【法规名称】
【法规编号】 79967 什么是编号？
【正 文】
第12页 CAP 360 PNEUMOCONIOSIS (COMPENSATION) ORDINANCE
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[接上页] (3) The Third Schedule shall have effect with respect to the Board. Cap 360 s 26 Functions and powers of the Board Remarks: Adaptation amendments retroactively made - see 3 of 2004 s. 38 (1) The Board shall have the following functions- (a) to administer the Fund; (b) to make recommendations to the Government with respect to the rate of levy; (Amended 65 of 1987 s. 2) (ba) to conduct and finance educational, publicity, research and other programmes to prevent pneumoconiosis and to conduct and finance programmes for the rehabilitation of persons suffering from pneumoconiosis; (Added 65 of 1987 s. 2. Amended 54 of 1993 s. 28; 4 of 1996 s. 7) (bb) to administer funds received from the Government and designated by the Government as ex gratia payments to persons diagnosed before the commencement of Part II to be suffering from pneumoconiosis; and (Added 54 of 1993 s. 28) (c) to perform such other duties as are imposed on it by this Ordinance.(2) The Board may do all such things as are necessary for, or incidental or conducive to, the better carrying out of the functions of the Board and may in particular, but without prejudice to the generality of the foregoing- (a) hold, acquire or lease all kinds of property, whether movable or immovable; (b) subject to subsection (3), sell or otherwise dispose of all kinds of property whether movable or immovable; (c) enter into, assign or accept the assignment of, and vary or rescind any contract or obligation; (d) subject to subsection (4), meet expenditure on any item shown in the approved estimates of expenditure of the Board, borrow or otherwise raise money on such security as may be necessary, and for that purpose, charge all or any of the property of the Board; (e) make charges for the use of any facility or service provided by the Board.(3) The Board shall not sell or otherwise dispose of land granted at nil premium by the Government except with the prior approval of the Chief Executive. (Amended 3 of 2004 s. 38) (4) Except with the prior approval of the Financial Secretary, no sum shall be borrowed or otherwise raised under subsection (2)(d) which itself, or together with all other sums previously borrowed or otherwise raised under that subsection and still outstanding, exceeds, or in the aggregate exceeds, 10 per cent of the approved total estimated expenditure for the current financial year. Cap 360 s 27 Establishment of Pneumoconiosis Compensation Fund PART VI FINANCIAL PROVISIONS (1) There is hereby established a Pneumoconiosis Compensation Fund which shall consist of- (a) any moneys recovered by way of levy, surcharge, penalty and further penalty; (Amended 1 of 1983 s. 3) (aa) any moneys recovered by the Board from a third party in accordance with section 40A; (Added 54 of 1993 s. 29) (b) any moneys provided by the Government for the purposes of the Fund; and (c) any other moneys lawfully received by the Board for its purposes.(2) The Fund shall be vested in the Board. Cap 360 s 28 Payments by the Board from the Fund The Board shall pay from the Fund the following- (a) compensation under this Ordinance; (b) damages, interest and costs payable or settled under section 13; (ba) any sums, including costs, payable in respect of an appeal, or the compromise of an appeal or a proposed appeal, under section 20; (Added 54 of 1993 s. 30) (c) any sums payable under section 19; (ca) funeral expenses payable under section 5B; (Added 54 of 1993 s. 30) (d) expenses for medical treatment and medical appliances; (Replaced 54 of 1993 s. 30) (e) medical examination fees for medical examinations under section 23; (ea) expenses incurred by the Board for the purposes of section 26(1)(ba); (Added 65 of 1987 s. 3) (f) expenses incurred by the Board for the purposes of this Ordinance, including fees charged by the Financial Secretary for services provided to the Board by the Government; (Amended 54 of 1993 s. 30) (g) any other sums payable by the Board by virtue of or under this Ordinance. Cap 360 s 29 Estimates and financial year Remarks: Adaptation amendments retroactively made - see 3 of 2004 s. 38 (1) In each financial year, before a date to be appointed by the Chief Executive, the Board shall submit to the Chief Executive a programme of its proposed activities and estimates of its income and expenditure for the next financial year. (2) The Board may, from time to time, with the prior approval of the Chief Executive, fix a period to be the financial year of the Board. (3) The Chief Executive may approve or reject the programme and estimates submitted to him under subsection (1) and, in the case of a rejection, may require the Board to resubmit, within such time as he may direct, the programme or estimates, or both, modified in such manner as he may direct. (Added 65 of 1987 s. 4) (4) The Board shall comply with any requirement under subsection (3). (Added 65 of 1987 s. 4) (5) The Board may from time to time vary the estimates submitted under subsection (1), even after their approval by the Chief Executive, and if it does so shall inform the Chief Executive in writing of the details of the variation. (Added 65 of 1987 s. 4) |
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