| To provide for the establishment of a board to administer the Protection of Wages on Insolvency Fund, to provide for payment of monies from the Fund to employees whose employers become insolvent; and for matters connected therewith or incidental thereto. (Enacted 1985) [19 April 1985] L.N. 100 of 1985 (Originally 12 of 1985) Cap 380 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Protection of Wages on Insolvency Ordinance. (Enacted 1985) Cap 380 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "applicant" (申请人) means any person who would, on the winding up of a company, be entitled to priority under section 265(1)(b), (c), (ca) or (cc) of the Companies Ordinance (Cap 32) or who would, on a bankruptcy, be entitled to priority under section 38(1)(b), (c), (ca) or (cc) of the Bankruptcy Ordinance (Cap 6) other than a person whose employer is an individual and who is a member of the family of that employer and who dwells in the same dwelling as that employer; (Amended 48 of 1987 s. 2; 38 of 1989 s. 2) "bankruptcy petition" (破产呈请) means a bankruptcy petition under the Bankruptcy Ordinance (Cap 6); "Board" (委员会) means the Protection of Wages on Insolvency Fund Board established by section 3; "Commissioner" (处长) means the Commissioner for Labour; "company" (公司) means any body which is liable to be wound up under the Companies Ordinance (Cap 32); "Fund" (基金) means the Protection of Wages on Insolvency Fund referred to in section 6; "financial year" (财政年度) means the financial year of the Fund fixed under section 8; "levy" (征费) has the meaning assigned to it by section 2 of the Business Registration Ordinance (Cap 310); "mandatory provident fund scheme" (强制性公积金计划) means a mandatory provident fund scheme registered under the Mandatory Provident Fund Schemes Ordinance (Cap 485); (Added 4 of 1998 s. 12) "occupational retirement scheme" (职业退休计划) means a scheme or arrangement under which benefits, based on length of service, are payable in respect of employees on retirement, death, incapacity or termination of service, but does not include a mandatory provident fund scheme; (Added 4 of 1998 s. 12) "severance payment" (遣散费) means a severance payment in respect of which an applicant would, on the winding up of a company, be entitled to priority under section 265(1)(ca) of the Companies Ordinance (Cap 32) or would, on a bankruptcy, be entitled to priority under section 38(1)(ca) of the Bankruptcy Ordinance (Cap 6), save that the amount specified in section 265(1)(ca) of the Companies Ordinance (Cap 32) or section 38(1)(ca) of the Bankruptcy Ordinance (Cap 6) (as the case may be) as the maximum amount in respect of which an applicant would be entitled to priority, or any amount substituted therefor under section 265(1B) of the Companies Ordinance (Cap 32) or section 38(2B) of the Bankruptcy Ordinance (Cap 6) (as the case may be), shall not apply; (Replaced 5 of 1994 s. 2) +"wages" (工资) means wages or salary in respect of which an applicant would, on the winding up of a company, be entitled to priority under section 265(1)(b) or (c) of the Companies Ordinance (Cap 32) or who would, on a bankruptcy, be entitled to priority under section 38(1)(b) or (c) of the Bankruptcy Ordinance (Cap 6), save that the amount specified in section 265(1)(b) or (c) of the Companies Ordinance (Cap 32) or section 38(1)(b) or (c) of the Bankruptcy Ordinance (Cap 6) (as the case may be) as the maximum amount in respect of which an applicant would be entitled to priority, or any amount substituted therefor under section 265(1A) or (1B) of the Companies Ordinance (Cap 32) or (as the case may be) section 38(2), (2A) or (2B) of the Bankruptcy Ordinance (Cap 6), shall not apply; (Amended 15 of 1993 s. 2) +"wages in lieu of notice" (代通知金) means wages in lieu of notice in respect of which an applicant would, on the winding up of a company, be entitled to priority under section 265(1)(cc) of the Companies Ordinance (Cap 32), or would, in a bankruptcy, be entitled to priority under section 38(1)(cc) of the Bankruptcy Ordinance (Cap 6), save that the amount specified in section 265(1)(cc) of the Companies Ordinance (Cap 32) or section 38(1)(cc) of the Bankruptcy Ordinance (Cap 6) (as the case may be) as the maximum amount in respect of which an application would be entitled to priority shall not apply; (Added 48 of 1987 s. 2. Amended 15 of 1993 s. 2) "winding-up petition" (清盘呈请) means a winding-up petition under Part V or Part X of the Companies Ordinance (Cap 32). (Enacted 1985. Amended 4 of 1998 s. 12)_________________________________________________________________________________ Note: + See also s. 4 of 15 of 1993. Cap 380 s 3 Establishment and incorporation of Wages on Insolvency Fund Board Remarks: Adaptation amendments retroactively made - see 54 of 2000 s. 3 PART II PROTECTION OF WAGES ON INSOLVENCY FUND BOARD |
