【法规名称】
【法规编号】 79959 什么是编号？
【正 文】
第11页 CAP 365 EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE
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[接上页] (Enacted 1991. Amended 16 of 2002 s. 21) Cap 365 s 34 Application of law of limitations For the purposes of any proceedings under this Part, the operation of any period of limitation for an action against an employer in respect of injury to an employee sustained by an accident shall, where the accident occurred on or after 1 January 1984 but before the commencement of this Ordinance, take effect as if the accident had occurred on the date on which this Ordinance commences. (Enacted 1991) Cap 365 s 35 Survival of rights (1) Subject to subsection (2), on the death of any person in whose favour the Board has determined an application under section 22, the rights and entitlement of that person as against the Board survive for the benefit of his estate. (Amended 16 of 2002 s. 22) (2) Subsection (1) does not apply in the case of any rights and entitlement of a person in respect of a relief payment. (Added 16 of 2002 s. 22) (Enacted 1991) Cap 365 s 36 Saving as to rights and liabilities under Cap. 282 Nothing in this Ordinance affects the rights or liabilities of any person under the Employees' Compensation Ordinance (Cap 282). (Enacted 1991) Cap 365 s 36A Surcharge (1) An employer who contravenes section 40(1) of the Employees' Compensation Ordinance (Cap 282) shall be liable to pay a surcharge to the Board in accordance with this section. (2) Subject to subsections (3) and (4), the amount of surcharge payable by an employer under subsection (1) shall be 3 times the levy payable to the Board under the Employees' Compensation Insurance Levies Ordinance (Cap 411) on the premium paid in respect of the policy of insurance obtained to cause the cessation of the contravention referred to in that subsection to which the surcharge relates. (3) Subject to subsection (4), the amount of surcharge payable by an employer under subsection (1) shall be the prescribed surcharge where- (a) the employer fails to comply with a requirement under subsection (5) in any case where paragraph (b) is not applicable and the Board is otherwise unable to obtain the information and particulars necessary for subsection (2) to apply in the case of the employer; or (b) the employer is not required to comply with section 40(1) of the Employees' Compensation Ordinance (Cap 282) to cause the cessation of the contravention referred to in that subsection to which the surcharge relates.(4) Where- (a) an employer has contravened section 40(1) of the Employees' Compensation Ordinance (Cap 282) ("first contravention"); (b) a notice in writing under subsection (6)(a) has been served on the employer in respect of the first contravention; and (c) the employer has, not later than 24 months after the date on which that notice was so served, again contravened section 40(1) of that Ordinance ("second contravention"),then, in the case of the second contravention, the amount of surcharge payable by the employer under subsection (1) by virtue of subsection (2) or (3) shall be multiplied by a factor of 2. (5) The Board may serve a notice in writing on an employer or insurer requiring the employer or insurer, as the case may be, to furnish information and particulars- (a) which enables the Board to determine, to its satisfaction, the amount of surcharge payable by the employer under subsection (1); and (b) within the period specified in the notice, being a period reasonable in all the circumstances of the case.(6) Where a surcharge is payable under this section by an employer- (a) the Board shall serve a notice in writing ("demand notice") on the employer, accompanied by a copy of this section in the Chinese and English languages, advising the employer- (i) of the surcharge, its amount, the grounds therefor and the period, being a period of not less than 30 days after the date of service of the demand notice, within which the employer shall pay the surcharge to the Board; and (ii) that the employer may, not later than 14 days after the date of service of the demand notice, serve a notice in writing ("review notice") on the Board requesting the Board to review, on the grounds specified in the review notice, the amount of the surcharge or the grounds therefor or both;(b) the Board shall carry out a review requested in a review notice and serve a notice in writing ("final notice") on the employer- (i) advising the employer that the demand notice is- (A) confirmed; (B) varied in the manner specified in the final notice and for the reasons stated therein; or (C) withdrawn; and(ii) not later than 30 days after receipt of the review notice.(7) An employer who is not satisfied with a determination of the Board as specified in a final notice under subsection (6)(b) may appeal against the determination to the District Court not later than 30 days after the final notice is served on the employer. (8) The District Court may in a particular case extend the period specified in subsection (7) where it thinks fit to do so. (9) On an appeal under subsection (7), the District Court may- |
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