Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 16G

Review of assessments

(1) An objection to an assessment by an Ordinary Assessment Board under
section 16D(5) or by a Special Assessment Board under section 16E(8) or (9)
may be made by the employer or the employee in writing to the Commissioner
within 14 days after the date of issue to him of the relevant certificate
under section 16F, or within a further time that the Commissioner, in the
circumstances of any particular case, thinks fit, stating the ground of the
objection, and a copy of the objection shall be sent by the objector-

   (a)  where the objector is the employer, to the employee; and

   (b)  where the objector is the employee, to the employer. (Replaced 59 of
        1988 s. 5)

(1A) On receipt by the Commissioner of an objection under subsection (1)-

   (a)  the Commissioner shall forward a copy of the objection to the
        Ordinary Assessment Board or the Special Assessment Board, as the case
        may be; and

   (b)  all issued certificates and proceedings in progress under or pursuant
        to section 16A are void. (Added 59 of 1988 s. 5)

(2) On receipt of a copy of the objection forwarded under subsection (1A) or
under section 16A(4)(a), the Ordinary Assessment Board or the
Special Assessment Board, as the case may be, shall review its assessment and,
after taking into account the objection, may confirm or vary the assessment.
(Amended 59 of 1988 s. 5)

(3) Upon completing a review under subsection (2) the Ordinary 
Assessment Board or the Special Assessment Board, as the case may be, shall
issue to the employee, the employer and the Commissioner a certificate in such
form as may be specified by the Commissioner stating-

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

   (b)  details of the assessment as varied.

(4) Upon the issue of a certificate under subsection (3), the certificate
referred to in subsection (1) shall be cancelled.

(5) Notwithstanding anything in subsection (2), (3) or (4), where upon a
review of an assessment by an Ordinary Assessment Board under subsection (2),
it appears to the Ordinary Assessment Board that the claim for compensation to
which the assessment relates is one to which section  9 (1A) applies, it shall
not complete the review but shall refer the claim to a
Special Assessment Board.

(6) The provisions of sections 16E, 16F and this section shall apply to a
claim referred to a Special Assessment Board under subsection

(5) as if it were a claim referred to a Special Assessment Board under
section 16D(6).

(7) Upon the issue by the Special Assessment Board of a certificate under
section 16F in respect of a claim referred to it under subsection

(5), the certificate issued under section 16F in respect of that claim by the
Ordinary Assessment Board shall be cancelled.

(8) Subsections (2), (3), (4), (5), (6) and (7) shall not apply where an
assessment is reviewed under section 16GA (2). (Added 31 of 1985 s. 6) (Added
76 of 1982 s. 14)