Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 16CB

Cancellation of agreement by Commissioner

(1) Where an agreement has been entered into under section 16CA, the
Commissioner may on the application of either party to the agreement cancel
the agreement if he is satisfied that-

   (a)  the sum paid or to be paid was or is not in accordance with the
        provisions of this Ordinance; or

   (b)  the agreement was entered into in ignorance of, or under a mistake as
        to, the true nature or extent of the injury; or

   (c)  the agreement was obtained by such fraud, undue influence,
        misrepresentation or other improper means as would, in law, be
        sufficient ground for avoiding it.

(2) An application under subsection (1) shall be made within 6 months after
the date on which the parties entered into the agreement or within such
further time as the Commissioner in the circumstances of any particular case
thinks fit.

(3) Where the Commissioner cancels the agreement under subsection

(1), he shall make an assessment under section 16A of the compensation payable
under section 10 and the provisions in this Ordinance affecting such
assessment shall apply accordingly. (Added 64 of 1992 s. 4)