【法规名称】
【法规编号】 79967 什么是编号？
【正 文】
第3页 CAP 360 PNEUMOCONIOSIS (COMPENSATION) ORDINANCE
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[接上页] (3) For the purposes of subsections (1)(b) and (2), the Board may, when ascertaining the reasonable consideration as referred to in those subsections in respect of the carrying out of any construction operations, have regard to all or any of the following matters- (a) the cost or value of materials used in the construction operations; (b) the cost or value of time, work and labour involved in the construction operations; (c) the equipment used in the construction operations; (d) such overhead costs incurred in relation to the construction operations as the Board considers reasonable; (e) the reasonable profit to be expected on the open market in respect of the carrying out of the construction operations; (f) any other factors that the Board considers appropriate. (Added 3 of 2004 s. 20) Cap 360 s 2B Total value of construction operations For the purposes of this Ordinance, "total value" (总价值), in relation to construction operations, means- (a) where the construction operations are carried out under a construction contract- (i) in the case the construction contract is a term contract, the aggregate of the respective values of all construction operations carried out as required by works orders issued under the contract; (ii) in the case the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the respective values of all stages of the operations so carried out; or (iii) in any other case, the value of the construction operations; or(b) where the construction operations are not carried out under a construction contract- (i) in the case the construction operations are or form part of any construction operations that are carried out in stages, the aggregate of the respective values of all stages of the operations so carried out; or (ii) in any other case, the value of the construction operations. (Added 3 of 2004 s. 20) Cap 360 s 2C Value of quarry products (1) For the purposes of this Ordinance, "value" (价值), in relation to quarry products, means the value of the quarry products. (2) The Board may, when ascertaining the value of any quarry products for the purposes of this Ordinance, have regard to all or any of the following matters- (a) the type and volume of the quarry products; (b) the market price of the quarry products at the time of production. (Added 3 of 2004 s. 20) Cap 360 s 3 Application to the Crown This Ordinance shall be binding on the Crown. Cap 360 s 3A Application to construction operations (1) This Ordinance does not apply to construction operations- (a) which are carried out for a person who occupies any domestic premises or part of any domestic premises; and (b) the sole or principal purpose of which is to decorate, alter, repair, maintain or renovate the premises or such part of such premises.(2) This Ordinance does not apply to any construction operations, or any type or description of construction operations, which are or is excluded from the application of this Ordinance by the Chief Executive in Council by order published in the Gazette. (3) Without limiting the generality of subsection (2), an order made under that subsection may specify the circumstances under which or the purposes for which any construction operations, or any type or description of construction operations, referred to in the order are or is to be excluded from the application of this Ordinance. (4) In this section- (a) "domestic premises" (住用处所) means premises used or intended to be used solely or principally for residential purposes and constituting a separate household unit; (b) a person shall be regarded as a person who occupies a domestic premises if he intends to occupy the premises. (Added 3 of 2004 s. 21) Cap 360 s 4 Entitlement to compensation PART II COMPENSATION (1) Subject to this section, and except where otherwise provided, compensation shall be payable- (a) to any person suffering from pneumoconiosis, in respect of any incapacity resulting from the pneumoconiosis and any pain, suffering and loss of amenities arising from the pneumoconiosis; and (Amended 4 of 1996 s. 3) (b) where any such person dies, and subject also to section 17(1), to the members of his family. (Replaced 54 of 1993 s. 3)(2) Compensation shall be payable under subsection (1) only where the date of diagnosis or date of death occurs on or after the date of commencement of this Part. (Amended 54 of 1993 s. 3) (3) No compensation shall be payable- (a) where ex gratia compensation has been or will be paid by the Government for any incapacity or death resulting from pneumoconiosis diagnosed before the date of commencement of this Part; (b) (Repealed 54 of 1993 s. 3) (c) to a person in the service of or formerly in the service of the Government who, in consequence of incapacity resulting from pneumoconiosis contracted in the discharge of his duties, is paid pension or gratuity which would not be payable if such incapacity were contracted otherwise than in the discharge of his duties, or in the case of his death, where such pension or gratuity is paid to the members of his family, under any Ordinance or regulation providing for the grant of such pension or gratuity; (Amended 54 of 1993 s. 3) |
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