Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 16

Medical examination and treatment

(Past version on 30/06/1997).

(1) Where an employee has given notice of an accident—

   (a)  the employer may, within 7 days from the time at which the notice is
        given, require the employee to undergo a medical examination without
        expense to the employee; and

   (b)  the employee shall undergo the examination. (Replaced 16 of 2006 s.
        16)

(1A) 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)

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

   (a)  if the employee is attended—

        (i)    by a registered medical practitioner, the examination shall be
               conducted by a registered medical practitioner named by the
               employer;

        (ii)   by a registered Chinese medicine practitioner, the examination
               shall be conducted by a
               registered Chinese medicine practitioner named by the employer;
               or

        (iii)  by a registered dentist, the examination shall be conducted by
               a registered dentist named by the employer; or

   (b)  in any other case, the examination shall be conducted by a
        registered medical practitioner,
        registered Chinese medicine practitioner or registered dentist named
        by the employer. (Added 16 of 2006 s. 16)

(2) 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.

(3) 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—

   (a)  that fact shall be notified to the employer; and

   (b)  the medical practitioner, Chinese medicine practitioner or dentist so
        named shall—

        (i)    fix a reasonable time and place for a medical examination of
               the employee; and

        (ii)   notify the employee accordingly. (Replaced 16 of 2006 s. 16)

(3A) 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—

   (a)  prepare a report on the examination, setting out all findings
        reasonably related to the injury of the employee; and

   (b)  send the report to the employer. (Added 16 of 2006 s. 16)

(3B) 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)

(3C) 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—

   (a)  the expiry of 21 days after the employer receives the request; or

   (b)  the expiry of 14 days after the report concerned is received by the
        employer. (Added 16 of 2006 s. 16)

(4) 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.

(5) 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.

(6) 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.

(7) 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.

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

(9) 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. (Amended 44 of 1980 s. 15; 16 of 2006 s. 16)