Hong Kong Ordinances

PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) ORDINANCE - SECT 26

Functions and powers of the Board

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) The Board shall have the following functions-

   (a)  to administer the Fund;

   (b)  to make recommendations to the Government with respect to the rate of
        levy; (Amended 65 of 1987 s. 2)

   (ba) to conduct and finance educational, publicity, research and other
        programmes to prevent pneumoconiosis and mesothelioma and to conduct
        and finance programmes for the rehabilitation of persons suffering
        from the above diseases; (Added 65 of 1987 s. 2. Amended 54 of 1993 s.
        28; 4 of 1996 s. 7; 6 of 2008 s. 23)

   (bb) to administer funds received from the Government and designated by the
        Government as ex gratia payments to persons diagnosed before 1 January
        1981 to be suffering from pneumoconiosis; and (Added 54 of 1993 s. 28.
        Amended 6 of 2008 s. 23)

   (c)  to perform such other duties as are imposed on it by this Ordinance.

(2) The Board may do all such things as are necessary for, or incidental or
conducive to, the better carrying out of the functions of the Board and may in
particular, but without prejudice to the generality of the foregoing-

   (a)  hold, acquire or lease all kinds of property, whether movable or
        immovable;

   (b)  subject to subsection (3), sell or otherwise dispose of all kinds of
        property whether movable or immovable;

   (c)  enter into, assign or accept the assignment of, and vary or rescind
        any contract or obligation;

   (d)  subject to subsection (4), meet expenditure on any item shown in the
        approved estimates of expenditure of the Board, borrow or otherwise
        raise money on such security as may be necessary, and for that
        purpose, charge all or any of the property of the Board;

   (e)  make charges for the use of any facility or service provided by the
        Board.

(3) The Board shall not sell or otherwise dispose of land granted at nil
premium by the Government except with the prior approval of the Chief
Executive. (Amended 3 of 2004 s. 38)

(4) Except with the prior approval of the Financial Secretary, no sum shall be
borrowed or otherwise raised under subsection (2)(d) which itself, or together
with all other sums previously borrowed or otherwise raised under that
subsection and still outstanding, exceeds, or in the aggregate exceeds, 10 per
cent of the approved total estimated expenditure for the current
financial year.