【法规名称】
【法规编号】 79959 什么是编号？
【正 文】
第2页 CAP 365 EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE
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[接上页] "Secretary" (局长) means the Secretary for Economic Development and Labour. (Replaced L.N. 106 of 2002) "severely injured relevant eligible person" (重伤的有关合资格人士), in relation to a relief payment, means an eligible person- (a) who falls within paragraph (a)(i) of the definition of "eligible person"; (b) who suffers from paraplegia or quadriplegia as a result of the employment-related injury concerned such that he is unable to perform the essential actions of life without the care and attention of another person; and (c) in respect of whom a court of competent jurisdiction in Hong Kong has, in relation to the employment-related injury concerned, awarded expenses for the care and attention by another person in respect of the period after the award is made; (Added 16 of 2002 s. 3)"spouse" (配偶), in relation to an employee, does not include a person who, at the time of the death of the employee, has ceased to be the employee's spouse; (Added 16 of 2002 s. 3) (Amended 52 of 2000 s. 39)(2) For the purposes of the definition of "eligible person"- (a) an adoption means an adoption- (i) made under an adoption order made in accordance with the Adoption Ordinance (Cap 290); (ii) to which section 17 of the Adoption Ordinance (Cap 290) applies; or (iii) made in Hong Kong in accordance with Chinese law and custom before 1 January 1973; and(b) any person so adopted shall be treated as the child of the adopter, and not as the child of any other person, and all relationships to the adopted person shall be deduced accordingly. (Added 16 of 2002 s. 3) (Enacted 1991) Cap 365 s 3 Constitution of the Board PART II EMPLOYEES COMPENSATION ASSISTANCE FUND BOARD (1) There is constituted a body corporate to be known as the Employees Compensation Assistance Fund Board having perpetual succession and capable of suing and being sued. (2) The Board shall consist of- (a) a chairman appointed by the Chief Executive; (Amended 56 of 2000 s. 3) (b) 6 members appointed by the Chief Executive of whom- (Amended 16 of 2002 s. 4) (i) 2 are persons who in the opinion of the Chief Executive represent employers; (ii) 2 are persons who in the opinion of the Chief Executive represent employees; (Amended 16 of 2002 s. 4) (iii) 1 is a person having expertise in the practice of accounting, investment or law; and (Amended 56 of 2000 s. 3; 16 of 2002 s. 4) (iv) 1 is a person having expertise in the practice of insurance; (Added 16 of 2002 s. 4)(c) the Commissioner or his representative; and (d) the Director of Legal Aid or his representative. (3) Notice of any appointment made under this section shall be published in the Gazette. (4) Schedule 1 has effect as regards the Board and its members. (5) The Chief Executive may by order amend Schedule 1. (Amended 56 of 2000 s. 3) (6) The Board is not a servant or agent of the Government, nor does it enjoy any status, immunity or privilege of the Government. (Amended 23 of 2002 s. 30) (Enacted 1991) Cap 365 s 4 Functions of the Board The functions of the Board are- (a) to hold the Fund upon trust to administer the Fund in accordance with the objects of this Ordinance; (b) to receive on behalf of the Fund any sum representing the net resources of the Employees' Compensation Insurance Levies Management Board distributed to the Board pursuant to section 7 of the Employees' Compensation Insurance Levies Ordinance (Cap 411); (c) to consider applications from persons applying for payment from or relief under the Fund; (d) from time to time to advise the Employees' Compensation Insurance Levies Management Board with respect to the amounts of known and anticipated claims against the Fund,and such other functions as may be assigned to it under this Ordinance. (Enacted 1991) Cap 365 s 5 Powers of the Board (1) The Board may do all such things as are expedient for or conducive to the attainment of the functions referred to in section 4 or which, in the opinion of the Board, are necessary to facilitate the proper carrying out of the functions of the Board. (2) Without restricting the generality of subsection (1) the Board may- (a) hold, acquire or take on lease movable and immovable property and sell, let or otherwise dispose of or deal with such property; (b) appoint such employees as it may determine on such terms and conditions of service as it thinks fit including the payment of allowances, benefits, gratuities, pensions and remuneration; (c) make or provide ex gratia payments to any employee of the Board, or to the personal representative of a deceased employee of the Board or to any other person who was dependent on such employee at his death; (d) subject to section 11, invest the moneys of the Fund in such manner and to such extent as it considers expedient and prudent; (e) subject to the approval of the Financial Secretary, borrow moneys, in such manner and on such securities or terms as it considers expedient and prudent, for payment into the Fund; and |
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