XN000022-1988-06-01 — Page 8

WEDNESDAY, JUNE 1, 1988

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FINALLY, HE SAID THAT AS THE DEFINITION OF FLOATING CHANGES IN CLAUSE 18 WAS NOT EXHAUSTIVE AND MIGHT EVEN CREATE CONFUSION, IT HAD BEEN AGREED THAT THE PROPOSED DEFINITION BE DELETED ANJ SIMILAR AMENDMENTS SHOULD BE MADE TO SECTION 2A(11 OF THE LAND REGISTRATION ORDINANCE.

MR WONG THANKED THE REGISTRAR GENERAL, THE LAW DRAFTSMAN AND THE LEGAL DEPARTMENT FOR THEIR ASSISTANCE AND VALUABLE COMMENTS, AND HE ALSO THANKED THE LAW SOCIETY FOR ITS UNQUALIFIED SUPPORT.

AMENDMENT OFFERS ADDED PROTECTION FOR EMPLOYEES

A BILL ENABLING EX-GRATIA PAYMENTS ΤΟ BE MADE FROM THE PROTECTION OF WAGES ON INSOLVENCY FUND IN CASES WHERE TOTAL CLAIMS AGAINST THE EMPLOYER ARE $5,000 OR LESS WAS READ A SECOND TIME IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

THE PURPOSE OF THE PROTECTION OF WAGES ON INSOLVENCY (AMENDMENT) BILL 1988 WAS EXPLAINED BY THE SECRETARY FOR EDUCATION AND MANPOWER, THE HON RON BRIDGE.

THAT THE THE FUND

BOTH,

[IE SAID THAT THE PRESENT ORDINANCE PROVIDED COMMISSIONER FOR LABOUR MIGHT MAKE EX-GRATIA PAYMENTS FROM TO AN APPLICANT WHOSE WAGES OR WAGES IN LIEU OF NOTICE, OR WERE DUE AND UNPAID, PROVIDED THAT EITHER A BANKRUPTCY OR WINDING UP PETITION HAD BEEN PRESENTED AGAINST THE EMPLOYER.

HOWEVER, A SECTION IN THE BANKRUPTCY ORDINANCE DID THE PRESENTATION OF A BANKRUPTCY PETITION IF A DEBT OR THE OF DEBTS WAS $5,000 OR LESS.

NOT ALLOW TOTAL SUM

"SINCE APRIL 1985, WHEN THE FUND CAME INTO OPERATION, EIGHT APPLICATIONS INVOLVING 16 EMPLOYEES HAVE HAD ΤΟ BE REFUSED BY THE COMMISSIONER FOR LABOUR BECAUSE OF THIS RESTRICTION, MR BRIDGE SAID.

"

"IF CLAIMS OF $5,000 OR LESS ARE ACCEPTED, IT IS ESTIMATED THAT THERE WILL BE ABOUT 30 SUCH CLAIMS A YEAR, INVOLVING PAYMENT OF ABOUT $150,000 FROM THE FUND. THIS REPRESENTS LESS THAN ONE PER CENT OF ANNUAL PAYMENTS FROM THE FUND.

"CLAUSE 2 OF THE BILL SEEKS TO AMEND SECTION 16 OF THE ORDINANCE TO ENABLE THE COMMISSIONER FOR LABOUR TO MAKE EX-GRATIA PAYMENTS FROM THE FUND TO EMPLOYEES WHO ARE PREVENTED FROM PRESENTING A BANKRUPTCY PETITION BECAUSE OF THE RESTRICTION IN SECTION 6(1)(A) OF THE BANKRUPTCY ORDINANCE.

"

MR BRIDGE SAID THE AMENDMENT HAD THE SUPPORT OF BOTH THE LABOUR ADVISORY BOARD AND THE FUND BOARD.

DEBATE ON THE BILL. WAS ADJOURNED.

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