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

3. Constitution of the Board
(1) There is constituted a body corporate to be known as the “Employees Compensation Assistance Fund Board” having perpetual succession and capable of suing and being sued. (Amended E.R. 2 of 2020)
(2) The Board shall consist of—
(a) a chairman appointed by the Chief Executive; (Amended 56 of 2000 s. 3)
(b) 6 members appointed by the Chief Executive of whom— (Amended 16 of 2002 s. 4)
(i) 2 are persons who in the opinion of the Chief Executive represent employers;
(ii) 2 are persons who in the opinion of the Chief Executive represent employees;
(iii) 1 is a person having expertise in the practice of accounting, investment or law; and (Amended 56 of 2000 s. 3; 16 of 2002 s. 4)
(iv) 1 is a person having expertise in the practice of insurance; (Added 16 of 2002 s. 4)
(c) the Commissioner or his representative; and
(d) the Director of Legal Aid or his representative. 
(3) Notice of any appointment made under this section shall be published in the Gazette.
(4) Schedule 1 has effect as regards the Board and its members.
(5) The Chief Executive may by order amend Schedule 1. (Amended 56 of 2000 s. 3)
(6) The Board is not a servant or agent of the Government, nor does it enjoy any status, immunity or privilege of the Government. (Amended 23 of 2002 s. 30)

4. Functions of the Board
The functions of the Board are—
(a) to hold the Fund upon trust to administer the Fund in accordance with the objects of this Ordinance;
(b) to receive on behalf of the Fund any sum representing the net resources of the Employees’ Compensation Insurance Levies Management Board distributed to the Board pursuant to section 7 of the Employees’ Compensation Insurance Levies Ordinance (Cap. 411);
(c) to consider applications from persons applying for payment from or relief under the Fund;
(d) from time to time to advise the Employees’ Compensation Insurance Levies Management Board with respect to the amounts of known and anticipated claims against the Fund,
and such other functions as may be assigned to it under this Ordinance.

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

5. Powers of the Board
(1) The Board may do all such things as are expedient for or conducive to the attainment of the functions referred to in section 4 or which, in the opinion of the Board, are necessary to facilitate the proper carrying out of the functions of the Board.
(2) Without restricting the generality of subsection (1) the Board may—
(a) hold, acquire or take on lease movable and immovable property and sell, let or otherwise dispose of or deal with such property;
(b) appoint such employees as it may determine on such terms and conditions of service as it thinks fit including the payment of allowances, benefits, gratuities, pensions and remuneration;
(c) make or provide ex gratia payments to any employee of the Board, or to the personal representative of a deceased employee of the Board or to any other person who was dependent on such employee at his death;
(d) subject to section 11, invest the moneys of the Fund in such manner and to such extent as it considers expedient and prudent;
(e) subject to the approval of the Financial Secretary, borrow moneys, in such manner and on such securities or terms as it considers expedient and prudent, for payment into the Fund; and
(f) exercise any of its powers either alone or in association with any person.

6. Board to be subject to directions of the Chief Executive in Council
The Chief Executive in Council may give to the Board such directions as he thinks fit for the purpose of securing the proper performance of the Board’s functions and the Board shall comply with those directions.
(Amended 56 of 2000 s. 3)

7. Employees Compensation Assistance Fund
(1) There is established a fund to be known as the “Employees Compensation Assistance Fund” and comprising— (Amended E.R. 2 of 2020)
(a) moneys received by the Board from the Employees’ Compensation Insurance Levies Management Board;
(aa) moneys received by the Board as surcharges under section 36A; (Added 16 of 2002 s. 5)
(b) moneys received by the Board under Part V;
(c) interest and other income derived from the moneys and investments included in the Fund; and
(d) other moneys lawfully paid to the Board.
(2) The Fund is vested in the Board.

8. Payments from the Fund
The Board may pay from the Fund—
(a) payments to or on behalf of persons eligible under Part IV;
(b) expenses incurred by the Board for the purposes of this Ordinance;
(c) capital, interest and charges in respect of any loan; and
(d) any other sums required or permitted to be paid by the Board under this Ordinance.

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

9. Bank account
(1) The Board shall open and maintain an account in the name of the Fund with a bank approved by the Financial Secretary.
(2) The Board shall pay all moneys comprising the Fund into the account referred to in subsection (1).

10. Financial year and estimates
(1) The Board shall fix any period of 12 months to be the financial year of the Board.
(2) The Board shall, in each financial year, adopt estimates of income and expenditure in respect of the following financial year and, before a date to be appointed by the Secretary, send the estimates to the Secretary for his approval together with a programme of the Board’s activities for that following financial year.
(3) The Secretary may require the resubmission of estimates of income and expenditure or a programme of activities referred to in subsection (2), modified as he may direct.
(4) The Board may from time to time vary the estimates submitted under subsection (2), including after their approval by the Secretary, and if it does so shall inform the Secretary in writing of the details of the variation.

11. Investment of surplus funds
All moneys of the Board that are not immediately required to be expended shall be—
(a) deposited in a bank approved by the Financial Secretary on fixed term or call deposits or in a savings account; or
(b) invested in such other forms of investments approved by the Financial Secretary, either generally or in the particular case, for the purpose.

12. Accounts and statements
(1) The Board shall keep proper books of account, vouchers, receipts and other records in relation to the accounts of the Board.
(2) Within 4 months of the end of each financial year the Board shall cause to be prepared for the financial year immediately past statements of the accounts of the Board which shall—
(a) include an income and expenditure account and balance sheet; and
(b) be signed by the Chairman.
(3) For the purposes of this section the Board may write off the whole or any part of any debt due to the Board which it reasonably considers irrecoverable.

13. Auditor
(1) The Board shall appoint an auditor to audit the accounts of the Board.
(2) The auditor appointed under this section is entitled at any time—
(a) to have access to all books of account, vouchers, receipts and other records of the Board referred in section 12; and
(b) to require such information and explanations, as he considers necessary to discharge his functions.
(3) The auditor appointed under this section shall, as soon as is practicable and in any case not later than 3 months after the statements of account prepared under section 12 have become available, audit the accounts so prepared and submit a report on the accounts to the Board.