【法规名称】
【法规编号】 79955 什么是编号？
【正 文】
第5页 CAP 380 PROTECTION OF WAGES ON INSOLVENCY ORDINANCE
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[接上页] (3) The Board may confirm or vary any decision of the Commissioner on an application referred to it under this section or may for those purposes require the Commissioner to make further inquiries relating to the application. (Enacted 1985) Cap 380 s 18 Additional power of Commissioner (1) Notwithstanding that in any particular case a petition referred to in section 16(1)(a)(i) or (b) has not been presented against an employer, the Commissioner may, subject to subsection (2) of that section, make an ex gratia payment under that section in that case if in his opinion- (Amended 41 of 1988 s. 3) (a) the employer employs less than 20 employees; (b) sufficient evidence exists to support the presentation of a petition in that case on the ground- (i) if the employer is a company, that he is unable to pay his debts; or (ii) if the employer is a person other than a company, that he is liable to have a bankruptcy petition presented against him; and (Amended 37 of 1998 s. 7)(c) it is unreasonable or uneconomic to present a petition in that case.(2) Where the Commissioner exercises his discretion under subsection (1) to make payment, he shall give notice in the Gazette stating that, in his opinion, sufficient evidence exists to support the presentation of a petition on the ground- (a) if the employer is a company, that he is unable to pay his debts; or (b) if the employer is a person other than a company, that he is liable to have a bankruptcy petition presented against him. (Amended 37 of 1998 s. 7)(3) Nothing in subsection (2) shall require the Commissioner to give more than one notice in respect of each employer. (4) No action shall lie against the Commissioner in respect of any notice given under subsection (2). (Enacted 1985) Cap 380 s 19 Verification of application (1) For the purpose of verifying any application under section 15, or if so required by the Board under section 17(3), the Commissioner may make such inquiries as he thinks fit and may in particular, but without limiting the generality of the foregoing and without prejudice to any powers of the Commissioner under any other Ordinance- (a) interview the applicant and any other employee; (b) by notice in writing require the applicant or any other person having possession thereof to produce to the Commissioner for his inspection any record, book of account, or other document as may, in the opinion of the Commissioner, be necessary to verify the application; (c) by notice in writing require any person whom he reasonably believes to have possession thereof to produce to the Commissioner for his inspection any register, record or other document required to be kept by an employer under the Employment Ordinance (Cap 57); and (d) by notice in writing require the employer to whom the application relates or any servant, agent or employee of that employer to attend before him and to answer questions put by him.(2) Any notice served by the Commissioner imposing any requirement under this section, shall state the time when and place where the person to whom the notice is given shall comply with that requirement. (3) Any notice to be served on any person under this section may be served by post. (4) In relation to the Commissioner's powers under subsection (1) to make inquiries- (a) any person required to answer questions shall have, in relation to any answer thereto, such privileges as he would have had, had such question been asked in a court but shall otherwise answer any such question; (b) the Commissioner shall proceed as informally as possible and may determine the procedure to be followed. (Enacted 1985) Cap 380 s 20 Decisions under this Part not to be challenged No decision of the Commissioner or the Board made in exercise of any discretion under this Part shall be challenged in any Court. (Enacted 1985) Cap 380 s 21 Power of Commissioner to delegate (1) The Commissioner may, in writing, authorize any officer of the Labour Department to exercise any of his powers or perform any of his duties under this Part. (2) In this Part but not in subsection (1) "Commissioner" (处长) includes any person authorized by the Commissioner under this section. (Enacted 1985) Cap 380 s 22 Payment not to affect right to legal aid Any right of an applicant to receive legal aid under the Legal Aid Ordinance (Cap 91) shall not be affected by any payment made under section 16 if the purpose of such legal aid is to assist the applicant to recover any further amount due to him under any contract of employment or under the Employment Ordinance (Cap 57). (Enacted 1985) Cap 380 s 23 Proof by certificate (1) A document purporting to be under the hand of the Commissioner stating that- (a) on the date specified therein the sum of money stated therein was paid from the Fund to the person named therein; and (b) immediately before that date the employer named therein owed to that person the amount of wages, wages in lieu of notice or severance payment, as the case may be, or all or any of them, specified therein in respect of the period or periods stated therein, (Replaced 38 of 1989 s. 5)shall be admissible in any proceedings on its production and without further proof and, until the contrary is proved or unless it be shown that the document was not under the hand of the Commissioner, shall be prima facie evidence of the facts stated therein. (Replaced 48 of 1987 s. 5) |
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