滚动新闻:
首页 >> 工程建筑

破产欠薪保障条例英文版

来源: 时间:2018-08-30 19:17:55

破产欠薪保障条例(英文版)

PROTECTION OF WAGES ON INSOLVENCY ORDINANCE (CHAPTER 380) CONTENTSSectionPART I PRELIMINARY1. Short title2. InterpretationPART II PROTECTION OF WAGES ON INSOLVENCY FUND BOARD3. Establishment and incorporation of Wages on Insolvency Fund Board4. Functions and powers of the Board5. Board to be subject to directions of the Governor in CouncilPART III FUND6. Establishment of Protection of Wages on Insolvency Fund7. Payments from the FundPART IV FINANCIAL PROVISIONS8. Financial year and estimates9. Bank account10. Investment of moneys11. Accounts12. Auditors13. Statements and reports to be laid on table of Legislative Council14. Costs of administering the FundPART V PAYMENT FROM THE FUND15. Entitlement to apply for ex gratia payment16. Payment17. Review by Board18. Additional power of Commissioner19. Verification of application20. Decisions under this Part not to be challenged21. Power of Commissioner to delegate22. Payment not to affect right to legal aid23. Proof by certificatePART VI RECOVERY OF PAYMENTS24. Subrogation25. Recovery of payment made by mistakePART VII MISCELLANEOUS26. Offences27. Regulations28. Power of Governor to amend Schedule29. TransitionalSchedule Protection of Wages on Insolvency Fund BoardTo provide for the establishment of a board to administer the Protectionof Wages on Insolvency Fund, to provide for payment of monies from theFund to employees whose employers become insolvent; and for mattersconnected therewith or incidental thereto.[19 April 1985] L. N. 100 of 1985 PART I PRELIMINARY1. Short titleThis Ordinance may be cited as the Protection of Wages on InsolvencyOrdinance.2. InterpretationIn this Ordinance, unless the context otherwise requires--"applicant" means any person who would, on the winding up of a company, beentitled to priority under section 265 (1) (b), (c), (ca) or (cc) of theCompanies Ordinance (Cap. 32) or who would, on a bankruptcy, be entitledto priority under section 38 (1) (b), (c), (ca) or (cc) of the BankruptcyOrdinance (Cap. 6) other than a person whose employer is an individual andwho is a member of the family of that employer and who dwells in the samedwelling as that employer; (Amended 48 of 1987 s. 2; 38 of 1989 s. 2)"bankruptcy petition" means a bankruptcy petition under the BankruptcyOrdinance (Cap. 6);"Board" means the Protection of Wages on Insolvency Fund Board establishedby section 3;"Commissioner" means the Commissioner for Labour;"company" means any body which is liable to be wound up under theCompanies Ordinance (Cap. 32);"financial year" means the financial year of the Fund fixed under section8; "Fund" means the Protection of Wages on Insolvency Fund referred to insection 6;"levy" has the meaning assigned to it by section 2 of the BusinessRegistration Ordinance (Cap. 310);* "severance payment" means a severance payment payable by an employer toan employee under section 31B (1) of the Employment Ordinance (Cap. 57);(Replaced 45 of 1991 s. 2)* * "wages" means wages or salary in respect ofwhich an applicant would, on the winding up of a company, be entitled topriority under section 265 (1) (b) or (c) of the Companies Ordinance (Cap.32) or who would, on a bankruptcy, be entitled to priority under section38 (1) (b) or (c) of the Bankruptcy Ordinance (Cap. 6), save that theamount specified in section 265 (1) (b) or (c) of the Companies Ordinance(Cap. 32) or section 38 (1) (b) or (c) of the Bankruptcy Ordinance (Cap.6) (as the case may be) as the maximum amount in respect of which anapplicant would be entitled to priority, or any amount substitutedtherefor under section 265 (1A) or (1B) of the Companies Ordinance (Cap.32) or (as the case may be) section 38 (2), (2A) or (2B) of the BankruptcyOrdinance (Cap. 6), shall not apply; (Amended 15 of 1993 s. 2)* * "wages in lieu of notice" means wages in lieu of notice in respect ofwhich an applicant would, on the winding up of a company, be entitled topriority under section 265 (1) (cc) of the Companies Ordinance (Cap. 32),or would, in a bankruptcy, be entitled to priority under section 38 (1)(cc) of the Bankruptcy Ordinance (Cap. 6), save that the amount specifiedin section 265 (1) (cc) of the Companies Ordinance (Cap. 32) or section 38(1) (cc) of the Bankruptcy Ordinance (Cap. 6) (as the case may be) as themaximum amount in respect of which an applicant would be entitled topriority shall not apply; (Added 48 of 1987 s. 2. Amended 15 of 1993 s. 2)"winding-up petition" means a winding-up petition under Part V or X of theCompanies Ordinance (Cap. 32). PART II PROTECTION OF WAGES ON INSOLVENCY FUND BOARD3. Establishment and incorporation of Wages on Insolvency Fund Board(1) There is hereby established a board to be known as the Protection ofWages on Insolvency Fund Board and in the Chinese language as which shallbe a body corporate.(2) The Board shall consist of a Chairman appointed under the Schedule andnot more than 10 members appointed by the Governor as follows--(a) subject to paragraph (b) not more than 4 public officers;(b) equal numbers of persons who, in his opinion, represent employers andpersons who, in his opinion, represent employees.(3) The Governor shall give notice of each appointment by notice in theGazette.(4) The Schedule shall have effect with respect to the Board.4. Functions and powers of the Board(1) The Board shall have the following functions--(a) to administer the Fund;(b) to make recommendations to the Governor with respect to the rate oflevy; and(c) to perform such other duties as are imposed or other powers as areconferred on it by this Ordinance.(2) The Board may do all such things as are necessary for, or incidentalor conducive to, the better carrying out of the functions of the Board andmay in particular, but without prejudice to the generality of theforegoing--(a) hold, acquire or lease all kinds of property whether movable orimmovable;(b) sell or otherwise dispose of all kinds of property whether movable orimmovable;(c) subject to section 10, invest its funds in such manner and to suchextent as it thinks necessary or expedient; and(d) with the prior consent of the Financial Secretary, borrow money insuch manner and on such securities or terms as it thinks expedient.5. Board to be subject to directions of the Governor in CouncilThe Governor in Council may give to the Board such directions as he thinksfit with respect to the exercise of its functions under this Ordinance andthe Board shall comply with any such direction. PART III FUND6. Establishment of Protection of Wages on Insolvency FundThe fund known as the Protection of Wages on Insolvency Fund establishedunder the provisions of section 21 of the Business Registration Ordinance(Cap. 310) in force immediately before the commencement of this Ordinanceshall be deemed to be established and continue in existence under thissection, and shall consist of--(a) moneys that are paid by the Commissioner of Inland Revenue under thatsection whether paid before or after the commencement of this Ordinance;(b) moneys recovered under Part VI;(c) interest and other income derived from the moneys and investmentscomprising the Fund; and(d) other moneys lawfully paid into the Fund.7. Payments from the FundThere shall be paid from the Fund the following--(a) payments to applicants under section 16;(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 Fund under thisOrdinance. PART IV FINANCIAL PROVISIONS8. Financial year and estimates(1) The Board may, from time to time, with the prior approval of theGovernor, fix a period to be the financial year of the Fund.(2) In each financial year, before a date to be fixed by the Governor, theBoard shall submit to the Governor, for his approval, estimates of theincome and expenditure of the Fund for the next financial year:Provided that the estimates for the first financial year of the Fund shallbe submitted as soon as practicable after the commencement of thisOrdinance.(3) The Governor shall consider the estimates submitted to him undersubsection (2) and may approve or reject them and, in the case ofrejection, may require the Board to resubmit the estimates modified insuch manner and within such time as the Governor may direct.(4) The Board may, from time to time, vary the estimates approved undersubsection (3) and shall, as soon as practicable, deliver to the Governora statement in writing containing details of any variation.9. Bank accountThe Board shall open and maintain an account with a bank approved by theFinancial Secretary and shall pay all moneys of the Fund into thataccount.10. Investment of moneysAll moneys of the Fund that are not immediately required by the Board maybe--(a) deposited on fixed term or call deposit or in a savings account inany bank licensed under the Banking Ordinance (Cap. 155); or(b) with the prior approval of the Financial Secretary, invested in suchother investments as the Board thinks fit.11. AccountsThe Board shall--(a) keep and maintain such accounts and records of all transactions of theFund as the Director of Accounting Services may require; and(b) after the end of each financial year cause to be prepared a statementof the accounts of the Fund which shall include an income and expenditureaccount and balance sheet and shall be signed by the Chairman.12. Auditors(1) The Board shall at the commencement of each financial year appointauditors, who shall be entitled to have access to all books of account,vouchers and other records kept by the Board and to require suchinformation and explanations as they may think fit.(2) The auditors shall audit the statement of accounts prepared undersection 11 and shall report thereon to the Board.13. Statements and reports to be laid on table of Legislative Council(1) The Board shall, within 6 months after the end of each financial yearor such further time as the Governor may for any particular year allow,submit to the Governor a report on the activities of the Board for thatfinancial year including copies of the statement of accounts preparedunder section 11 and the report made under section 12.(2) The Governor shall cause the reports and statements received by himunder subsection(1) to be laid on the table of the Legislative Council.14. Costs of administering the Fund(1) All costs and expenses incurred by the Government in administering theFund shall be a charge upon general revenue.(2) The Financial Secretary may direct that a supervision fee to bedetermined by him, in relation to such period as may be determined by him,shall be charged against the income of the Fund and shall at a timedetermined by him be paid to him by the Board from the Fund and paid byhim into general revenue. PART V PAYMENT FROM THE FUND15. Entitlement to apply for ex gratia payment(1) Subject to this Part, an applicant to whom--(a) wages are due and unpaid;(b) wages in lieu of notice are due and unpaid; or(c) the liability to be paid a severance payment has arisen and theseverance payment is unpaid, whether or not the severance payment is thendue, may apply for an ex gratia payment from the Fund in respect of thewages, wages in lieu of notice or the severance payment, as the case maybe, or all or any of them. (Replaced 38 of 1989 s. 3)(2) An application under subsection (1) (in this Part called an"application" ) shall be made to the Commissioner in writing in a formapproved by him. (Amended 48 of 1987 s. 3)(3) No applicant shall apply for payment from the Fund in respect of anywages for services rendered before 1 April 1985.(4) No applicant shall apply for payment from the Fund in respect of wagesin lieu of notice arising out of a contract of employment terminatedbefore the commencement of the Protection of Wages on Insolvency(Amendment) Ordinance 1987 (48 of 1987). (Added 48 of 1987 s. 3)(5) No applicant shall apply for payment from the Fund in respect of aseverance payment the liability for payment of which arose before thecommencement of the Protection of Wages on Insolvency (Amendment)Ordinance 1989 (38 of 1989). (Added 38 of 1989 s. 3)16. Payment(1) Subject to subsections (1B) and (2) where it appears to theCommissioner that an employer has failed to pay any wages, wages in lieuof notice or severance payment, as the case may be, or all or any of themto an applicant and that--(a) in the case of an employer who is not a company--(i) a bankruptcy petition has been presented against him; or(ii) he has committed an act of bankruptcy within the meaning of section 3of the Bankruptcy Ordinance (Cap. 6) but a petition cannot be presentedagainst him by reason of section 6 (1) (a) of that Ordinance; or (Replaced41 of 1988 s. 2)(b) in the case of an employer who is a company, a winding-uppetition hasbeen presented against that employer,he may make an ex gratia payment to the applicant out of the Fund of theamount of the wages, wages in lieu of notice or severance payment, as thecase may be, or all or any of them.(1A) When the Commissioner makes a payment under subsection (1) (a) (ii),he shall give notice of the payment and the reasons therefor in theGazette. (Added 41 of 1988 s. 2)(1B) Where an application has been made in respect of a severance paymentwhich is not due at the date of the application, the Commissioner maydefer consideration of the application until the severance payment becomesdue. (Added 38 of 1989 s. 4)(2) The Commissioner shall not make any payment under subsection (1)--(a) to the applicant unless the applicant has verified his application bya statutory declaration in a form approved by the Commissioner;* (b) of an amount exceeding $18,000 in respect of wages; (Replaced 15 of1993 s. 3)* (c) (Repealed 15 of 1993 s. 3)(d) in respect of wages for services rendered more than 4 months prior tothe date of application;(e) in respect of wages in lieu of notice--* (i) of an amount exceeding--(A) the equivalent of 1 month's wages of the applicant; or(B) $6,000,whichever is the lesser; or (Amended 15 of 1993 s. 3)(ii) subject to subsection (2A), which became due more than 4 months priorto the date of application; or (Replaced 38 of 1989 s. 4)(f) in respect of a severance payment--(i) of an amount exceeding the aggregate of $8,000 and half of that partof the applicant's entitlement to severance payment in excess of $8,000;or (Replaced 45 of 1991 s. 3)(ii) the liability for payment of which arose more than 4 months prior tothe date of application. (Added 38 of 1989 s. 4)(2A) Subsection (2) (e) (ii) shall not apply to wages in lieu of noticearising out of a contract of employment terminated before the commencementof the Protection of Wages on Insolvency (Amendment) Ordinance 1989 (38 of1989). (Added 38 of 1989 s. 4)* (3) The Legislative Council may beresolution amend the period specified in subsection (2) (e) (i) (A) or theamount specified in subsection (2) (b), (e) (i) (B) or (f) (i). (Added 48of 1987 s. 4. Amended 15 of 1993 s. 3)(Amended 48 of 1987 s. 4; 38 of 1989 s. 4)17. Review by Board(1) Any applicant aggrieved by any decision of the Commissioner undersection 16 may in writing--(a) request the Commissioner to give reasons for that decision; and(b) after being given reasons under paragraph (a), request theCommissioner to refer the application to the Board.(2) Upon receiving a request from an applicant under subsection (1) (b),the Commissioner shall forward all documents relating to the applicationto the Chairman of the Board.(3) The Board may confirm or vary any decision of the Commissioner on anapplication referred to it under this section or may for those purposesrequire the Commissioner to make further inquiries relating to theapplication.18. Additional power of Commissioner(1) Notwithstanding that in any particular case a petition referred to insection 16 (1) (a) (i) or (b) has not been presented against an employer,the Commissioner may, subject to subsection (2) of that section, make anex gratia payment under that section in that case if in his opinion--(Amended, 41 of 1988 s. 3)(a) the employer employs less than 20 employees;(b) sufficient evidence exists to support the presentation of a petitionin that case on the ground--(i) if the employer is a company, that he is unable to pay his debts; or(ii) if the employer is a person other than a company, that he hascommitted an act of bankruptcy; and(c) it is unreasonable or uneconomic to present a petition in that case.(2) Where the Commissioner exercises his discretion under subsection (1)to make payment, he shall give notice in the Gazette stating that, in hisopinion, sufficient evidence exists to support the presentation of apetition on the ground--(a) if the employer is a company, that he is unable to pay his debts; or(b) if the employer is a person other than a company, that he hascommitted an act of bankruptcy.(3) Nothing in subsection (2) shall require the Commissioner to give morethan one notice in respect of each employer.(4) No action shall lie against the Commissioner in respect of any noticegiven under subsection (2).19. Verification of application(1) For the purpose of verifying any application under section 15, or ifso required by the Board under section 17 (3), the Commissioner may makesuch inquiries as he thinks fit and may in particular, but withoutlimiting the generality of the foregoing and without prejudice to anypowers of the Commissioner under any other Ordinance--(a) interview the applicant and any other employee;(b) by notice in writing require the applicant or any other person havingpossession thereof to produce to the Commissioner for his inspection anyrecord, book of account, or other document as may, in the opinion of theCommissioner, be necessary to verify the application;(c) by notice in writing require any person whom he reasonably believes tohave possession thereof to produce to the Commissioner for his inspectionany register, record or other document required to be kept by an employerunder the Employment Ordinance (Cap. 57); and(d) by notice in writing require the employer to whom the applicationrelates or any servant, agent or employee of that employer to attendbefore him and to answer questions put by him.(2) Any notice served by the Commissioner imposing any requirement underthis section, shall state the time when and place where the person to whomthe notice is given shall comply with that requirement.(3) Any notice to be served on any person under this section may be servedby post.(4) In relation to the Commissioner's powers under subsection (1) to makeinquiries--(a) any person required to answer questions shall have, in relation to anyanswer thereto, such privileges as he would have had, had such questionbeen asked in a court but shall otherwise answer any such question;(b) the Commissioner shall proceed as informal as possible and maydetermine the procedure to be followed.20. Decisions under this Part not to be challengedNo decision of the Commissioner or the Board made in exercise of anydiscretion under this Part shall be challenged in any Court.21. Power of Commissioner to delegate(1) The Commissioner may, in writing, authorize any officer of the LabourDepartment to exercise any of his powers or perform any of his dutiesunder this Part.(2) In this Part but not in subsection (1)"Commissioner" includes any person authorized by the Commissioner underthis section.22. Payment not to affect right to legal aidAny right of an applicant to receive legal aid under the Legal AidOrdinance (Cap. 91) shall not be affected by any payment made undersection 16 if the purpose of such legal aid is to assist the applicant torecover any further amount due to him under any contract of employment orunder the Employment Ordinance (Cap. 57).23. Proof by certificate(1) A document purporting to be under the hand of the Commissioner statingthat--(a) on the date specified therein the sum of money stated therein was paidfrom the Fund to the person named therein; and(b) immediately before that date the employer named therein owed to thatperson the amount of wages, wages in lieu of notice or severance payment,as the case may be, or all or any of them, specified therein in respect ofthe period or periods stated therein, (Replaced 38 of 1989 s. 5)shall be admissible in any proceedings on its production and withoutfurther proof and, until the contrary is proved or unless it be shown thatthe document was not under the hand of the Commissioner, shall be primafacie evidence of the facts stated therein. (Replaced 48 of 1987 s. 5)(2) In this section "proceedings" includes the lodging of a proof of debtin any bankruptcy or winding-up. PART VI RECOVERY OF PAYMENTS24. Subrogation(1) Where a payment is made under section 16 to an applicant in respect ofwages due to him, or in respect of any liability to pay him a severancepayment, whether or not the severance payment is due when that paymentunder section 16 is made, all his rights and remedies with respect tothose wages or severance payment, as the case may be, existing immediatelybefore that payment under section 16 shall, to the extent of the amount ofthat payment under section 16, be transferred to and vest in the Board forthe benefit of the Fund and the Board may take such steps as it considersnecessary to enforce those rights and remedies.(2) The rights and remedies of an applicant in respect of a severancepayment transferred to and vested in the Board pursuant to subsection (1)shall include the rights and remedies of the applicant in respect of somuch of that severance payment as the applicant would, on the winding upof a company, be entitled to priority under section 265 (1) (ca) of theCompanies Ordinance (Cap. 32) or would, on a bankruptcy, be entitled topriority under section 38 (1) (ca) of the Bankruptcy Ordinance (Cap. 6).(Replaced 45 of 1991 s. 4)(2A) Where--(a) the amount of any wages due to an applicant exceeds the amount of anypayment made to him under section 16 in respect of those wages, nothing inthis section shall affect the rights or remedies of the applicant inrespect of the amount of the excess;(b) the amount of any liability in respect of the payment to an applicantof a severance payment exceeds the amount of any payment made to him undersection 16 in respect of the severance payment, the rights or remedies ofthe applicant in respect of the amount of the excess shall be subject tothe rights and remedies of the applicant in respect of the severancepayment transferred to and vested in the Board pursuant to subsection (1).(Added 45 of 1991 s. 4)(3) In this section "wages" includes wages in lieu of notice. (Added 48 of1987 s. 6) (Amended 38 of 1989 s. 6)25. Recovery of payment made by mistakeWhere--(a) any payment is made to any person from the Fund under a mistake of lawor fact; or(b) notwithstanding that no person has beer charged with or convicted ofan offence under section 26, any payment is made to any person, in respectof an application that is false in any material particular,such payment shall be recoverable by the Board from the recipient thereofas a debt due to the Board. PART VII MISCELLANEOUS26. Offences(1) Any person who--(a) in providing information for the purposes of this Ordinance includingany inquiry thereunder, makes any statement which he knows to be false ina material particular or recklessly makes a statement which is false in amaterial particular; or(b) for the purposes of this Ordinance including any inquiry thereunderand with intent to deceive, produces, supplies or sends, or otherwisemakes use of, any document or record which is false in a materialparticular,commits an offence and is liable to a fine of $50,000 and to imprisonmentfor 3 months.(2) Any person who, without reasonable excuse, fails to comply with anyrequirement imposed by the Commissioner under section 19 (1) or (4)commits an offence and is liable to a fine of $ 5,000 and to imprisonmentfor 1 month.(3) Without prejudice to any Ordinance relating to the prosecution ofoffences or to the powers of the Attorney General in respect of theprosecution of criminal offences, a prosecution for any offence under thisOrdinance may be brought in the name of the Commissioner and commenced andconducted by an officer of the Labour Department authorized in that behalfin writing by the Commissioner.(4) Where a complaint is made or an information laid for an offence underthis Ordinance by the Commissioner or any officer authorized undersubsection (3), the complainant or informant shall, for the purposes ofsection 8 (1B) of the Magistrates Ordinance (Cap. 227), be deemed to beacting on behalf of the Attorney General.27. RegulationsThe Governor in Council may be regulations--(a) prescribe anything required or permitted to be prescribed under thisOrdinance;(b) provide for the better carrying into effect of the provisions of thisOrdinance.28. Power of Governor to amend ScheduleThe Governor may by notice in the Gazette amend the Schedule.29. TransitionalThe Protection of Wages on Insolvency (Amendment) Ordinance 1987 (48 of1987) ("the amending Ordinance") shall apply to and in relation to anypayment to be made in accordance with section 38 of the BankruptcyOrdinance (Cap. 6), or section 265 of the Companies Ordinance (Cap. 32),after the Commencement of the amending Ordinance, notwithstanding that anydebt to which such payment relates was incurred before that commencement.(Incorporated 48 of 1987 s. 9) SCHEDULE [ss. 3 & 28] PROTECTION OF WAGES ON INSOLVENCY FUND BOARD1. Status of BoardThe Board shall not be the servant or agent of the Crown nor shall itenjoy any status, immunity or privilege of the Crown.2. Seal(1) The Board shall have a common seal, the affixing of which shall beauthenticated by the signature of any 2 members.(2) Any document purporting to be a document duly executed under the sealof the Board shall be received in evidence and shall, unless the contraryis proved, be deemed to be a document so executed.3. Tenure of members(1) A member of the Board who is not a public officer shall, unless hisappointment is terminated or otherwise ceases, hold office for such periodas the Governor may specify.(2) On the expiry of his period of appointment or re-appointment, anymember to whom subparagraph (1) applies shall be eligible forre-appointment for such further term as the Governor may specify.(3) Any member to whom subparagraph (1) applies may at any time resignfrom office by giving notice in writing to the Governor, and he shallcease to be a member from the date specified in the notice or, if no dateis specified, from the date of the receipt by the Governor of the notice.(4) If any member of the Board. other than the Chairman, is absent fromHong Kong or is for any other reason unable to exercise the powers orperform the duties of his office as member, the Governor may appointanother person to be a temporary member in his place during his absence orincapacity.4. Chairman(1) The Governor shall appoint a person to be Chairman of the Board andshall give notice of such appointment by notice in the Gazette.(2) If the Chairman is absent from Hong Kong or is for any other reasonunable to act as Chairman, the Governor may appoint another person to beChairman in his place during his absence or incapacity and shall givenotice of such appointment by notice in the Gazette.(3) At any meeting of the Board the Chairman shall have a casting vote inaddition to a deliberative vote.5. Meetings and proceedings of the Board(1) Meetings of the Board shall be held at such times and places as theChairman or person acting as Chairman may appoint.(2) The quorum for meetings of the Board shall be 5.(3) Subject to this Schedule the Board may determine its own procedure.6. Transaction of business by circulation of papersThe Board may transact any of its business by the circulation of papers,and a resolution in writing which is approved by a majority of the membersshall be valid and effectual as if it had been passed at a meeting of theBoard by the votes of its members so approving the resolution.7. Board may delegate to CommissionerThe Board may by resolution, with or without restrictions or conditions asit thinks fit, delegate in writing to the Commissioner any of its powersand duties other than its power under section 4 (1) (b) or 17 (3).8. CommitteesThe Board may create and appoint such committees for any general orspecial purposes as it thinks fit and, in relation to such committees, --(a) the Chairman shall be appointed by the Board; and(b) the Chairman and at least 2 out of every 3 persons appointed to acommittee shall be members of the Board.9. Board may delegate to CommitteeThe Board may by resolution, with or without restrictions or conditions asit thinks fit, delegate in writing to any committee appointed underparagraph 8 any of its powers and duties other than its power undersection 4 (1) (b) or 17 (3).Note: Section 4 of 15 of 1993 which amended the Protection of Wages onInsolvency Ordinance is a transitional provision that affects thisOrdinance.