TNAG-1818-FCO40-2579-Broadcasting-in-Hong-Kong-1988 — Page 102

OCCUPATIONAL SAFETY AND HEALTH COUNCIL

Ord. No. 73/88

A473

(4) Where any levy has been received by an insurer or is deemed under subsection (2) to have been received by the insurer and is remitted to the Council pursuant to subsection (3), the insurer may deduct a handling charge to be calculated as prescribed by the Financial Secretary from time to time.

(5) An insurer or its agent who, without reasonable excuse, con- travenes subsection (1) commits an offence and is liable to a fine of $10,000.

(6) An insurer who, without reasonable excuse, contravenes sub- section (3) commits an offence and is liable to a fine of $10,000 or 20 times the amount of levy that was not remitted to the Council, whichever is the greater.

15. (1) Every insurer-

Insurer to keep records and

(a) shall keep and maintain in respect of any insurance policy issued submit reports

by it a record of--

(i) the number identifying the policy;

(ii) the name, address and place of business of the employer;

(iii) the amount of premium payable;

(iv) each amount of premium received and the date of its receipt;

(v) each amount of levy received and the date of its receipt; (b) shall submit to the Council not later than 2 months after the end of each quarterly period of the financial year a report containing such information relating to the levy in such form as may be prescribed; and

(c) shall submit to the Council, not later than 3 months after the end of each financial year, a statement, in such form and certified in such manner as may be prescribed, of the amounts of premium and levy received during the financial year.

(2) Any insurer who contravenes subsection (1)(a) commits an offence and is liable to a fine of $10,000.

(3) Any insurer who, without reasonable excuse, contravenes sub- section (1)(b) or (c) commits an offence and is liable to a fine of $30,000 and an additional fine of $3,000 for each day during which the offence is continued.

16. (1) The Council may impose a contribution on an employer of persons in any employment which has been exempted from the application of Part IV of the Employees' Compensation Ordinance under section 39(3) thereof in such amount as the Council may assess.

(2) In assessing the amount of contribution, if any, to be paid by an employer the Council shall have regard to-

(a) the premium that would, but for section 39(3) of the Employees' Compensation Ordinance, be payable by the employer for an insurance policy in respect of his employees, and the rate of levy applicable thereto; and

(b) the likely ability of the employees to benefit from the activities of

the Council.

Liability of exempt employers for

contribution (Cap. 282)