### Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations 《肺塵埃沉着病及間皮瘤(補償)(評估徵款)規例》

10. Assessment
(1) Subject to paragraph (2), the Board shall assess the amount of levy due from the quarry operator in respect of the value of the quarry products extracted or produced during each period of 6 months or up to the date of cessation of the quarry operation.
(2) If the Board is not satisfied as to the accuracy of the quantity or value of the quarry products specified in any notice given in accordance with regulation 9, it shall assess the quantity and value of the quarry products before assessing the amount of levy due under paragraph (1).
(3) The Board may assess the amount of levy due under paragraph (1) notwithstanding that no notice has been given to it under regulation 9.
(4) Where it appears to the Board that an assessment of levy under paragraph (1) has been made at less than the proper amount, then, subject to paragraph (7), the Board may at any time make an additional assessment of levy due from the quarry operator in respect of the value of quarry products.
(5) If a quarry operator fails to give any notice required to be given by him in accordance with regulation 9 and to give a reasonable excuse therefor within such period as the Board may allow in any case, the Board may, in addition to the levy assessed under paragraph (3), impose a surcharge on the quarry operator not exceeding twice the amount of the levy so assessed on the value of the quarry products in respect of which such failure occurred.
(6) The Board shall notify the quarry operator in writing of any assessment of levy or imposition of surcharge.
(7) An assessment or surcharge under this regulation may be made or imposed within—
(a) 2 years after the cessation of the quarry operation; or
(b) 1 year after evidence of facts, sufficient in the opinion of the Board to justify the making of the assessment or the imposition of the surcharge comes to its knowledge,

whichever is the later.

11. Time within which levy or surcharge is to be paid
For the purposes of section 37 of the Ordinance, the amount of any levy or surcharge—
(a) specified in a notice of assessment or a notice of surcharge; or (12 of 2006 s. 84)
(b) specified in a notice given to a quarry operator under regulation 10,
shall be paid by the contractor or quarry operator within 28 days after receipt by him of the notice.

12. Objection
(1) Any person who is notified under regulation 6D(3) or 10(6) or section 35(5) of the Ordinance may, by notice in writing (notice of objection

### Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations 《肺塵埃沉着病及間皮瘤(補償)(評估徵款)規例》

13. Appeals
(1) An objector who is aggrieved by a decision notified to him under regulation 12(4) may appeal to the Court against that decision. (12 of 2006 s. 84)
(2) An appeal under paragraph (1) shall be lodged within 30 days after the receipt of the notification by him.
(3) An appeal under this regulation shall not be heard unless the amount of the levy or surcharge which is the subject matter of the appeal, including the amount of any penalty or further penalty, has been paid. (L.N. 32 of 1983)
(4) On hearing any appeal under this regulation the Court may—
(a) confirm, cancel or reduce the levy or surcharge;
(b) if it cancels or reduces a levy or surcharge, order the repayment of the amount of levy or surcharge cancelled or reduced, and any amount of the penalty or further penalty which has been paid, with interest from the date of payment to the Board at such rate as the Court may determine or without interest; and (L.N. 32 of 1983; 12 of 2006 s. 84)
(c) make such order as it thinks fit as to the payment of the costs of the hearing.

### Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations 《肺塵埃沉着病及間皮瘤(補償)(評估徵款)規例》

14. Provision of information and production of documents
(1) A construction employer, contractor or authorized person concerned in any construction operations shall— (3 of 2004 s. 34)
(a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board or such officer may specify, with such information relating to the construction operations (including information on any amount paid or payable in respect of the construction operations or any work connected therewith), or the name and address of the person for or by whom the construction operations are carried out, as the Board or such officer may require for the purposes of performing its or his functions under the Ordinance and these regulations;
(b) on being so required by the Board or such officer, produce or cause to be produced any documents or records in his possession relating to the construction operations (including a document or record relating to any amount paid or payable in respect of the construction operations) for inspection by the Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period. (3 of 2004 s. 34)
(2) A quarry operator shall—
(a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board or such officer may specify, with such information relating to the quarry operated by him (including information on any amount paid or payable in respect of the quarry products) as the Board or such officer may require for the purposes of performing its or his functions under the Ordinance and these regulations;
(b) on being so required by the Board or such officer, produce or cause to be produced any documents or records in his possession relating to the quarry operated by him (including a document or record relating to any amount paid or payable in respect of the quarry products) for inspection by the Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period.
(3) Any person who, without reasonable excuse, fail to comply with a requirement under this regulation when it is within his power to do so commits an offence and is liable to a fine at level 1.
(12 of 2006 s. 84; E.R. 1 of 2013)

### Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations 《肺塵埃沉着病及間皮瘤(補償)(評估徵款)規例》

16. Appointment of authorized persons
(1) If the Crown is the construction employer in respect of any construction operations, a person shall be appointed by or on behalf of the Crown to perform the functions of an authorized person. (12 of 2006 s. 84)
(2) In any other case, the construction employer in respect of any construction operations shall, if no authorized person is appointed under section 4 of the Buildings Ordinance (Cap. 123), appoint a person to perform the functions of an authorized person. (12 of 2006 s. 84)
(3) For the purposes of enabling the Board to perform its functions, under the Ordinance and these regulations, in relation to the collection or assessment of any levy payable in respect of any construction operations, a construction employer to whom paragraph (2) applies shall, before the commencement of the construction operations, supply to the Board, in a form specified by it, the name of the person appointed under that paragraph and the name of the contractor in respect of the construction operations. (12 of 2006 s. 84)
(4) (Repealed 12 of 2006 s. 84)(5) Any person who fails to comply with paragraph (2) or (3) commits an offence and is liable to a fine at level 1. (12 of 2006 s. 84)
(6) Paragraph (3) applies only if—
(a) the construction operations are carried out under a term contract; or
(b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5 to the Ordinance. (12 of 2006 s. 84)
(3 of 2004 s. 36; E.R. 1 of 2013)

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

1. Short title
This Ordinance may be cited as the Pneumoconiosis and Mesothelioma (Compensation) Ordinance.
(Amended 6 of 2008 s. 3)

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

3. Application to the Crown
This Ordinance shall be binding on the Crown.