### Employees Compensation Assistance Ordinance 《僱員補償援助條例》

41. Regulations
(1) The Chief Executive in Council may make regulations— (Amended 56 of 2000 s. 3)
(a) providing for—
(i) the making of applications under Part IV;
(ii) the carrying out of inquiries by the Board into an applicant’s eligibility for relief;
(iii) the procedures for making payments from the Fund; and (Amended E.R. 2 of 2020)
(iv) (Repealed 16 of 2002 s. 30)(v) the recovery of payments by the Board under Part V;
(b) for any matter or any form which is to be or may be prescribed; and
(c) generally for the better carrying out of the provisions and purposes of this Ordinance.
(2) Regulations made under this section may provide that a contravention of any specified provision of any such regulation is an offence and may provide penalties for breach of the offence not exceeding a fine at level 3 and imprisonment for 3 months. (Amended 16 of 2002 s. 28)

42. Protection of members, etc. of Board
(1) No—
(a) member of the Board;
(b) member of any committee of the Board;
(c) employee of the Board; or
(d) person exercising powers in association with the Board under section 5(2)(f),
acting in good faith is personally liable for any act done or default made by—
(i) the Board;
(ii) any committee of the Board; or
(iii) any such member, employee or person,
in the exercise or performance (or the purported exercise or performance) of any of the powers or functions conferred or imposed on the Board under this Ordinance.
(2) The protection afforded under subsection (1) to any member, employee or other person in respect of any act or default does not affect any liability of the Board for that act or default.

43. Evidence by certificate
A certificate purporting to be signed by the Chairman or any member authorized by the Board stating—
(a) that an amount of money has been paid from the Fund to the person named in the certificate on the date specified; or
(b) the nature of the liability of the employer in respect of which the amount was paid, (Amended 16 of 2002 s. 30)
is sufficient evidence of that fact in any proceedings until the contrary is proved.

44. Service by post
Any document required to be served under this Ordinance may be served by post.

45. Financial Secretary may charge fees
The Financial Secretary may charge fees for any service provided to the Board by the Government.

45A. Amendment of Schedule 4
The Secretary may, by notice published in the Gazette, amend Schedule 4.
(Added 16 of 2002 s. 29)

### Employees Compensation Assistance Ordinance 《僱員補償援助條例》

46. Transitional
(1) Nothing in the Employees’ Compensation (Amendment) Ordinance 1996 (36 of 1996) (the amending Ordinance

### Employees Compensation Assistance Ordinance 《僱員補償援助條例》

47. (Omitted as spent—E.R. 2 of 2020)

### Public Officers (Assignment of Emoluments) Ordinance 《公職人員(轉付薪酬)條例》

1. Short title
This Ordinance may be cited as the Public Officers (Assignment of Emoluments) Ordinance.

2. Interpretation
(1) In this Ordinance, unless the context otherwise requires—

authorized officer (特准人員) means—
(a) the Secretary for the Civil Service;
(b) any other public officer the Secretary for the Civil Service may by notice in the Gazette declare to be an authorized officer for the purposes of this Ordinance;

emoluments (薪酬), subject to subsection (2), means—
(a) in the case of an officer holding an established office, other than an officer on probationary terms, month-to-month or agreement terms, the salary attached to his established office, or where provision is made for taking service in a non-established office into account as pensionable service, the salary attached to that office;
(b) in the case of an officer holding a non-established office, or an established office on probationary terms or month-to-month terms, the salary payable to him in his substantive rank;
(c) any pension (other than a commuted pension gratuity) payable under the Pensions Ordinance (Cap. 89), the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap. 401); and (Amended 85 of 1988 s. 57)
(d) any annual allowance payable under the Pensions Ordinance (Cap. 89) to an officer holding a non-established office, or an established office on probationary terms or month-to-month terms; (Replaced 36 of 1987 s. 48)

established office (設定職位), in relation to the holder of an established office, has—
(a) in case the Pensions Ordinance (Cap. 89) applies to such holder, the meaning assigned to it by section 2 of that Ordinance;
(b) in case the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) applies, the meaning assigned to it by section 2 of the Pension Benefits Ordinance (Cap. 99); (Replaced 85 of 1988 s. 57)

non-established office (非設定職位) means an office which is not an established office. (Added 36 of 1987 s. 48)
(2) The Chief Executive in Council may make regulations amending the definition of emoluments in subsection (1). (Amended 63 of 1999 s. 3)

### Public Officers (Assignment of Emoluments) Ordinance 《公職人員(轉付薪酬)條例》

3. Assignability of emoluments
(1) A public officer may with the written permission of an authorized officer assign such proportion or part of his emoluments for such period as the authorized officer may approve.
(2) Where an assignment is made under subsection (1), it shall, subject to section 6, be irrevocable during the period approved by an authorized officer under that subsection.
(3) Upon the making by a public officer of an assignment under subsection (1), the Government may, until that assignment is revoked in accordance with this Ordinance, deduct from the emoluments due to the public officer the amount assigned and remit it to the assignee.

4. Form of Assignment
(1) An assignment under section 3(1) shall be in such form as may be approved by the Secretary for the Civil Service, who shall publish such approved form in the Gazette.
(2) Where any approved form is amended or replaced, such amendment or new form shall be published in the Gazette.
(3) An assignment purported to be made under section 3(1) that is not in a form approved by the Secretary for the Civil Service shall be void.

5. Assignment not to reduce emoluments below certain level
(1) Subject to subsection (2), except with the written approval of an authorized officer, no deduction or payment shall be made in pursuance of an assignment under section 3(1) which has the effect of reducing the amount a public officer receives in any month to below 75% of the officer’s emoluments payable at the time of the making of the assignment:
Provided that in no case shall any such deduction or payment have the effect of reducing the amount a public officer receives in any month to below 50% of such emoluments.
(2) In calculating the amount to be deducted under subsection (1) there shall be disregarded any other deductions made by the Government from the officer’s emoluments.