TNAG-0966-FCO40-1185-Legislation-for-employment-in-Hong-Kong-1980 — Page 148

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Ord. No. 51/80

PNEUMOCONIOSIS (COMPENSATION)

Establishment of

PART VI

FINANCIAL PROVISIONS

27. (1) There is hereby established a Pneumoconiosis Compensation

Pneumoconiosis Fund which shall consist of—

Compensation

Fund.

Payments by

the Board from the Fund.

Estimates and financial year.

Bank account.

Investment of funds.

Accounts.

(a) any moneys recovered by way of levy and surcharge;

(b) any moneys provided by the Government for the purposes of

the Fund; and

(c) any other moneys lawfully received by the Board for its purposes.

(2) The Fund shall be vested in the Board.

28. The Board shall pay from the Fund the following- (a) compensation under this Ordinance;

(b) damages, interest and costs payable or settled under section 13; (c) any sums payable under section 19;

(d) medical expenses;

(e) medical examination fees for medical examinations under sec-

tion 23;

(f) expenses incurred by the Board for the purposes of this Ordinance; (g) any other sums payable by the Board by virtue of or under this

Ordinance.

29. (1) In each financial year, before a date to be appointed by the Governor, the Board shall submit to the Governor a programme of its proposed activities and estimates of its income and expenditure for the next financial year:

Provided that the programme and estimates for the first financial year of the Board shall be forwarded as soon as is practicable after the com- mencement of this Ordinance.

(2) The Board may, from time to time, with the prior approval of the Governor, fix a period to be the financial year of the Board.

30. (1) The Board shall open and maintain an account with a bank approved by the Director of Accounting Services.

(2) The Board shall pay all moneys received by it into the account referred to in subsection (1).

31. All funds of the Board that are not immediately required may be-

(a) deposited on fixed term or call deposit or in a savings account in any bank nominated by the Financial Secretary either generally or in any particular case, for that purpose; or

(b) subject to the prior approval of the Financial Secretary, invested

in such investments as the Board thinks fit.

32. (1) The Board shall maintain proper accounts and records of all income and expenditure.

(2) After the end of each financial year, the Board shall cause to be prepared statements of income and expenditure during the previous financial year and of the assets and liabilities of the Board on the last day thereof.

PNEUMOCONIOSIS (COMPENSATION)

Ord. No. 51/80

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33. (1) The Board shall appoint auditors, who shall be entitled at Auditors. any time to have access to all books of account vouchers and other financial records of the Board and to require such information and ex- planations thereof as they may think fit.

(2) The auditors shall audit the statements prepared under section 32(2) and shall report thereon to the Board.

laid on table

34. (1) The Board shall, within 6 months after the end of each Statements and financial year or such further time as the Governor may in any particular reports to be year allow, submit to the Governor a report on the activities of the Board of Legislative and copies of the statements prepared under section 32(2) and the report Council. made under section 33(2).

(2) The Governor shall cause the reports and statements received by him under subsection (1) to be laid on the table of the Legislative Council,

PART VII

Levy

35. (1) A levy shall be imposed in accordance with this Ordinance Imposition of on the value of all construction works undertaken in Hong Kong on or levy. after the date of commencement of this Part and shall be payable by every contractor who undertakes any such works.

(2) A levy shall be imposed in accordance with this Ordinance on the value of quarry products produced on or after the date of commence- ment of this Part and shall be payable by every quarry operator.

36. (1) The Legislative Council may by resolution prescribe the Rate of levy. rate of levy.

(2) The rate of levy prescribed under subsection (1) shall be based on the value of construction works or quarry products, as the case may

be.

(3) The rate of levy prescribed under subsection (1) shall come into effect 30 days after the publication of the resolution in the Gazette.

(4) A resolution under subsection (1) may provide that construction works the value of which does not exceed an amount specified in the resolution shall not be liable to the levy.

surcharge.

37. (1) The amount of levy, or of any surcharge that may be imposed Payment of in such circumstances as may be prescribed, shall be paid by the contractor levy and or quarry operator, as the case may be, to the Board within such time as may be prescribed.

(2) Payment shall be made in accordance with subsection (1) notwith- standing that the contractor or quarry operator may wish to object to the levy assessed or surcharge imposed under this Ordinance.

38. (1) Any amount of levy or surcharge due and payable under this Recovery of Ordinance shall be recoverable as a debt due to the Board.

levy.

(2) An action under subsection (1) may be brought in the Court notwithstanding that the amount due exceeds the civil jurisdiction of the Court as may from time to time be determined under the District Court (Cap. 336.) Ordinance.