fund as the Director of Accounting Services may require; and (b) after the end of each financial year cause to be prepared a statement of the accounts of the Fund which shall include an income and expenditure account and balance sheet and shall be signed by the Chairman. (Enacted 1985) Cap 380 s 12 Auditors (1) The Board shall at the commencement of each financial year appoint auditors, who shall be entitled to have access to all books of account, vouchers and other records kept by the Board and to require such information and explanations as they may think fit. (2) The auditors shall audit the statement of accounts prepared under section 11 and shall report thereon to the Board. (Enacted 1985) Cap 380 s 13 Statements and reports to be laid on table of Legislative Council Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 (1) The Board shall, within 6 months after the end of each financial year or such further time as the Chief Executive may for any particular year allow, submit to the Chief Executive a report on the activities of the Board for that financial year including copies of the statement of accounts prepared under section 11 and the report made under section 12. (2) The Chief Executive shall cause the reports and statements received by him under subsection (1) to be laid on the table of the Legislative Council. (Enacted 1985. Amended 54 of 2000 s. 3) Cap 380 s 14 Costs of administering the Fund (1) All costs and expenses incurred by the Government in administering the Fund shall be a charge upon general revenue. (2) The Financial Secretary may direct that a supervision fee to be determined by him, in relation to such period as may be determined by him, shall be charged against the income of the Fund and shall at a time determined by him be paid to him by the Board from the Fund and paid by him into general revenue. (Enacted 1985) Cap 380 s 15 Entitlement to apply for ex gratia payment PART V PAYMENT FROM THE FUND (1) Subject to this Part, an applicant to whom- (a) wages are due and unpaid; (b) wages in lieu of notice are due and unpaid; or (c) the liability to be paid a severance payment has arisen and the severance payment is unpaid, whether or not the severance payment is then due,may apply for an ex gratia payment from the Fund in respect of the wages, wages in lieu of notice or the severance payment, as the case may be, or all or any of them. (Replaced 38 of 1989 s. 3) (2) An application under subsection (1) (in this Part called an "application" (申请)) shall be made to the Commissioner in writing in a form approved by him. (Amended 48 of 1987 s. 3) (3) No applicant shall apply for payment from the Fund in respect of any wages for services rendered before 1 April 1985. (4) No applicant shall apply for payment from the Fund in respect of wages in lieu of notice arising out of a contract of employment terminated before the commencement of the Protection of Wages on Insolvency (Amendment) Ordinance 1987 (48 of 1987). (Added 48 of 1987 s. 3) (5) No applicant shall apply for payment from the Fund in respect of a severance payment the liability for payment of which arose before the commencement of the Protection of Wages on Insolvency (Amendment) Ordinance 1989 (38 of 1989). (Added 38 of 1989 s.3) (Enacted 1985) Cap 380 s 16 Payment (1) Subject to subsections (1B) and (2) where it appears to the Commissioner that an employer has failed to pay any wages, wages in lieu of notice or severance payment, as the case may be, or all or any of them to an applicant and that- (a) in the case of an employer who is not a company- (i) a bankruptcy petition has been presented against him; or (ii) he would, but for the existence of section 6(2)(a) of the Bankruptcy Ordinance (Cap 6), be liable to have a bankruptcy petition presented against him; or (Replaced 76 of 1996 s. 84)(b) in the case of an employer who is a company, a winding-up petition has been presented against that employer,he may make an ex gratia payment to the applicant out of the Fund of the amount of the wages, wages in lieu of notice or severance payment, as the case may be, or all or any of them. (1A) When the Commissioner makes a payment under subsection (1)(a)(ii), he shall give notice of the payment and the reasons therefor in the Gazette. (Added 41 of 1988 s. 2) (1B) Where an application has been made in respect of a severance payment which is not due at the date of the application, the Commissioner may defer consideration of the application until the severance payment becomes due. (Added 38 of 1989 s. 4) (2) The Commissioner shall not make any payment under subsection (1)- (a) to the applicant unless the applicant has verified his application by a statutory declaration in a form approved by the Commissioner;@(b) of an amount exceeding $36000 in respect of wages; (Replaced 15 of 1993 s. 3. Amended L.N. 63 of 1996) |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！