Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 13

Distribution of compensation

(Past version on 30/06/1997).

(1) 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-

   (a)  in the case of compensation paid under section 6(1), order any sum so
        paid in to be apportioned among the members of the family according to
        section 6A; and

   (b)  in the case of reimbursement paid under section 6(5), order any sum so
        paid in to be apportioned to the persons who have paid the expenses of
        the funeral of the employee and the expenses of medical attendance on
        the employee according to section 6E(5), 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)

(2) 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)

   (a)  be paid by the Court to the person entitled thereto; or

   (b)  if the compensation is payable under the provisions of section  7 , 8
        or 9 or is a lump sum payable under the provisions of section 10, be
        invested, applied or otherwise dealt with by the Court for his benefit
        in such manner as the Court thinks fit: Provided that-

        (i)    where periodical payments are payable under the provisions of
               section 8(2)(b)(i) or section 10, such payments may be paid by
               the employer direct to the employee; and

        (ii)   where compensation has been agreed and approved in accordance
               with the provisions of section 8, such compensation may be paid
               by the employer direct to the employee. (Amended 55 of 1969 s.
               12; 36 of 1996 s. 9)

(3) 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)

(4) 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.

(5) 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)
(Amended 44 of 1980 s. 15)