Hong Kong Ordinances

PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) ORDINANCE - SECT 37

Payment of levy and surcharge

(Past version on 01/01/2008).
(Past version on 01/06/2004).
(Past version on 30/06/1997).

(1) The amount of levy, or of any surcharge that may be imposed in such
circumstances as may be prescribed, shall be paid by the contractor or
quarry operator, as the case may be, to the Board within such time as may be
prescribed.

(1A) If the amount of the levy or surcharge is not fully paid within such time
as may be prescribed under subsection (1) the contractor or quarry operator,
as the case may be, shall be liable to pay, in addition, a penalty of 5 per
cent of the amount unpaid. (Added 1 of 1983 s. 4. Amended 12 of 2006 s. 84)

(1B) If the amount of the levy or surcharge including any penalty payable
under subsection (1A) is not fully paid within 3 months after the expiry of
such period as may be prescribed under subsection (1) the contractor or
quarry operator, as the case may be, shall be liable to pay, in addition, a
further penalty of $1000 or 5% of the amount unpaid, whichever is the greater.
(Added 1 of 1983 s. 4. Amended 54 of 1993 s. 32; 12 of 2006 s. 84)

(1C) The Board may waive or refund the whole or any part of a levy, surcharge,
penalty or further penalty if it considers it fair and reasonable to do so in
the special circumstances of a particular case. (Replaced 12 of 2006 s. 84)

(1D) If an amount waived under subsection (1C) has already been paid to the
Board, the Board shall refund it. (Added 12 of 2006 s. 84)

(1E) If, in respect of any construction operations, the Board receives more
than the proper amount of the levy due to more than one contractor paying the
whole or part of amount due, the Board shall refund the excess to the
contractor entitled to the refund. (Added 12 of 2006 s. 84)

(2) Payment shall be made in accordance with subsections (1), (1A) and (1B)
notwithstanding that the contractor or quarry operator may wish to make an
objection under the Pneumoconiosis and Mesothelioma 
(Compensation) (Assessment of Levy) Regulations ( Cap 360 sub. leg. A).
(Amended 1 of 1983 s. 4; 12 of 2006 s. 84; 6 of 2008 s. 24)