Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 10B

Determination by Commissioner of medical expenses payable

(1) The Commissioner shall, on application made to him by an employee or
employer-

   (a)  determine whether or not there is a liability to pay medical  expenses
        under section 10A in respect of medical treatment given outside Hong
        Kong to the employee; and

   (b)  where the Commissioner has determined that there is such liability,
        determine the amount of such medical expenses and issue a certificate
        to the employee and the employer stating the amount of such
        medical expenses.

(2) Where there is a dispute as to-

   (a)  the liability to pay medical expenses under section 10A; or

   (b)  the amount of such medical expenses, 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-

        (i)    in the case of paragraph (a)- (A) determine whether or not
               there is a liability to pay such medical expenses; and (B)
               where the Commissioner has determined that there is such
               liability, determine the amount of such medical expenses and
               issue a certificate to the employee and the employer stating
               the amount of such medical expenses;

        (ii)   in the case of paragraph (b), determine the amount of such
               medical expenses and issue a certificate to the employee and
               the employer stating the amount of such medical expenses.

(3) 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)  unless there is evidence to the contrary, it shall be presumed that
        the certificate is so issued and signed;

   (b)  shall be evidence of the amount of medical expenses payable by the
        employer.

(4) 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. (Replaced 1
               of 1995 s. 8)