Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 16A

Determination of claims in respect of injuries

(Past version on 01/08/2000).
(Past version on 30/06/1997).

(1) Where-

   (a)  a claim for compensation arises in respect of an accident causing
        injury to an employee that results in temporary incapacity, whether
        total or partial; or

   (b)  a claim for compensation arises in respect of an accident causing
        injury to an employee that results in loss of earning capacity as
        assessed under section 16D(5), 16E(8) or (9), 16G(2) or 16GA(1),
        (Amended 36 of 1996 s. 11) the Commissioner may assess the
        compensation payable under sections 7, 9 and 10. (Replaced 59 of 1988
        s. 4. Amended 36 of 1996 s. 11)

(1A) Compensation shall not be assessed by the Commissioner under subsection
(1) unless claim for compensation arises within 24 months after the happening
of the accident. (Added 59 of 1988 s. 4)

(2) Where the Commissioner assesses compensation under subsection

(1) he shall issue to the employer and the employee a certificate in such form
as he may specify stating the amount of the compensation and details of the
assessment, and shall retain one copy of the certificate for his records.

(3) An objection to the amount of compensation assessed under subsection (1)
may be made in writing-

   (a)  by the employer, the employee or the ECAFB;

   (b)  within 14 days after-

        (i)    in the case of the employer or employee, the date of issue of
               the certificate issued under subsection (2);

        (ii)   in the case of the ECAFB, the date on which an application is
               made under section 16 of the
               Employees Compensation Assistance Ordinance ( Cap 365) by the
               employee, or within such further time as the Commissioner, in
               the circumstances of any particular case, thinks fit;

   (c)  stating the grounds of the objection; and

   (d)  by the objector sending a copy of the objection-

        (i)    where the objector is the employer, to the employee;

        (ii)   where the objector is the employee, to the employer;

        (iii)  where the objector is the ECAFB, to the employer and the
               employee. (Replaced 16 of 2002 s. 33)

(4) On receipt of an objection under subsection (3) the Commissioner shall-

   (a)  if the objection relates to the assessment of the percentage of loss
        of earning capacity made by an Ordinary Assessment Board under
        section 16D(5) or by a Special Assessment Board under section 16E(8)
        or

(9), forward a copy of the objection to the Ordinary Assessment Board or the
Special Assessment Board, as the case may be, for a review under
section 16G(2); and

   (b)  after taking into account the objection and any review referred to in
        paragraph (a) of this subsection, confirm, vary or cancel the
        assessment of compensation under subsection (1). (Replaced 59 of 1988
        s. 4. Amended 63 of 1992 s. 7; 36 of 1996 s. 11)

(4A) (Repealed 36 of 1996 s. 11)

(5) Upon completing a review under subsection (4), the Commissioner shall
issue to the employer and the employee and, where applicable, the ECAFB a
certificate in such form as he may specify stating- (Amended 16 of 2002 s. 33)

   (a)  that the original assessment is confirmed and giving details thereof;
        or

   (b)  details of the assessment as varied, and shall retain one copy of the
        certificate for his records.

(6) Upon the issue of a certificate under subsection (5), the certificate
issued under subsection (2) shall be cancelled.

(7) A certificate purporting to be issued-

   (a)  under subsection (2), other than a certificate cancelled under
        subsection (6); or

   (b)  under subsection (5), and to be signed by or for the Commissioner
        shall be admitted in evidence without further proof on its production
        in any court, and-

        (i)    until the contrary is proved it shall be presumed that the
               certificate is so issued and signed; and

        (ii)   shall be evidence of the matters stated therein.

(8) A certificate issued-

   (a)  under subsection (2), other than a certificate cancelled under
        subsection (6); or

   (b)  under subsection (5), may, on application to the Court by the
        employer, the employee, the ECAFB or the Commissioner, be made an
        order of the Court and, for the purposes of this subsection, the
        amount payable under any such certificate shall include any surcharge
        payable in respect thereof under subsection (10). (Amended 16 of 2002
        s. 33)

(9) Subject to section 18, the employer shall pay to the employee within a
period of 21 days after-

   (a)  the date of issue of the certificate issued under subsection

(2); or

   (b)  where an objection is made under subsection (3), the date of  issue of
        the certificate issued under subsection (5), the balance (if any) of
        the amount of compensation stated in the certificate after deducting
        from such amount-

        (i)    the total sum of any periodical payments made by the employer
               to the employee under section 10 in respect of the injury to
               which the certificate relates; and

        (ii)   any sum which the Commissioner has ordered to be deducted under
               section 13(3).

(10) An employer who fails without reasonable excuse to comply with subsection
(9) shall pay to the employee, in addition to the amount of compensation
payable under that subsection- (Amended 59 of 1988 s. 4)

   (a)  upon the expiry of the payment period, a surcharge of the percentage
        specified in the third column of the Sixth Schedule shown opposite
        section 16A(10)(a) specified in the first column of that Schedule of
        the amount of compensation then remaining unpaid or the amount
        specified in the second column of the Sixth Schedule shown opposite
        that section as specified, whichever is the greater; and (Amended 36
        of 1996 s. 11)

   (b)  upon the expiry of 3 months after the expiry of the payment  period, a
        further surcharge of the percentage specified in the third column of
        the Sixth Schedule shown opposite section 16A(10)(b) specified in the
        first column of that Schedule of the amount then remaining unpaid of
        the aggregate of the amount of compensation referred to in paragraph

   (a)  and the surcharge imposed under that paragraph or the amount specified
        in the second column of the Sixth Schedule shown opposite that section
        as specified, whichever is the greater. (Amended L.N. 390 of 1987;
        L.N. 435 of 1991; L.N. 463 of 1993; L.N. 566 of 1995; 36 of 1996 s.
        11)

(11) For the purposes of subsection (10) "payment period" (付款期) means
the appropriate period for payment referred to in subsection (9).

(12) An employer who fails without reasonable excuse to comply with subsection
(9) or (10) commits an offence and is liable to a fine at level 6. (Added 59
of 1988 s. 4. Amended 36 of 1996 s. 11; 52 of 2000 s. 11)

(13) For the purposes of this section "date of issue" (發出日期) means the
date appearing on the certificate of assessment. (Added 63 of 1992 s. 7)
(Added 76 of 1982 s. 14)

"payment period" (付款期)

"date of issue" (發出日期)