【法规名称】
【法规编号】 79967 什么是编号？
【正 文】
第2页 CAP 360 PNEUMOCONIOSIS (COMPENSATION) ORDINANCE
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[接上页] (b) fibrosis of the lungs due to dust of asbestos or dust containing asbestos, whether or not such disease is accompanied by tuberculosis of the lungs, or any other disease caused by exposure to such dust;"Pneumoconiosis Medical Board" (肺尘埃沉着病判伤委员会) means the Pneumoconiosis Medical Board appointed under section 22; "quarry" (石矿场) means any works or system of works the principal purpose of which is to- (a) extract from the earth any rock or stone for commercial purposes; or (b) crush rock or stone for commercial purposes; (Added 3 of 2004 s. 19)"quarry operator" (石矿场经营人) means- (a) in relation to a Government quarry, the person managing or in charge of that quarry; (b) in relation to a quarry other than a Government quarry, the person operating that quarry; (c) in relation to a stone crushing plant, the person operating that stone crushing plant;"quarry products" (石矿产品) means all crushed rock, stone and sand extracted or produced in a quarry; (Added 3 of 2004 s. 19) "specified amount" (指明数额) means the amount specified in Part 1 of Schedule 5; (Added 3 of 2004 s. 19) "specified rate" (指明征款率)- (a) in relation to construction operations, means the rate of levy specified in Division 1 of Part 2 of Schedule 5; or (b) in relation to quarry products, means the rate of levy specified in Division 2 of Part 2 of Schedule 5; (Added 3 of 2004 s. 19)"surcharge" (附加费) means the surcharge imposable under this Ordinance; (Added 1 of 1983 s. 2) "term contract" (固定期合约) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); (Added 3 of 2004 s. 19) "total incapacity" (完全丧失工作能力) means incapacity to the degree of 100% as determined in accordance with the Fourth Schedule; (Replaced 54 of 1993 s. 2) "total value" (总价值), in relation to construction operations, has the meaning assigned to it in section 2B; (Added 3 of 2004 s. 19) "value" (价值)- (a) in relation to construction operations, has the meaning assigned to it in section 2A; (b) in relation to quarry products, has the meaning assigned to it in section 2C; (Replaced 3 of 2004 s. 19)"works order" (施工通知) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317). (Added 3 of 2004 s. 19) (Amended 54 of 1993 s. 2; 3 of 2004 s. 19)(2) (Repealed 54 of 1993 s. 2) (3) For the purposes of this Ordinance- (a) where a person carries out any construction operations for any other person under a contract of employment, the construction operations shall be regarded as carried out by- (i) subject to subparagraph (ii), that other person; or (ii) where the first-mentioned person is a contractor by virtue of paragraph (a)(i) of the definition of "contractor" in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317), the first-mentioned person;(b) where a person carries out any construction operations for himself without arrangement (except under a contract of employment) for the carrying out of such operations by any other person, the first-mentioned person shall, apart from being the person who carries out the construction operations, also be regarded as the person for whom such operations are carried out,and the definitions of "contractor" and "construction employer" and the other provisions of this Ordinance shall be construed accordingly. (Added 3 of 2004 s. 19) (4) For the purposes of this Ordinance, a person shall be regarded as undertaking or carrying out construction operations if- (a) he manages, or arranges for, the carrying out of the construction operations by any other person for the construction employer concerned, whether by way of subcontracting or otherwise; or (b) he provides his own labour or that of any other person for the carrying out of the construction operations. (Added 3 of 2004 s. 19) Cap 360 s 2A Value of construction operations (1) For the purposes of this Ordinance, "value" (价值), in relation to construction operations, means- (a) where the construction operations are carried out under a construction contract, the consideration attributable to such operations, as stated in, or ascertainable by reference to, the contract; or (b) where the construction operations are not carried out under a construction contract, the reasonable consideration to be expected on the open market in respect of the carrying out of such operations.(2) Notwithstanding subsection (1)(a), if in a particular case the consideration attributable to the construction operations concerned as determined in accordance with that subsection is below the reasonable consideration to be expected on the open market in respect of the carrying out of such operations, that subsection shall be deemed to contain a reference to the reasonable consideration described in this subsection instead of the consideration described in that subsection. |
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