【法规名称】
【法规编号】 79955 什么是编号？
【正 文】
第6页 CAP 380 PROTECTION OF WAGES ON INSOLVENCY ORDINANCE
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[接上页] (2) In this section "proceedings" (法律程序) includes the lodging of a proof of debt in any bankruptcy or winding-up. (Enacted 1985) Cap 380 s 24 Subrogation PART VI RECOVERY OF PAYMENTS (1) Where a payment is made under section 16 to an applicant in respect of wages due to him, or in respect of any liability to pay him a severance payment, whether or not the severance payment is due when that payment under section 16 is made, all his rights and remedies with respect to those wages or severance payment, as the case may be, existing immediately before that payment under section 16 shall, to the extent of the amount of that payment under section 16, be transferred to and vest in the Board for the benefit of the Fund and the Board may take such steps as it considers necessary to enforce those rights and remedies. (2) The rights and remedies of an applicant in respect of a severance payment transferred to and vested in the Board pursuant to subsection (1) shall include the rights and remedies of the applicant in respect of so much of that severance payment as the applicant would, on the winding up of a company, be entitled to priority under section 265(1)(ca) of the Companies Ordinance (Cap 32) or would, on a bankruptcy, be entitled to priority under section 38(1)(ca) of the Bankruptcy Ordinance (Cap 6). (Replaced 45 of 1991 s. 4. Amended L.N. 210 of 1994) (2A) Where- (a) the amount of any wages due to an applicant exceeds the amount of any payment made to him under section 16 in respect of those wages, nothing in this section shall affect the rights or remedies of the applicant in respect of the amount of the excess; (b) the amount of any liability in respect of the payment to an applicant of a severance payment exceeds the amount of any payment made to him under section 16 in respect of the severance payment, the rights or remedies of the applicant in respect of the amount of the excess shall be subject to the rights and remedies of the applicant in respect of the severance payment transferred to and vested in the Board pursuant to subsection (1). (Added 45 of 1991 s. 4)(2B) If- (a) an applicant is entitled to a payment under an occupational retirement scheme or is a person for whom accrued benefits in a mandatory provident fund scheme are held; and (b) an ex gratia payment in the form of a severance payment is made to the applicant under section 16,the applicant's rights and remedies are, to the extent of the amount of the ex gratia payment, transferred to, and vested in, the Board for the benefit of the Fund. The Board may take such steps as it considers necessary to enforce those rights and remedies. (Replaced 4 of 1998 s. 12) (2C) Subsection (2B) applies to a payment under an occupational retirement scheme or to the accrued benefits held in a mandatory provident fund scheme only to the extent that the payment is, or the benefits are, attributable to contributions made to the scheme by the employer who was liable to pay the relevant severance payment to the applicant. (Replaced 4 of 1998 s. 12) (3) In this section "wages" (工资) includes wages in lieu of notice. (Added 48 of 1987 s. 6) (Enacted 1985. Amended 38 of 1989 s. 6)_________________________________________________________________________________ Note: For transitional provision respecting severance payments, see s. 5 of 45 of 1991. Cap 380 s 25 Recovery of payment made by mistake Where- (a) any payment is made to any person from the Fund under a mistake of law or fact; or (b) notwithstanding that no person has been charged with or convicted of an offence under section 26, any payment is made to any person, in respect of an application that is false in any material particular,such payment shall be recoverable by the Board from the recipient thereof as a debt due to the Board. (Enacted 1985) Cap 380 s 26 Offences PART VII MISCELLANEOUS (1) Any person who- (a) in providing information for the purposes of this Ordinance including any inquiry thereunder, 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; or (b) for the purposes of this Ordinance including any inquiry thereunder and with intent to deceive, produces, supplies or sends, or otherwise makes use of, any document or record which is false in a material particular,commits an offence and is liable to a fine of $50000 and to imprisonment for 3 months. (2) Any person who, without reasonable excuse, fails to comply with any requirement imposed by the Commissioner under section 19(1) or (4) commits an offence and is liable to a fine of $5000 and to imprisonment for 1 month. (3) Without prejudice to any Ordinance relating to the prosecution of offences or to the powers of the Secretary for Justice in respect of the prosecution of criminal offences, a prosecution for any offence under this Ordinance may be brought in the name of the Commissioner and commenced and conducted by an officer of the Labour Department authorized in that behalf in writing by the Commissioner. (Amended L.N. 362 of 1997) |
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