Hong Kong Ordinances

LAW AMENDMENT AND REFORM (CONSOLIDATION) ORDINANCE - SECT 22

Abolition of the defence of common employment

(1) It shall not be a defence to an employer who is sued in respect of
personal injuries caused by the negligence of a person employed by him, that
that person was at the time the injuries were caused in common employment with
the person injured. [cf. 1948 c. 41 s. 1 U.K.]

(2) Any provision contained in a contract of service or apprenticeship, or in
an agreement collateral thereto, (including a contract or agreement entered
into before 26 October 1951) shall be void in so far as it would have the
effect of excluding or limiting any liability of the employer in respect of
personal injuries caused to the person employed or apprenticed by the
negligence of persons in common employment with him. [cf. 1948 c. 41 s. 1
U.K.]

(3) In this section, "personal injury" (人身傷害) includes any disease and
any impairment of a person's physical or mental condition and

"injured" (傷害) shall be construed accordingly. [cf. 1948 c. 41 s. 3 U.K.]

(36 of 1951 s. 5 incorporated)

"personal injury" (人身傷害)

"injured" (傷害)