PROTECTION OF WAGES ON INSOLVENCY ORDINANCE ——附加英文版
Hong Kong
PROTECTION OF WAGES ON INSOLVENCY ORDINANCE
(CHAPTER 380)
CONTENTS
ion
I PRELIMINARY
hort title
nterpretation
II PROTECTION OF WAGES ON INSOLVENCY FUND BOARD
stablishment and incorporation of Wages on Insolvency Fund Board
unctions and powers of the Board
oard to be subject to directions of the Governor in Council
III FUND
stablishment of Protection of Wages on Insolvency Fund
ayments from the Fund
IV FINANCIAL PROVISIONS
inancial year and estimates
ank account
Investment of moneys
Accounts
Auditors
Statements and reports to be laid on table of Legislative Council
Costs of administering the Fund
V PAYMENT FROM THE FUND
Entitlement to apply for ex gratia payment
Payment
Review by Board
Additional power of Commissioner
Verification of application
Decisions under this Part not to be challenged
Power of Commissioner to delegate
Payment not to affect right to legal aid
Proof by certificate
VI RECOVERY OF PAYMENTS
Subrogation
Recovery of payment made by mistake
VII MISCELLANEOUS
Offences
Regulations
Power of Governor to amend Schedule
Transitional
dule Protection of Wages on Insolvency Fund Board
rovide for the establishment of a board to administer the
Protection
ages on Insolvency Fund, to provide for payment of monies from
the
to employees whose employers become insolvent; and for matters
ected therewith or incidental thereto.
April 1985] L. N. 100 of 1985
PART I PRELIMINARY
hort title
Ordinance may be cited as the Protection of Wages on
Insolvency
nance.
nterpretation
his Ordinance, unless the context otherwise requires--
licant" means any person who would, on the winding up of a company,
be
tled to priority under section 265 (1) (b), (c), (ca) or (cc) of
the
anies Ordinance (Cap. 32) or who would, on a bankruptcy, be
entitled
riority under section 38 (1) (b), (c), (ca) or (cc) of the
Bankruptcy
nance (Cap. 6) other than a person whose employer is an individual
and
is a member of the family of that employer and who dwells in the
same
ling as that employer; (Amended 48 of 1987 s. 2; 38 of 1989 s.
2)
kruptcy petition" means a bankruptcy petition under the
Bankruptcy
nance (Cap. 6);
rd" means the Protection of Wages on Insolvency Fund Board
established
ection 3;
missioner" means the Commissioner for Labour;
pany" means any body which is liable to be wound up
under the
anies Ordinance (Cap. 32);
ancial year" means the financial year of the Fund fixed under
section
Fund" means the Protection of Wages on Insolvency Fund referred
to in
ion 6;
y" has the meaning assigned to it by section 2 of the
Business
stration Ordinance (Cap. 310);
everance payment" means a severance payment payable by an
employer to
mployee under section 31B (1) of the Employment Ordinance (Cap.
57);
laced 45 of 1991 s. 2)
"wages" means wages or salary in respect of
h an applicant would, on the winding up of a company, be entitled
to
rity under section 265 (1) (b) or (c) of the Companies Ordinance
(Cap.
or who would, on a bankruptcy, be entitled to priority under
section
1) (b) or (c) of the Bankruptcy Ordinance (Cap. 6), save
that the
nt specified in section 265 (1) (b) or (c) of the Companies
Ordinance
. 32) or section 38 (1) (b) or (c) of the Bankruptcy Ordinance
(Cap.
as the case may be) as the maximum amount in respect of
which an
icant would be entitled to priority, or any amount
substituted
efor under section 265 (1A) or (1B) of the Companies Ordinance
(Cap.
or (as the case may be) section 38 (2), (2A) or (2B) of the
Bankruptcy
nance (Cap. 6), shall not apply; (Amended 15 of 1993 s. 2)
"wages in lieu of notice" means wages in lieu of notice in respect
of
h an applicant would, on the winding up of a company, be entitled
to
rity under section 265 (1) (cc) of the Companies Ordinance (Cap.
32),
ould, in a bankruptcy, be entitled to priority under section 38
(1)
of the Bankruptcy Ordinance (Cap. 6), save that the amount
specified
ection 265 (1) (cc) of the Companies Ordinance (Cap. 32) or
section 38
(cc) of the Bankruptcy Ordinance (Cap. 6) (as the case may be)
as the
mum amount in respect of which an applicant would be
entitled to
rity shall not apply; (Added 48 of 1987 s. 2. Amended 15 of 1993
s. 2)
ding-up petition" means a winding-up petition under Part V or X
of the
anies Ordinance (Cap. 32).
PART II PROTECTION OF WAGES ON INSOLVENCY FUND BOARD
stablishment and incorporation of Wages on Insolvency Fund Board
There is hereby established a board to be known as the Protection
of
s on Insolvency Fund Board and in the Chinese language as which
shall
body corporate.
The Board shall consist of a Chairman appointed under the Schedule
and
more than 10 members appointed by the Governor as follows--
subject to paragraph (b) not more than 4 public officers;
equal numbers of persons who, in his opinion, represent employers
and
ons who, in his opinion, represent employees.
The Governor shall give notice of each appointment by notice in
the
tte.
The Schedule shall have effect with respect to the Board.
unctions and powers of the Board
The Board shall have the following functions--
to administer the Fund;
to make recommendations to the Governor with respect to the
rate of
; and
to perform such other duties as are imposed or other powers as
are
erred on it by this Ordinance.
The Board may do all such things as are necessary for, or
incidental
onducive to, the better carrying out of the functions of the Board
and
in particular, but without prejudice to the generality
of the
going--
hold, acquire or lease all kinds of property whether
movable or
vable;
sell or otherwise dispose of all kinds of property whether movable
or
vable;
subject to section 10, invest its funds in such manner and to
such
nt as it thinks necessary or expedient; and
with the prior consent of the Financial Secretary, borrow
money in
manner and on such securities or terms as it thinks expedient.
oard to be subject to directions of the Governor in Council
Governor in Council may give to the Board such directions as he
thinks
with respect to the exercise of its functions under this Ordinance
and
Board shall comply with any such direction.
PART III FUND
stablishment of Protection of Wages on Insolvency Fund
fund known as the Protection of Wages on Insolvency Fund
established
r the provisions of section 21 of the Business Registration
Ordinance
. 310) in force immediately before the commencement of this
Ordinance
l be deemed to be established and continue in existence under
this
ion, and shall consist of--
moneys that are paid by the Commissioner of Inland Revenue under
that
ion whether paid before or after the commencement of this
Ordinance;
moneys recovered under Part VI;
interest and other income derived from the moneys and
investments
rising the Fund; and
other moneys lawfully paid into the Fund.
ayments from the Fund
e shall be paid from the Fund the following--
payments to applicants under section 16;
expenses incurred by the Board for the purposes of this Ordinance;
capital, interest and charges in respect of any loan; and
any other sums required or permitted to be paid by the Fund under
this
nance.
PART IV FINANCIAL PROVISIONS
inancial year and estimates
The Board may, from time to time, with the prior approval
of the
rnor, fix a period to be the financial year of the Fund.
In each financial year, before a date to be fixed by the Governor,
the
d shall submit to the Governor, for his approval, estimates
of the
me and expenditure of the Fund for the next financial year:
ided that the estimates for the first financial year of the Fund
shall
ubmitted as soon as practicable after the commencement
of this
nance.
The Governor shall consider the estimates submitted to
him under
ection (2) and may approve or reject them and, in the
case of
ction, may require the Board to resubmit the estimates
modified in
manner and within such time as the Governor may direct.
The Board may, from time to time, vary the estimates approved
under
ection (3) and shall, as soon as practicable, deliver to the
Governor
atement in writing containing details of any variation.
ank account
Board shall open and maintain an account with a bank approved by
the
ncial Secretary and shall pay all moneys of the Fund
into that
unt.
Investment of moneys
moneys of the Fund that are not immediately required by the Board
may
deposited on fixed term or call deposit or in a savings account
in
bank licensed under the Banking Ordinance (Cap. 155); or
with the prior approval of the Financial Secretary, invested in
such
r investments as the Board thinks fit.
Accounts
Board shall--
keep and maintain such accounts and records of all transactions
of the
as the Director of Accounting Services may require; and
after the end of each financial year cause to be prepared a
statement
he accounts of the Fund which shall include an income and
expenditure
unt and balance sheet and shall be signed by the Chairman.
Auditors
The Board shall at the commencement of each financial year
appoint
tors, who shall be entitled to have access to all books of
account,
hers and other records kept by the Board and to
require such
rmation and explanations as they may think fit.
The auditors shall audit the statement of accounts prepared
under
ion 11 and shall report thereon to the Board.
Statements and reports to be laid on table of Legislative Council
The Board shall, within 6 months after the end of each financial
year
uch further time as the Governor may for any particular year
allow,
it to the Governor a report on the activities of the Board for
that
ncial year including copies of the statement of accounts
prepared
r section 11 and the report made under section 12.
The Governor shall cause the reports and statements received
by him
r subsection
to be laid on the table of the Legislative Council.
Costs of administering the Fund
All costs and expenses incurred by the Government in
administering the
shall be a charge upon general revenue.
The Financial Secretary may direct that a supervision fee
to be
rmined by him, in relation to such period as may be determined
by him,
l be charged against the income of the Fund and shall at a
time
rmined by him be paid to him by the Board from the Fund and paid
by
into general revenue.
PART V PAYMENT FROM THE FUND
Entitlement to apply for ex gratia payment
Subject to this Part, an applicant to whom--
wages are due and unpaid;
wages in lieu of notice are due and unpaid; or
the liability to be paid a severance payment has arisen
and the
rance payment is unpaid, whether or not the severance payment is
then
may apply for an ex gratia payment from the Fund in respect of
the
s, wages in lieu of notice or the severance payment, as the case
may
or all or any of them. (Replaced 38 of 1989 s. 3)
An application under subsection (1) (in this Part called an
lication" ) shall be made to the Commissioner in writing in a
form
oved by him. (Amended 48 of 1987 s. 3)
No applicant shall apply for payment from the Fund in respect of
any
s for services rendered before 1 April 1985.
No applicant shall apply for payment from the Fund in respect of
wages
ieu of notice arising out of a contract of employment
terminated
re the commencement of the Protection of Wages on Insolvency
ndment) Ordinance 1987 (48 of 1987). (Added 48 of 1987 s. 3)
No applicant shall apply for payment from the Fund in respect
of a
rance payment the liability for payment of which arose
before the
encement of the Protection of Wages on Insolvency
(Amendment)
nance 1989 (38 of 1989). (Added 38 of 1989 s. 3)
Payment
Subject to subsections (1B) and (2) where it appears
to the
issioner that an employer has failed to pay any wages, wages in
lieu
otice or severance payment, as the case may be, or all or any of
them
n applicant and that--
in the case of an employer who is not a company--
a bankruptcy petition has been presented against him; or
he has committed an act of bankruptcy within the meaning of
section 3
he Bankruptcy Ordinance (Cap. 6) but a petition cannot be
presented
nst him by reason of section 6 (1) (a) of that Ordinance; or
(Replaced
f 1988 s. 2)
in the case of an employer who is a company, a winding-uppetition
has
presented against that employer,
ay make an ex gratia payment to the applicant out of the Fund of
the
nt of the wages, wages in lieu of notice or severance payment,
as the
may be, or all or any of them.
When the Commissioner makes a payment under subsection (1) (a)
(ii),
hall give notice of the payment and the reasons therefor
in the
tte. (Added 41 of 1988 s. 2)
Where an application has been made in respect of a severance
payment
h is not due at the date of the application, the
Commissioner may
r consideration of the application until the severance payment
becomes
(Added 38 of 1989 s. 4)
The Commissioner shall not make any payment under subsection
(1)--
to the applicant unless the applicant has verified his
application by
atutory declaration in a form approved by the Commissioner;
) of an amount exceeding $18,000 in respect of wages; (Replaced
15 of
s. 3)
) (Repealed 15 of 1993 s. 3)
in respect of wages for services rendered more than 4 months prior
to
date of application;
in respect of wages in lieu of notice--
) of an amount exceeding--
the equivalent of 1 month's wages of the applicant; or
$6,000,
hever is the lesser; or (Amended 15 of 1993 s. 3)
subject to subsection (2A), which became due more than 4 months
prior
he date of application; or (Replaced 38 of 1989 s. 4)
in respect of a severance payment--
of an amount exceeding the aggregate of $8,000 and half of that
part
he applicant's entitlement to severance payment in excess of
$8,000;
Replaced 45 of 1991 s. 3)
the liability for payment of which arose more than 4 months prior
to
date of application. (Added 38 of 1989 s. 4)
Subsection (2) (e) (ii) shall not apply to wages in lieu of
notice
ing out of a contract of employment terminated before the
commencement
he Protection of Wages on Insolvency (Amendment) Ordinance 1989
(38 of
). (Added 38 of 1989 s. 4)
) The Legislative Council may be
lution amend the period specified in subsection (2) (e) (i) (A)
or the
nt specified in subsection (2) (b), (e) (i) (B) or (f) (i).
(Added 48
987 s. 4. Amended 15 of 1993 s. 3)
nded 48 of 1987 s. 4; 38 of 1989 s. 4)
Review by Board
Any applicant aggrieved by any decision of the Commissioner
under
ion 16 may in writing--
request the Commissioner to give reasons for that decision; and
after being given reasons under paragraph (a),
request the
issioner to refer the application to the Board.
Upon receiving a request from an applicant under subsection (1)
(b),
Commissioner shall forward all documents relating to the
application
he Chairman of the Board.
The Board may confirm or vary any decision of the Commissioner
on an
ication referred to it under this section or may for those
purposes
ire the Commissioner to make further inquiries relating
to the
ication.
Additional power of Commissioner
Notwithstanding that in any particular case a petition referred
to in
ion 16 (1) (a) (i) or (b) has not been presented against an
employer,
Commissioner may, subject to subsection (2) of that section,
make an
ratia payment under that section in that case if in his opinion--
nded, 41 of 1988 s. 3)
the employer employs less than 20 employees;
sufficient evidence exists to support the presentation of a
petition
hat case on the ground--
if the employer is a company, that he is unable to pay his debts;
or
if the employer is a person other than a company, that
he has
itted an act of bankruptcy; and
it is unreasonable or uneconomic to present a petition in that
case.
Where the Commissioner exercises his discretion under
subsection (1)
ake payment, he shall give notice in the Gazette stating that,
in his
ion, sufficient evidence exists to support the
presentation of a
tion on the ground--
if the employer is a company, that he is unable to pay his debts;
or
if the employer is a person other than a company, that
he has
itted an act of bankruptcy.
Nothing in subsection (2) shall require the Commissioner to give
more
one notice in respect of each employer.
No action shall lie against the Commissioner in respect of any
notice
n under subsection (2).
Verification of application
For the purpose of verifying any application under section 15,
or if
equired by the Board under section 17 (3), the Commissioner may
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贵阳市公共场所禁止吸烟暂行规定
贵州省贵阳市人民政府
贵阳市公共场所禁止吸烟暂行规定
贵阳市人民政府
第一条 为了有效地控制吸烟危害，保障人民群众身体健康，减少火灾隐患，净化环境，根据国务院《公共场所卫生管理条例》、《贵阳市市容环境卫生管理办法》的规定，制定本规定。
第二条 贵阳市卫生局负责本市公共场所禁止吸烟工作的监督和管理。
第三条 下列公共场所禁止吸烟：
（一）机关、团体、企（事）业单位的公共办公场所、会议室、会场；
（二）影剧院、音乐厅、歌（舞）厅、游艺厅、录像放映厅（室）等娱乐场所；
（三）青少年宫、文化宫、室内体育馆的观众厅和比赛厅；
（四）图书馆、博物馆、美术馆、展览馆、档案馆的展示厅；
（五）车、船、飞机等公共交通工具内及其等候室；
（六）大中专院校、中小学校、托幼机构的教室、寝室、实验室和会议室；
（七）医疗机构的候诊室、诊疗室和病房；
（八）商场（店）、书店以及邮电、金融、证券的营业场所；
（九）公共浴室、理发店、美容院；
（十）市卫生局规定的其他公共场所。
第四条 禁止吸烟的公共场所，可设置与公共场所隔离、有抽风排烟装置的吸烟室。
第五条 禁止吸烟场所所属单位必须履行下列职责：
（一）有禁止吸烟的制度；
（二）在禁止吸烟的场所内，设置醒目的禁止吸烟标志；
（三）在禁止吸烟的场所内不得放置吸烟器具。
第六条 被动吸烟者有下列权利：
（一）在禁止吸烟场所内有权要求在该场所内的吸烟者停止吸烟；
（二）监督公共场所所属单位履行其所制定的禁止吸烟制度；
（三）对违反本规定的行为进行举报。
第七条 卫生、文化、教育、交通、体育、商业等主管部门应切实对所属单位禁止吸烟场所实施监督，街道办事处、乡（镇）人民政府对所管辖区域的公共场所进行监督。
第八条 健康教育所、报社、电台、电视台当开展吸烟有害健康的宣传活动。
开展全市无吸烟单位评选工作，市健康教育所负责对申报的无吸烟单位进行审查考核。
第九条 任何单位和个人不得违反国家规定进行烟草广告宣传。
第十条 违反本规定在禁止吸烟场所内吸烟的，责令立即改正，并可处以10元罚款。
第十一条 违反本规定第五条规定的，责令限期改正；逾期不改的，处以100元以上1000元以下罚款。
第十二条 对违反本规定的行为，市卫生局可以依法委托公共管理事业组织按照管理范围实施行政处罚。
第十三条 对拒绝、阻碍执法人员依法执行公务的，由公安机关按照《中华人民共和国治安管理处罚条例》处罚；构成犯罪的，依法追究刑事责任。
第十四条 当事人对行政处罚决定不服的，可依法申请行政复议或者是向人民法院起诉；逾期不申请复议，不起诉，又不履行行政处罚的，作出处罚决定的机关可以申请人民法院强制执行。
第十五条 禁止吸烟管理工作人员玩忽职守、滥用取权、徇私舞弊的，由其所在单位或上级主管机关给予行政处分。
第十六条 本规定具体应用中的问题，由市政府法制局负责解释。
第十七条 本规定自公布之日起施行。
1998年6月17日
