【法规名称】
【法规编号】 79959 什么是编号？
【正 文】
第12页 CAP 365 EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE
|
[接上页] (a) by order confirm, vary or cancel the determination of the Board as specified in the final notice the subject of the appeal; (b) make such order as to costs as it thinks fit.(10) A surcharge under this section shall be recoverable as a civil debt due to the Board. (11) In this section, "employer" (雇主) includes a former employer. (Added 16 of 2002 s. 23) Cap 365 s 37 Subrogation PART V RECOVERY OF PAYMENTS (1) Where a payment is made from the Fund under Part IV to any person ("the recipient"), being payment of an amount of compensation or damages which an employer, insurer or third party is liable to pay the recipient, all the rights and remedies of the recipient with respect to- (a) the compensation or damages existing immediately before the payment are, to the extent of the amount of the payment; and (b) any sum payable in respect of interest or costs in respect of the compensation or damages are,transferred to and vested in the Board for the benefit of the Fund. (Replaced 16 of 2002 s. 24) (2) (Repealed s. 46A(5) (see 16 of 2002 s. 30)) (3) The Board may take such steps as it considers necessary to enforce the rights and remedies transferred and vested in it under this section, including steps where the Board permits in writing the recipient or employer from whom the rights and remedies were transferred to take proceedings to recover, for the benefit of the Fund, the amount (or any part thereof) to which the rights and remedies relate. (Replaced 16 of 2002 s. 24) (4) Where the amount of compensation or damages for which an employer is liable exceeds the amount of any payment from the Fund in respect of that liability, nothing in this section affects the rights or remedies of the recipient of the payment as regards the amount of the excess. (5) (Repealed s. 46A(5) (see 16 of 2002 s. 30)) (6) For the purposes of this section- (a) any payment made under section 28 to a person shall be deemed as a payment which the employer is liable to make to the person; (b) a relief payment shall be deemed to be payment of an amount of damages,and the provisions of this section shall be construed accordingly. (Added 16 of 2002 s. 24) (Enacted 1991) Cap 365 s 37A Recovery of payment Where an eligible person receives any amount of damages in respect of an injury for which a relief payment has already been made, then the Board shall be entitled to recover from the eligible person as a civil debt such part, if any, of that amount which, taken together with the relief payment, is in excess of the amount of damages to which the eligible person is entitled. (Added 16 of 2002 s. 25) Cap 365 s 38 Recovery of payment made by mistake (1) Where any payment is made from the Fund under a mistake of law or fact, the payment is recoverable by the Board from the person to whom such payment was made as a debt due to the Board. (Amended 16 of 2002 s. 26) (2) (Repealed 16 of 2002 s. 26) (Enacted 1991) Cap 365 s 39 Recovery of payment where false statement by recipient (1) Where- (a) a payment is made from the Fund to a person ("the recipient" (收款人)) under Part IV; and (b) the recipient had, for the purposes of the application in respect of which the payment was made- (i) made any statement which he knew to be false in a material particular, or recklessly made a statement which was false in a material particular; or (ii) with intent to deceive, produced, supplied or sent or otherwise made use of any document or record which was false in a material particular,the payment is recoverable by the Board from the recipient as a debt due to the Board. (2) In this section "application" (申请) includes an inquiry by the Board under this Ordinance in respect of the application. (Enacted 1991) Cap 365 s 40 Offences PART VI MISCELLANEOUS (1) Any person who- (a) in providing information for the purposes of this Ordinance, including any inquiry under this Ordinance, makes any statement which he knows to be false, or does not believe to be true, 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 under this Ordinance, and with intent to deceive, produces, supplies or sends, or otherwise makes use of, any document or record or makes any declaration which is to his knowledge false, or which he does not believe to be true, in a material particular,commits an offence and is liable to a fine at level 6 and to imprisonment for 12 months. (Amended 16 of 2002 s. 27) (2) Any person who, without reasonable excuse, fails to comply with any requirement, or respond to any inquiry, imposed or made by the Board under section 21(4) or 25B(8) or, where the person is an insurer, 36A(5) commits an offence and is liable to a fine at level 2 and to imprisonment for 1 month. (Amended 16 of 2002 s. 27) (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 an offence under this Ordinance may be brought in the name of the Board and commenced and conducted by a member, or an officer, of the Board authorized in that behalf in writing by the Board. (Amended L.N. 362 of 1997) |
- 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！