TNAG-1819-FCO40-2580-Public-opinion-in-Hong-Kong-Commissioner-for-Administrative--1988 — Page 93

OCCUPATIONAL SAFETY AND HEALTH COUNCIL Ord. No. 73/88

A475

18. (1) The Government shall each year make payments to the Government Council out of moneys appropriated for that purpose by the Legislative payments Council.

(2) The amount of the Government's payment shall bear the same relation to the total amount of levy and contribution received or receivable by the Council as the number of its employees bears to the total number of employees in Hong Kong as estimated from time to time by the Commissioner for Census and Statistics.

19. (1) If an employer fails without reasonable excuse-

(a) to pay a levy at the time required by section 14; or

(b) to pay the contribution within the time required by section 16,

the Council may impose on the employer a surcharge not exceeding 10 per cent of the value of the levy or the contribution, as the case may be.

(2) The Council shall by notice in writing notify the employer of any surcharge imposed under subsection (1), and the surcharge shall thereupon be payable by the employer.

(3) If the surcharge or any part of the levy or contribution in respect of which the surcharge was imposed is not paid to the Council within 28 days of the notice being served the employer shall be liable to pay in addition a penalty of 5 per cent of the amount unpaid.

20. (1) Any amount of levy, contribution, surcharge or penalty due and payable under this Ordinance shall be recoverable as a civil debt due to the Council.

(2) An action under subsection (1) may be brought in the District Court notwithstanding that the amount claimed exceeds the limit in that respect provided in the District Court Ordinance.

21. Where the Council is satisfied that-

(a) an employer has received and was entitled to receive from an insurer a refund of an amount of premium in respect of which the employer has already paid the appropriate amount of levy; or

(b) an amount of premium that was estimated for the purpose of an

assessment of contribution under section 16 should be reduced, may if requested by the employer refund to the employer an appropriate amount of levy.

it

Surcharge for non-payment of levy, etc.

Recovery of levy,

contribution,

etc.

(Cap. 336)

Refund of levy to employer

PART V

OBJECTIONS AND APPEALS

22. (1) Any employer who is required to pay any surcharge under Objections section 19(1) or who is required to pay any contribution under section 16(1) may, by notice in writing served on the Council within 21 days after the surcharge or contribution becomes payable or within such further time as the Council may allow, object to the surcharge or contribution.