河南省人民政府关于劳动模范评选管理暂行办法
河南省政府
河南省人民政府关于劳动模范评选管理暂行办法
省政府
第一条 为了加强劳动模范的评选、命名和管理工作，根据《河南省人民政府行政奖励试行办法》和国家有关规定，制定本办法。
第二条 本办法适用于工人、农民、国家工作人员和其他劳动者。
第三条 劳动模范分为：
(一)省劳动模范；
(二)市(地)劳动模范；
(三)县(市)劳动模范。
第四条 劳动模范称号的获得者必须是坚持党的基本路线，模范遵守国家法律、法令和政策，并具备下列条件之一者：
(一)坚持改革，勇于创新，艰苦奋斗，勤俭创业，超额完成生产任务，为发展生产做出突出贡献者；
(二)在发明创造、科学研究、技术革新和提合理化建议等方面取得重大成果者；
(三)忠于职守，勤奋工作，在本职工作中做出突出贡献者；
(四)在防止重大事故，抢险救灾，维护社会治安，保护国家财产，计划生育等方面做出突出贡献者；
(五)在加强思想政治工作，推进社会主义精神文明建设方面有突出贡献者；
(六)在国际和全国性重大比赛中，获得优异成绩者；
(七)在其它方面有突出贡献者。
第五条 评选命名劳动模范，一般情况下，省每五年一次，市(地)每四年一次，县(市)每三年一次。必要时可提前或推后。对个别事迹特别突出的，可随时命名。
第六条 劳动模范的产生，必须由基层群众评议，所在单位推荐，经评审委员会审核，按照审批权限，报本级人民政府命名，或由本级人民政府审查同意后，报上级人民政府命名。
特殊情况下，可由所在单位提名，征求群众意见后，经政府人事部门会同有关部门审核，报人民政府命名。
第七条 省劳动模范由省人民政府命名；市(地)劳动模范由省辖市人民政府(地区行署)命名；县(市)劳动模范由县(市)人民政府命名。
第八条 定期评选、命名劳动模范时，县以上人民政府应成立评审委员会。评审委员会由人事、农经委(农委、农办)、计经委、劳动、财政等部门和工会组成。评审委员会的主要职责是：
(一)根据本地区经济建设的情况，提出评选劳动模范的比例、数额等具体方案，报请人民政府批准后组织实施；
(二)负责劳动模范称号获得者的资格审查，报请人民政府批准命名；
(三)组织筹备表彰大会。
第九条 对被命名为劳动模范的人员，由人民政府发布嘉奖令或奖励决定，召开会议予以表彰，同时颁发奖章、证书，并给予一定的物质鼓励。
第十条 劳动模范按照国家和本省规定享受有关待遇。
第十一条 劳动模范应珍惜荣誉，保持先进性。对有下列情况之一的，应当撤销其劳动模范称号，收回奖章、证书，取消相应的待遇。
(一)主要模范事迹严重失实的；
(二)受记大过以上处分的；
(三)受劳动教养、刑事处罚的。
取消劳动模范称号，按命名劳动模范的程序报批。
第十二条 对劳动模范的评选、管理工作，实行归口管理、分级负责的原则：
(一)省、市、县总工会负责管理本级人民政府命名的国家职工和其他劳动者中的劳动模范；
(二)省、市、县农经委(农委、农办)负责管理本级人民政府命名的农民劳动模范。
第十三条 劳动模范管理工作的主要内容是：
(一)参与劳动模范的评选、推荐等工作；
(二)总结、宣传劳动模范的先进事迹和先进经验；
(三)建立并管理劳动模范的档案。档案包括：登记表、先进事迹、情况变化(如工作性质变化、退休、死亡、取消荣誉称号、档案传递等)；
(四)协助有关单位落实国家对劳动模范的待遇；了解劳动模范的学习、生活和工作情况，听取劳动模范的意见和要求，帮助解决实际困难；为劳动模范创造学习条件，提高他们的政治、业务和科学文化水平；
(五)维护劳动模范的合法权益，协同有关部门对歧视、压制、打击或诬告劳动模范的行为进行调查处理。
第十四条 对外地区调入本地区的劳动模范，按本办法进行管理。
第十五条 各级人民政府应当重视和爱护劳动模范，加强宣传工作，提高劳动模范的社会地位，减轻他们的社会负担，发挥他们的模范作用。
第十六条 劳动模范的奖章、证书，由省人事厅统一设计、监制。
第十七条 本办法执行中的具体问题由省人事厅负责解释。
第十八条 本办法自发布之日起施行。
1992年12月2日
MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE ——附加英文版
Hong Kong
MERCHANT SHIPPING (LIABILITY AND COMPENSATION FOR OIL POLLUTION) ORDINANCE
(CHAPTER 414)
ARRANGEMENT OF SECTIONS
ion
I PRELIMINARY
hort title
nterpretation
ertificate as to parties to Conventions
alculation of tonnage
II LIABILITY FOR OIL POLLUTION AND COMPULSORY INSURANCE
nterpretation of Part II
iability for oil pollution
xceptions from liability under section 6
estriction of liability for oil pollution
imitation of liability under section 6
Limitation actions
Restriction on enforcement of claims after establishment of
limitation
fund
Concurrent liabilities of owners and others
Establishment of limitation fund outside Hong Kong
Extinguishment of claims under Part II
Compulsory insurance against liability for oil pollution
Issue of certificate by Director
Rights of third parties against insurers
Jurisdiction of Hong Kong courts and registration of foreign
judgments
Warships, etc.
Liability for cost of preventive measures where section 6 does
not
apply
Saving for recourse actions
III THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND
Interpretation of Part III
Contributions to the Fund
Power to obtain information
Liability of the Fund for pollution damage
Indemnification of ship owner where ship registered in Fund
Convention
country
Effect of judgments
Extinguishment of claims under Part III
Subrogation and rights of recourse
IV MISCELLANEOUS
Offences by bodies corporate
Fees
Amendments, Savings and Repeals
dule 1. Overall limit on liability of Fund
dule 2. (Omitted)
rdinance to provide for compensation for pollution caused
by the
harge or escape of oil from oil-carrying ships and for the
liability
hipowners; for compulsory insurance in respect of such liability;
for
ributions by oil importers and others to the International
Fund for
ensation for Oil Pollution Damage; for the liability of the
Fund in
ain circumstances for such pollution; for the
indemnification of
owners by the Fund; and for incidental or related matters.
January 1991] L. N. 13 of 1991
PART I Preliminary
hort title
Ordinance may be cited as the Merchant Shipping
(Liability and
ensation for Oil Pollution) Ordinance.
nterpretation
In this Ordinance, unless the context otherwise requires--
t" includes expenses;
ntry" includes any territory;
rt" means the High Court or a judge thereof;
age" includes loss;
ector" means the Director of Marine;
d Convention" means the International Convention on the
establishment
n International Fund for Compensation for Oil Pollution Damage
opened
signature in Brussels on 18 December 1971;
g Kong ship" means a ship registered in Hong Kong;
bility Convention" means the International Convention
on Civil
ility for Oil Pollution Damage opened for signature in Brussels
on 29
mber 1969;
er", in relation to a ship, means the person or persons registered
as
owner of the ship or, in the absence of registration, the
person or
ons owning the ship, except that in relation to a ship owned
by a
e which is operated by a person registered as the ship's operator,
it
s the person registered as its operator; (Amended 74 of 1990 s.
104
lution damage" means damage caused outside a ship carrying
oil by
amination resulting from the discharge or escape of oil from the
ship,
ever the discharge or escape may occur, and includes the
cost of
entive measures and damage caused by preventive measures;
ventive measures" means any reasonable measures taken by any
person
r a discharge or escape of oil from a ship to prevent or
reduce
ution damage;
p" means any sea-going vessel or seaborne craft of
any type
soever, carrying oil in bulk as cargo;
cial drawing rights" means units of account used by the
International
tary Fund and known as special drawing rights;
minal installation" means any site for the storage of oil in
bulk
h is capable of receiving oil from waterborne
transportation,
uding any facility situated offshore and linked to any such site.
For the purposes of this Ordinance, where more than one
discharge or
pe results from the same occurrence or from a series of
occurrences
ng the same origin, they shall be treated as one; but any
measures
n after the first of them shall be deemed to have been taken after
the
harge or escape.
References in this Ordinance to the area of any country include
the
itorial sea of that country.
ertificate as to parties to Conventions
rtificate signed by the Governor and certifying that a State
specified
he certificate--
is a party to the Liability Convention in respect of a
country
ified in the certificate; or
is a party to the Fund Convention in respect of a country specified
in
certificate,
l be conclusive evidence of the matters contained therein and
shall in
legal proceedings under this Ordinance to which it
relates be
ssible on its production and without further proof.
alculation of tonnage
the purposes of this Ordinance, the tonnage of a ship
shall be
rtained as follows--
where the register tonnage of the ship has been or can be
ascertained
ccordance with the Merchant Shipping (Tonnage) Regulations
(App. I,
, the ship's tonnage shall be the register tonnage of the ship
as so
rtained but without making any deduction required by those
regulations
ny tonnage allowance for propelling machinery space;
where the ship is of a class or description with respect to which
no
ision is for the time being made by the Merchant Shipping
(Tonnage)
lations, the tonnage of the ship shall be taken to be 40%
of the
ht (expressed in tons of 2 240 lbs) of oil which the ship is
capable
arrying;
where the tonnage of the ship can not be ascertained in
accordance
either paragraph (a) or (b), the Director shall, if so directed
by
court in any proceedings, certify what, on the evidence
specified in
direction, would in his opinion be the tonnage of the
ship as
rtained in accordance with paragraph (a) or (b), as the case may
be,
he ship could be duly measured for the purpose; and the tonnage
stated
is certificate shall be taken to be the tonnage of the ship.
PART II LIABILITY FOR OIL POLLUTION AND COMPULSORY INSURANCE
nterpretation of Part II
In this Part--
bility Convention country" means a country in respect of
which the
ility Convention is in force; and
bility Convention State" means a State which is a party
to the
ility Convention.
In relation to any pollution damage resulting from the
discharge or
pe of any oil carried in a ship references in this Part to the
owner
he ship are references to the owner at the time of the
occurrence
lting in the discharge or escape or, if there is more than one
such
rrence, at the time of the first of such occurrences.
References in this Part to the Merchant Shipping Act 1979 (1979
c. 39
.) are references to that Act as it applies in Hong Kong.
iability for oil pollution
Where, as a result of any occurrence taking place while a
ship is
ying a cargo of persistent oil in bulk, any persistent oil carried
by
ship (whether as part of the cargo or otherwise) is
discharged or
pes from the ship, the owner of the ship shall be liable, except
as
rwise provided by this Ordinance, for any pollution damage
caused in
Kong.
Where--
a liability arises under subsection (1); and
the discharge or escape by reason of which the liability arose
also
lts in pollution damage in the area of a Liability Convention
country
r than Hong Kong, the owner of the ship concerned shall also be
liable
r subsection (1) for that damage as if the damage had occurred
in Hong
.
Where persistent oil is discharged or escapes from 2 or more
ships
-
a liability is incurred under this section by the owner of
each of
; but
the pollution damage for which each of the owners would, apart
from
subsection, be liable cannot reasonably be separated from that
for
h the other or others would be liable,
of the owners shall be liable, jointly with the other or others,
for
whole of that damage for which the owners together would be
liable
r this section.
Section 21 of the Law Amendment and Reform (Consolidation)
Ordinance
. 23) shall apply in relation to any pollution damage for
which a
on is liable under this section, but which is not due to his fault,
as
t were due to his fault.
xceptions from liability under section 6
owner of a ship from which persistent oil has been discharged or
has
ped shall not incur any liability under section 6 if he proves
that
discharge or escape--
resulted from an act of war, hostilities, civil war,
insurrection or
xceptional, inevitable and irresistible natural phenomenon; or
was due wholly to anything done or left undone by another person,
not
g a servant or agent of the owner, with intent to do damage; or
was due wholly to the negligence or wrongful act of a
government or
r authority in exercising its function of maintaining lights or
other
gational aids for the maintenance of which it was responsible.
estriction of liability for oil pollution
e, as a result of any occurrence taking place while a ship is
carrying
rgo of persistent oil in bulk, any persistent oil carried by the
ship
ther as part of the cargo or otherwise) is discharged or escapes
then,
her or not the owner incurs a liability under section 6,--
he shall not be liable otherwise than under that section for any
such
ution damage as is mentioned therein; and
no servant or agent of the owner and no person performing
salvage
ations with the agreement of the owner shall be liable for any
such
ge.
imitation of liability under section 6
e the owner of a ship incurs a liability under section 6 by reason
of
scharge or escape which occurred without his actual fault or
privity,
ay limit that liability in accordance with this Ordinance, and
if he
so his liability (that is to say, the aggregate of his
liabilities
r section 6 resulting from the discharge or escape) shall not
exceed--
133 special drawing rights for each ton of the ship's tonnage;
or
14,000,000 special drawing rights, whichever amount is the less.
Limitation actions
Where the owner of a ship has or is alleged to have
incurred a
ility under section 6 he may apply to the court in accordance
with
s of court for the limitation of that liability to
an amount
rmined in accordance with section 9.
If on such an application the court finds that the
applicant has
rred such a liability and is entitled to limit it, the court
shall
rmine the limit of the liability and direct payment into court
of the
nt of that limit, and shall then
determine the amounts that would, apart from the limit, be
due in
ect of the liability to the several persons making claims
in the
eedings under this section; and
direct the distribution of the amount paid into court (or, as the
case
be, so much of it as does not exceed the liability) among
those
ons in proportion to their claims subject to the following
provisions
his section.
A payment into court of the amount of a limit determined under
this
ion shall be made in Hong Kong dollars and--
for the purposes of converting such an amount from special
drawing
ts into Hong Kong dollars the Monetary Authority may certify, in
Hong
dollars, the respective amounts which are to be taken as
equivalent
a particular day to the sums expressed in special drawing
rights in
ion 9;
a certificate signed by or on behalf of the Monetary Authority
under
graph (a) shall be conclusive evidence of the matters
contained
ein and shall in legal proceedings under this Ordinance to
which it
tes be admissible on its production and without further proof.
nded 82 of 1992 s. 44)
No claim shall be made in proceedings under this section except
within
time as the court may direct or such further time as the court
may
w.
Where any sum has been paid in or towards satisfaction of any claim
in
ect of the pollution damage to which the liability referred
to in
ection (1) extends--
by the owner or the person referred to in section 17 as "the
insurer";
by a person who has or is alleged to have incurred a
liability,
rwise than under section 6, for that damage and who is
entitled to
t his liability in connection with the ship by virtue of the
Merchant
ping Act 1979 (1979 c. 39 U. K.), the person who paid the sum
shall,
he extent of that sum, be in the same position with respect to
any
ribution made in proceedings under this section as the person to
whom
as paid would, apart from this subsection, have been,
and the
ribution shall be made accordingly.
Where the owner who incurred the liability referred to in
subsection
has voluntarily made any reasonable sacrifice or taken
any other
onable measures to prevent or reduce pollution damage to
which the
ility extends or might have extended he shall be in the same
position
respect to any distribution made in proceedings under this
section as
e had established a claim in respect of the liability for an
amount
l to the cost of the sacrifice or other measures, and the
distribution
l be made accordingly.
The court may, if it thinks fit, postpone the distribution of
such
of the amount to be distributed as it deems appropriate having
regard
ny claims that may later be established before a court outside
Hong
.
Restriction on enforcement of claims after establishment of
limitation
e the court has found that a person who has incurred a liability
under
ion 6 is entitled to limit that liability to any amount and
he has
into court a sum not less than that amount--
the court shall order the release of any ship or other
property
sted in connection with a claim in respect of that liability or
any
rity given to prevent or obtain release from such an arrest; and
no judgment or decree for any such claim shall be enforced, except
so
as it is for costs,
sum paid into court, or such part thereof as corresponds to the
claim,
be actually available to the claimant or would have been available
to
if the proper steps in the proceedings under section 10
had been
n.
Concurrent liabilities of owners and others
e, as a result of any discharge or escape of persistent oil
from a
, he owner of the ship incurs a liability under section 6 and
any
r person incurs a liability, otherwise than under that section,
for
such pollution damage as is mentioned in subsection (1)
of that
ion, then, if--
the owner has been found, in proceedings under section 10,
to be
tled to limit his liability to any amount and has paid into
court a
not less than that amount; and
the other person is entitled to limit his liability in connection
with
ship by virtue of the Merchant Shipping Act 1979 (1979 c. 39 U.
K.),
roceedings shall be taken against the other person in respect of
his
ility, and if any such proceedings were commenced before the
owner
the sum into court, no further steps shall be taken
in the
eedings except in relation to costs.
Establishment of limitation fund outside Hong Kong
e the events resulting in the liability of any person under
section 6
result in a corresponding liability under the law of a
Liability
ention country other than Hong Kong, sections 11 and 12 shall
apply as
he references to sections 6 and 10 included references
to the
esponding provisions of that law and the references to sums paid
into
t included references to any sums secured under those
provisions in
ect of the liability.
Extinguishment of claims under Part II
ction to enforce a claim in respect of a liability incurred
under
ion 6 shall be brought in any court in Hong Kong unless the action
is
enced not later than 3 years after the claim arose and not later
than
ars after the occurrence or, if there is more than
one such
rrence, the first of such occurrences resulting in the
discharge or
pe by reason of which the liability was incurred.
Compulsory insurance against liability for oil pollution
Subject to section 19, subsection (2) applies to any ship carrying
in
a cargo of more than 2,000 tons of persistent oil as
defined in
lations made under this section.
A ship to which this subsection applies shall not enter or leave--
the waters of Hong Kong; or
if the ship is a Hong Kong ship, a port in any other country
or a
inal installation in the territorial sea of any other country,
unless
e is in force a certificate complying with subsection
(4) and
ifying that there is in force in respect of the ship a
contract of
rance or other security satisfying the requirements of Article
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