Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 16GA

Review of assessments other than under section 16G

(1) Without prejudice to section 16G, an Ordinary Assessment Board or a
Special Assessment Board may, on its own initiative, review its assessment
under section 16D(5) or section 16E(8) or (9), as the case may be, within 3
months after the date of issue of a certificate under section  16F , or within
such further time as the Ordinary Assessment Board or the
Special Assessment Board, in the circumstances of any particular case, thinks
fit, if the assessment-

   (a)  was made in ignorance of, or under a mistake as to, the true nature or
        the extent of the injury; or (Amended 60 of 1986 s. 3)

   (b)  was based upon any false or misleading information or statement given
        or made, and may confirm or vary the assessment.

(2) An Ordinary Assessment Board or a Special Assessment Board may review its
assessment under subsection (1) and at the same time take into account any
objection under section 16G(1).

(3) Before proceeding with a review under subsection (1), the
Ordinary Assessment Board or the Special Assessment Board, as the case may be,
shall notify the employer, the employee and the Commissioner in writing of the
review and the ground of the review specified in subsection

(1), and (where applicable) that an objection under section 16G(1) is being
taken into account.

(4) Upon completing a review under subsection (1) or (2), the
Ordinary Assessment Board or the Special Assessment Board, as the case may be,
shall issue to the employer, the employee 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.

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

(6) Notwithstanding anything in subsection (1), (2), (4) or (5), where upon a
review of an assessment by an Ordinary Assessment Board under subsection (1)
or (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.

(7) The provisions of sections 16E and 16F and of this section shall apply to
a claim referred to a Special Assessment Board under subsection (6) of this
section as if it were a claim referred to a Special  Assessment Board under
section 16D(6).

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

(6) of this section, the certificate issued under section 16F in respect of
the claim by the Ordinary Assessment Board shall be cancelled. (Added 31 of
1985 s. 7)