Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 18A

Determination of claims by the Court

(Past version on 30/06/1997).

(1) Except where otherwise provided under this Ordinance, all claims for
compensation, except to the extent that such claims are determined-

   (a)  by agreement under section 8; or (Replaced 1 of 1995 s. 10)

   (aa) (Repealed 1 of 1995 s. 10)

   (ab) by a Certificate of Compensation Assessment for Fatal Case or
        Review Certificate of Compensation Assessment for Fatal Case; or
        (Added 52 of 2000 s. 12)

   (ac) by a Certificate for Funeral and Medical Attendance Expenses or
        Review Certificate for Funeral and Medical Attendance Expenses; or
        (Added 52 of 2000 s. 12)

   (b)  by certificate under section 16A; or (Replaced 1 of 1995 s. 10)

   (c)  by agreement under section 16CA; or (Added 1 of 1995 s. 10)

   (d)  (Repealed 36 of 1996 s. 16) and any matter arising out of proceedings
        in respect of such claims shall be determined by the District Court,
        whatever may be the amount involved, and the Court may, for that
        purpose, call upon any person to give evidence, if the Court is of the
        opinion that such person is, by virtue of his expert knowledge, able
        to assist the Court.

(2) An employee may, in the prescribed form and manner, make an application
for enforcing his claim for compensation to the Court: Provided that no
application shall be made-

   (a)  in the case of a claim in respect of an injury to which section  16A
        applies, until after the expiry of the payment period within the
        meaning of subsection (11) of that section; and (Amended 31 of 1985 s.
        11)

   (b)  (Repealed 36 of 1996 s. 16)

(3) The Court shall, as soon as practicable after it receives a claim for
compensation where death results from the injury concerned, cause to be sent
to the Commissioner a notice advising the Commissioner of the receipt of that
claim. (Added 52 of 2000 s. 12) (Added 76 of 1982 s. 16)