XN000022-1992-07-08 — Page 24

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די זח

·

TY B, 1952

HAD

HE SAID AN AD HỌC GROUP CHAIRED BY THE HON HENRY TANG EXAMINED THE BILL IN DETAIL AND HE BELIEVED THAT THERE WAS NO DISAGREEMENT THAT THE "CROSS-HARBOUR" PROVISION WAS ANACHRONISTIC SHOULD BE REMOVED.

AND

WAY

"THE ADMINISTRATION HAS CONSIDERED VERY CAREFULLY WHETHER ANY OTHER SIMPLE AND OBJECTIVE CRITERIA OR GUIDELINES COULD BE DRAWN UP BUT HAS CONCLUDED THAT IT WOULD BE QUITE IMPOSSIBLE TO DO SO IN A WHICH

AS WOULD COVER ALL EVENTUALITIES OR EVEN A CRITERION SUCH CHANGE OF DISTANCE MAY ACTUALLY INVOLVE NO MORE THAN CROSSING STREET FROM ONE DISTRICT TO ANOTHER, HE SAID.

中미

THE

THE

"WE BELIEVE THAT EACH CASE WOULD BEST BE DEALT WITH INDIVIDUALLY HAVING REGARD TO ALL THE CIRCUMSTANCES.

C

'IN CASES OF DISPUTE, A RULING CAN BE SOUGHT FROM THE COURT AS AN TO WHETHER A CHANGE OF WORKPLACE CAUSES HARDSHIP TO AN EMPLOYEE TO EXTENT SUFFICIENTLY SERIOUS TO ESTABLISH A CONSTRUCTIVE DISMISSAL UNDER COMMON LAW.

"IF THE COURT SO DECIDES, THE EMPLOYEE WILL HAVE A CLAIM TO

SEVERANCE PAYMENT,'

HE ADDED.

PREVENT TO

BY EMPLOYERS AND EMPLOYEES FROM BEING MISLED

THE DELETION OF THE "CROSS-HARBOUR" PROVISION UPON THE ENACTMENT OF THE AMENDMENT

A MR CHAN SAID THE LABOUR DEPARTMENT WOULD PUBLISH BILL, LEAFLET, IN ENGLISH AND CHINESE, AND WOULD DISTRIBUTE TO THEM FREE CHARGE.

OF

"THE LABOUR DEPARTMENT WILL CLOSELY MONITOR THE

OF THE NEW PROVISION," MR CHAN ADDED.

IMPLEMENTATION

RULES APPROVED UNDER BANKRUPTCY AND COMPANIES ORDINANCES

THE LEGISLATIVE COUNCIL TODAY { (WEDNESDAY) APPROVED RULES UNDER THE BANKRUPTCY ORDINANCE AND THE COMPANIES ORDINANCE TO GENERAL REQUIREMENT FOR PROOF OF DEBTS TO BE SWORN, APPROPRIATE CASES WHERE THE OFFICIAL RECEIVER OR THE LIQUIDATOR MAY REQUIRE THE CREDITOR CONCERNED TO VERIFY HIS CLAIM BY AFFIDAVIT.

REMOVE

EXCEPT

THE IN

י

THE RULES ARE THE PROOF OF DEBTS | AMENDMENT) RULE 1992 AND THE COMPANIES (WINDING-UP) (AMENDMENT) RULES 1992.

MOVING THE RESOLUTION UNDER THE BANKRUPTCY ORDINANCE, THE SECRETARY FOR MONETARY AFFAIRS, MR DAVID NENDICK, SAID THIS WOULD SIMPLIFY PROCEDURES FOR THE PUBLIC AND BE MORE COST-EFFECTIVE FOR STAFF OF THE TRUSTEE TO ADMINISTER.

"IT

IS ALSO IN LINE WITH THE PRACTICE IN THE UK, AUSTRALIA AND OTHER COMPARABLE JURISDICTIONS, HE SAID.

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