【法规名称】
【法规编号】 79959 什么是编号？
【正 文】
第4页 CAP 365 EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE
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[接上页] (3) The Director of Audit may submit to the Legislative Council the results of any examination carried out by him under subsection (1). (4) Subsection (1) shall not be construed as entitling the Director of Audit to question the merits of any of the Board's policy objectives. (Enacted 1991) Cap 365 s 15 Annual report Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 (1) The Board shall, not later than 9 months, or such longer period as the Chief Executive may determine, after the end of each financial year, submit- (a) a report on the activities and affairs of the Board for that year; (b) a copy of its statements of the accounts for that year; and (c) the auditor's report on the accounts,to the Chief Executive. (2) Any report or statement submitted to the Chief Executive under subsection (1) shall be laid on the table of the Legislative Council. (Enacted 1991. Amended 56 of 2000 s. 3) Cap 365 s 16 Application by employee etc. for payment from the Fund in relation to unpaid compensation PART IV PAYMENTS FROM THE FUND Claims against the Fund (1) A person who is unable to recover from an employer payment of an amount of compensation for which the employer is liable may apply for payment of that amount from the Fund. (Replaced 16 of 2002 s. 6) (2) For the purpose of this section an employer is not to be regarded as liable for the payment of an amount of compensation unless- (Amended 16 of 2002 s. 6) (a) the amount is payable- (Amended 16 of 2002 s. 6) (i) pursuant to a judgment or order of a court or tribunal of competent jurisdiction in Hong Kong; (ii) by virtue of section 16A(9) of the Employees' Compensation Ordinance (Cap 282) following an assessment of compensation by the Commissioner under that section; or (iii) pursuant to a Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case issued under the Employees' Compensation Ordinance (Cap 282); (Amended 16 of 2002 s. 6) (iv) (Repealed 16 of 2002 s. 6)(b) in the case of an amount of medical expenses, a certificate has been issued by the Commissioner under section 10B(1) or (2) of the Employees' Compensation Ordinance (Cap 282) in respect of that amount; (Amended 1 of 1995 s. 17; 52 of 2000 s. 40) (c) in the case of a claim by the Director of Health ("the Director") for the cost of supplying and fitting a prosthesis or surgical appliance for which the employer is liable under section 36B of the Employees' Compensation Ordinance (Cap 282)- (i) a request for payment has been made by the Director in accordance with section 36D of that Ordinance; (ii) the time for service of a notice of grounds of dispute by the employer under section 36E of that Ordinance has expired; and (iii) no such notice has been served on the Director; or (Amended 52 of 2000 s. 40)(d) in the case of reimbursement of the expenses of the funeral of the deceased employee and expenses of the medical attendance on the deceased employee, a Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses has been issued under the Employees' Compensation Ordinance (Cap 282). (Added 52 of 2000 s. 40)(3) For the purpose of this section a person is not to be regarded as being unable to recover from an employer payment of an amount of compensation for which the employer is liable unless the person has taken such proceedings to recover payment of the amount- (a) from, wherever applicable- (i) the employer; (ii) the principal contractor who is liable to pay compensation to the person under section 24 of the Employees' Compensation Ordinance (Cap 282); and (iii) an insurer who has issued a policy of insurance- (A) which is in force in relation to the injured employee at the time of the accident concerned; and (B) indemnifying the employer, or the principal contractor mentioned in subparagraph (ii), in respect of such liability; and(b) as are reasonable in the circumstances, having regard to the likely cost of such proceedings, the resources available to the person and the amount likely to be recovered from, wherever applicable, the employer, the principal contractor and the insurer. (Replaced 16 of 2002 s. 6)(4) Notwithstanding subsections (1) and (3), where- (a) compensation under section 6(1) of the Employees' Compensation Ordinance (Cap 282) payable pursuant to- (i) a Certificate of Compensation Assessment for Fatal Case; or (ii) a Review Certificate of Compensation Assessment for Fatal Case; or(b) reimbursement under section 6(5) of that Ordinance payable pursuant to- (i) a Certificate for Funeral and Medical Attendance Expenses; or (ii) a Review Certificate for Funeral and Medical Attendance Expenses,has been fully paid by the employer or his insurer, no application shall lie for the payment thereof from the Fund. (Added 52 of 2000 s. 40) (Enacted 1991) Cap 365 s 17 (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4)) |
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