【法规名称】
【法规编号】 79977 什么是编号？
【正 文】
第8页 CAP 282 EMPLOYEES' COMPENSATION ORDINANCE
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[接上页] (ii) the percentage specified in the third column of the Sixth Schedule shown opposite section 6C(8)(a) specified in the first column of that Schedule of the amount of interim payment then remaining unpaid, whichever is the greater; and (b) thereafter upon the expiry of 3 months after the expiry of the payment period, a surcharge of- (i) the amount specified in the second column of the Sixth Schedule shown opposite section 6C(8)(b) specified in the first column of that Schedule; or (ii) the percentage specified in the third column of the Sixth Schedule shown opposite section 6C(8)(b) specified in the first column of that Schedule of the amount of interim payment then remaining unpaid, whichever is the greater.(9) A person may object to a determination under subsection (1)(a) by sending an objection in writing signed by him to the Commissioner within 14 days from the date of issue of the Certificate of Interim Payment, or within such further time as the Commissioner, in the circumstances of any particular case, thinks fit, stating the grounds of the objection. (10) 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.(11) On receipt of an objection under subsection (9) or on a review under subsection (10), the Commissioner shall- (a) in the case of an objection, send a copy of the objection to any other person who has made an application under section 6B(1) and to the employer if the employer is not the objector; (b) review the determination under subsection (1)(a) concerned and confirm or vary the determination as he thinks fit (including ceasing interim payments); (c) upon completing the review, issue to the employer and the spouse a certificate in such form as he may specify stating- (i) that the original determination is confirmed and giving details thereof; (ii) details of the determination as varied; and(d) send a copy of the Certificate to each of the persons who has made an application under section 6B(1).(12) Upon the issue of a Review Certificate of Interim Payment, the Certificate of Interim Payment to which it relates shall be cancelled. (13) A Certificate of Interim Payment or Review Certificate of Interim Payment, other than a Certificate cancelled under subsection (12), 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.(14) A Certificate of Interim Payment or Review Certificate of Interim Payment, other than a Certificate cancelled under subsection (12) may, on application to the Court by the employer or the spouse of the employee, be made an order of the Court and, for the purposes of this subsection, the amount payable under any such Certificate shall include any surcharge payable under subsection (8). (15) An employer who fails without reasonable excuse to comply with subsection (4) or (8) commits an offence and is liable to a fine at level 6. (16) This section shall not apply in the case of a member of the family where the employee was in the service of the Government unless and until the member gives up his rights under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99), the Pension Benefits (Judicial Officers) Ordinance (Cap 401) and the Auxiliary Forces Pay and Allowances Ordinance (Cap 254) to receive pension or gratuities arising from the death of the employee in consequence of injury received in the discharge of his duties. (17) For the purposes of this section- "date of issue" (发出日期) means the date appearing on the Certificate of Interim Payment or Review Certificate of Interim Payment; "payment period" (付款期) means the appropriate period of payment referred to in subsection (4); "spouse" (配偶) does not include a cohabitee. (Added 52 of 2000 s. 6) Cap 282 s 6D Payment of compensation and objection to determination of Commissioner (1) Where the Commissioner determines a claim under section 6B(1)(a) (including any case where such a determination is varied under this section), compensation, other than interim payments payable under a Certificate of Interim Payment or Review Certificate of Interim Payment, shall be payable by the employer not earlier than 42 days but not later than 49 days after the date of issue of the Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case, as the case may be. (2) If any person named in the Certificate of Compensation Assessment for Fatal Case has received any interim payment or payment under section 13(3), the employer shall only be required to pay the balance of the amount of compensation, if any, stated in the Certificate after deducting from that amount the amount of any such payment paid to that person. |
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