【法规名称】
【法规编号】 79959 什么是编号？
【正 文】
第9页 CAP 365 EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE
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[接上页] (c) where the insurer concerned is insolvent, the Board may apply to the court to join in the proceedings as a party in accordance with Order 15, rule 6 of the Rules of the High Court (Cap 4 sub. leg. A) or Order 15, rule 6 of the Rules of the District Court (Cap 336 sub. leg. H), as the case may require. (Added 16 of 2002 s. 17)___________________________________________________________________ Note: * Commencement date: 1 July 2002. Cap 365 s 25B Notification of proceedings (1) Where, after the commencement* of this section, a person commences by writ proceedings in respect of a claim for compensation or damages, the person shall serve on the Board and, where applicable, the insurer concerned a notice of the proceedings- (a) in writing in a form specified by the Board, signed by the person and accompanied by a copy of the writ; (b) by registered post; and (c) subject to subsection (2), not later than 30 days after the date on which the writ is filed with the court.(2) The Board may extend the period specified in subsection (1) in the case of a person who satisfies the Board, by notice in writing served on the Board, that there are good reasons why the person cannot, or failed to, comply with subsection (1) within that period. (3) A person who has served a notice under subsection (1) on the Board and who intends, within 45 days after the date on which the notice has been so served, to- (a) enter into an agreement with the other party in respect of the settlement of the claim to which the notice relates; or (b) obtain any judgment against the other party in respect of the claim to which the notice relates,shall, subject to subsection (4), not less than 10 days before the date of such agreement or judgment, as the case may be, serve a notice in writing on the Board informing the Board that the person intends to enter into an agreement or obtain a judgment, as the case may be, in respect of that claim within 45 days after the date on which the first-mentioned notice has been served on the Board. (4) The Board may shorten the period of 10 days specified in subsection (3) in the case of a person who satisfies the Board, by notice in writing served on the Board, that there are good reasons why the person cannot, or failed to, comply with that subsection in relation to that period. (5) It is hereby declared that- (a) separate notices are required under subsection (1) in respect of a claim for compensation and a claim for damages; (b) a notice under subsection (1) may be accompanied by a notice under subsection (3).(6) A person who fails to comply with subsection (1) or (3) in respect of a claim mentioned in that subsection shall not be entitled to any payment under this Ordinance in respect of the claim, and notwithstanding the other provisions of this Ordinance. (7) Upon receipt of a notice under this section, the Board shall carry out such inquiries as it considers necessary to facilitate the proper carrying out of the functions of the Board in relation to the claim to which the notice relates. (8) For the purpose of carrying out inquiries under this section, the Board may- (a) require the employer (or the employer's representative) or the employee or his member of the family or representative, the employer's insurer or any other employee of the employer to furnish such information or particulars relating to the claim; and (b) make such inquiries from any other person connected or associated with the claim,as the Board considers necessary. (Added 16 of 2002 s. 17)___________________________________________________________________ Note: * Commencement date: 1 July 2002. Cap 365 s 26 Priority of payments from the Fund Miscellaneous (1) Notwithstanding this Ordinance or any other law, where an amount is liable to be paid from the Fund under this Part, no part of such amount becomes payable by the Board unless and until- (a) there are sufficient moneys available to the Fund to pay the whole of such amount; and (b) all other such amounts which have priority over that amount for the purposes of this section, being amounts which would otherwise be payable by the Board, have been paid from the Fund or have been provided for by the Board.(2) Payments from the Fund shall be made only in accordance with the following priority- (a) amounts liable to be paid in respect of applications under section 16 shall have priority over amounts liable to be paid in respect of applications under section 20A; (Replaced 16 of 2002 s. 18. Amended s. 46A(3) (see 16 of 2002 s. 30)) (b) (Repealed s. 46A(3) (see 16 of 2002 s. 30)) (ba) (Repealed s. 46A(3) (see 16 of 2002 s. 30)) (bb) amounts liable to be paid in respect of applications under section 20A where section 20C(1) or (2)(a) is applicable shall have priority over amounts liable to be paid in respect of applications under that section where section 20C(2)(b) is applicable; (Added 16 of 2002 s. 18. Amended s. 46A(3) (see 16 of 2002 s. 30)) (bc)-(bd) (Repealed s. 46A(3) (see 16 of 2002 s. 30)) |
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