| An Ordinance to establish the Employees' Compensation Insurance Levies Management Board as a body corporate, to provide for the imposition of a levy on insured persons and to provide for the collection and distribution of the levy remitted by insurers and for matters incidental thereto. (Enacted 1990) [Section 14］ 29 May 1990 The Ordinance (except section 14) ［ 1 July 1990 L.N. 166 of 1990] (Originally 33 of 1990) Cap 411 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Employees' Compensation Insurance Levies Ordinance. (Enacted 1990) Cap 411 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Board" (管理局) means the Employees' Compensation Insurance Levies Management Board established under section 3; "Chairman" (主席) means the Chairman of the Board appointed under section 3(2)(a) or any other person when acting as Chairman; "financial year" (财政年度) means the period fixed as the financial year of the Board under section 9(1); "insurance policy" (保险单) means a policy of insurance issued for the purposes of Part IV of the Employees' Compensation Ordinance (Cap 282) and includes any endorsement to that policy; "insured" (受保人) means any person to whom an insurance policy is issued or by whom such policy has been renewed, and includes any agent or broker acting on behalf of that person; "insurer" (承保人) has the meaning assigned to it in the Employees' Compensation Ordinance (Cap 282); "issues" (发出), in relation to an insurance policy, includes renews, and "issued" shall be construed accordingly; "levy" (征款) means the levy imposed under section 14; "premium" (保费) means an amount paid or payable to an insurer in respect of an insurance policy issued in any relevant period before deducting any sum for reinsurance ceded and any commissions of agents or brokers but after deducting any discount specified in such policy or any refund made in respect of the termination or reduction of risks under that policy; "relevant period" (有关期间) means any period of 3 months determined by the Board under section 9(1); "Secretary" (局长) means the Secretary for Economic Development and Labour. (Replaced L.N. 106 of 2002) (Enacted 1990) Cap 411 s 3 Establishment of the Board Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 PART II ESTABLISHMENT OF THE EMPLOYEES' COMPENSATION INSURANCE LEVIES MANAGEMENT BOARD (1) There shall be established a body corporate, to be called the Employees' Compensation Insurance Levies Management Board, which shall have such powers and functions as are conferred and imposed on it under this Ordinance. (2) The Board shall consist of- (a) a Chairman who shall be appointed by the Chief Executive for a term not exceeding 3 years; (b) not more than 2 other members not being public officers who, in the opinion of the Chief Executive, represent employers and who shall be appointed by the Chief Executive for a term not exceeding 3 years; (c) not more than 2 other members not being public officers who, in the opinion of the Chief Executive, represent employees and who shall be appointed by the Chief Executive for a term not exceeding 3 years; (d) a member not being a public officer who, in the opinion of the Chief Executive, is connected with the insurance industry in Hong Kong and who shall be appointed by the Chief Executive for a term not exceeding 3 years; (e) a member for the time being of the Occupational Safety and Health Council who shall be appointed by the Chief Executive for a term not exceeding 3 years; (Amended 54 of 1991 s. 47) (ea) a member for the time being of the Employees Compensation Assistance Fund Board wqho shall be appointed by the Chief Executive for a term not exceeding 3 years; (Added 54 of 1991 s. 47. Amended 21 of 1995 s. 43) (eb) a member for the time being of the Occupational Deafness Compensation Board who shall be appointed by the Chief Executive for a term not exceeding 3 years; and (Added 21 of 1995 s. 43) (f) not more than 2 other members being public officers each of whom shall be appointed by the Chief Executive and hold office at the discretion of the Chief Executive. (Amended 56 of 2000 s. 3)(3) The members of the Board appointed under subsection (2) shall be the governing body of the Board and shall comprise its managing committee with authority, in the name of the Board, to exercise and perform the powers and functions conferred and imposed on the Board under this Ordinance. (4) Schedule 1 shall have effect as respects the Board and the members thereof. (Enacted 1990) Cap 411 s 4 Functions of the Board Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 The functions of the Board are- (a) to collect the levy remitted by insurers; (b) to make recommendations to the Chief Executive in Council with respect to the rate of levy; (Amended 56 of 2000 s. 3) (c) to distribute the net resources of the Board (within the meaning of Part III) to the bodies specified in Schedule 2 in accordance with section 7(1); and |
