Cap. 282 《僱員補償條例》Employees’ Compensation Ordinance

In this Ordinance, unless the context otherwise requires, the expression employee (僱員) , subject to section 4 and the proviso to this subsection, means any person who has, either before or after the commencement of this Ordinance, entered into or works under a contract of service or apprenticeship with an employer in any employment, whether by way of manual labour, clerical work, or otherwise, and whether the contract is expressed or implied, is oral or in writing: (Amended 11 of 1958 s. 2) Provided that the following persons are excepted from the definition of employee (僱員) — (a)(Repealed 44 of 1980 s. 3) (b)any person whose employment is of a casual nature, and who is employed otherwise than for the purposes of the employer’s trade or business, not being a person employed for the purposes of any game or recreation and engaged or paid through a club and not being a part-time domestic helper; or (Amended 63 of 1992 s. 2) (c)an outworker; or (d)a member of the employer’s family employed by such employer and who resides with the employer. (Amended 55 of 1969 s. 2)

If, in any proceedings for the recovery of compensation under this Ordinance, it appears to the Court that the contract of service or apprenticeship under which the injured person was working, at the time when the accident causing the injury happened, was illegal, the Court may, if having regard to all the circumstances of the case it thinks proper so to do, deal with the matter as if the injured person had at the time aforesaid been a person working under a valid contract of service or apprenticeship.

In this Ordinance, unless the context otherwise requires, any reference to an employee who has been injured shall, where the employee is dead, include a reference to his legal personal representative, or to the members of his family or any of them or the Official Administrator or such other officer as the Chief Executive may appoint to act on behalf of the members of the family of the employee. (Amended 36 of 1996 s. 2; 52 of 2000 s. 2; 56 of 2000 s. 3)

Where, in any employment, personal injury by accident arising out of and in the course of the employment is caused to any person, and at the time of the accident—

this Ordinance shall, notwithstanding paragraph (d) of the proviso to subsection (1), apply in relation to that person for all purposes as if he were an employee within the meaning of the subsection. (Added 76 of 1982 s. 2)

In this Ordinance, unless the context otherwise requires— (Amended 52 of 2000 s. 3)

This Ordinance shall apply to employees employed by or under the Crown in the same way and to the same extent as if the employer were a private person, except in the case of—

Provided that this Ordinance shall not apply in the case of an employee in the service of the Government of Hong Kong where, in consequence of injury received by any such employee in the discharge of his duties, a pension or gratuity which would not be payable if such injury were received otherwise, is paid to him or, in the case of his death, to any of the members of his family as defined in this Ordinance, under any Ordinance or regulation providing for the grant of such pension or gratuity. (Replaced 50 of 1954 s. 3. Amended 11 of 1958 s. 4; 55 of 1969 s. 4; 44 of 1980 s. 15; 76 of 1982 s. 37; 52 of 2000 s. 4)

The exercise and performance of the powers and duties of any public body shall for the purposes of this Ordinance, unless a contrary intention appears, be deemed to be the trade or business of such public body. (Added 55 of 1969 s. 4)

Subject to subsections (2) and (3), if in any employment, personal injury by accident arising out of and in the course of the employment is caused to an employee, his employer shall be liable to pay compensation in accordance with this Ordinance.

No compensation shall be payable under this Ordinance in respect of—

In any proceedings under this Ordinance where it is proved that the injury to an employee is attributable to the serious and wilful misconduct of that employee, or that an injury by accident arising out of and in the course of his employment is deliberately aggravated by the employee, any compensation claimed in respect of that injury shall be disallowed; except that where the injury results in death or serious incapacity, the Court on consideration of all the circumstances may award the compensation provided by this Ordinance or such part thereof as it shall think fit.

For the purposes of this Ordinance—

Where death results from the injury, then, subject to section 6A, the amount of compensation payable to the members of the family of the employee shall be— (Amended 52 of 2000 s. 5)

The amount of compensation payable under subsection (1) shall in no case be less than the amount specified in the second column of the Sixth Schedule shown opposite section 6(2) specified in the first column of that Schedule. (Amended L.N. 79 of 1983; L.N. 321 of 1985; L.N. 390 of 1987; L.N. 386 of 1989; L.N. 435 of 1991; L.N. 463 of 1993; L.N. 566 of 1995; 36 of 1996 s. 4)

Notwithstanding anything in subsection (1) or (2), where in respect of the same accident compensation has been paid under section 7 or 9, there shall be deducted from the sum payable under subsection (1) any sums so paid as compensation.

(Repealed 52 of 2000 s. 5)

Where death results from the injury, reimbursement of the reasonable expenses of the funeral of the deceased employee and the reasonable expenses of medical attendance on the deceased employee, not exceeding in all the sum of the amount specified in the second column of the Sixth Schedule shown opposite section 6(5) specified in the first column of that Schedule, shall be paid by the employer to any person who has paid the expenses. (Amended 76 of 1982 s. 5; L.N. 386 of 1989; L.N. 435 of 1991; L.N. 463 of 1993; L.N. 566 of 1995; 36 of 1996 s. 4; 52 of 2000 s. 5)

(Repealed 52 of 2000 s. 5)

Where death results from the injury, the compensation shall be payable only to eligible members of the family and apportioned in the manner set out in the Seventh Schedule.

For the purposes of this section—

In determining the amount of compensation payable under section 6(1), the Commissioner or the Court shall take into account—

Where the spouse of the employee who has been paid any interim payments dies prior to the Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case is issued, the aggregate amount of interim payments already paid shall be deducted from the total amount of compensation payable before the apportionment of the amount for other members of the family.

In stating the amount of compensation payable to each member of the family named in the Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case, the Commissioner and the Court may round down the amounts to the nearest dollar.

Subject to subsection (2), where death results from the injury, the Commissioner may, on application by the members of the family under subsection (4) and with the consent in writing of the employer and signed by him—

The Commissioner shall not determine or continue to determine a claim under subsection (1)(a) where—

Where the Commissioner has proceeded to determine a claim under subsection (1)(a) but prior to the issue of the Certificate of Compensation Assessment for Fatal Case, the process of determination is terminated by virtue of subsection (2)—

An application under subsection (1) shall be made—

A Certificate of Compensation Assessment for Fatal Case shall—

The Commissioner shall, as soon as practicable after he decides to determine a claim for compensation under subsection (1)(a), send to the Court a notice advising the Court of that decision.

Where a claim for compensation is to be determined under section 6B(1)(a), upon application by the spouse of the deceased employee, the Commissioner—

A Certificate of Interim Payment shall—

Interim payments—

Interim payments shall be payable by the employer—

An employer is not required to make payments under a Certificate of Interim Payment pending the completion of a review under subsection (10) or (11).

Where the Commissioner is satisfied on reasonable grounds that a determination which gave rise to a Certificate of Interim Payment was based on information false or misleading in a material particular, he may, by notice in writing to the employer and spouse named in the Certificate of Interim Payment setting out those grounds, order that interim payments under that Certificate shall cease on and from a date specified in the notice for the purpose until such time, if any, that the notice is revoked.

Interim payments shall cease to be payable—

whichever is the earlier.

An employer who fails without reasonable excuse to make interim payments in accordance with a Certificate of Interim Payment or Review Certificate of Interim Payment, as the case may require, shall pay to the spouse of the employee, in addition to the amount of interim payments—

A person may object to a determination under subsection (1)(a) by sending an objection in writing signed by him to the Commissioner within 14 days from the date of issue of the Certificate of Interim Payment, or within such further time as the Commissioner, in the circumstances of any particular case, thinks fit, stating the grounds of the objection.

Without prejudice to the right of any other person to object to a determination under subsection (1)(a), the Commissioner may on his own initiative review any such determination at any time if he considers that it—

On receipt of an objection under subsection (9) or on a review under subsection (10), the Commissioner shall—

Upon the issue of a Review Certificate of Interim Payment, the Certificate of Interim Payment to which it relates shall be cancelled.

A Certificate of Interim Payment or Review Certificate of Interim Payment, other than a Certificate cancelled under subsection (12), purporting to be issued and signed by or for the Commissioner shall be admitted in evidence without further proof on its production before any Magistrate or in any court, and—

A Certificate of Interim Payment or Review Certificate of Interim Payment, other than a Certificate cancelled under subsection (12) may, on application to the Court by the employer or the spouse of the employee, be made an order of the Court and, for the purposes of this subsection, the amount payable under any such Certificate shall include any surcharge payable under subsection (8).

An employer who fails without reasonable excuse to comply with subsection (4) or (8) commits an offence and is liable to a fine at level 6.

This section shall not apply in the case of a member of the family where the employee was in the service of the Government unless and until the member gives up his rights under the Pensions Ordinance (Cap. 89), the Pension Benefits Ordinance (Cap. 99), the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) and the Auxiliary Forces Pay and Allowances Ordinance (Cap. 254) to receive pension or gratuities arising from the death of the employee in consequence of injury received in the discharge of his duties.

For the purposes of this section—

Where the Commissioner determines a claim under section 6B(1)(a) (including any case where such a determination is varied under this section), compensation, other than interim payments payable under a Certificate of Interim Payment or Review Certificate of Interim Payment, shall be payable by the employer not earlier than 42 days but not later than 49 days after the date of issue of the Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case, as the case may be.

If any person named in the Certificate of Compensation Assessment for Fatal Case has received any interim payment or payment under section 13(3), the employer shall only be required to pay the balance of the amount of compensation, if any, stated in the Certificate after deducting from that amount the amount of any such payment paid to that person.

An employer who fails without reasonable excuse to make payment in accordance with a Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case shall pay, in addition to the amount of compensation payable—

An objection to a determination under section 6B(1)(a) may be made in writing—

Without prejudice to the right of any other person to object to a determination under section 6B(1)(a), the Commissioner may on his own initiative review any such determination at any time if he considers that it—

On receipt of an objection under subsection (4) or on a review under subsection (5), the Commissioner shall—

Upon the issue of a Review Certificate of Compensation Assessment for Fatal Case, the original Certificate of Compensation Assessment for Fatal Case to which it relates shall be cancelled.

A certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case, other than a Certificate cancelled under subsection (7), purporting to be issued and signed by or for the Commissioner shall be admitted in evidence without further proof on its production before any Magistrate or in any court, and—

A Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case, other than a Certificate cancelled under subsection (7) may, on application to the Court by the employer, any person named in the Certificate, or the ECAFB, be made an order of the Court, and for the purposes of this subsection, the amount payable under any such Certificate shall include any surcharge payable under subsection (3). (Amended 16 of 2002 s. 33)

An employer who fails without reasonable excuse to comply with subsection (1) or (3) commits an offence and is liable to a fine at level 6.

For the purposes of this section—

Subject to subsection (17), where an application seeking a determination under this section is made to the Commissioner by any person who has paid the expenses of the funeral of the employee or the expenses of medical attendance on the employee, and the employer has given his consent in writing signed by him to the Commissioner that the Commissioner may make such determination, then the Commissioner, after the period referred to in subsection (3)(b)—

A consent referred to in section 6B(1) given by an employer in respect of an employee shall be deemed to be a consent referred to in subsection (1) given by the employer in respect of the employee.

An application under subsection (1) shall be—

A Certificate for Funeral and Medical Attendance Expenses shall—

In determining the amount of reimbursement payable under section 6(5), if the aggregate claimed amount exceeds the amount specified in the second column of the Sixth Schedule shown opposite section 6(5) specified in the first column of that Schedule, the Commissioner shall apportion the amount payable on a pro rata basis.

Where a person who has paid any expenses of the funeral of the employee and expenses of medical attendance on the employee dies prior to the reimbursement of the expenses is paid to him, his legal personal representative shall substitute for him in pursuing the claim.

In stating the reimbursement payable to each person named in the Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses, the Commissioner may round down the amounts to the nearest dollar.

Reimbursement of the expenses of the funeral of the employee and expenses of medical attendance on the employee shall be payable by the employer not earlier than 42 days but not later than 49 days after the date of issue of the Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses, as the case may be.

An employer who fails without reasonable excuse to pay reimbursement in accordance with a Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses, shall pay, in addition to the reimbursement payable—

An objection to a determination under subsection (1) may be made in writing—

Without prejudice to the right of any other person to object to a determination under subsection (1)(a), the Commissioner may on his own initiative review any such determination at any time if he considers that it—

On receipt of an objection under subsection (10) or on a review under subsection (11), the Commissioner shall—

Upon the issue of a Review Certificate for Funeral and Medical Attendance Expenses, the Certificate for Funeral and Medical Attendance Expenses to which it relates shall be cancelled.

A Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses, other than a Certificate cancelled under subsection (13), purporting to be issued and signed by or for the Commissioner shall be admitted in evidence without further proof on its production before any Magistrate or in any court, and—

A Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses, other than a Certificate cancelled under subsection (13) may, on application to the Court by the employer, the persons named in the Certificate, or the ECAFB, be made an order of the Court and the amount payable under the Certificate shall include any surcharge payable under subsection (9). (Amended 16 of 2002 s. 33)

An employer who fails without reasonable excuse to comply with subsection (8) or (9) commits an offence and is liable to a fine at level 6.

The Commissioner shall not determine or continue to determine under subsection (1) a claim for funeral expenses or medical attendance expenses where—

For the purposes of this section—

For the purposes of making a determination under section 6B(1)(a), 6C(1)(a) or (11), 6D(6)(b) or 6E(1)(a) or (12), the Commissioner may by notice in writing require—

to provide such particulars in writing as the Commissioner thinks necessary, or by the production of documents or the submission of copies of documents, as the Commissioner may direct.

Any person who—

commits an offence and is liable to a fine at level 5.

Subject to subsections (2), (3) and (4), the total liability of an employer and his insurer shall not in respect of any one deceased employee exceed the aggregate amount payable under section 6(1) and (5).

Where the employer is liable to pay reimbursement of the expenses of the funeral of the employee and the expenses of medical attendance on the employee, the total amount payable for such expenses by the employer and his insurer shall not in any one fatal case for any one deceased employee exceed the aggregate amount payable under section 6(5).

Any compensation paid to the employee under sections 10 and 10A prior to his death and any surcharge payable under sections 6C(8), 6D(3), and 6E(9) shall not be taken into account when calculating the aggregate amount of compensation paid or payable by the employer under section 6.

Where an amount in excess of the compensation payable by the employer under section 6 is paid to the employee by the employer under sections 7 and 9 prior to his death, the employer shall not recover any such excess amount.

Subject to the provisions of this section, an appeal shall lie to the Court from a determination under section 6B(1)(a), 6C(1)(a) or (11), 6D(6)(b) or 6E(1)(a) or (12), as the case may be.

No appeal shall lie after the expiry of 42 days from the date of issue of the certificate concerned under section 6B, 6C, 6D or 6E, unless the Court, as it thinks fit, extends the time for an appeal notwithstanding that the 42 days period has elapsed.

On an appeal under this section, the Court may confirm or vary the determination of the Commissioner.

Where the Court varies the determination of the Commissioner, the Court shall—

The Court shall—

The amount apportioned to—

shall be paid to him, or be invested, applied or otherwise dealt with for his benefit in such manner as the Court thinks fit.

Where permanent total incapacity results from the injury, the amount of compensation shall be—

The amount of compensation payable under subsection (1) shall in no case be less than the amount specified in the second column of the Sixth Schedule shown opposite section 7(2) specified in the first column of that Schedule. (Amended L.N. 79 of 1983; L.N. 321 of 1985; L.N. 390 of 1987; L.N. 386 of 1989; L.N. 435 of 1991; L.N. 463 of 1993; L.N. 566 of 1995; 36 of 1996 s. 5)

For the purposes of this section, permanent total incapacity shall be deemed to result from an injury where the percentage or aggregate percentage of the loss of earning capacity amounts—

and a reference in this subsection to an injury shall include a reference to a combination of injuries whether they are mentioned in paragraph (a) or (b) or in both those paragraphs. (Added 49 of 1985 s. 3)

Where permanent incapacity which results from the injury is of such a nature that the employee is unable to perform the essential actions of life, without the attention of another person, the compensation payable under this section for and in relation to such attention shall, in addition to any compensation payable under other provisions of this Ordinance, be— (Amended 1 of 1995 s. 4)

Compensation under subsection (1)(a) shall be— (Amended 1 of 1995 s. 4)

No compensation under this section shall be payable in respect of any period during which the employee is receiving free medical treatment as an in-patient in a hospital or otherwise.

Every agreement under this section shall, as soon as possible after the execution thereof, be submitted in triplicate by the employer to the Commissioner. (Replaced 1 of 1995 s. 4)

Where an agreement under this section is submitted to the Commissioner, he may—

Where the Commissioner has reason to believe that the interests of the employee require that the agreement be read over and explained to the employee, the Commissioner shall not signify his approval of the agreement under subsection (5)(a) until he has so read and explained it to the employee. (Added 1 of 1995 s. 4)

No agreement made under this section shall be binding on any party thereto until the Commissioner has signified his approval thereof in writing under subsection (5)(a). (Added 1 of 1995 s. 4)

Where the Commissioner refuses to approve an agreement under subsection (5)(b), he shall notify the employer in writing of his refusal giving his reasons therefor, and at the same time may return the agreement to the employer for amendment in such manner as he may specify. (Added 1 of 1995 s. 4)

The Commissioner shall, as soon as possible after signifying his approval to an agreement under subsection (5)(a), forward one copy thereof each to the employer and the employee and retain one copy for his records. (Added 1 of 1995 s. 4)

Any agreement made under this section which has been approved by the Commissioner may, on application to the Court by any party thereto or by the Commissioner, be made an order of the Court. (Added 1 of 1995 s. 4)

Subject to subsection (1A), where permanent partial incapacity results from the injury the amount of compensation shall be— (Amended 76 of 1982 s. 6)

Where—

the amount of compensation shall be such percentage of the compensation which would have been payable in the case of permanent total incapacity as is proportionate to the loss of earning capacity permanently caused by the injury or injuries in any employment which, having regard to those special circumstances, the employee was capable of undertaking at that time. (Added 76 of 1982 s. 6)

Where more injuries than one are caused by the same accident, the amount of compensation payable under the provisions of this section shall be aggregated, but not so in any case as to exceed the amount which would have been payable if permanent total incapacity had resulted from the injuries.

For the purposes of this section, permanent partial incapacity shall be deemed to result from an injury where the percentage or aggregate percentage of the loss of earning capacity amounts—

and a reference in this subsection to an injury shall include a reference to a combination of injuries whether they are mentioned in paragraph (a) or (b) or in both those paragraphs. (Added 49 of 1985 s. 4)

In assessing the loss of earning capacity for the purposes of subsection (3)(b), an Ordinary Assessment Board, a Special Assessment Board or the Court, as the case may be, may but shall not be obliged to give weight to any actual earnings of the employee earned after the accident causing the injury. (Added 49 of 1985 s. 4)

Where temporary incapacity whether total or partial results from the injury, the compensation shall be the periodical payments hereinafter mentioned, or a lump sum calculated accordingly, having regard to the probable duration, and probable changes in the degree, of the incapacity. Such periodical payments shall be, or shall be at the rate proportionate to, a monthly payment of four-fifths of the difference between the monthly earnings which the employee was earning at the time of the accident and the monthly earnings which he is earning, or is capable of earning, in some suitable employment or business during the period of the temporary incapacity after the accident. (Amended 55 of 1969 s. 10; 76 of 1982 s. 7; 67 of 1996 s. 3)

For the purposes of this section a period of absence from duty certified to be necessary by a registered medical practitioner, a registered Chinese medicine practitioner, a registered dentist, an Ordinary Assessment Board or a Special Assessment Board shall be deemed to be a period of total temporary incapacity irrespective of the outcome of the injury. (Added 55 of 1969 s. 10. Amended 31 of 1985 s. 2; 16 of 2006 s. 13)

Periodical payments under this section shall be payable on the same days as wages would have been payable to the employee if he had continued to be employed under the contract of service or apprenticeship under which he was employed at the time of the accident: Provided that— (a)by agreement or by order of the Court, the periodical payments may be made at shorter intervals; and (b)the interval between periodical payments shall not exceed 1 month. (Added 55 of 1969 s. 10)

In the event of death or permanent incapacity following a period of temporary incapacity whether total or partial, no periodical or lump sum payments paid or payable under this section shall be deducted from any amount of compensation payable under section 6, 7, 8 or 9. (Added 55 of 1969 s. 10)

An employee who has received periodical payments under this section for a period of 24 months from the date of the commencement of the temporary incapacity or for such further period being not more than 12 months as the Court may allow in any particular case shall no longer be entitled to periodical payments under this section but shall be deemed to have suffered permanent incapacity and the provisions of section 7 or 9, as the case may be, shall apply to the employee. (Added 55 of 1969 s. 10. Amended 1 of 1995 s. 5)

In fixing the amount of the periodical payment, the Court shall have regard to any payment, allowance or benefit which the employee may receive from the employer during the incapacity.

On the ceasing of the incapacity before the date on which any periodical payment falls due, there shall be payable in respect of that period a sum proportionate to the duration of the incapacity in that period.

An employee in receipt of periodical payments under this section who intends to leave Hong Kong for the purpose of residing outside Hong Kong may apply to the Court for an order for the redemption of such periodical payments and the payment to him, subject to subsection (9), of a lump sum amount to be determined by the Court. (Replaced 1 of 1995 s. 5)

The amount of a lump sum payable to an employee under subsection (8) together with the periodical payments already made to the employee under subsection (1) shall not exceed the lump sum which would be payable in respect of the same degree of incapacity under the provisions of section 7 or 9, as the case may be, if the incapacity were permanent. (Replaced 1 of 1995 s. 5)

Without prejudice to any other provision of this Ordinance, an employer who without reasonable excuse fails to pay to the employee or to the Court any compensation or any proportionate part thereof under this section within a period of 7 days after the date on which such compensation falls due (whether under subsection (3) or by agreement or by order of the Court), commits an offence and is liable to a fine at level 6. (Added 76 of 1982 s. 7. Amended 63 of 1992 s. 4; 64 of 1992 s. 2; 36 of 1996 s. 7)

If the period of temporary incapacity does not exceed 3 days and the employer fails to pay to the employee or to the Court the compensation or any proportionate part thereof that he is liable to pay under this section within the period referred to in subsection (10), the compensation or proportionate part thereof may be recovered by the employee from the employer—

A claim for compensation or any proportionate part thereof may be brought in the District Court under subsection (11)(b) either independently of or in conjunction with any other claim for compensation which is, under this Ordinance, to be brought in the District Court. (Added 67 of 1996 s. 3)

Subject to this Ordinance, if, in any employment, personal injury is caused to an employee by accident occurring on or after the date on which this section comes into operation and arising out of and in the course of his employment his employer shall be liable to pay the medical expenses for the medical treatment in respect of such injury. (Amended 76 of 1982 s. 8)

Medical expenses which an employer is liable to pay under subsection (1) shall, unless otherwise provided by agreement in writing entered into by the employer with the employee, not include those in respect of medical treatment given outside Hong Kong in relation to an accident occurring in Hong Kong. (Added 1 of 1995 s. 6)

Medical expenses which an employer is liable to pay under subsection (1) shall be payable in addition to any other compensation which the employer is liable to pay under this Ordinance. (Replaced 76 of 1982 s. 8)

Medical expenses which the employer is liable to pay under subsection (1) shall be payable in accordance with the Third Schedule in respect of the period during which the employee receives medical treatment until the attending registered medical practitioner, registered Chinese medicine practitioner or registered dentist certifies that in his opinion no further treatment is required. (Replaced 76 of 1982 s. 8. Amended 16 of 2006 s. 14)

An employer shall not be liable to pay medical expenses under subsection (1)—

Where an employer proposes to provide free medical treatment to an employee for personal injury caused to the employee by accident arising out of and in the course of his employment, he— (Amended 16 of 2006 s. 14)

Subsection (4) does not relieve an employer of the liability to pay medical expenses in respect of medical treatment of any description received by an employee unless the free medical treatment provided or agreed to be provided by the employer covers medical treatment of the same description. (Added 16 of 2006 s. 14)

In subsections (5) and (5A), a reference to a description of medical treatment is a reference to any of the following—

Where an employee has paid for any medical treatment received by him he shall be entitled to recover the medical expenses which his employer is liable to pay under subsection (1) from his employer by serving on the employer a request in writing for the payment of the medical expenses together with a receipt for the payment for the medical treatment.

If an employer does not pay an employee the medical expenses he is liable to pay under subsection (1) within 21 days after the date of receipt of a request for payment under subsection (6) or, where an application is made to the Commissioner under section 10B for the determination of a dispute, within 21 days after the date of determination of the dispute, the medical expenses may be recovered by the employee from the employer—

A claim for medical expenses in the District Court may be brought either independently of or in conjunction with any other claim for compensation which is, under this Ordinance, to be brought in the District Court.

(Repealed 76 of 1982 s. 8)

This section applies to the liability imposed on an employer under section 10A, for the payment of medical expenses for medical treatment, given outside Hong Kong, in respect of personal injury caused to an employee by accident occurring outside Hong Kong and arising out of and in the course of that employee’s employment.

An employer shall not be liable to pay medical expenses under section 10A(1)—

This section applies where an employer is liable under section 10A to pay the medical expenses for the medical treatment given in Hong Kong in respect of an employee’s personal injury.

Subject to the other provisions of this section, the medical expenses that an employer is liable to pay in respect of an employee’s personal injury—

For the purposes of this section, a reference to prescribed medicines is a reference to—

An employer is not liable to pay any cost of medicines relating to any pharmaceutical product or substance that is required to be registered under the Pharmacy and Poisons Ordinance (Cap. 138) unless it is so registered.

An employer is not liable to pay any cost of medicines relating to any proprietary Chinese medicine unless the proprietary Chinese medicine—

An employer is not liable to pay any cost of medicines relating to any Chinese herbal medicine unless the Chinese herbal medicine—

An employer is not liable to pay any cost of medicines relating to medicines dispensed pursuant to the same prescription on a second or subsequent occasion unless—

Where the medical expenses for the medical treatment of an employee include the cost of medicines, the employer or the Commissioner may request the employee to produce to him the prescription for the medicines and the receipt for the payment of that cost. The employer is not liable to pay the cost of medicines if the employee fails, without reasonable excuse, to comply with the request.

A prescription given by a registered medical practitioner or registered dentist and produced for the purposes of subsection (8) must show—

A prescription given by a registered Chinese medicine practitioner and produced for the purposes of subsection (8) must show—

A receipt for the payment of the cost of medicines produced for the purposes of subsection (8) must show—

For the purposes of this section—

The Commissioner shall, on application made to him by an employee or employer—

Where there is a dispute as to—

in respect of medical treatment given in Hong Kong to an employee, the Commissioner shall, on application made to him by the employee or the employer—

A certificate purporting to be issued under subsection (1)(b) or (2)(i)(B) or (ii) and to be signed by or for the Commissioner shall be admitted in evidence without further proof on its production in any court and—

A determination by the Commissioner under this section as to any liability to pay medical expenses, and as to the amount of such medical expenses, may be reviewed by the Court on the application either of the employee or of the employer within 14 days of the issue by the Commissioner of a certificate under subsection (1)(b) or (2)(i)(B) or (ii), or within such further time as the Court, in the circumstances of any particular case, thinks fit; and on any such review the Court may confirm, vary or reverse the determination or may substitute its own determination for that of the Commissioner and may make such order in respect thereof, including any order as to costs, as it thinks fit.

Subject to this section, for the purposes of this Ordinance the monthly earnings of an employee at the time of the accident shall be the earnings—

whichever calculation is more favourable to the employee. (Replaced 76 of 1982 s. 9)

Where an employee suffers temporary incapacity after an accident and such incapacity extends beyond 12 months after the date of the accident the monthly earnings of an employee at the time of the accident shall, in respect of temporary incapacity beyond the 12-month period after the date of the accident, be computed for the purposes of section 6, 7, 9 or 10 as being the earnings calculated—

Where an employee suffers temporary incapacity after an accident and such incapacity extends beyond 24 months or such further period as the Court may have allowed under section 10(5) the monthly earnings of an employee at the time of the accident shall, in respect of temporary incapacity beyond the 24-month period or beyond such further period after the date of the accident, be computed for the purposes of section 6, 7, 9 or 10 as being the earnings calculated—

Where by reason of the shortness of the time during which an employee has been in the employment of his employer or of the casual nature of the employment, or of the terms of employment, it is impracticable to compute the rate of remuneration of such employee at the date of the accident, regard may be had to the average monthly amount which, during the 12 months previous to the accident, was being earned by a person of similar earning capacity in the same grade employed at the same work by the same employer, or, if there is no person so employed, by a person of similar earning capacity in the same grade employed in the same class of employment and in the same district. (Added 55 of 1969 s. 11)

Where an employee was, at the date of the accident, under the age of 18 years his earnings shall, for the purposes of assessing compensation payable in the case of death or permanent incapacity, be deemed to be such amount as, if the accident had not occurred, he would probably have received upon attaining the age of 18 years, or at the end of a period of 5 years after the accident, whichever calculation is more favourable to the employee. (Added 55 of 1969 s. 11. Amended 76 of 1982 s. 9)

Where an employee was, at the date of the accident, employed under a contract of apprenticeship his earnings shall, for the purposes of assessing compensation payable in the case of death or permanent incapacity, be deemed to be such amount as, if the accident had not occurred, he would probably have received upon the completion of his contract of apprenticeship. (Added 55 of 1969 s. 11. Amended 76 of 1982 s. 9)

Where an employee was, at the date of the accident, under the age of 18 years and employed under a contract of apprenticeship, his earnings shall, for the purposes of assessing compensation payable in the case of death or permanent incapacity, be deemed to be the amount calculated under subsection (3) or (4), whichever calculation is more favourable to the employee. (Added 76 of 1982 s. 9)

Where the earnings of an employee calculated under any of the provisions of this section amount to less than the amount specified in the second column of the Sixth Schedule shown opposite section 11(5) specified in the first column of that Schedule per month, the earnings of such employee shall, for the purposes of this Ordinance, be deemed to be the amount specified in the second column of the Sixth Schedule shown opposite section 11(5) specified in the first column of that Schedule per month. (Added 55 of 1969 s. 11. Amended 76 of 1982 s. 9; L.N. 321 of 1985; L.N. 390 of 1987; L.N. 386 of 1989; L.N. 435 of 1991; L.N. 463 of 1993; L.N. 566 of 1995; 36 of 1996 s. 8)

For the purposes of subsections (1) and (2), employment by the same employer shall be taken to mean employment by the same employer in the grade in which the employee was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause. (Amended 55 of 1969 s. 11)

Where the employee had entered into concurrent contracts of service with 2 or more employers under which he worked at one time for one such employer and at another time for another such employer, his monthly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident: Provided that the earnings of the employee under the concurrent contract shall be taken into account only so far as the employee is incapacitated from performing the concurrent contract: Provided further that this subsection shall not apply where an employee is in the full time employment of that employer for whom he was working at the time of the accident, in which case the earnings of such employee shall be his earnings in such full time employment. For the purposes of this proviso, full time employment means employment for not less than 40 hours during a minimum period of 5 days in any 1 week. (Amended 76 of 1982 s. 9)

An employee shall, at the written request of his employer, give his employer sufficient written information to enable the employer to comply with section 40 regarding any of the employee’s concurrent contracts of service referred to in subsection (7) that are then in force or subsequently entered into. (Added 59 of 1988 s. 2)

Subsection (7) does not apply where an employee fails to comply with subsection (7A). (Added 59 of 1988 s. 2)

Within 14 days after the date of issue of a written request of the employee or of the Commissioner to the employer liable to pay compensation, that employer shall furnish in writing a list of the earnings which have been earned by that employee upon which the amount of the monthly earnings may be calculated for the purpose of this section. (Amended 76 of 1982 s. 9)

An employer who without reasonable excuse contravenes subsection (8) commits an offence and is liable to a fine at level 3. (Added 76 of 1982 s. 9. Amended 36 of 1996 s. 8)

Except where otherwise provided by or under this Ordinance, compensation shall be payable to or for the benefit of the employee, or, where death results from the injury, to or for the benefit of the members of his family as provided by this Ordinance. (Amended 76 of 1982 s. 10; 52 of 2000 s. 7)

Where a member of the family dies—

the legal personal representative of the member of the family shall have no right to payment of compensation. (Replaced 52 of 2000 s. 7)

(Repealed 52 of 2000 s. 7)

Compensation payable where the death of an employee has resulted from an injury, other than those which have been determined under section 6B(1)(a), 6C(1)(a) or (11), 6D(6)(b) or 6E(1)(a) or (12), shall be paid to the Court, and the Court may—

and the sum so apportioned shall be paid to them or be invested, applied or otherwise dealt with for their benefit in such manner as the Court thinks fit.
Where, on application being made in accordance with rules made under this Ordinance, it appears to the Court that, on account of the variation of the circumstances of the various members of the family, or for any other sufficient cause, an order made under this subsection ought to be varied, the Court may make such order for the variation of the former order as in the circumstances of the case the Court may think just:

Provided that no such order shall be made which requires the repayment by a dependant of any compensation already paid to him except where such payment has been obtained by fraud, impersonation or other improper means. (Amended 52 of 2000 s. 8)

Except where otherwise provided by or under this Ordinance, any other compensation payable under this Ordinance shall be paid to the Court, and any sum so paid shall— (Amended 76 of 1982 s. 11)

An employer may make a payment direct to an employee or member of the family on account of a claim which is pending settlement or determination, and the Court or, if the compensation is not paid to the Court, the Commissioner may order that the whole or any part of such payment shall be deducted from the amount of compensation payable to the employee or member of the family under the provisions of this Ordinance: (Replaced 55 of 1969 s. 12. Amended 76 of 1982 s. 11; 59 of 1988 s. 3; L.N. 435 of 1991; 63 of 1992 s. 5)Provided that no such payment shall—(a)constitute a periodical payment or an interim payment for the purposes of this Ordinance; or(b)relieve the employer of an obligation to make any periodical payment or an interim payment under this Ordinance. (Added 76 of 1982 s. 11. Amended 52 of 2000 s. 8)

The receipt of the Registrar of the Court shall be a sufficient discharge in respect of any amount paid to the Court under the provisions of this Ordinance.

No appeal shall lie from any order or direction of the Court or of the Commissioner made or given under this section. (Amended 50 of 1954 s. 5)

Except where otherwise provided by this Ordinance, proceedings for the recovery under this Ordinance of compensation for an injury shall not be maintainable unless notice of the accident has been given to the employer by or on behalf of the employee, in the manner hereinafter provided, as soon as practicable after the happening thereof and before the employee has voluntarily left the employment in which he was injured, and unless the application for compensation with respect to such accident (being an application to the Court by an employee under section 18A(2)) has been made within 24 months from the occurrence of the accident causing the injury or, in the case of death, within 24 months from the date of death or prior to a determination made by the Commissioner under section 6B(1)(a), whichever is the earlier: (Amended 55 of 1969 s. 13; 4 of 1978 s. 4; 76 of 1982 s. 12; 52 of 2000 s. 9)Provided that the want of, or any defect or irregularity in, a notice shall not be a bar to the maintenance of proceedings—(a)if the application is made in respect of the death of an employee resulting from an accident which occurred on the premises of the employer, or at any place where the employee at the time of the accident was working under the control of the employer or of any person employed by him, and the employee died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred; or(b)if the employer is proved to have had knowledge of the accident from any other source at or about the time of the accident, or if it is found in the proceedings for settling that claim that the employer is not prejudiced or would not, if a notice or an amended notice were then given and the hearing postponed, be prejudiced in his defence by the want, defect or irregularity, or that such want, defect or irregularity was occasioned by mistake, absence from Hong Kong, or other reasonable cause. (Amended 76 of 1982 ss. 12 & 37)

A notice under this section may be given either in writing or orally to the employer (or, if there is more than one employer, to one of such employers), or to any foreman or other official under whose supervision the employee is employed, or to any person designated for the purpose by the employer, and shall specify the name and address of the person injured, and shall state in ordinary language the cause of the injury and the date on which and the place at which the accident occurred.

Where section 24 applies, notice of an accident to an employee employed by a sub-contractor given in accordance with this section to the sub-contractor, or to any foreman or other official under whose supervision the employee is employed, or to any person designated for the purpose by the sub-contractor, shall be deemed to be notice to the principal contractor. (Replaced 76 of 1982 s. 12)

The Court may receive and determine any application for compensation in any case notwithstanding that the notice required by subsection (1) has not been given, or that the application has not been made in due time as required by that subsection, if it is satisfied that there was reasonable excuse for the failure so to give notice or to make an application, as the case may be.

Notice of any accident which results in the death of the employee within 3 days after the accident shall be given in the prescribed form to the Commissioner by the employer not later than 7 days after the accident irrespective of whether the accident gives rise to any liability to pay compensation. (Replaced 64 of 1992 s. 3)

Notice of any accident which results in the total or partial incapacity of the employee shall be given to the Commissioner by the employer not later than 14 days after the accident, irrespective of whether the accident gives rise to any liability to pay compensation, and shall be given—

If the happening of such accident was not brought to the notice of the employer or did not otherwise come to his knowledge within such periods of 7 and 14 days respectively referred to in subsections (1) and (1A) then such notice shall be given not later than 7 days or, as may be appropriate, 14 days after the happening of the accident was first brought to the notice of the employer or otherwise came to his knowledge. (Added 64 of 1992 s. 3)

Where—

the employer shall give further notice of the accident to the Commissioner in the form prescribed for the purposes of subsection (1A)(a) not later than 14 days after the extension of the incapacity beyond the period referred to in subsection (1A)(b) was first brought to the notice of the employer or otherwise came to his knowledge. (Added 67 of 1996 s. 4)

The Commissioner may, by notice in writing to an employer, require the employer to give notice to the Commissioner of an accident causing injury to an employee, being an accident— (Amended 64 of 1992 s. 3)

in the prescribed form within such period, not being less than 7 days, as is specified in the notice to the employer. (Added 76 of 1982 s. 13)

When the death of an employee in any circumstances other than those specified in subsection (1) is brought to the notice of, or comes to the knowledge of, his employer, the employer shall, not later than 7 days after the death, give notice thereof in the prescribed form to the Commissioner, irrespective of whether the death gives rise to any liability to pay compensation: (Amended 64 of 1992 s. 3) Provided that if the death was not brought to the notice of the employer or did not otherwise come to his knowledge within such period of 7 days then such notice shall be given not later than 7 days after the death was first brought to the notice of the employer or otherwise first came to his knowledge. (Replaced 55 of 1969 s. 14)

The notice of accident referred to in subsections (1), (1A) and (2) shall contain such matters relating to the accident, the employer, the employee, any compensation agreed, paid or payable, and any matters incidental thereto as may be prescribed or, where the notice of accident is required to be given in the form specified by the Commissioner for the purposes of subsection (1A)(b), as may be specified by the Commissioner. (Replaced 67 of 1996 s. 4)

On receipt of a notice under subsection (1), (1A) or (2) the Commissioner may make such inquiry as he thinks fit and if it appears to him that a claim for compensation may arise in respect of— (Amended 64 of 1992 s. 3)

In any claim for compensation under section 6 the Court may, for the purposes of section 13(1), take into consideration a written report from the Commissioner of his findings on an inquiry under subsection (3)(a)(i). (Added 55 of 1969 s. 14)

For the purposes of subsections (1) and (2), the death of an employee on the premises of his employer shall be deemed to be within the knowledge of such employer. (Amended 55 of 1969 s. 14; 64 of 1992 s. 3)

Any employer who—

commits an offence and is liable to a fine at level 5. (Replaced 76 of 1982 s. 13. Amended 63 of 1992 s. 6; 64 of 1992 s. 3; 36 of 1996 s. 10)

Nothing contained in this section shall prevent any person from making a claim for compensation under this Ordinance.

Where an employee has given notice of an accident—

An employer may require an employee who is in receipt of a periodical payment under section 10 to undergo a medical examination from time to time, without expense to the employee, and the employee shall undergo the examination. (Added 16 of 2006 s. 16)

Where an employee is required under subsection (1) or (1A) to undergo a medical examination—

The employee shall, when required, attend upon the registered medical practitioner, registered Chinese medicine practitioner or registered dentist concerned at the time and place notified to the employee by the employer or that medical practitioner, Chinese medicine practitioner or dentist (as the case may be), provided such time and place is reasonable.

If the employee is, in the opinion of any registered medical practitioner, registered Chinese medicine practitioner or registered dentist, unable or not in a fit state to attend on the registered medical practitioner, registered Chinese medicine practitioner or registered dentist named by the employer—

As soon as reasonably practicable after an employee has undergone a medical examination required under this section, the medical practitioner, Chinese medicine practitioner or dentist who conducts the examination shall, at the employer’s expenses—

The employee may in writing request the employer to send to him, free of charge, a copy of the report referred to in subsection (3A). (Added 16 of 2006 s. 16)

The employer commits an offence and is liable on conviction to a fine at level 3 if he fails, without reasonable excuse, to comply with a request under subsection (3B) before the later of the following—

If the employee fails to undergo a medical examination as required under this section, his right to compensation shall be suspended until such examination has taken place; and if such failure extends over a period of 15 days from the date when the employee was required to undergo the examination under subsection (2) or (3), as the case may be, no compensation shall be payable, unless the Court is satisfied that there was reasonable cause for such failure.

The employee shall be entitled to have his own registered medical practitioner, registered Chinese medicine practitioner or registered dentist present at such examination, but at his own expense.

Where the employee is not attended by a registered medical practitioner, registered Chinese medicine practitioner or registered dentist he shall, if so required by the employer, submit himself for treatment by a registered medical practitioner, registered Chinese medicine practitioner or registered dentist without expense to the employee.

If the employee fails to submit himself for treatment when so required under subsection (6), or having submitted himself for such treatment disregards the instructions of the registered medical practitioner, registered Chinese medicine practitioner or registered dentist concerned, then if it is proved that such failure or disregard was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting incapacity shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the employee had submitted himself for such treatment, and had duly carried out the instructions of, such medical practitioner, Chinese medicine practitioner or dentist, and compensation, if any, shall be payable accordingly.

Where under this section a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension.

Notwithstanding the previous provisions of this section, where a claim for compensation is made in respect of the death of an employee, then if the employee failed to undergo a medical examination or submit himself for treatment when so required under this section or having submitted himself for such treatment disregarded the instructions of the registered medical practitioner, registered Chinese medicine practitioner or registered dentist concerned, and if it is proved that such failure or disregard was unreasonable in the circumstances of the case and that the death of the employee was caused thereby, the death shall not be deemed to have resulted from the injury, and no compensation shall be payable in respect of the injury.

Where—

the Commissioner may assess the compensation payable under sections 7, 9 and 10. (Replaced 59 of 1988 s. 4. Amended 36 of 1996 s. 11)

Compensation shall not be assessed by the Commissioner under subsection (1) unless claim for compensation arises within 24 months after the happening of the accident. (Added 59 of 1988 s. 4)

Where the Commissioner assesses compensation under subsection (1) he shall issue to the employer and the employee a certificate in such form as he may specify stating the amount of the compensation and details of the assessment, and shall retain one copy of the certificate for his records.

An objection to the amount of compensation assessed under subsection (1) may be made in writing—

On receipt of an objection under subsection (3) the Commissioner shall—

(Repealed 36 of 1996 s. 11)

Upon completing a review under subsection (4), the Commissioner shall issue to the employer and the employee and, where applicable, the ECAFB a certificate in such form as he may specify stating— (Amended 16 of 2002 s. 33)

and shall retain one copy of the certificate for his records.

Upon the issue of a certificate under subsection (5), the certificate issued under subsection (2) shall be cancelled.

A certificate purporting to be issued—

and to be signed by or for the Commissioner shall be admitted in evidence without further proof on its production in any court, and—

A certificate issued—

may, on application to the Court by the employer, the employee, the ECAFB or the Commissioner, be made an order of the Court and, for the purposes of this subsection, the amount payable under any such certificate shall include any surcharge payable in respect thereof under subsection (10). (Amended 16 of 2002 s. 33)

Subject to section 18, the employer shall pay to the employee within a period of 21 days after—

the balance (if any) of the amount of compensation stated in the certificate after deducting from such amount—

An employer who fails without reasonable excuse to comply with subsection (9) shall pay to the employee, in addition to the amount of compensation payable under that subsection— (Amended 59 of 1988 s. 4)

An employer who fails without reasonable excuse to comply with subsection (9) or (10) commits an offence and is liable to a fine at level 6. (Added 59 of 1988 s. 4. Amended 36 of 1996 s. 11; 52 of 2000 s. 11)

Notwithstanding anything in section 16A, the Court may, on application by the employer, the employee, the Commissioner or the ECAFB, cancel a certificate issued under section 16A(2) or (5) and make such order (including an order as to any sum already paid under the certificate) as in the circumstances the Court may think just, if it is proved that— (Amended 16 of 2002 s. 33)

An application under subsection (1) shall be made within 6 months of the date of issue of the certificate in respect of which the application is made, or within such further time as the Court, in the circumstances of any particular case, thinks fit.

Where a claim arises in respect of an accident causing injury to an employee that results in temporary incapacity, whether total or partial, for a period exceeding 3 days but not exceeding 7 days, the employer may enter into an agreement with the injured employee as to the compensation payable by him under section 10(1). (Amended 67 of 1996 s. 5)

Periodical payments agreed under section (1) shall be made in the manner specified under section 10(3).

Any lump sum agreed under subsection (1) shall be paid on or before the day immediately following such agreement on which wages would have been payable to the employee if he had continued to be employed under the contract of service or apprenticeship under which he was employed at the time of accident.

Where an agreement has been entered into under section 16CA, the Commissioner may on the application of either party to the agreement cancel the agreement if he is satisfied that—

An application under subsection (1) shall be made within 6 months after the date on which the parties entered into the agreement or within such further time as the Commissioner in the circumstances of any particular case thinks fit.

Where the Commissioner cancels the agreement under subsection (1), he shall make an assessment under section 16A of the compensation payable under section 10 and the provisions in this Ordinance affecting such assessment shall apply accordingly.

The Commissioner shall for the purposes of this section appoint one or more boards to be known as Employees’ Compensation (Ordinary Assessment) Boards.

An Ordinary Assessment Board shall consist of—

A member of an Ordinary Assessment Board shall hold office on such terms and for such period as the Commissioner may determine.

The Commissioner may refer to an Ordinary Assessment Board any claim for compensation for an injury to an employee of which he has notice if in the opinion of the Commissioner such injury is likely to result in permanent total or partial incapacity.

In respect of a claim referred to it under subsection (4), an Ordinary Assessment Board shall—

Where it appears to an Ordinary Assessment Board that a claim referred to it under subsection (4) is one to which section 9(1A) applies, it shall refer the claim to a Special Assessment Board.

A decision of an Ordinary Assessment Board, if not unanimous, shall be that of the majority of the members thereof.

Subject to this section, the procedure of an Ordinary Assessment Board shall be such as the Commissioner may determine.

The Commissioner shall for the purposes of this section appoint one or more boards to be known as Employees’ Compensation (Special Assessment) Boards.

Subject to subsection (4), a Special Assessment Board shall consist of—

A member of a Special Assessment Board referred to in subsection (2) shall hold office on such terms and for such period as the Commissioner may determine.

The Commissioner may appoint as additional members of a Special Assessment Board not more than 2 persons who are, in his opinion, qualified to give expert advice on any matter relating to a claim for compensation referred to the Special Assessment Board, and may at any time revoke any such appointment.

A member appointed under subsection (4) may at any time resign by giving notice in writing to the Commissioner.

The Commissioner shall appoint a member of a Special Assessment Board to be the chairman of the Special Assessment Board.

At all meetings of a Special Assessment Board 3 members shall form a quorum.

In respect of a claim referred to it by an Ordinary Assessment Board under section 16D(6), a Special Assessment Board shall, subject to subsection (9), assess the percentage of the loss of earning capacity permanently caused by the injury in accordance with this Ordinance.

Where it appears to a Special Assessment Board that a claim referred to it by an Ordinary Assessment Board under section 16D(6) is a claim to which section 9(1A) applies, the Special Assessment Board shall assess the percentage of the loss of earning capacity permanently caused by the injury for the purposes of section 9(1A).

A decision of a Special Assessment Board shall be that of the majority of the members in attendance or, if there is no majority, shall be that of the chairman thereof.

Subject to this section, the procedure of a Special Assessment Board shall be such as the Commissioner may determine.

An objection to an assessment by an Ordinary Assessment Board under section 16D(5) or by a Special Assessment Board under section 16E(8) or (9) may be made by the employer or the employee in writing to the Commissioner within 14 days after the date of issue to him of the relevant certificate under section 16F, or within a further time that the Commissioner, in the circumstances of any particular case, thinks fit, stating the ground of the objection, and a copy of the objection shall be sent by the objector—

On receipt by the Commissioner of an objection under subsection (1)—

On receipt of a copy of the objection forwarded under subsection (1A) or under section 16A(4)(a), the Ordinary Assessment Board or the Special Assessment Board, as the case may be, shall review its assessment and, after taking into account the objection, may confirm or vary the assessment. (Amended 59 of 1988 s. 5)

Upon completing a review under subsection (2) the Ordinary Assessment Board or the Special Assessment Board, as the case may be, shall issue to the employee, the employer and the Commissioner a certificate in such form as may be specified by the Commissioner stating—

Upon the issue of a certificate under subsection (3), the certificate referred to in subsection (1) shall be cancelled.

Notwithstanding anything in subsection (2), (3) or (4), where upon a review of an assessment by an Ordinary Assessment Board under subsection (2), it appears to the Ordinary Assessment Board that the claim for compensation to which the assessment relates is one to which section 9(1A) applies, it shall not complete the review but shall refer the claim to a Special Assessment Board.

The provisions of sections 16E, 16F and this section shall apply to a claim referred to a Special Assessment Board under subsection (5) as if it were a claim referred to a Special Assessment Board under section 16D(6).

Upon the issue by the Special Assessment Board of a certificate under section 16F in respect of a claim referred to it under subsection (5), the certificate issued under section 16F in respect of that claim by the Ordinary Assessment Board shall be cancelled.

Subsections (2), (3), (4), (5), (6) and (7) shall not apply where an assessment is reviewed under section 16GA (2). (Added 31 of 1985 s. 6)

Without prejudice to section 16G, an Ordinary Assessment Board or a Special Assessment Board may, on its own initiative, review its assessment under section 16D(5) or section 16E(8) or (9), as the case may be, within 3 months after the date of issue of a certificate under section 16F, or within such further time as the Ordinary Assessment Board or the Special Assessment Board, in the circumstances of any particular case, thinks fit, if the assessment—

and may confirm or vary the assessment.

An Ordinary Assessment Board or a Special Assessment Board may review its assessment under subsection (1) and at the same time take into account any objection under section 16G(1).

Before proceeding with a review under subsection (1), the Ordinary Assessment Board or the Special Assessment Board, as the case may be, shall notify the employer, the employee and the Commissioner in writing of the review and the ground of the review specified in subsection (1), and (where applicable) that an objection under section 16G(1) is being taken into account.

Upon completing a review under subsection (1) or (2), the Ordinary Assessment Board or the Special Assessment Board, as the case may be, shall issue to the employer, the employee and the Commissioner a certificate in such form as may be specified by the Commissioner stating—

Upon the issue of a certificate under subsection (4), the certificate referred to in subsection (1) shall be cancelled.

Notwithstanding anything in subsection (1), (2), (4) or (5), where upon a review of an assessment by an Ordinary Assessment Board under subsection (1) or (2), it appears to the Ordinary Assessment Board that the claim for compensation to which the assessment relates is one to which section 9(1A) applies, it shall not complete the review but shall refer the claim to a Special Assessment Board.

The provisions of sections 16E and 16F and of this section shall apply to a claim referred to a Special Assessment Board under subsection (6) of this section as if it were a claim referred to a Special Assessment Board under section 16D(6).

Upon the issue by the Special Assessment Board of a certificate under section 16F in respect of a claim referred to it under subsection (6) of this section, the certificate issued under section 16F in respect of the claim by the Ordinary Assessment Board shall be cancelled.

The Commissioner, an Ordinary Assessment Board or a Special Assessment Board may by notice in writing to an injured employee require the employee to attend for the purposes of an examination or assessment on such date and at such time and place as is specified in the notice.

An employee who receives a notice under subsection (1) shall as soon as possible notify his employer (if any) of the date, time and place for such attendance.

For the purposes of an attendance referred to in subsection (1) an employer shall, if the employee is not already—

grant to the employee leave of absence from work and, subject to subsection (4), shall pay to the employee, within 7 days after the day on which wages are normally paid to the employee next following such absence from work, the wages or salary in respect of such absence from work or the wages or salary he would have earned if he had worked during such period.

No wages or salary shall be payable under subsection (3) by an employer unless he was the employer of the employee at the time of the accident.

A claim for wages or salary payable under subsection (3) may be brought—

Any employer who without reasonable excuse contravenes subsection (3) commits an offence and is liable to a fine at level 5. (Amended 63 of 1992 s. 9; 36 of 1996 s. 12)

Subject to this section, an appeal shall lie to the District Court from any decision or assessment of the Commissioner, an Ordinary Assessment Board or a Special Assessment Board under section 16A, 16D, 16E, 16G or 16GA. (Amended 31 of 1985 s. 10)

No appeal shall lie after the expiry of 6 months from the date of the decision or, in the case of an assessment, of the date of issue of the relevant certificate under section 16A, 16F, 16G or 16GA, as the case may be: (Amended 31 of 1985 s. 10; 59 of 1988 s. 8)Provided that the Court may, if it thinks fit, extend the time within which to appeal under this section notwithstanding that the time has elapsed.

On an appeal under this section, the Court may confirm or reverse any decision, or confirm or vary any assessment, of the Commissioner, an Ordinary Assessment Board or a Special Assessment Board, or may substitute its own assessment, and may determine the amount of compensation payable and may make such order in respect thereof, including any order as to costs, as it thinks fit.

Except where otherwise provided under this Ordinance, all claims for compensation, except to the extent that such claims are determined—

and any matter arising out of proceedings in respect of such claims shall be determined by the District Court, whatever may be the amount involved, and the Court may, for that purpose, call upon any person to give evidence, if the Court is of the opinion that such person is, by virtue of his expert knowledge, able to assist the Court.

An employee may, in the prescribed form and manner, make an application for enforcing his claim for compensation to the Court:Provided that no application shall be made—(a)in the case of a claim in respect of an injury to which section 16A applies, until after the expiry of the payment period within the meaning of subsection (11) of that section. (Amended E.R. 1 of 2018)(b)(Repealed 36 of 1996 s. 16)

The Court shall, as soon as practicable after it receives a claim for compensation where death results from the injury concerned, cause to be sent to the Commissioner a notice advising the Commissioner of the receipt of that claim. (Added 52 of 2000 s. 12)

Any periodical payment payable under this Ordinance either under agreement between the parties or under an order of the Court, may be reviewed by the Court on the application either of the employer or of the employee:Provided that where the application for review is based on a change in the condition of the employee any such application shall be supported by a certificate of a registered medical practitioner, registered Chinese medicine practitioner or registered dentist. (Amended 16 of 2006 s. 18)

Subject to the provisions of this Ordinance, any periodical payment may, on review under this section, be continued, increased, diminished, converted to a lump sum, or ended. If the accident is found to have resulted in permanent incapacity, the provisions of section 7 or 9 shall apply, as the case may be. (Replaced 55 of 1969 s. 16)

Where application is made by an employer under this section for any periodical payment to be ended or diminished and the application is supported by the certificate of a registered medical practitioner, registered Chinese medicine practitioner or registered dentist, the employer may pay into Court the periodical payment, or so much thereof as is equal to the amount by which he contends that the periodical payment should be diminished, to abide the decision of the Court made on a review under this section. (Amended 16 of 2006 s. 18)

In making a review under this section, the Court shall have regard only to the capacity for work of the employee as affected by the accident.

Save as is provided in this Ordinance and any rules made thereunder, the District Court shall, upon or in connection with any question to be investigated or determined thereunder, have all the powers and jurisdictions exercisable by the District Court in or in connection with civil actions in such Court in like manner as if the Court had by the District Court Ordinance (Cap. 336) been empowered to determine all claims for compensation under this Ordinance whatever the amount involved and the law, rules and practice relating to such civil actions and to the enforcement of judgments and orders of the Court shall mutatis mutandis apply. (Amended 76 of 1982 s. 18)

The Court shall have jurisdiction to hear and determine any action notwithstanding that the amount claimed exceeds the sum mentioned in section 33 of the District Court Ordinance (Cap. 336). (Added 55 of 1969 s. 18. Amended 79 of 1981 s. 3)

The Court may, in any proceedings brought in the Court for the recovery of any compensation, order that there shall be included in the sum for which an order for payment is made interest at such rate as it thinks fit on the whole or any part of such sum for the whole or any part of the period between the date of the accident and the date of the order. (Added 76 of 1982 s. 18)

The Court may, if it thinks fit, submit any question of law for the decision of the Court of Appeal.

Such submission shall be in the form of a special case in accordance with rules made under this Ordinance.

Subject to the provisions of this section and of section 13, an appeal shall lie to the Court of Appeal from any order of the Court.

Except with the leave of the Court or of the Court of Appeal (which shall not be granted unless in the opinion of the Court of Appeal some substantial question of law is involved in the appeal) no appeal shall lie if the amount in dispute is less than $1,000.

No appeal shall lie in any case in which the parties have agreed to abide by the decision of the Court, or in which the order of the Court gives effect to an agreement come to by the parties.

No appeal shall lie after the expiration of 30 days from the date of the order of the Court:Provided that the Court of Appeal may, if it thinks fit, extend the time within which to appeal under this section notwithstanding that that time has elapsed.

Where any person (in this section referred to as the principal contractor), in the course of or for the purposes of his trade or business, contracts with a sub-contractor for the execution by or under the sub-contractor of the whole or any part of any work undertaken by the principal contractor, the principal contractor shall be liable to pay to any employee employed by that sub-contractor or by any other sub-contractor in the execution of the work any compensation under this Ordinance which the principal contractor would have been liable to pay if that employee had been immediately employed by him; and where compensation is claimed from or proceedings are taken against the principal contractor, then, in the application of this Ordinance, references to the principal contractor shall be substituted for references to the employer, except that the amount of any compensation calculated by reference to earnings shall be calculated by reference to the earnings of the employee under the employer by whom he is immediately employed.

Where a principal contractor is liable to pay compensation under this section, he shall be liable for the offences under sections 6C(15), 6D(10), 6E(16), 10(10), 16A(12) and 16I(6) as if he were an employer. (Added 52 of 2000 s. 13)

Where the principal contractor is liable to pay compensation under this section, he shall be entitled to be indemnified by any person who would have been liable to pay compensation to the employee independently of this section.

An employee employed by a sub-contractor may issue a written request to the sub-contractor to supply to the employee the name and address of the principal contractor.

A sub-contractor shall within 7 days after the date of issue of a written request under subsection (3)—

A sub-contractor who without reasonable excuse fails to comply with subsection (4) commits an offence and is liable to a fine at level 5. (Amended 63 of 1992 s. 11; 36 of 1996 s. 18)

An employee shall, before making any claim or application by virtue of this section against a principal contractor, serve on the principal contractor a notice in writing stating—

Where a claim or application is made by virtue of this section against a principal contractor, the principal contractor shall give notice thereof to the sub-contractor specified in the notice served on the principal contractor under subsection (6), who shall thereupon be entitled to intervene in any application made against the principal contractor.

Nothing in this section shall be construed as preventing an employee recovering compensation under this Ordinance from a subcontractor instead of the principal contractor.

Where the injury in respect of which compensation is payable was caused in circumstances creating a legal liability in some person other than the employer (in this section referred to as the third party) to pay damages to the employee in respect thereof—

An employee shall, before instituting proceedings for damages under subsection (1), in writing notify the employer of his intention to do so and shall likewise notify the employer if he decides to abandon such proceedings or to relinquish or settle his claim for damages, and shall in connection with any such notification furnish such particulars as the employer may require.

If an employee who has—

recovers damages against a third party in any such proceedings, then—

In any proceedings to which subsection (3) applies the court may, where any sum of compensation referred to in that subsection has already been paid, make such order with respect to the repayment of such sum or any part thereof as is necessary to give effect to that subsection.

Notwithstanding anything to the contrary in any other enactment, where written notice of intention to institute proceedings under subsection (1)(b) has been given by an employer, or by any person who may be called upon to pay an indemnity under section 24, to a third party within 12 months of the receipt by the employer or such person of due notice of the accident concerned, no such proceedings shall lapse, or be barred, under any enactment relating to the limitation of actions, until after the expiry of a period of 3 months from the date upon which a claim for compensation in respect of such accident has been—

as the case may be.

Where notice is given to the employer under subsection (2) and the provisions of section 24 apply, the employer shall give notice thereof to any person who may be called upon to pay an indemnity under that section.

Where any injury is caused to an employee by the negligence, breach of statutory duty or other wrongful act or omission of the employer, or of any person for whose act or default the employer is responsible, nothing in this Ordinance shall limit or in any way affect any civil liability of the employer independently of this Ordinance: (Amended 32 of 2000 s. 48)Provided that any damages awarded against an employer in an action at common law or under any enactment in respect of any such negligence, breach of statutory duty, wrongful act or omission, shall be reduced by the value, as decided by the Court of First Instance or the District Court, as the case may be, of any compensation which has been paid or is payable under the provisions of this Ordinance in respect of the injury sustained by the employee. (Replaced 55 of 1969 s. 20. Amended 44 of 1980 s. 15; 76 of 1982 s. 20; 25 of 1998 s. 2; 52 of 2000 s. 15)

If, within the time limited for taking proceedings under this Ordinance by section 14(1), an action is brought to recover damages independently of this Ordinance for injury caused by an accident, and it is determined in such action or on appeal that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Ordinance, the action shall be dismissed; but the court in which the action is tried, or, if the determination is the determination (on an appeal by either party) by an appellate tribunal, that tribunal, shall, if the plaintiff so choose, proceed to assess such compensation, but may deduct from such compensation all or part of the costs, which, in its judgment, have been caused by the plaintiff bringing the action instead of proceeding under this Ordinance. In any proceeding under this subsection, when a court or appellate tribunal assesses the compensation, it shall give a certificate of the compensation it has awarded and the directions it has given as to the deduction of costs, and such certificate shall have the force and effect of an order of the District Court under this Ordinance:Provided that an appellate tribunal may, instead of itself assessing such compensation, remit the case to the District Court for the assessment of the compensation, and in such case may order the District Court to deduct from the amount of compensation assessed by it all or part of such costs as aforesaid. (Amended 76 of 1982 s. 20)

Where, within the time limited for taking proceedings under this Ordinance by section 14(1), an action is brought to recover damages independently of this Ordinance in respect of an injury giving rise to a claim for compensation under this Ordinance, and it is determined in that action that—

subsection (2) shall apply in all respects as if the action had been dismissed, and, if the plaintiff chooses to have compensation assessed and awarded in accordance with the said subsection (2), no damages shall be recoverable in the said action.

Without prejudice to section 21(3), where a court or appellate tribunal assesses compensation in accordance with subsection (2) it may include in the sum awarded interest at such rate as it thinks fit on the whole or any part of such sum for the whole or any part of the period between the date of the accident and the date of the certificate given under that subsection. (Added 76 of 1982 s. 20)

[cf. 1925 c. 84 s. 29 U.K.]

This Ordinance shall apply to masters and seafarers who are employees within the meaning of this Ordinance and are members of the crew of a Hong Kong ship, subject to the following modifications— (Amended 44 of 1980 s. 15; 44 of 1995 s. 143)

This Ordinance shall also apply to any person, not being a master or seafarer, employed or engaged in any capacity on board and on or about the business of a Hong Kong ship and if he is otherwise an employee within the meaning of this Ordinance. (Amended 44 of 1980 s. 15; 44 of 1995 s. 143)

(Repealed 76 of 1982 s. 22)

In this section—

If the employer submits or has agreed to submit to the jurisdiction of the Court, then, notwithstanding that the accident causing the personal injury occurred outside Hong Kong, this Ordinance shall apply, subject to the modifications in subsections (2) and (3) and section 30A, to seafarers who are employees within the meaning of this Ordinance and, having been recruited or engaged in Hong Kong, are members of the crew of a ship which is not a Hong Kong ship as defined in section 29(4). (Amended 44 of 1980 s. 15; 59 of 1988 s. 9; 44 of 1995 s. 143; 23 of 1998 s. 2)

The notice of accident and the claim for compensation may be given to the master of the ship as if he were the employer, but where the accident occurred and the incapacity commenced on board the ship it shall not be necessary to give any notice of the accident. (Replaced 76 of 1982 s. 23)

In the case of the death of a seafarer to whom this section applies, the application for compensation shall be made within 2 years after the death occurred or, where the ship has been or is deemed to have been lost with all hands, within 2 years after the date on which the ship was, or is deemed to have been, so lost. (Amended 44 of 1995 s. 143)

(Repealed 59 of 1988 s. 9)

In this section—

Where in a proceeding under this Ordinance in relation to an injury that occurred outside Hong Kong the testimony of a witness is required, on proof that the witness cannot be found in Hong Kong a deposition, or a certified copy of it, which the witness may have previously made on oath outside Hong Kong in relation to that injury before a justice or magistrate in Her Majesty’s dominions or in any place where Her Majesty exercises jurisdiction or before any British Consular Officer elsewhere is, subject to subsection (2), admissible in evidence without proof of the signature or official character of the person appearing to have signed the deposition.

The person before whom the deposition was made shall sign it and certify that the witness was present at the making of the deposition.

In this section—

This Ordinance also applies where personal injury by accident arising out of and in the course of employment is caused to an employee outside Hong Kong where the employee’s contract of employment is entered into in Hong Kong with an employer who is a person carrying on business in Hong Kong.

Compensation payable under this Ordinance to an employee referred to in subsections (2) and (5) shall be reduced by the amount of any foreign compensation paid to him in respect of the same injury. (Amended 63 of 1992 s. 12)

Where foreign compensation is paid to an employee after compensation in respect of the same injury is paid under this Ordinance, the amount paid under this Ordinance, not exceeding the amount of the foreign compensation paid, shall be repaid to the employer by the employee and the amount is recoverable as a civil debt.

If an employer who is a person carrying on business outside Hong Kong submits or has agreed to submit to the jurisdiction of the Court, then, notwithstanding that the accident causing the personal injury occurred outside Hong Kong, this Ordinance shall apply to employees within the meaning of this Ordinance who have been recruited or engaged in Hong Kong. (Added 63 of 1992 s. 12)

Any contract or agreement whether made before or after the commencement of this Ordinance, whereby an employee relinquishes any right to compensation from an employer for personal injury by accident arising out of and in the course of his employment, shall, subject to subsection (2), be null and void in so far as it purports to remove or reduce the liability of any person to pay compensation under the provisions of this Ordinance.

The Commissioner may, if satisfied that, by reason of old age or serious physical defect or infirmity, a person, if employed as an employee, is specially liable to meet with an accident, or, if he meets with an accident is specially liable to sustain injury, in connection with any contract of such employment, authorize the person and the employer to enter into an agreement in writing reducing or giving up the right of such person to compensation under the provisions of this Ordinance in respect of any accident which is caused or contributed to by the old age or serious physical defect or infirmity.

An agreement entered into under subsection (2) shall be ineffective unless the Commissioner certifies that in his opinion such agreement is fair and reasonable.

If the total or partial incapacity (whether of a permanent or temporary nature) or the death of an employee results from an occupational disease and is due to the nature of any employment in which the employee was employed at any time within the prescribed period immediately preceding such incapacity or death, whether under one or more employers, then, the employee or members of his family, as the case may be, shall be entitled to compensation under this Ordinance as if such incapacity or death had been caused by an accident arising out of and in the course of employment in respect of which the provisions of section 5 apply, and the provisions of this Ordinance (including in particular section 15) shall, mutatis mutandis, apply thereto, subject to the following modifications— (Amended 1 of 1995 s. 12; 52 of 2000 s. 18)

Where an employee suffers incapacity or dies as a result of an occupational disease, the employee or members of his family, as the case may be, shall, if so required, furnish to the employer who last employed the employee during the prescribed period immediately preceding the incapacity or death in the employment to the nature of which the occupational disease was due such information as to the names and addresses of all other employers who employed him in such employment during such period as he or they may possess, and, if such information is not furnished or is not sufficient to enable that employer to take proceedings under subsection (3), that employer, upon proving that the disease was not contracted whilst the employee was in his employment, shall not be liable to pay compensation. (Amended 52 of 2000 s. 18)

If the employer who last employed the employee during the prescribed period immediately preceding the incapacity or death in the employment to the nature of which the occupational disease was due alleges that the disease was in fact contracted whilst the employee was in the employment of some other employer during such period, and not whilst in his employment, he may join such other employer as a party to the proceedings in respect of the claim for compensation, and if the allegation is proved that other employer shall be the employer from whom the compensation is recoverable.

If the occupational disease is of such a nature as to be contracted by a gradual process, any other employers who during the prescribed period immediately preceding the incapacity or death employed the employee in the employment to the nature of which the disease was due shall be liable to make to the employer from whom compensation is recoverable pursuant to subsection (1)(c) or subsection (3) such contribution as, in default of agreement, may be determined by a Court at the hearing of the claim for compensation, or, if the amount of and liability to pay the compensation is not in dispute, by the Court at a separate hearing.

Nothing in subsection (2) shall be construed as preventing the employee or members of his family, as the case may be, from recovering compensation under this Part from any other employer who employed the employee in the employment to the nature of which the occupational disease was due during the prescribed period immediately preceding the incapacity or death in the event of the employer who last employed the employee in such employment proving that the disease in question was not contracted whilst the employee was in his employment. (Amended 52 of 2000 s. 18)

For the purposes of this section—

Any employer may, before employing an employee in any trade, industry or process specified in the third column of the Second Schedule, require the employee to undergo a medical examination by a registered medical practitioner at the cost of the employer. (Amended 16 of 2006 s. 19)

Subject to subsection (2), nothing in this Part shall prejudice the right of an employee to recover compensation under this Ordinance in respect of a disease to which this Part does not apply, if the disease is a personal injury by accident within the meaning of section 5. (Added 19 of 1964 s. 5. Amended 44 of 1980 s. 15; 51 of 1980 s. 48)

Subsection (1) does not apply to any incapacity resulting from—

Subject to the provisions of this section, if, in any employment, personal injury is caused to an employee by accident arising out of and in the course of the employment, the employer shall, notwithstanding any other compensation he may be liable to pay under this Ordinance, be liable to pay for the cost of supplying and fitting to the employee a prosthesis or surgical appliance required by him as a result of his injury. (Amended 76 of 1982 s. 24)

Notwithstanding anything in section 5(2)(a), the employer shall be liable under subsection (1) whether or not the injury has resulted or is likely to result in any temporary incapacity or permanent incapacity causing a loss of earning capacity. (Added 76 of 1982 s. 24. Amended 1 of 1995 s. 13; 67 of 1996 s. 6)

The employer shall not be liable under subsection (1) unless—

Where an employee who has sustained injury outside Hong Kong in an accident arising out of and in the course of his employment submits himself to medical treatment outside Hong Kong by or under the supervision of a person who is allowed to practise medicine, surgery or dentistry in the place where such medical treatment is given, the employer shall, notwithstanding subsection (2)(a), if the Board so approves, be liable to pay for the cost of supplying and fitting the prosthesis or surgical appliance required by the employee. (Added 1 of 1995 s. 13)

If the prosthesis or surgical appliance required by the employee is not manufactured or on sale in Hong Kong, and the Director gives his approval, the employee may be supplied and fitted with a prosthesis or surgical appliance which is manufactured or on sale at a place other than Hong Kong, in which case, the employer shall, notwithstanding subsection (2)(c)(i), be liable to pay for the cost of supplying and fitting the same to the employee.

A claim for the cost of supplying and fitting any prosthesis or surgical appliance which the employer is liable to pay under section 36B may be made by the Director by serving on the employer a request in writing for the payment of the cost.

A request for payment under subsection (1) shall specify—

A request for payment under subsection (1) shall be supported by a certificate issued by the Board under section 36M(4).

The employer shall, on receipt of a request for payment under section 36D and before the expiry of 1 month from the time of receipt, pay the amount of the cost to the Director, unless he disputes his liability to pay or the necessity or cost of the prosthesis or surgical appliance.

If the employer so disputes, he shall within the period specified in subsection (1)—

If the employer so disputes, but fails without reasonable excuse to comply with the provisions of subsection (2), he shall be deemed to have agreed to pay the amount of the cost claimed in the request for payment.

Where any dispute arises as to the liability to pay or the necessity or cost of any prosthesis or surgical appliance supplied and fitted to the employee under this Part, the dispute shall be determined by the Court.

At the determination of the dispute, the Court may make such order as it may deem fit in respect of the deposit under section 36E(2)(a), but shall order the return of the deposit to the employer if it finds the employer not liable or that the prosthesis or surgical appliance is not necessary for the employee.

A claim for payment of the cost which an employer is liable to pay under section 36I shall be treated as a claim for the cost of supplying and fitting a prosthesis or surgical appliance under section 36B, and, subject to subsection (2), sections 36D, 36E, 36F, 36G and 36H shall, with the necessary modifications, apply in respect of a claim under section 36I. (Amended 76 of 1982 s. 25)

An employer may not, in respect of any claim made under section 36I, dispute the necessity for renewal and repair of the prosthesis or surgical appliance.

Where, in respect of an accident occurring on or after the date on which this section comes into operation, an employer is liable to pay for the cost of—

then, subject to the rights of the Director in respect of the recovery of any amount from the employer under this Part, the cost—

of such prosthesis or surgical appliance shall be payable out of the general revenue of Hong Kong.

All amounts—

shall be paid by him into the general revenue of Hong Kong.

Where the Director is satisfied that—

the Director may take proceedings directly against the insurer for a claim under this Part as if the insurer were the employer.

Where under this Part an amount is paid by the insurer which would, but for this section, not be payable under the policy of insurance, the employer is liable to pay that amount to the insurer.

The Director shall appoint a board to be known as the Prostheses and Surgical Appliances Board which shall consist of—

The functions of the Board shall be—

Where a prosthesis or surgical appliance has already been supplied and fitted outside Hong Kong to an injured employee, the Board, in the exercise of its functions pursuant to subsection (2), may regard the injured employee as not having been fitted with that prosthesis or surgical appliance but, instead, as having been supplied and fitted with a prosthesis or surgical appliance manufactured or on sale in Hong Kong. (Added 1 of 1995 s. 14)

The Board shall, when assessing the total amount of the probable cost of the normal repair and renewal of a prosthesis or surgical appliance under subsection (2)(c), have regard to—

If the Board is satisfied—

it shall issue a certificate to the Director, stating in respect of such prosthesis or surgical appliance—

A certificate purporting to be issued under subsection (4) and to be signed by or for the Board shall be admitted in evidence without further proof on its production in the Court and—

Subject to subsection (2), this Part shall apply to all employments other than any employment exempted under subsection (3).

Notwithstanding section 4, this Part shall not apply to any employment by or under the State.

The Chief Executive in Council may, by notice in the Gazette, exempt any employment from the application thereto of this Part.

Subject to subsections (1B) and (1C), no employer shall employ any employee in any employment unless there is in force in relation to such employee a policy of insurance issued by an insurer for an amount not less than the applicable amount specified in the Fourth Schedule in respect of the liability of the employer. (Amended 47 of 1995 s. 4)

Subsection (1) does not require an employer to obtain insurance for any liability he may have in respect of damages awarded by a court outside Hong Kong to an employee referred to in section 30B. (Added 59 of 1988 s. 12)

A principal contractor who has undertaken to perform any construction work may, in compliance with subsection (1), take out a policy of insurance issued by an insurer for an amount not less than the amount specified in the Fourth Schedule in relation to a principal contractor in respect of the liability of the principal contractor and the liability of his sub-contractor. (Added 47 of 1995 s. 4)

A group of companies may, in compliance with subsection (1), take out a policy of insurance issued by an insurer for an amount not less than the amount specified in the Fourth Schedule in relation to a group of companies in respect of the liabilities of the companies, bodies corporate and corporations in the group specified in the policy. (Added 47 of 1995 s. 4)

For the purpose of this section, section 44B and the definition of the available amount covered by the policy of insurance (可得的保險單承保款額) in section 38, accident (意外) means an accident or a series of accidents arising out of one event, and in relation to an occupational disease—

For the avoidance of doubt, it is declared that—

The reference in this section to the liability of a person is a reference to the liability of the person under this Ordinance and independently of this Ordinance for any injury to his employee by accident arising out of and in the course of the employee’s employment. (Added 47 of 1995 s. 4)

An employer who contravenes subsection (1) commits an offence and is liable—

Subject to subsection (2), an employer to whom a policy of insurance is issued for the purposes of this Part shall display, in a conspicuous place on each of his premises where any employee is employed by him, a notice, in such form as may be specified by the Commissioner, showing in both the English and Chinese languages—

Subsection (1) shall not apply where the policy of insurance, in so far as it is issued for the purposes of this Part, relates solely to domestic servants employed in, or in connection with, the private household of the employer or relates to an employee referred to in section 30B whose work is performed outside Hong Kong. (Amended 59 of 1988 s. 13)

An employer who without reasonable excuse contravenes subsection (1) commits an offence and is liable to a fine at level 3. (Amended 52 of 2000 s. 20)

Any employer who without reasonable excuse provides any false or misleading information in a notice under subsection (1) commits an offence and is liable to a fine at level 5. (Added 47 of 1995 s. 6)

Notwithstanding anything in a policy of insurance issued for the purposes of this Part, an insurer is liable, in a proceeding under section 36LA or 44, for the amount of the liability of the employer not exceeding the available amount covered by the policy of insurance. (Amended 47 of 1995 s. 7)

For the avoidance of doubt, it is declared that an insurer is liable, in a proceeding under section 36LA or 44, for the amount of the liability of the employer not exceeding the available amount covered by the policy of insurance issued for the purposes of this Part notwithstanding the obligation imposed upon the employer by section 40 to insure for an amount in excess of the amount insured. (Added 47 of 1995 s. 7)

This section does not apply to a policy of insurance issued for the purposes of this Part that is issued before the commencement of this section.

Where under this Part an amount is paid by the insurer which would, but for this section, not be payable under the policy of insurance, the employer is liable to pay that amount to the insurer.

Subject to this section, where in relation to an employee there is in force a policy of insurance issued for the purposes of this Part and the employer of the employee becomes liable to pay any sum under this Ordinance or independently of this Ordinance in respect of an injury to the employee arising out of and in the course of his employment, such sum shall forthwith become due and payable by the insurer, including any sum payable in respect of interest and costs, notwithstanding anything to the contrary in the policy of insurance. (Amended 66 of 1993 s. 13)

No sum shall be payable by an insurer under this section—

(Repealed 36 of 1996 s. 22)

If sufficient notice of the institution of proceedings for the recovery of compensation or damages is given to an insurer to enable such insurer to apply to be added as a party to the proceedings, the court or tribunal, as the case may be, shall, on such application being made, add the insurer as a party and the insurer shall have the same right to defend the proceedings as if such insurer were the employer.

Where under this Part an amount is paid by the insurer which would, but for this section, not be payable under the policy of insurance, the employer is liable to pay that amount to the insurer. (Replaced 66 of 1993 s. 13)

Every policy of insurance issued for the purposes of this Part shall be deemed to provide that any employee or other person having a claim against the person insured in respect of the liability in regard to which such policy was issued shall, subject to section 42, be entitled to recover in his own name, as though he were a party to the policy, directly from the insurer any amount which he would have been entitled to recover from the person insured. (Amended 66 of 1993 s. 14; 47 of 1995 s. 9)

An employee or other person having a claim against the person insured under a policy of insurance issued for the purposes of this Part shall not commence proceedings against the insurer unless he also commences or has commenced proceedings against the person insured. (Added 66 of 1993 s. 14)

Notwithstanding subsection (2), where an employee or other person having a claim against the person insured has reasonable grounds to be satisfied that—

he may take proceedings against the insurer without taking or having taken proceedings against the person insured. (Added 66 of 1993 s. 14)

Where—

the holding company is liable to pay the amount or part thereof to the employee.

An employee employed by a subsidiary which is insured under a policy of insurance taken out by a group of companies pursuant to section 40(1C) may issue a written request to the subsidiary to supply to the employee the names and addresses of all its holding companies which are also insured under the policy.

A subsidiary shall within 7 days after the date of issue of a written request under subsection (2)—

A subsidiary which without reasonable excuse fails to comply with subsection (3) commits an offence and is liable to a fine at level 3.

The Commissioner, and any public officer authorized in writing by him in that behalf (which authority shall be produced by such public officer on demand) may for the purposes of this Part— (Amended 68 of 1995 s. 45)

The Commissioner may, by notice in writing to an employer, require the employer to produce for inspection by the Commissioner, on such date and at such time and place as is specified in the notice—

An employer is not required to produce anything under subsection (1)(a) in respect of a date specified by the Commissioner in his notice that is earlier than 3 years preceding the date of the Commissioner’s notice. (Added 59 of 1988 s. 14)

An employer who fails without reasonable excuse to comply with the requirements of a notice under subsection (1) commits an offence and is liable—

The Commissioner may inspect, examine or take copies of any article, record or document produced under subsection (1).

Any person who hinders or impedes the Commissioner in the exercise of his powers under subsection (3) commits an offence and is liable to a fine at level 5. (Amended 63 of 1992 s. 14; 36 of 1996 s. 24)

Notwithstanding anything in section 49, the Chief Executive in Council may by regulations require an insurer to give notice in advance to the Commissioner of any increase proposed in the premium generally charged by the insurer for a policy of insurance issued for the purposes of this Part, whether or not such increase is to apply in relation to a particular trade, industry or occupation. (Amended 56 of 2000 s. 3)

Regulations made under this section may require the insurer referred to in subsection (1) to also provide details of current premiums in a form that will enable the Commissioner to compare the proposed increase with the current premiums. (Added 66 of 1993 s. 16)

Regulations made under this section may provide that a contravention of any specified provision shall be an offence, and may prescribe penalties therefor not exceeding a fine at level 4 and imprisonment for 6 months. (Amended 52 of 2000 s. 22)

When at any time a body corporate commits an offence under regulations made under this section with the consent or connivance of, or because of neglect by, any individual, the individual commits the like offence if at that time—

Compensation payable under the provisions of this Ordinance shall not be capable of being assigned, charged or attached, and shall not pass to any other person by operation of law nor shall any claim be set off against such compensation. (Amended 63 of 1992 s. 15)

Notwithstanding subsection (1), compensation payable under the provisions of this Ordinance to any person who is or has been an aided person within the meaning of the Legal Aid Ordinance (Cap. 91) shall be subject to the first charge for the benefit of the Director of Legal Aid under section 18A of that Ordinance in respect of any unpaid contribution or deficiency referred to in that section. (Added 63 of 1992 s. 15)

An employer who, for the purpose of defraying or partly defraying the cost of insurance in respect of his liability to pay compensation under the provisions of this Ordinance, makes any deduction from the earnings of an employee in his employ, shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3 and to imprisonment for 6 months. (Amended 44 of 1980 s. 15; 76 of 1982 s. 29; 63 of 1992 s. 16; 52 of 2000 s. 23)

An employer convicted of an offence under subsection (1) shall, in addition to any penalty imposed under that subsection, if the court or magistrate before which the conviction was obtained so orders, pay to the employee any sum deducted from the employee’s earnings—

An employer shall not, without the consent of the Commissioner—

before—

whichever occurs first. (Replaced 1 of 1995 s. 15)

Further to subsection (1), an employer shall not, without the consent of the Commissioner—

before—

Any employer who contravenes any of the provisions of subsection (1) or (1A) shall be guilty of an offence and shall be liable on conviction to a fine at level 6. (Added 55 of 1969 s. 26. Amended 44 of 1980 s. 15; 76 of 1982 s. 30; 63 of 1992 s. 17; 36 of 1996 s. 25; 67 of 1996 s. 7)

A public officer is not personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the exercise of any function or power under this Ordinance.

The protection conferred on public officers by subsection (1) in respect of any act or omission shall not in any way affect any liability of the Government in tort for that act or omission.

The Commissioner may make regulations— (Amended 66 of 1993 s. 18)

Any regulations made under this Ordinance may provide that such contraventions thereof as may be specified shall constitute an offence and may provide for the punishment of any such offence on summary conviction by a fine at level 3 and by imprisonment for a term of 3 months and, in the case of a continuing offence, by a fine of $200 for every day during which the default continues. (Amended 76 of 1982 s. 32; 63 of 1992 s. 18; 52 of 2000 s. 25)

Nothing in the Workmen’s Compensation (Amendment) Ordinance 1980 (44 of 1980) (hereinafter called the amending Ordinance) shall apply with respect to claims for compensation or other rights, obligations or liabilities in respect of accidents happening before the date of commencement* of sections 4, 5, 8 and 12 or of section 14 of the amending Ordinance, as the case may be; and without limiting the provisions of the Interpretation and General Clauses Ordinance (Cap. 1), the provisions of the Workmen’s Compensation Ordinance repealed or deleted by the amending Ordinance shall continue to apply to such claims, rights, obligations or liabilities as if such provisions had not been repealed or deleted by the amending Ordinance. (44 of 1980 s. 16 incorporated)

Nothing in the Employees’ Compensation (Amendment) Ordinance 1982 (76 of 1982) shall apply with respect to claims for compensation or other rights, obligations or liabilities in respect of accidents happening before the commencement* of that Ordinance; and the provisions of this Ordinance in force immediately before the commencement of that Ordinance shall continue to apply to such claims, rights, obligations or liabilities as if such provisions had not been repealed or amended by that Ordinance. (Added 76 of 1982 s. 35)

The amendments made by sections 4(a) and (b), 5, 6, 8, 9, 10, 12 and 13 of the Employees’ Compensation (Amendment) Ordinance 1988 (59 of 1988) do not apply to claims for compensation or other rights, obligations or liabilities in respect of accidents happening before the commencement* of the amendments; and the provisions of this Ordinance in force immediately before the commencement of the amendments continue to apply to those claims, rights, obligations or liabilities as if they had not been repealed or amended by that Ordinance. (Added 59 of 1988 s. 15)

The amendments made by sections 2, 3 and 21 of the Employees’ Compensation (Amendment) Ordinance 1993 (66 of 1993) do not apply to claims for compensation or other rights, obligations or liabilities in respect of accidents happening before the commencement of the amendments; and the provisions of this Ordinance in force immediately before the commencement of the amendments continue to apply to those claims, rights, obligations or liabilities as if they had not been amended by that Ordinance. (Added 66 of 1993 s. 20)

Despite the repeal of section 42 by section 12 of the Employees’ Compensation (Amendment) Ordinance 1993 (66 of 1993), section 42 as it was before its repeal shall be deemed not to have been repealed in respect of policies of insurance issued before the commencement of section 12 of the Employees’ Compensation (Amendment) Ordinance 1993 (66 of 1993). (Added 66 of 1993 s. 20)

The amendments made by sections 2, 3, 9, 11, 13, 14, 15, 16, 17, 19, 22, 29, 30, 31 and 32 of the Employees’ Compensation (Amendment) Ordinance 1996 (36 of 1996) (the amending Ordinance) do not apply to claims for compensation or other rights, obligations or liabilities in respect of accidents occurring before the commencement** of the amending Ordinance, and the provisions of this Ordinance in force immediately before the commencement of the amending Ordinance continue to apply to those claims, rights, obligations or liabilities as if they had not been repealed or amended by the amending Ordinance. (Added 36 of 1996 s. 27)

The amendments made by sections 2 to 7 of the Employees’ Compensation (Amendment) (No. 2) Ordinance 1996 (67 of 1996) (the amending Ordinance) do not apply to claims for compensation or other rights, obligations or liabilities in respect of accidents occurring before the commencement of the amending Ordinance, and the provisions of this Ordinance in force immediately before the commencement of the amending Ordinance continue to apply to those claims, rights, obligations or liabilities as if they had not been repealed or amended by the amending Ordinance. (Added 67 of 1996 s. 8)

Subject to subsection (9), nothing in the Employees’ Compensation (Amendment) (No. 2) Ordinance 2000 (52 of 2000) (the amending Ordinance) shall apply with respect to claims for compensation or other rights, obligations or liabilities in respect of accidents happening before the commencement^# of the amending Ordinance; and the provisions of this Ordinance in force immediately before the commencement^# of the amending Ordinance shall continue to apply to such claims, rights, obligations or liabilities as if such provisions had never been repealed or amended by the amending Ordinance. (Added 52 of 2000 s. 26)

Subsection (8) shall not apply to section 16A(12), 24, 40(2), 41(3), 45C(2)(a), 45D(2), 47(1) or 49(2) as amended by sections 11, 13, 19, 20, 21, 22, 23 and 25 respectively of the amending Ordinance. (Added 52 of 2000 s. 26)

An amendment to this Ordinance made by any provision of Part 3 of the Certification for Employee Benefits (Chinese Medicine) (Miscellaneous Amendments) Ordinance 2006 (16 of 2006) (2006 Ordinance) does not apply to claims for compensation or other rights, obligations or liabilities in respect of accidents happening before the commencement*** of that provision. The provisions of this Ordinance as were in force immediately before that commencement shall continue to apply with respect to claims for compensation or other rights, obligations or liabilities in respect of accidents happening before that commencement as if the amendment had not been made. (Added 16 of 2006 s. 22 and replaced 10 of 2008 s. 62)

Despite subsection (10), as soon as any provision of section 10AB(5), (6) and (10)(d) and (e) (relevant provision) has commenced, the relevant provision shall apply with respect to claims for compensation or other rights, obligations or liabilities in respect of accidents happening on or after the first commencement of section 10AB as far as cost of medicines incurred on or after the commencement of the relevant provision is concerned. (Added 16 of 2006 s. 22 and 10 of 2008 s. 62)

In subsection (11)—