Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 31

Contracting out

(1) Any contract or agreement whether made before or after the commencement of
this Ordinance, whereby an employee relinquishes any right to compensation
from an employer for personal injury by accident arising out of and in the
course of his employment, shall, subject to subsection

(2), be null and void in so far as it purports to remove or reduce the
liability of any person to pay compensation under the provisions of this
Ordinance.

(2) The Commissioner may, if satisfied that, by reason of old age or serious
physical defect or infirmity, a person, if employed as an employee, is
specially liable to meet with an accident, or, if he meets with an accident is
specially liable to sustain injury, in connection with any contract of such
employment, authorize the person and the employer to enter into an agreement
in writing reducing or giving up the right of such person to compensation
under the provisions of this Ordinance in respect of any accident which is
caused or contributed to by the old age or serious physical defect or
infirmity.

(3) An agreement entered into under subsection (2) shall be ineffective unless
the Commissioner certifies that in his opinion such agreement is fair and
reasonable. (Amended 55 of 1969 s. 22; 44 of 1980 s. 15)