【法规名称】
【法规编号】 79977 什么是编号？
【正 文】
第9页 CAP 282 EMPLOYEES' COMPENSATION ORDINANCE
|
[接上页] (3) An employer who fails without reasonable excuse to make payment in accordance with a Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case shall pay, in addition to the amount of compensation payable- (a) upon the expiry of the payment period, a surcharge of- (i) the amount specified in the second column of the Sixth Schedule shown opposite section 6D(3)(a) specified in the first column of that Schedule; or (ii) the percentage specified in the third column of the Sixth Schedule shown opposite section 6D(3)(a) specified in the first column of that Schedule of the amount of compensation then remaining unpaid, whichever is the greater; and(b) upon the expiry of 3 months after the expiry of the payment period, a further surcharge of- (i) the amount specified in the second column of the Sixth Schedule shown opposite section 6D(3)(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 6D(3)(b) specified in the first column of that Schedule of the amount then remaining unpaid of the aggregate of any amount of compensation referred to in paragraph (a) and the surcharge imposed under that paragraph, whichever is the greater.(4) An objection to a determination under section 6B(1)(a) may be made in writing- (a) by the employer, any person who has made an application under section 6B(1) or the ECAFB; (b) within 30 days after- (i) in the case of the employer or any person who has made an application under section 6B(1), the date of issue of the Certificate of Compensation Assessment for Fatal Case concerned; (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 member of the family of 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)(5) Without prejudice to the right of any other person to object to a determination under section 6B(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.(6) On receipt of an objection under subsection (4) or on a review under subsection (5), 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 section 6B(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 section 6B(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 members of the family 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 details thereof; (ii) details of the determination as varied; or (iii) that due to the reasons set out under section 6B(2), the Commissioner shall not continue to determine the claim;(d) send a copy of the certificate to each of the persons who has made an application under section 6B(1).(7) Upon the issue of a Review Certificate of Compensation Assessment for Fatal Case, the original Certificate of Compensation Assessment for Fatal Case to which it relates shall be cancelled. (8) A certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case, other than a Certificate cancelled under subsection (7), 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.(9) A Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case, other than a Certificate cancelled under subsection (7) may, on application to the Court by the employer, any person named in the Certificate, or the ECAFB, 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 (3). (Amended 16 of 2002 s. 33) (10) An employer who fails without reasonable excuse to comply with subsection (1) or (3) commits an offence and is liable to a fine at level 6. (11) For the purposes of this section- "date of issue" (发出日期) means the date appearing on the Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case; |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！