TNAG-1663-FCO40-2312-Hong-Kong-localisation-of-civil-aviation-legislation-1987 — Page 41

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A306

Ord. No. 48/87

PROTECTION OF WAGES ON INSOLVENCY (AMENDMENT)

(b) in subsection (2) by deleting "the prescribed form and manner”

and substituting the following—

"writing in a form approved by him"; and

(c) by inserting after subsection (3) the following—

(48 of 1987.)

Amendment of section 16.

4.

Amendment of section 23.

"(4) No applicant shall apply for payment from the Fund in respect of wages in lieu of notice arising out of a contract of employment terminated before the commencement of the Protection of Wages on Insolvency (Amendment) Ordinance 1987.".

Section 16 of the principal Ordinance is amended-

(a) in subsection (1) by inserting after "wages" wherever it occurs the

following

"or wages in lieu of notice or both";

(b) in subsection (2)—

(i) in paragraph (a) by deleting "the prescribed form" and

substituting the following—

"a form approved by the Commissioner";

(ii) in paragraph (c) by deleting “or”;

(iii) in paragraph (d) by deleting the full stop and substituting

the following-

"; or"; and

(iv) by inserting after paragraph (d) the following—

"(e) in respect of wages in lieu of notice, of—

(i) an amount exceeding the equivalent of 7 days' wages of the applicant; or

(ii) $2,000,

whichever is the lesser."; and

(c) by inserting after subsection (2) the following

5.

"(3) The Legislative Council may by resolution amend subsection (2)(e).”.

Section 23 of the principal Ordinance is amended by deleting subsection (1) and substituting the following—

"(1) A document purporting to be under the hand of the Commis- sioner stating that-

(a) on the date specified therein the sum of money stated therein

was paid from the Fund to the person named therein; and

(b) immediately before that date the employer named therein

owed to that person the amount of—

(i) wages;

(ii) wages in lieu of notice; or

(iii) both wages and wages in lieu of notice,

specified therein in respect of the period stated therein, shall be admissible in any proceedings on its production and without further proof and, until the contrary is proved or unless it be shown that the document was not under the hand of the Commissioner, shall be prima facie evidence of the facts stated therein.".

PROTECTION OF WAGES ON INSOLVENCY

(AMENDMENT)

Ord. No. 48/87

A307

6. Section 24 of the principal Ordinance is amended by inserting after Amendment of subsection (2) the following—

section 24.

"(3) In this section "wages" includes wages in lieu of notice.".

7.

The Protection of Wages on Insolvency Regulations are revoked. Revocation.

(Cap. 380, sub. leg.)

Consequential amendments. (Cap. 6.)

8. (1) The Bankruptcy Ordinance is amended in section 38(1)—–— (a) in paragraph (b)(i) by inserting after "Fund" the following-

(Cap. 380.)

"under section 18 of the Protection of Wages on Insolvency Ordinance";

(b) in paragraph (b)(ii) by deleting "period beginning 4 months next before the date of the filing of the petition and ending on the making of a receiving order not exceeding, together with any payment under sub-paragraph (i), $300;" and substituting the following

(Cap. 380.)

"period-

(A) beginning 4 months next before the date of the filing of the petition and ending on the making of the receiving order; or

(B) beginning 4 months next before the date of applica- tion for an ex gratia payment, under section 16 of the Protection of Wages on Insolvency Ordinance, from the Protection of Wages on Insolvency Fund, and ending on that date of application, whichever is the earlier, not exceeding, together with any payment under sub-paragraph (i), $300;";

(c) in paragraph (c)(i) by inserting after "Fund" the following— (Cap. 380.) "under section 18 of the Protection of Wages on Insolvency

Ordinance"; and

(d) in paragraph (c)(ii) by deleting "period beginning 4 months next before the date of the filing of the petition and ending on the making of a receiving order not exceeding, together with any payment under sub-paragraph (i), $100;" and substituting the following

(Cap. 380.)

"period-

(A) beginning 4 months next before the date of the filing of the petition and ending on the making of a receiving order; or

(B) beginning 4 months next before the date of applica- tion for an ex gratia payment, under section 16 of the Protection of Wages on Insolvency Ordinance, from the Protection of Wages on Insolvency Fund, and ending on that date of application, whichever is the earlier, not exceeding, together with any payment under sub-paragraph (i), $100;”.