Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 15

Employer to report the injury to or death of an employee and method of notification

(Past version on 30/06/1997).

(1) 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)

(1A) 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-

   (a)  in the prescribed form, if the accident results in the total or
        partial incapacity of the employee for a period exceeding 3 days
        immediately following the accident; or

   (b)  in the form specified by the Commissioner, if the accident results in
        the total or partial incapacity of the employee for a period not
        exceeding 3 days immediately following the accident. (Replaced 67 of
        1996 s. 4)

(1B) 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)

(1BA) Where-

   (a)  an employer has given notice of an accident in the form specified by
        the Commissioner for the purposes of subsection (1A)(b); and

   (b)  the total or partial incapacity of the employee resulting from the
        accident extends beyond the period referred to in that subsection, 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)

(1C) 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)

   (a)  which may give rise to a liability to pay compensation;

   (b)  to which subsections (1) and (1A) do not apply; and (Amended 64 of
        1992 s. 3)

   (c)  which does not result in the death of the employee, 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)

(2) 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)

(2A) 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)

(3) 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)

   (a)  the death of the employee, he may-

        (i)    make such inquiry as he thinks fit to ascertain whether there
               are any members of the family of the deceased employee; and
               (Amended 52 of 2000 s. 10)

        (ii)   inform such members of the family, if any, of the reported
               cause and circumstances of the death of the employee and advise
               them of their right to compensation; or (Amended 52 of 2000 s.
               10)

        (iii)  (Repealed 52 of 2000 s. 10)

   (b)  the incapacity of the employee, he may, if the employee so requests,
        make a claim for compensation on behalf of the employee. (Added 55 of
        1969 s. 14)

(4) 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)

(5) 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)

(6) Any employer who-

   (a)  without reasonable excuse fails to give notice as required by
        subsection (1), (1A), (1B) or (2) or as required by a notice of the
        Commissioner under subsection (1C); or

   (b)  in or in connection with any notice given by him under subsection (1),
        (1A), (1C) or (2), makes any false or misleading statement or
        furnishes any false or misleading information, 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)

(7) Nothing contained in this section shall prevent any person from making a
claim for compensation under this Ordinance. (Amended 44 of 1980 s. 15)