### Employees Retraining Ordinance 《僱員再培訓條例》

18. Determination of applications by Executive Director
(1) The Executive Director shall, in respect of an application made under section 17, determine—
(a) whether or not he is satisfied as to the applicant’s status as an eligible employee, and his entitlement to apply, under that section; (Amended 5 of 1997 s. 6)
(b) whether or not he is satisfied that the applicant meets such requirements as to matters of priority between applicants, or classes of applicant, and such other requirements (if any) as the Board may specify from time to time;
(c) whether or not the applicant meets the entry requirements (if any) applicable to the retraining course or supplementary retraining programme to which the application relates; and
(d) his general suitability for retraining,
and shall advise the applicant of his determinations. (Replaced 102 of 1994 s. 10)
(2) Where the Executive Director is satisfied as to the applicant’s status as an eligible employee, and his entitlement to apply, under section 17 and that he meets the requirements (if any) specified by the Board under subsection (1)(b) the Executive Director shall refer the applicant to the training body or training provider that provides or conducts a retraining course or supplementary retraining programme to which the application relates. (Amended 102 of 1994 s. 10; 5 of 1997 s. 6)

19. Determination of applications by training bodies, etc.
(1) The training body or training provider to which an applicant is referred by the Executive Director under section 18(2) shall consider the application of that applicant and determine whether or not the applicant meets the entry requirements (if any) applicable to the retraining course or supplementary retraining programme to which the application relates and shall advise the applicant of its determinations. (Amended 102 of 1994 s. 11)
(2) Where a training body or training provider is satisfied that an applicant meets the entry requirements referred to in subsection (1) it may invite the applicant to attend the retraining course or supplementary retraining programme as a trainee subject to such conditions as it may specify and, in the case of such an invitation, it shall advise the applicant to apply for payment of a retraining allowance. (Replaced 102 of 1994 s. 11)

### Employees Retraining Ordinance 《僱員再培訓條例》

20. Eligibility of applicant to receive a retraining allowance
(1) Subject to section 22(3), an applicant referred to in section 19(2) shall be eligible to receive a retraining allowance as a trainee if he—
(a) has been referred to a training body or training provider under section 18(2);
(b) has been invited to attend a retraining course or supplementary retraining programme as a trainee by that training body or training provider under section 19(2);
(c) complies with such attendance and other requirements for trainees as may be specified by that training body or training provider in respect of that retraining course or supplementary retraining programme; and
(d) is not receiving at the same time a retraining allowance or some other similar payment however described (“existing payment”) as a trainee or otherwise in respect of another retraining course or supplementary retraining programme or any other course however described unless the Board decides, in the special circumstances of the case, to disregard that existing payment.
(2) Where an applicant is eligible to receive a retraining allowance as a trainee in respect of his attendance at a retraining course or supplementary retraining programme under subsection (1) but, at the same time, he is receiving from whatever source a retraining allowance or some other similar payment however described as a trainee or otherwise in respect of that retraining course or supplementary retraining programme then the applicant shall be eligible to receive the first mentioned retraining allowance only if he forgoes the second mentioned retraining allowance or other similar payment.
(Amended 102 of 1994 s. 12)

### Employees Retraining Ordinance 《僱員再培訓條例》

21. Application by trainee for payment of retraining allowance
(1) Subject to subsection (2), a trainee who considers that he is eligible to receive a retraining allowance under section 20(1) may apply to the Board in accordance with section 22 for payment from the Fund of such an allowance in respect of his attendance or intended attendance at a retraining course or supplementary retraining programme provided or conducted by a training body or training provider.
(2) An application by the trainee under subsection (1) shall be submitted by the training body or training provider to the Board.
(3) Subject to section 22(3), the Board shall determine the application in accordance with section 23 and may approve the payment of a retraining allowance to the training body or training provider for distribution to the trainee under subsection (5).
(4) The maximum amount of the retraining allowance payable monthly in respect of the trainee under subsection (3) shall be the sum specified in Schedule 4, but where the trainee attends a retraining course or supplementary retraining programme for a period of less than 1 month, only a proportion of that retraining allowance shall be so payable, as calculated in accordance with guidelines approved by the Board from time to time.
(5) Subject to subsection (6), on the receipt by the training body or training provider of a retraining allowance under subsection (3) the training body or training provider shall, as soon as practicable and without making any deduction therefrom unless such deduction is approved by the Board, distribute that retraining allowance to the trainee making the application under subsection (1).
(6) Where a training body or training provider pays, or has paid, a trainee who is attending a retraining course or supplementary retraining programme provided or conducted by that training body or training provider a sum of money equivalent to the retraining allowance in respect of that trainee and in respect of which that training body or training provider has submitted an application under subsection (2) to the Board, then that training body or training provider may reimburse itself the amount of that sum on the receipt of that retraining allowance.
(Amended 102 of 1994 s. 13)

### Employees Retraining Ordinance 《僱員再培訓條例》

22. Applications to the Board
(1) An application by a trainee to the Board under section 21(1) for payment from the Fund of a retraining allowance shall be made in the manner and form specified by the Board.
(2) Upon receipt of the application referred to in subsection (1) and submitted by a training body or training provider under section 21(2), the Board shall carry out such inquiries as it considers necessary to make a determination under section 23. (Amended 102 of 1994 s. 14)
(3) It is the duty of every trainee to assist the Board in carrying out inquiries under this section, and where the trainee fails without reasonable excuse so to assist, the Board may, notwithstanding any other provision, determine that the trainee shall not be entitled to the payment of a retraining allowance from the Fund under section 21.
(4) For the purpose of carrying out inquiries under this section the Board may—
(a) require the trainee to furnish such information or particulars relating to the application; and
(b) make such inquiries from any other person or body (including a training body) connected or associated with the application,
as the Board considers necessary.

23. Determination of applications by the Board
The Board shall in respect of an application by a trainee under section 21(1) and submitted by a training body or training provider under section 21(2) determine—
(a) whether or not it is satisfied as to the trainee’s eligibility under section 20(1) to receive a retraining allowance; and
(b) if so, and taking into account sections 20(2) and 21(4), what amount of retraining allowance should be payable to the training body or training provider from the Fund for distribution to that trainee under section 21(5),
and shall advise that training body or training provider by written notice of its determinations in respect of the application.
(Amended 102 of 1994 s. 15)