【法规名称】
【法规编号】 79977 什么是编号？
【正 文】
第11页 CAP 282 EMPLOYEES' COMPENSATION ORDINANCE
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[接上页] (ii) in the case of the ECAFB, the date on which an application is made under section 16 of the Employees Compensation Assistance Ordinance (Cap 365) by a person who is entitled to the reimbursement of the expenses of the funeral of the deceased employee or of the expenses of the medical attendance on the deceased employee, or within such further time as the Commissioner, in the circumstances of any particular case, thinks fit; and(c) stating the grounds of the objection. (Replaced 16 of 2002 s. 33)(11) Without prejudice to the right of any other person to object to a determination under subsection (1)(a), the Commissioner may on his own initiative review any such determination at any time if he considers that it- (a) was made in ignorance of, or under a mistake as to the circumstances of the claim; or (b) was based upon any false or misleading information or statement given or made to the Commissioner.(12) On receipt of an objection under subsection (10) or on a review under subsection (11), the Commissioner shall- (a) in the case of the objection, send a copy of the objection to any other person who has made an application under subsection (1), to the employer if the employer is not the objector and to the ECAFB if the ECAFB, as the case requires, is not the objector; (Amended 16 of 2002 s. 33) (b) review the determination under subsection (1)(a) concerned and confirm or vary the determination as he thinks fit; (c) upon completing the review, issue to the employer, each of the person who has made an application under subsection (1) and the ECAFB, as the case requires, a certificate in such form as he may specify stating- (Amended 16 of 2002 s. 33) (i) that the original determination is confirmed and giving the details thereof; or (ii) details of the determination as varied.(13) Upon the issue of a Review Certificate for Funeral and Medical Attendance Expenses, the Certificate for Funeral and Medical Attendance Expenses to which it relates shall be cancelled. (14) A Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses, other than a Certificate cancelled under subsection (13), purporting to be issued and signed by or for the Commissioner shall be admitted in evidence without further proof on its production before any Magistrate or in any court, and- (a) until the contrary is proved it shall be presumed that the Certificate is so issued and signed; and (b) shall be evidence of the matters stated therein.(15) A Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses, other than a Certificate cancelled under subsection (13) may, on application to the Court by the employer, the persons named in the Certificate, or the ECAFB, be made an order of the Court and the amount payable under the Certificate shall include any surcharge payable under subsection (9). (Amended 16 of 2002 s. 33) (16) An employer who fails without reasonable excuse to comply with subsection (8) or (9) commits an offence and is liable to a fine at level 6. (17) The Commissioner shall not determine or continue to determine under subsection (1) a claim for funeral expenses or medical attendance expenses where- (a) the employer does not give his consent in writing signed by him to the Commissioner to make such determination; (b) the employer gives his consent to the Commissioner to determine the claim but prior to the determination withdraws such consent by notice in writing signed by him to the Commissioner; (c) any party to the claim, at any time prior to the issue of the Certificate for Funeral and Medical Attendance Expenses, declines determination by the Commissioner; (d) a claim for funeral and medical attendance expenses has been filed with the Court; or (e) in the Commissioner's opinion, the claim is not suitable for such determination.(18) For the purposes of this section- "date of issue" (发出日期) means the date of issue appearing on the Certificate for Funeral and Medical Attendance Expenses or the Review Certificate for Funeral and Medical Attendance Expenses; "expenses for medical attendance" (医护费) means any expenses incurred by any person other than the deceased employee for the convalescence given in a hospital or medical treatment given to the employee arising from the accident before his death; "payment period" (付款期) means the appropriate period of payment referred to in subsection (8). (Added 52 of 2000 s. 6) Cap 282 s 6F Supply of particulars to Commissioner (1) For the purposes of making a determination under section 6B(1)(a), 6C(1)(a) or (11), 6D(6)(b) or 6E(1)(a) or (12), the Commissioner may by notice in writing require- (a) any person making the claim; and (b) the employer of the employee and if the employer is a sub-contractor, the principal contractor,to provide such particulars in writing as the Commissioner thinks necessary, or by the production of documents or the submission of copies of documents, as the Commissioner may direct. |
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