Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 27

Limitation of right of indemnity against third party under section 25

(Past version on 30/06/1997).

Where an employee or his legal personal representative or member of his family
has recovered compensation under this Ordinance or any sum by virtue of an
agreement referred to in section 25(1)(b) in respect of an injury caused under
circumstances which would give a right to recover reduced damages in respect
thereof by virtue of section 21 of the Law 
Amendment and Reform (Consolidation) Ordinance ( Cap 23), from some person
other than the employer (hereinafter referred to as the third party), any
right conferred by section 25 of this Ordinance on the person by whom the
compensation or sum was paid, or on any person called on to pay an indemnity
under section 24 of this Ordinance, to be indemnified by the third party shall
be limited to a right to be indemnified in respect of such part only of the
compensation, sum or indemnity paid or payable as bears to the total
compensation, sum or indemnity so paid or payable the same proportion as the
said reduced damages bear to the total damages which would have been
recoverable if the employee had not been at fault. (Replaced 76 of 1982 s. 21.
Amended 52 of 2000 s. 16) [cf. 1945 c. 28 s. 2(2) U.K.]