### Pneumoconiosis and Mesothelioma (Compensation) Ordinance 《肺塵埃沉着病及間皮瘤(補償)條例》

29. Estimates and financial year
(1) In each financial year, before a date to be appointed by the Chief Executive, the Board shall submit to the Chief Executive a programme of its proposed activities and estimates of its income and expenditure for the next financial year.
(2) The Board may, from time to time, with the prior approval of the Chief Executive, fix a period to be the financial year of the Board.
(3) The Chief Executive may approve or reject the programme and estimates submitted to him under subsection (1) and, in the case of a rejection, may require the Board to resubmit, within such time as he may direct, the programme or estimates, or both, modified in such manner as he may direct. (Added 65 of 1987 s. 4)
(4) The Board shall comply with any requirement under subsection (3). (Added 65 of 1987 s. 4)
(5) The Board may from time to time vary the estimates submitted under subsection (1), even after their approval by the Chief Executive, and if it does so shall inform the Chief Executive in writing of the details of the variation. (Added 65 of 1987 s. 4)
(Amended 3 of 2004 s. 38)

30. Bank account
(1) The Board shall open and maintain an account with a bank approved by the Director of Accounting Services.
(2) The Board shall pay all moneys received by it into the account referred to in subsection (1).

31. Investment of funds
All funds of the Board that are not immediately required may be—
(a) deposited on fixed term or call deposit or in a savings account in any bank nominated by the Financial Secretary either generally or in any particular case, for that purpose; or
(b) subject to the prior approval of the Financial Secretary, invested in such investments as the Board thinks fit.

32. Accounts
(1) The Board shall maintain proper accounts and records of all income and expenditure.
(2) After the end of each financial year, the Board shall cause to be prepared statements of income and expenditure during the previous financial year and of the assets and liabilities of the Board on the last day thereof.

32A. Power to write off
(1) The Board may write off the whole or any part of any debt due to the Board which it reasonably considers irrecoverable.
(2) Any write-off under subsection (1) shall take effect for accounting purposes alone and shall not extinguish any right of the Board to recover the debt which has been written off.
(Added 65 of 1987 s. 5)

### Pneumoconiosis and Mesothelioma (Compensation) Ordinance 《肺塵埃沉着病及間皮瘤(補償)條例》

33. Auditors
(1) The Board shall appoint auditors, who shall be entitled at any time to have access to all books of account vouchers and other financial records of the Board and to require such information and explanations thereof as they may think fit.
(2) The auditors shall audit the statements prepared under section 32(2) and shall report thereon to the Board.

34. Statements and reports to be laid on table of Legislative Council
(1) The Board shall, within 6 months after the end of each financial year or such further time as the Chief Executive may in any particular year allow, submit to the Chief Executive a report on the activities of the Board and copies of the statements prepared under section 32(2) and the report made under section 33(2).
(2) The Chief Executive shall cause the reports and statements received by him under subsection (1) to be laid on the table of the Legislative Council.
(Amended 3 of 2004 s. 38)

35. Imposition of levy
(1) A levy at the rate specified in Division 1 of Part 2 of Schedule 5 is to be imposed in respect of construction operations carried out in Hong Kong.
(2) The levy referred to in subsection (1) is to be assessed and paid according to this Ordinance.
(3) Construction operations the total value of which does not exceed the amount specified in Part 1 of Schedule 5 are not liable to the levy.
(4) Subject to subsection (5), the levy is payable by a contractor of any construction operations which are subject to the payment of a levy.
(5) A contractor is liable to make a payment pursuant to subsection (4) only if the Board gives him a notice of assessment.
(6) A notice of assessment shall be in writing and shall specify the amount of the levy payable by the contractor.
(7) A levy at the rate specified in Division 2 of Part 2 of Schedule 5 is to be imposed in respect of quarry products.
(8) The levy referred to in subsection (7) is to be assessed and paid according to this Ordinance.
(9) The levy is payable by the quarry operator of the quarry from or in which the quarry products are extracted or produced.
(Replaced 12 of 2006 s. 84)

### Pneumoconiosis and Mesothelioma (Compensation) Ordinance 《肺塵埃沉着病及間皮瘤(補償)條例》

36. Power to amend Schedule 5
(1) The Legislative Council may by resolution amend Schedule 5.
(2) Any amendment to Schedule 5 shall come into effect on the expiry of the specified period.
(3) Despite the coming into effect of any amendment to Part 1 or Division 1 of Part 2 of Schedule 5, Schedule 5 as it was before such amendment continues to apply to the construction operations to which this subsection applies.
(4) Subsection (3) applies to the following construction operations—
(a) construction operations the tender for which had been submitted to the construction employer before the expiry of the specified period;
(b) other construction operations carried out under a construction contract, if the contract had been entered into before the expiry of the specified period or the construction operations had commenced before the expiry of that period; and
(c) construction operations other than those referred to in paragraphs (a) and (b), that had commenced before the expiry of the specified period.
(5) In this section, specified period (指明期間), in relation to a particular amendment made under subsection (1), means the period of 30 days after the publication in the Gazette of that amendment.
(Repealed 3 of 2004 s. 23. Added 12 of 2006 s. 84)