TNAG-1656-FCO40-2304-Hong-Kong-legislation-on-trade-1987 — Page 43

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

A308

Ord. No. 48/87

(Cap. 32.)

Transitional. (Cap. 6.)

(Cap. 32.)

PROTECTION OF WAGES ON INSOLVENCY (AMENDMENT)

(2) The Companies Ordinance is amended— (a) in section 178(2) by inserting after "wages" the following-

"or wages in lieu of notice or both";

(b) in section 265 (1)—

(Cap. 380.)

(Cap. 380.)

(i) in paragraph (b)(i) by inserting after "Fund" the following- "under section 18 of the Protection of Wages on Insolvency Ordinance"; and

(ii) in paragraph (c)(i) by inserting after "Fund" the following- "under section 18 of the Protection of Wages on Insolvency Ordinance"; and

(c) in section 265(6) by deleting the definition of “the relevant period”

and substituting the following-

(Cap. 380.)

(Cap. 380.)

9.

66

"the relevant period" means-

(a) in a case where a company is being wound up by the court and the relevant date in the case of that company is a date other than the date of the commencement of the winding up, the period--

(i) beginning 4 months next before the com- mencement of the winding up and ending on the relevant date; or

(ii) beginning 4 months next before the date of application for an ex gratia payment, under section 16 of the Protection of Wages on Insolvency Ordin- ance, from the Protection of Wages on Insolvency Fund, and ending on that date of application, whichever is the earlier;

(b) in any case where paragraph (a) does not apply, the

period--

(i) of 4 months next before the relevant date; or (ii) beginning 4 months next before the date of application for an ex gratia payment, under section 16 of the Protection of Wages on Insolvency Ordin- ance, from the Protection of Wages on Insolvency Fund,

whichever is the earlier;".

This Ordinance shall apply to and in relation to any payment to be made in accordance with section 38 of the Bankruptcy Ordinance, or section 265 of the Companies Ordinance, after the commencement of this Ordin- ance, notwithstanding that any debt to which such payment relates was incurred before that commencement.

1987.

Passed by the Hong Kong Legislative Council this 1st day of July

LAW Kam-sang, Clerk to the Legislative Council.

PROTECTION OF WAGES ON INSOLVENCY

(AMENDMENT)

Ord. No. 48/87

A309

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LAW Kam-sang,

Clerk to the Legislative Council.

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