电力争议纠纷调解规定
国家电力监督管理委员会
电力争议纠纷调解规定
国家电力监管委员会令第 30 号
《电力争议纠纷调解规定》已经2011年9月20日国家电力监管委员会主席办公会议审议通过，现予公布，自2012年1月1日起施行。
主 席 吴新雄
二○一一年九月三十日
电力争议纠纷调解规定
第一条 为了规范电力争议纠纷调解行为，完善电力争议纠纷调解制度，及时解决电力争议纠纷，根据国家有关规定，制定本规定。
第二条 国家电力监管委员会及其派出机构（以下简称电力监管机构）调解电力争议纠纷，适用本规定。
第三条 电力监管机构调解电力争议纠纷，遵循下列原则:
（一）在当事人自愿、平等基础上进行调解；
（二）不违背法律、行政法规和国家政策，公平合理；
（三）尊重当事人的权利，不得因调解而阻止当事人依法通过仲裁、司法等途径维护自己的权利。
第四条 当事人可以向电力监管机构申请调解，电力监管机构也可以主动调解。当事人一方明确拒绝调解的，不得调解。
第五条 当事人向电力监管机构申请调解，应当符合下列条件：
（一）申请人与电力争议纠纷有直接利害关系；
（二）有明确的被申请人；
（三）有具体的调解请求、事实和理由；
（四）争议纠纷事项属于电力监管机构管辖。
第六条 电力监管机构收到调解申请后，应当在七日内决定是否受理并且通知当事人。
第七条 符合本规定第五条规定条件的调解申请，被申请人同意调解的，电力监管机构应当受理。电力监管机构主动调解的，双方当事人同意即为受理。
第八条 调解申请有下列情形之一的，电力监管机构不予受理：
（一）被申请人明确拒绝调解的；
（二）已经就争议纠纷事项提起仲裁或者诉讼的；
（三）不符合本规定第五条规定条件的。
电力监管机构决定不予受理的，应当向当事人说明理由。
第九条 电力监管机构调解电力争议纠纷，应当根据争议纠纷复杂程度和争议纠纷标的大小，指定一名或者三名调解员进行调解。
第十条 调解员进行调解工作，不得偏袒一方当事人，不得利用调解工作的便利牟取不正当利益，不得泄露当事人的商业秘密和个人隐私。
调解员应当由公道正派、熟悉电力、法律、经济等业务知识的人员担任。
调解员的具体管理办法另行规定。
第十一条 当事人认为调解员与电力争议纠纷有利害关系或者其他关系可能影响公正调解的，可以向电力监管机构申请调解员回避。调解员认为自己与电力争议纠纷有利害关系或者其他关系，可能影响公正调解的，应当自行申请回避。
调解员是否回避，由电力监管机构负责人决定。
第十二条 当事人可以委托代理人参加调解。委托代理人代理的，被委托人应当提交授权委托书。授权委托书应当由委托人签名或者盖章，载明委托代理人姓名、性别、年龄、身份证明、联系方式、委托期限和代理权限。
第十三条 电力争议纠纷涉及第三人的，应当通知第三人参加。
第十四条 调解员可以采取下列方式调解电力争议纠纷：
（一）根据已掌握的情况向当事人提出争议纠纷解决建议；
（二）单独会见一方当事人或者同时会见各方当事人；
（三）以书面或者口头方式征求一方当事人或者各方当事人的意见；
（四）要求当事人提出争议纠纷解决建议或者方案；
（五）经当事人同意，聘请与争议纠纷各方无利害关系的专家或者机构对争议纠纷事项提供咨询建议或者鉴定意见；
（六）有利于当事人达成一致的其他方式。
第十五条 调解过程中，当事人应当如实陈述事实，遵守调解秩序，尊重调解员和对方当事人。
第十六条 调解过程中，当事人有下列情形之一的，电力监管机构可以终止调解：
（一）隐瞒重要事实、提供虚假情况的；
（二）故意拖延时间的；
（三）无正当理由缺席或者以其他方式表明退出调解的；
（四）就电力争议纠纷事项提起仲裁或者诉讼的；
（五）影响调解正常进行的其他情况。
第十七条 调解结果涉及第三人利益的，应当征得第三人同意。第三人不同意的，终止调解。
第十八条 调解应当自受理之日起三个月内结案。因情况复杂，在规定时间内不能结案的，可以适当延长，但最长不超过六个月。
第十九条 调解达不成协议的，终止调解。
第二十条 调解达成协议的，电力监管机构可以制作调解书。调解书可以载明下列事项：
（一）当事人的基本情况；
（二）电力争议纠纷的主要事实、争议纠纷事项以及各方当事人的责任；
（三）当事人达成调解协议的内容，履行的方式、期限。
调解书应当由调解员以及当事人签名或者盖章，并且加盖电力监管机构印章。电力监管机构应当将调解书及时送达当事人。
第二十一条 当事人应当履行调解书。调解书中有关民事权利义务的内容，具有民事合同的性质，法律另有规定的除外。
具有民事权利义务内容的调解书，当事人可以申请有管辖权的人民法院确认其效力。
第二十二条 具有给付内容的调解书，当事人可以按照《中华人民共和国公证法》的规定申请公证机关依法赋予强制执行效力。债务人不履行或者不适当履行具有强制执行效力的公证文书的，债权人可以依法向有管辖权的人民法院申请执行。
第二十三条 具有给付内容的调解书，债权人可以依据《中华人民共和国民事诉讼法》，向有管辖权的人民法院申请支付令。
第二十四条 参与调解的人员应当依法保守在调解过程中获知的涉及国家秘密、商业秘密和个人隐私的信息。
第二十五条 电力监管机构调解电力争议纠纷不收取任何费用。
第二十六条 发电厂与电网并网、电网与电网互联，并网双方或者互联双方达不成协议引起的争议纠纷，依照《电力并网互联争议处理规定》处理。
第二十七条 本规定自2012年1月1日起施行。2005年3月28日国家电力监管委员会发布的《电力争议调解暂行办法》同时废止。
TRANSFER OF BUSINESSES (PROTECTION OF CREDITORS) ORDINANCE ——附加英文版
Hong Kong
TRANSFER OF BUSINESSES (PROTECTION OF CREDITORS) ORDINANCE
(CHAPTER 49)
Whole document:
rotect creditors on the transfer of businesses, to provide
for the
ility of transferees of business, the manner in which such
liability
be avoided and for matters incidental thereto and connected
therewith,
to repeal the Fraudulent Transfers of Businesses Ordinance.
June 1980]
1. Short title
Ordinance may be cited as the Transfer of Businesses (Protection
of
itors) Ordinance.
2. Interpretation
In this Ordinance, unless the context otherwise requires--
eal" includes a motion for a new trial or to set aside a
verdict,
ing or judgment;
iness" means a business, or any part thereof, consisting of a
trade or
pation (other than a profession) whether or not it is carried on
with
ew to profit; "charge" means--
a debenture within the meaning of the Companies Ordinance (Cap.
32);
a mortgage;
a bill of sale;
a lien; or
any document,
r or pursuant to which a business or any assets thereof are charged
as
rity for the payment of money or the performance of an obligation,
and
udes an equitable charge;
rge-holder" means a person who, under or pursuant to a charge,
and for
purpose of enforcing payment of any money or for the
performance of
obligation, may sell any business;
e of transfer" means the date on which a transfer takes effect
or is
nded to take effect;
ice of transfer" means a notice of transfer in accordance with
section
registered charge" means a charge which is registered under--
the Land Registration Ordinance (Cap. 128);
the Companies Ordinance (Cap. 32);
the Bills of Sale Ordinance (Cap. 20); or
any other enactment;
nsfer" means the transfer or sale of a business, but does not
include-
the sale of the stock-in-trade of a business in the ordinary
course of
trade;
the creation of a charge;
the transfer of land or any share or interest therein; or
the transfer of a vessel (or the transfer of any interest or
share
ein), other than--
a vessel to which Part IV of the Shipping and Port Control
Ordinance
. 313) applies; or
a trawler to which Part XII of the Merchant Shipping Ordinance
(Cap.
applies; "transferee" means the person to whom a
business is
sferred by a transferor; "transferor" means--
in the case of the sale of a business under or pursuant to a
charge,
person whose business has been or is intended to be sold;
in every other case, the person by whom or on whose
behalf the
sfer has been or is intended to be made.
For the purposes of this Ordinance "transferor" and
"transferee"
ectively include a sub-transferor and a sub-transferee.
3. Transferee of business to be liable for liabilities of trans-
feror
Subject to this Ordinance, whenever any business is transferred,
with
ithout the goodwill thereof, the transferee shall,
notwithstanding any
ement to the contrary, become liable for all the
debts and
gations, including liability for tax charged or chargeable
under the
nd Revenue Ordinance (Cap. 112), arising out of the carrying on
of the
ness by the transferor.
Notwithstanding subsection (1), where a part of a
business is
sferred (other than the goodwill thereof) and in any
proceedings--
the transferee would, but for this subsection, be adjudged
liable
r this Ordinance for any debts and obligations arising out
of the
ying on of the business by the transferor; and
it is shown to the satisfaction of the court hearing the
proceedings
--
the transferee purchased such part of the business in good faith
and
value; and
at the date of transfer of such part of the business, the
transferee
no knowledge (whether actual, constructive or imputed)
what he was acquiring formed part of a business,
transferee shall not be liable under this Ordinance for the debts
and
gations arising out of the carrying on of the business
by the
sferor.
4. Circumstances in which the transferee's liability ceases
A transferee shall not become liable under section 3 if a
notice of
sfer has been given not more than 4 months, and not less than 1
month,
re the date of transfer and has become complete at the
date of
sfer.
Where a notice of transfer has been given but the notice
has not
me complete at the date of transfer, the liability of the
transferee
r section 3 shall cease with effect from the date on which the
notice
ransfer becomes complete.
Where a notice of transfer has not been given before or at the
date of
sfer, the liability of the transferee under section 3 shall cease
with
ct from the date on which a notice of transfer, which is given
after
date of transfer, becomes complete.
A notice of transfer shall, subject to subsections (5) and (6),
become
lete upon the expiration of 1 month after the date of
the last
ication of the notice in accordance with section 5.
Subject to subsection (6), in the case of a notice of
transfer
rred to--
in subsection (1), if proceedings are instituted
against the
sferor in respect of any liability of the transferor arising
before
notice has become complete and out of the carrying on
of his
ness; or
in subsection (2) or (3), if proceedings are instituted
against the
sferee in respect of any liability of the transferee under
section 3
ing before such notice becomes complete,
notice of transfer shall (for the purposes of such proceedings
only)
eemed incomplete pending the final determination of such
proceedings,
uding all possible appeals, and pending the expiration of all
periods
ng which such appeals may be brought.
Where proceedings are instituted, a notice of transfer shall
not be
ed incomplete under subsection (5) unless within 1 month
of the
eedings being instituted--
they are served on the transferor or transferee, as the case may
be;
written notice that they have been instituted is sent by
registered
to the last known address of such transferor or transferee.
5. Contents of notice of transfer and manner of giving notice
Except in the case of a transfer by way of sale under or pursuant
to a
ge, a notice of transfer shall contain the following
particulars--
the full name and address of the transferor;
the nature of the business and the name or style under which, and
the
address at which, it has been carried on during the period
of 6
hs immediately preceding the date of transfer;
the date of transfer;
the full name and the residential and business addresses
of the
sferee;
if the transferee--
intends to carry on or is carrying on the business, the full
address
e, and the name and style under which, he is carrying it on or
intends
arry it on; or
is not carrying on the business and does not intend to carry it
on, a
ement to that effect; and
a statement that at the expiration of 1 month after the date of
the
publication of the notice pursuant to subsection (3), the
liability
he transferee for all the debts and obligations arising out
of the
ying on of the business by the transferor shall cease by
virtue of
Ordinance unless proceedings are instituted prior to such
expiration.
In the case of a transfer by way of sale under or pursuant
to a
ge, a notice of transfer shall contain the following
particulars--
the nature of the business, and the name or style under which,
and the
address at which, it has been carried on during the period
of 3
hs immediately preceding the date of transfer;
the full name and address of the person whose business has been,
or is
nded to be, transferred by way of sale under or pursuant
to the
ge;
details of the charge under or pursuant to which the transfer by
way
ale has been or is to be made, sufficient to enable any
document
ting or evidencing the charge to be readily identified and,
without
ting the generality of the foregoing, such details shall
include--
the date when the charge was made, given, executed or
came into
tence;
the consideration for which the charge was executed, made or
given
if there was no such consideration, the circumstances in which
it came
existence;
) in the case of a registered charge, the date of the registration
of
charge, the title of any enactment under which it was registered
and
number or other means of identifying the charge assigned to it
upon
stration;
the date of transfer; and
the amount of money, payment of which has been secured by the
charge
which was owing--
at the date of the publication of the notice of transfer; or
if the transfer has already taken effect, at the date of the
transfer
aking effect.
Every notice of transfer shall be signed--
by both the transferor and the transferee, in the case of a
transfer
hich subsection (1) applies; or
by the charge-holder and the transferee, in the case of a transfer
to
h subsection (2) applies,
shall be given by publication in--
the Gazette;
any 2 of such Chinese language newspapers circulating in Hong Kong
as
be approved for the purpose by the Chief Secretary; and (Amended
L. N.
f 1985; L. N. 242 of 1989)
) 1 English language newspaper circulating in Hong Kong which has
been
pproved.
6. Right of transferee to indemnity
The transferee shall be entitled to be indemnified--
by the transferor, except in the case of a transfer by way of
sale
r or pursuant to a charge; or
by the charge-holder, if the transfer is by way of sale
under or
uant to a charge,
all amounts for which the transferee is made liable
under this
nance and for which he would not otherwise be liable.
The amount of such an indemnity may be recovered by civil
proceedings
debt or liquidated demand.
7. Liability of parties not affected
ing in this Ordinance shall relieve or be deemed to
relieve a
sferor or transferee, or any person who sells a business
under or
uant to a charge, from any liability to which he would
otherwise be
ect.
8. Limitation of liability of transferee
A transferee who in good faith and without preference has
paid in
harge or partial discharge of any liability for which he became
liable
r this Ordinance, and for which he would not otherwise
have been
le, an amount which is equal to the value of the business acquired
by
at the date on which the transfer took effect, shall not be
liable
her under this Ordinance.
The value of a business acquired by a transferee at the date on
which
transfer takes effect shall, until the contrary is proved, be
presumed
e an amount equal to the amount paid or agreed to be paid (whether
in
s of money or by means of any other consideration) for the
acquisition
he business.
9. Limitation of time for institution of proceedings
ect to section 6, no action shall be instituted to recover any
debt
or to enforce any obligation against any person liable therefor
under
Ordinance, and for which he would not otherwise have been
liable,
than 1 year after the date on which the transfer in respect of
which
liability arose took effect.
10. Saving
Ordinance shall not apply to any transferee where the transfer
ffected--
by the Official Receiver or a trustee in bankruptcy;
by the liquidator of a company in liquidation other than
voluntary
idation;
by the Financial Secretary Incorporated; (Amended L. N. 369 of
1989)
by the Director of Education Incorporated;
by the Director of Social Welfare Incorporated;
by a person selling under or pursuant to a charge which has
been
stered for not less than 1 year at the date when the transfer
takes
ct;
pursuant to any order or direction of any court;
by an executor or administrator; or
by operation of law.
11. Repeal and saving
The Fraudulent Transfers of Businesses Ordinance (Cap. 49, 1964
Ed.)
epealed.
Notwithstanding subsection (1), the Fraudulent Transfers of
Businesses
nance (Cap. 49, 1964 Ed. ) shall continue to apply with respect
to a
sfer--
which took effect; and
in respect of which notice was given under section 3
of that
nance, before the coming into operation of this Ordinance, as if
this
nance had not been passed.
