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

43. Evidence by certificate etc.
A certificate purporting to be signed by an officer of the Board authorized for the purposes of section 44—
(a) that any notice required by or under this Ordinance has or has not been given or has or has not been given at any date; or
(b) that any amount of levy, surcharge, penalty or further penalty due under this Ordinance has not been paid, (Amended 1 of 1983 s. 6)
shall be sufficient evidence of that fact until the contrary is proved.

44. Authentication, and production in evidence of documents
(1) Any notice or other document given or issued by the Board may be signed by an officer of the Board, authorized by the Board for the purposes of this subsection.
(2) Any document purporting to be a notice or other document given or issued by the Board and purporting to be signed by an officer of the Board authorized under subsection (1) shall be received in evidence and shall until the contrary is proved be deemed to be such a notice or other document.

45. False statements
Any person who—
(a) with intent to deceive, produces, supplies or sends for the purposes of this Ordinance or otherwise makes use for those purposes of any document or record which is false in a material particular; or
(b) in providing any information for the purposes of this Ordinance, makes any statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,
commits an offence and is liable to a fine at level 3 or 20 times the amount of any levy that was or was intended to be evaded by his conduct, whichever is the greater.
(Amended 54 of 1993 s. 38; E.R. 5 of 2021)

46. Jurisdiction of Court
(1) Where the Board does not pay compensation or any other payment which it is required by this Ordinance to pay, such compensation or other payment shall be recoverable as a debt due from the Board.
(2) Subject to subsection (3), an action under subsection (1) may be brought in the Court notwithstanding that the amount due exceeds the civil jurisdiction of the Court as may from time to time be determined under the District Court Ordinance (Cap. 336).
(3) Notwithstanding subsection (2), where any amount to be recovered from the Board is within the jurisdiction of the Small Claims Tribunal established under the Small Claims Tribunal Ordinance (Cap. 338), an action for the recovery of the amount shall be brought in that Tribunal.
(4) The Chief Justice may make rules regulating proceedings before and appeals to the Court under this Ordinance and for the fees payable in respect of such proceedings and appeals.

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

47. Regulations
The Chief Executive in Council may by regulation provide for— (Amended 3 of 2004 s. 38)
(a) (Repealed 54 of 1993 s. 39)(b) the assessment of levy, including— (Amended 12 of 2006 s. 84)
(i) (Repealed 3 of 2004 s. 25)(ii) the notification of construction operations and quarry operations; (Amended 3 of 2004 s. 25)
(iii) the notification of payments made in respect of construction operations and quarry products; (Amended 3 of 2004 s. 25)
(iv) the imposition and amount of surcharges where there has been a failure to make a notification;
(v) objections to assessments of levies and the imposition of surcharges and appeals;
(vi) the information that is to be supplied by construction employers, contractors, authorized persons or quarry operators; (Amended 3 of 2004 s. 25; 12 of 2006 s. 84)
(vii) prohibiting, subject to such exceptions as may be prescribed, the disclosure of information; (Amended 1 of 1983 s. 7)
(viii) the appointment of authorized persons for the purposes of this Ordinance;
(c) the records that are to be kept by construction employers, contractors and authorized persons or by quarry operators; (Amended 3 of 2004 s. 25; 12 of 2006 s. 84)
(d) prescribing procedure and fees;
(e) any matter which is to be or may be prescribed;
(f) generally the better carrying out of the provisions and purposes of this Ordinance.

Editorial Note:
For transitional provisions relating to the amendments made by 3 of 2004, please see section 40 of the Construction Industry Levy (Miscellaneous Amendments) Ordinance 2004 (3 of 2004).

47A. Financial Secretary may charge fees
(1) The Financial Secretary may charge fees for any service provided to the Board by the Government, but except as provided in subsection (2) shall not charge a fee for any service provided in the discharge of a duty under this Ordinance. (Amended 4 of 1996 s. 10)
(2) Fees may be charged under subsection (1) for services provided to the Board by the Government in the discharge of a duty under Part IV. (Added 4 of 1996 s. 10)
(Added 54 of 1993 s. 40)

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

48. Application to deaths prior to commencement of the Pneumoconiosis (Compensation) (Amendment) Ordinance 1986
Subject to section 4(2), amendments made by the Pneumoconiosis (Compensation) (Amendment) Ordinance 1986 (15 of 1986) (the amending Ordinance) shall apply in the case of the death of a person suffering from pneumoconiosis who died from a cause other than pneumoconiosis before the commencement# of the amending Ordinance as they apply in the case of such a death which occurs after such commencement.
(15 of 1986 s. 5 incorporated) Editorial Note:
# Commencement date: 25 April 1986.

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

50. Transitional provisions in relation to certain construction operations
(1) The amendments to this Ordinance, including its subsidiary legislation, as effected by sections 6 to 25 (except section 13) of Schedule 6 to the Construction Industry Council Ordinance (Cap. 587) (the amendments) do not apply to the following construction operations—
(a) construction operations the tender for which had been submitted to the construction employer before the commencement day;
(b) other construction operations carried out under a construction contract, if the contract had been entered into before the commencement day or the construction operations had commenced before the commencement day; and
(c) construction operations other than those referred to in paragraphs (a) and (b), that had commenced before the commencement day.
(2) The pre-amended Ordinance continues to apply to the construction operations referred to in subsection (1).
(3) In this section—
*commencement day (生效日期) means the day on which sections 6 to 25 of Schedule 6 to the Construction Industry Council Ordinance (Cap. 587) come into operation;
pre-amended Ordinance (修訂前的本條例) means this Ordinance, including its subsidiary legislation, as in force immediately before the commencement of the amendments.
(Added 12 of 2006 s. 84)Editorial Note:
* Commencement day: 1 January 2008.