【法规名称】
【法规编号】 79955 什么是编号？
【正 文】
第7页 CAP 380 PROTECTION OF WAGES ON INSOLVENCY ORDINANCE
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[接上页] (4) Where a complaint is made or an information laid for an offence under this Ordinance by the Commissioner or any officer authorized under subsection (3), the complainant or informant shall be deemed to be acting on behalf of the Secretary for Justice. (Amended L.N. 362 of 1997; 23 of 2002 s. 5) (Enacted 1985) Cap 380 s 27 Regulations Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 The Chief Executive in Council may by regulations- (Amended 54 of 2000 s. 3) (a) prescribe anything required or permitted to be prescribed under this Ordinance; (b) provide for the better carrying into effect of the provisions of this Ordinance. (Enacted 1985) Cap 380 s 28 Power of Chief Executive to amend Schedule Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 The Chief Executive may by notice in the Gazette amend the Schedule. (Enacted 1985. Amended 54 of 2000 s. 3) Cap 380 s 29 Transitional (1) The Protection of Wages on Insolvency (Amendment) Ordinance 1987 (48 of 1987) ("the amending Ordinance" (该修订条例)) shall apply to and in relation to any payment to be made in accordance with section 38 of the Bankruptcy Ordinance (Cap 6), or section 265 of the Companies Ordinance (Cap 32), after the commencement of the amending Ordinance, notwithstanding that any debt to which such payment relates was incurred before that commencement. (Amended 68 of 1996 s. 3) (2) Section 2 of the Protection of Wages on Insolvency (Amendment) Ordinance 1996 (68 of 1996) shall not apply to an application under section 15(1) made to the Commissioner before the commencement* of that Ordinance. (Added 68 of 1996 s. 3) (Incorporated 48 of 1987 s. 9)_________________________________________________________________________________ Note: * Commencement date: 6 December 1996. Cap 380 SCHEDULE [sections 3 & 28] PROTECTION OF WAGES ON INSOLVENCY FUND BOARD 1. Status of Board The Board shall not be the servant or agent of the Government nor shall it enjoy any status, immunity or privilege of the Government. (Amended 23 of 2002 s. 32) 2. Seal (1) The Board shall have a common seal, the affixing of which shall be authenticated by the signature of any 2 members. (2) Any document purporting to be a document duly executed under the seal of the Board shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. 3. Tenure of members (1) A member of the Board who is not a public officer shall, unless his appointment is terminated or otherwise ceases, hold office for such period as the Chief Executive may specify. (2) On the expiry of his period of appointment or re-appointment, any member to whom subparagraph (1) applies shall be eligible for re-appointment for such further term as the Chief Executive may specify. (3) Any member to whom subparagraph (1) applies may at any time resign from office by giving notice in writing to the Chief Executive, and he shall cease to be a member from the date specified in the notice or, if no date is specified, from the date of the receipt by the Chief Executive of the notice. (4) If any member of the Board, other than the Chairman, is absent from Hong Kong or is for any other reason unable to exercise the powers or perform the duties of his office as member, the Chief Executive may appoint another person to be a temporary member in his place during his absence or incapacity. (Amended 54 of 2000 s. 3) 4. Chairman (1) The Chief Executive shall appoint a person to be Chairman of the Board and shall give notice of such appointment by notice in the Gazette. (2) If the Chairman is absent from Hong Kong or is for any other reason unable to act as Chairman, the Chief Executive may appoint another person to be Chairman in his place during his absence or incapacity and shall give notice of such appointment by notice in the Gazette. (3) At any meeting of the Board the Chairman shall have a casting vote in addition to a deliberative vote. (Amended 54 of 2000 s. 3) 5. Meetings and proceedings of the Board (1) Meetings of the Board shall be held at such times and places as the Chairman or person acting as Chairman may appoint. (2) The quorum for meetings of the Board shall be 5. (3) Subject to this Schedule the Board may determine its own procedure. 6. Transaction of business by circulation of papers The Board may transact any of its business by the circulation of papers, and a resolution in writing which is approved by a majority of the members shall be valid and effectual as if it had been passed at a meeting of the Board by the votes of its members so approving the resolution. 7. Board may delegate to Commissioner The Board may by resolution, with or without restrictions or conditions as it thinks fit, delegate in writing to the Commissioner any of its powers and duties other than its power under section 4(1)(b) or 17(3). 8. Committees The Board may create and appoint such committees for any general or special purposes as it thinks fit and, in relation to such committees,- (a) the Chairman shall be appointed by the Board; and (b) the Chairman and at least 2 out of every 3 persons appointed to a committee shall be members of the Board. 9. Board may delegate to Committee The Board may by resolution, with or without restrictions or conditions as it thinks fit, delegate in writing to any committee appointed under paragraph 8 any of its powers and duties other than its power under section 4(1)(b) or 17(3). _________________ Note : Section 4 of 15 of 1993 which amended the Protection of Wages on Insolvency Ordinance is a transitional provision that affects this Ordinance. (Enacted 1985) |
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