Hong Kong Ordinances

PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) ORDINANCE - SECT 47

Regulations

(Past version on 01/01/2008).
(Past version on 01/06/2004).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

The Chief Executive in Council may by regulation provide for- (Amended 3 of
2004 s. 38)

   (a)  (Repealed 54 of 1993 s. 39)

   (b)  the assessment of levy, including- (Amended 12 of 2006 s. 84)

        (i)    (Repealed 3 of 2004 s. 25)

        (ii)   the notification of construction operations and quarry
               operations; (Amended 3 of 2004 s. 25)

        (iii)  the notification of payments made in respect of construction 
               operations and quarry products; (Amended 3 of 2004 s. 25)

        (iv)   the imposition and amount of surcharges where there has been a
               failure to make a notification;

        (v)    objections to assessments of levies and the imposition of
               surcharges and appeals;

        (vi)   the information that is to be supplied by construction 
               employers, contractors, authorized persons or quarry operators;
               (Amended 3 of 2004 s. 25; 12 of 2006 s. 84)

        (vii)  prohibiting, subject to such exceptions as may be prescribed,
               the disclosure of information; (Amended 1 of 1983 s. 7)

        (viii) the appointment of authorized persons for the purposes of this
               Ordinance;

   (c)  the records that are to be kept by construction employers, contractors
        and authorized persons or by quarry operators; (Amended 3 of 2004 s.
        25; 12 of 2006 s. 84)

   (d)  prescribing procedure and fees;

   (e)  any matter which is to be or may be prescribed;

   (f)  generally the better carrying out of the provisions and purposes of
        this Ordinance.
        ___________________________________________________________________________
        ______________ Note: For transitional provisions relating to the
        amendments made by 3 of 2004, please see section 40 of the
        Construction Industry Levy (Miscellaneous Amendments) Ordinance 2004
        (3 of 2004), which section is reproduced as follows-

“40. Transitional provisions relating to Part 2

(1) Notwithstanding anything contained in Part 2 of this Ordinance, and in
addition to and without derogating from section 23 of the
Interpretation and General Clauses Ordinance ( Cap 1), the amendments effected
under this Ordinance shall not apply to any construction works if, before the
commencement date-

   (a)  the tender for the construction works has been submitted to the
        employer concerned;

   (b)  no tender for the construction works has been submitted to the
        employer concerned, but a construction contract in respect of the
        construction works has been entered into; or

   (c)  no tender for the construction works has been submitted to the
        employer concerned and no construction contract in respect of the
        construction works has been entered into, but the construction works
        have been commenced.

(2) For the purposes of this section-

*“commencement date” (生效日期) means the day appointed under
section 1(3) of this Ordinance as the day on which Part 2 of this Ordinance
comes into operation; “construction works” (建造工程) has the same
meaning as in section 2(1) of the pre-amended Ordinance; “employer”
(僱主) has the same meaning as in section 2(1) of the pre-amended Ordinance;
“pre-amended Ordinance” (未經修訂條例) means the Pneumoconiosis
(Compensation) Ordinance ( Cap 360) at any time in force before the
commencement date.”.

* Commencement date: 1 June 2004.