中国建设银行关于转发煤代油基建贷款委托代理补充协议的通知
建设银行
中国建设银行关于转发煤代油基建贷款委托代理补充协议的通知
建设银行
现将国家计划委员会以煤代油专用资金办公室和中国建设银行委托代理部签订的煤代油基建贷款委托代理补充协议转发你们，作为对煤代油基建贷款委托代理协议（建总函字〔1996〕第127号文印发）的补充。
为了做好煤代油基建贷款的委托代理工作，请各经办该项业务的分行及有关经办行，认真履行协议，严格按照《中国建设银行代理煤代油基建贷款业务管理办法》（建总发字〔1996〕第143号文印发）中的要求做好此项工作，并向总行及时上报有关统计表。在执行过程中如发现
问题，请及时报告总行。
附件：委托代理补充协议
委托方（甲方）：国家计委以煤代油专用资金办公室
代理方（乙方）：中国建设银行委托代理部
国家计划委员会和中国建设银行就煤代油贷款部分业务的委托代理协议于1995年12月4日签订，1996年1月1日起生效。现经甲乙双方协商，对原协议中的未尽事宜达成补充协议如下：
一、甲方委托乙方在借款人不能按期归还借款本息，且未取得甲方书面同意时，可从借款人的银行帐户中直接扣收借款本金、利息及有关费用。
二、因借款人不按期归还贷款而发生的纠纷，甲方可委托乙方依法起诉借款上，乙方必须为维护甲方债权提供服务，不得推诿；但甲方不得以该借款合同纠纷为由起诉乙方。
三、本协议作为1995年12月4日签订的委托代理协议的补充条款，自签订之日起生效。
甲方：国家计委以煤代油专用资金办公室（签章）
乙方：中国建设银行委托代理部（签章）
1996年10月18日
1996年10月25日
PROTECTION OF WAGES ON INSOLVENCY ORDINANCE ——附加英文版
Hong Kong
PROTECTION OF WAGES ON INSOLVENCY ORDINANCE
(CHAPTER 380)
CONTENTS
ion
I PRELIMINARY
hort title
nterpretation
II PROTECTION OF WAGES ON INSOLVENCY FUND BOARD
stablishment and incorporation of Wages on Insolvency Fund Board
unctions and powers of the Board
oard to be subject to directions of the Governor in Council
III FUND
stablishment of Protection of Wages on Insolvency Fund
ayments from the Fund
IV FINANCIAL PROVISIONS
inancial year and estimates
ank account
Investment of moneys
Accounts
Auditors
Statements and reports to be laid on table of Legislative Council
Costs of administering the Fund
V PAYMENT FROM THE FUND
Entitlement to apply for ex gratia payment
Payment
Review by Board
Additional power of Commissioner
Verification of application
Decisions under this Part not to be challenged
Power of Commissioner to delegate
Payment not to affect right to legal aid
Proof by certificate
VI RECOVERY OF PAYMENTS
Subrogation
Recovery of payment made by mistake
VII MISCELLANEOUS
Offences
Regulations
Power of Governor to amend Schedule
Transitional
dule Protection of Wages on Insolvency Fund Board
rovide for the establishment of a board to administer the
Protection
ages on Insolvency Fund, to provide for payment of monies from
the
to employees whose employers become insolvent; and for matters
ected therewith or incidental thereto.
April 1985] L. N. 100 of 1985
PART I PRELIMINARY
hort title
Ordinance may be cited as the Protection of Wages on
Insolvency
nance.
nterpretation
his Ordinance, unless the context otherwise requires--
licant" means any person who would, on the winding up of a company,
be
tled to priority under section 265 (1) (b), (c), (ca) or (cc) of
the
anies Ordinance (Cap. 32) or who would, on a bankruptcy, be
entitled
riority under section 38 (1) (b), (c), (ca) or (cc) of the
Bankruptcy
nance (Cap. 6) other than a person whose employer is an individual
and
is a member of the family of that employer and who dwells in the
same
ling as that employer; (Amended 48 of 1987 s. 2; 38 of 1989 s.
2)
kruptcy petition" means a bankruptcy petition under the
Bankruptcy
nance (Cap. 6);
rd" means the Protection of Wages on Insolvency Fund Board
established
ection 3;
missioner" means the Commissioner for Labour;
pany" means any body which is liable to be wound up
under the
anies Ordinance (Cap. 32);
ancial year" means the financial year of the Fund fixed under
section
Fund" means the Protection of Wages on Insolvency Fund referred
to in
ion 6;
y" has the meaning assigned to it by section 2 of the
Business
stration Ordinance (Cap. 310);
everance payment" means a severance payment payable by an
employer to
mployee under section 31B (1) of the Employment Ordinance (Cap.
57);
laced 45 of 1991 s. 2)
"wages" means wages or salary in respect of
h an applicant would, on the winding up of a company, be entitled
to
rity under section 265 (1) (b) or (c) of the Companies Ordinance
(Cap.
or who would, on a bankruptcy, be entitled to priority under
section
1) (b) or (c) of the Bankruptcy Ordinance (Cap. 6), save
that the
nt specified in section 265 (1) (b) or (c) of the Companies
Ordinance
. 32) or section 38 (1) (b) or (c) of the Bankruptcy Ordinance
(Cap.
as the case may be) as the maximum amount in respect of
which an
icant would be entitled to priority, or any amount
substituted
efor under section 265 (1A) or (1B) of the Companies Ordinance
(Cap.
or (as the case may be) section 38 (2), (2A) or (2B) of the
Bankruptcy
nance (Cap. 6), shall not apply; (Amended 15 of 1993 s. 2)
"wages in lieu of notice" means wages in lieu of notice in respect
of
h an applicant would, on the winding up of a company, be entitled
to
rity under section 265 (1) (cc) of the Companies Ordinance (Cap.
32),
ould, in a bankruptcy, be entitled to priority under section 38
(1)
of the Bankruptcy Ordinance (Cap. 6), save that the amount
specified
ection 265 (1) (cc) of the Companies Ordinance (Cap. 32) or
section 38
(cc) of the Bankruptcy Ordinance (Cap. 6) (as the case may be)
as the
mum amount in respect of which an applicant would be
entitled to
rity shall not apply; (Added 48 of 1987 s. 2. Amended 15 of 1993
s. 2)
ding-up petition" means a winding-up petition under Part V or X
of the
anies Ordinance (Cap. 32).
PART II PROTECTION OF WAGES ON INSOLVENCY FUND BOARD
stablishment and incorporation of Wages on Insolvency Fund Board
There is hereby established a board to be known as the Protection
of
s on Insolvency Fund Board and in the Chinese language as which
shall
body corporate.
The Board shall consist of a Chairman appointed under the Schedule
and
more than 10 members appointed by the Governor as follows--
subject to paragraph (b) not more than 4 public officers;
equal numbers of persons who, in his opinion, represent employers
and
ons who, in his opinion, represent employees.
The Governor shall give notice of each appointment by notice in
the
tte.
The Schedule shall have effect with respect to the Board.
unctions and powers of the Board
The Board shall have the following functions--
to administer the Fund;
to make recommendations to the Governor with respect to the
rate of
; and
to perform such other duties as are imposed or other powers as
are
erred on it by this Ordinance.
The Board may do all such things as are necessary for, or
incidental
onducive to, the better carrying out of the functions of the Board
and
in particular, but without prejudice to the generality
of the
going--
hold, acquire or lease all kinds of property whether
movable or
vable;
sell or otherwise dispose of all kinds of property whether movable
or
vable;
subject to section 10, invest its funds in such manner and to
such
nt as it thinks necessary or expedient; and
with the prior consent of the Financial Secretary, borrow
money in
manner and on such securities or terms as it thinks expedient.
oard to be subject to directions of the Governor in Council
Governor in Council may give to the Board such directions as he
thinks
with respect to the exercise of its functions under this Ordinance
and
Board shall comply with any such direction.
PART III FUND
stablishment of Protection of Wages on Insolvency Fund
fund known as the Protection of Wages on Insolvency Fund
established
r the provisions of section 21 of the Business Registration
Ordinance
. 310) in force immediately before the commencement of this
Ordinance
l be deemed to be established and continue in existence under
this
ion, and shall consist of--
moneys that are paid by the Commissioner of Inland Revenue under
that
ion whether paid before or after the commencement of this
Ordinance;
moneys recovered under Part VI;
interest and other income derived from the moneys and
investments
rising the Fund; and
other moneys lawfully paid into the Fund.
ayments from the Fund
e shall be paid from the Fund the following--
payments to applicants under section 16;
expenses incurred by the Board for the purposes of this Ordinance;
capital, interest and charges in respect of any loan; and
any other sums required or permitted to be paid by the Fund under
this
nance.
PART IV FINANCIAL PROVISIONS
inancial year and estimates
The Board may, from time to time, with the prior approval
of the
rnor, fix a period to be the financial year of the Fund.
In each financial year, before a date to be fixed by the Governor,
the
d shall submit to the Governor, for his approval, estimates
of the
me and expenditure of the Fund for the next financial year:
ided that the estimates for the first financial year of the Fund
shall
ubmitted as soon as practicable after the commencement
of this
nance.
The Governor shall consider the estimates submitted to
him under
ection (2) and may approve or reject them and, in the
case of
ction, may require the Board to resubmit the estimates
modified in
manner and within such time as the Governor may direct.
The Board may, from time to time, vary the estimates approved
under
ection (3) and shall, as soon as practicable, deliver to the
Governor
atement in writing containing details of any variation.
ank account
Board shall open and maintain an account with a bank approved by
the
ncial Secretary and shall pay all moneys of the Fund
into that
unt.
Investment of moneys
moneys of the Fund that are not immediately required by the Board
may
deposited on fixed term or call deposit or in a savings account
in
bank licensed under the Banking Ordinance (Cap. 155); or
with the prior approval of the Financial Secretary, invested in
such
r investments as the Board thinks fit.
Accounts
Board shall--
keep and maintain such accounts and records of all transactions
of the
as the Director of Accounting Services may require; and
after the end of each financial year cause to be prepared a
statement
he accounts of the Fund which shall include an income and
expenditure
unt and balance sheet and shall be signed by the Chairman.
Auditors
The Board shall at the commencement of each financial year
appoint
tors, who shall be entitled to have access to all books of
account,
hers and other records kept by the Board and to
require such
rmation and explanations as they may think fit.
The auditors shall audit the statement of accounts prepared
under
ion 11 and shall report thereon to the Board.
Statements and reports to be laid on table of Legislative Council
The Board shall, within 6 months after the end of each financial
year
uch further time as the Governor may for any particular year
allow,
it to the Governor a report on the activities of the Board for
that
ncial year including copies of the statement of accounts
prepared
r section 11 and the report made under section 12.
The Governor shall cause the reports and statements received
by him
r subsection
to be laid on the table of the Legislative Council.
Costs of administering the Fund
All costs and expenses incurred by the Government in
administering the
shall be a charge upon general revenue.
The Financial Secretary may direct that a supervision fee
to be
rmined by him, in relation to such period as may be determined
by him,
l be charged against the income of the Fund and shall at a
time
rmined by him be paid to him by the Board from the Fund and paid
by
into general revenue.
PART V PAYMENT FROM THE FUND
Entitlement to apply for ex gratia payment
Subject to this Part, an applicant to whom--
wages are due and unpaid;
wages in lieu of notice are due and unpaid; or
the liability to be paid a severance payment has arisen
and the
rance payment is unpaid, whether or not the severance payment is
then
may apply for an ex gratia payment from the Fund in respect of
the
s, wages in lieu of notice or the severance payment, as the case
may
or all or any of them. (Replaced 38 of 1989 s. 3)
An application under subsection (1) (in this Part called an
lication" ) shall be made to the Commissioner in writing in a
form
oved by him. (Amended 48 of 1987 s. 3)
No applicant shall apply for payment from the Fund in respect of
any
s for services rendered before 1 April 1985.
No applicant shall apply for payment from the Fund in respect of
wages
ieu of notice arising out of a contract of employment
terminated
re the commencement of the Protection of Wages on Insolvency
ndment) Ordinance 1987 (48 of 1987). (Added 48 of 1987 s. 3)
No applicant shall apply for payment from the Fund in respect
of a
rance payment the liability for payment of which arose
before the
encement of the Protection of Wages on Insolvency
(Amendment)
nance 1989 (38 of 1989). (Added 38 of 1989 s. 3)
Payment
Subject to subsections (1B) and (2) where it appears
to the
issioner that an employer has failed to pay any wages, wages in
lieu
otice or severance payment, as the case may be, or all or any of
them
n applicant and that--
in the case of an employer who is not a company--
a bankruptcy petition has been presented against him; or
he has committed an act of bankruptcy within the meaning of
section 3
he Bankruptcy Ordinance (Cap. 6) but a petition cannot be
presented
nst him by reason of section 6 (1) (a) of that Ordinance; or
(Replaced
f 1988 s. 2)
in the case of an employer who is a company, a winding-uppetition
has
presented against that employer,
ay make an ex gratia payment to the applicant out of the Fund of
the
nt of the wages, wages in lieu of notice or severance payment,
as the
may be, or all or any of them.
When the Commissioner makes a payment under subsection (1) (a)
(ii),
hall give notice of the payment and the reasons therefor
in the
tte. (Added 41 of 1988 s. 2)
Where an application has been made in respect of a severance
payment
h is not due at the date of the application, the
Commissioner may
r consideration of the application until the severance payment
becomes
(Added 38 of 1989 s. 4)
The Commissioner shall not make any payment under subsection
(1)--
to the applicant unless the applicant has verified his
application by
atutory declaration in a form approved by the Commissioner;
) of an amount exceeding $18,000 in respect of wages; (Replaced
15 of
s. 3)
) (Repealed 15 of 1993 s. 3)
in respect of wages for services rendered more than 4 months prior
to
date of application;
in respect of wages in lieu of notice--
) of an amount exceeding--
the equivalent of 1 month's wages of the applicant; or
$6,000,
hever is the lesser; or (Amended 15 of 1993 s. 3)
subject to subsection (2A), which became due more than 4 months
prior
he date of application; or (Replaced 38 of 1989 s. 4)
in respect of a severance payment--
of an amount exceeding the aggregate of $8,000 and half of that
part
he applicant's entitlement to severance payment in excess of
$8,000;
Replaced 45 of 1991 s. 3)
the liability for payment of which arose more than 4 months prior
to
date of application. (Added 38 of 1989 s. 4)
Subsection (2) (e) (ii) shall not apply to wages in lieu of
notice
ing out of a contract of employment terminated before the
commencement
he Protection of Wages on Insolvency (Amendment) Ordinance 1989
(38 of
). (Added 38 of 1989 s. 4)
) The Legislative Council may be
lution amend the period specified in subsection (2) (e) (i) (A)
or the
nt specified in subsection (2) (b), (e) (i) (B) or (f) (i).
(Added 48
987 s. 4. Amended 15 of 1993 s. 3)
nded 48 of 1987 s. 4; 38 of 1989 s. 4)
Review by Board
Any applicant aggrieved by any decision of the Commissioner
under
ion 16 may in writing--
request the Commissioner to give reasons for that decision; and
after being given reasons under paragraph (a),
request the
issioner to refer the application to the Board.
Upon receiving a request from an applicant under subsection (1)
(b),
Commissioner shall forward all documents relating to the
application
he Chairman of the Board.
The Board may confirm or vary any decision of the Commissioner
on an
ication referred to it under this section or may for those
purposes
ire the Commissioner to make further inquiries relating
to the
ication.
Additional power of Commissioner
Notwithstanding that in any particular case a petition referred
to in
ion 16 (1) (a) (i) or (b) has not been presented against an
employer,
Commissioner may, subject to subsection (2) of that section,
make an
ratia payment under that section in that case if in his opinion--
nded, 41 of 1988 s. 3)
the employer employs less than 20 employees;
sufficient evidence exists to support the presentation of a
petition
hat case on the ground--
if the employer is a company, that he is unable to pay his debts;
or
if the employer is a person other than a company, that
he has
itted an act of bankruptcy; and
it is unreasonable or uneconomic to present a petition in that
case.
Where the Commissioner exercises his discretion under
subsection (1)
ake payment, he shall give notice in the Gazette stating that,
in his
ion, sufficient evidence exists to support the
presentation of a
tion on the ground--
if the employer is a company, that he is unable to pay his debts;
or
if the employer is a person other than a company, that
he has
itted an act of bankruptcy.
Nothing in subsection (2) shall require the Commissioner to give
more
one notice in respect of each employer.
No action shall lie against the Commissioner in respect of any
notice
n under subsection (2).
Verification of application
For the purpose of verifying any application under section 15,
or if
equired by the Board under section 17 (3), the Commissioner may
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