Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 16I

Attendance of employee for purposes of assessment, etc.

(1) The Commissioner, an Ordinary Assessment Board or a Special 
Assessment Board may by notice in writing to an injured employee require the
employee to attend for the purposes of an examination or assessment on such
date and at such time and place as is specified in the notice.

(2) An employee who receives a notice under subsection (1) shall as soon as
possible notify his employer (if any) of the date, time and place for such
attendance.

(3) For the purposes of an attendance referred to in subsection (1) an
employer shall, if the employee is not already-

   (a)  on leave of absence from work; and

   (b)  receiving periodical payments under section 10, grant to the employee
        leave of absence from work and, subject to subsection (4), shall pay
        to the employee, within 7 days after the day on which wages are
        normally paid to the employee next following such absence from work,
        the wages or salary in respect of such absence from work or the wages
        or salary he would have earned if he had worked during such period.

(4) No wages or salary shall be payable under subsection (3) by an employer
unless he was the employer of the employee at the time of the accident.

(5) A claim for wages or salary payable under subsection (3) may be brought-

   (a)  as an action for civil debt in any court or tribunal of competent
        jurisdiction; or

   (b)  as a claim for compensation in the Court, either independently of or
        in conjunction with any other claim for compensation brought in the
        Court.

(6) Any employer who without reasonable excuse contravenes subsection (3)
commits an offence and is liable to a fine at level 5. (Amended 63 of 1992 s.
9; 36 of 1996 s. 12) (Added 76 of 1982 s. 14)