Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 36B

Employer's liability to pay for the cost of supplying and fitting prosthesis or surgical appliance

(Past version on 30/06/1997).

(1) Subject to the provisions of this section, if, in any employment, personal
injury is caused to an employee by accident arising out of and in the course
of the employment, the employer shall, notwithstanding any other compensation
he may be liable to pay under this Ordinance, be liable to pay for the cost of
supplying and fitting to the employee a prosthesis or surgical appliance
required by him as a result of his injury. (Amended 76 of 1982 s. 24)

(1A) Notwithstanding anything in section 5(2)(a), the employer shall be liable
under subsection (1) whether or not the injury has resulted or is likely to
result in any temporary incapacity or permanent incapacity causing a loss of
earning capacity. (Added 76 of 1982 s. 24. Amended 1 of 1995 s. 13; 67 of 1996
s. 6)

(2) The employer shall not be liable under subsection (1) unless-

   (a)  the employee submits himself to treatment by a registered 
        medical practitioner, a registered Chinese medicine practitioner or a
        registered dentist; (Amended 16 of 2006 s. 20)

   (b)  the prosthesis or surgical appliance is supplied and fitted to the
        employee; and

   (c)  the prosthesis or surgical appliance so supplied and fitted is-

        (i)    manufactured or on sale in Hong Kong; and

        (ii)   certified by the Board under section 36M(4). (Replaced 44 of
               1980 s. 8)

(2A) Where an employee who has sustained injury outside Hong Kong in an
accident arising out of and in the course of his employment submits himself to
medical treatment outside Hong Kong by or under the supervision of a person
who is allowed to practise medicine, surgery or dentistry in the place where
such medical treatment is given, the employer shall, notwithstanding
subsection (2)(a), if the Board so approves, be liable to pay for the cost of
supplying and fitting the prosthesis or surgical  appliance required by the
employee. (Added 1 of 1995 s. 13)

(3) If the prosthesis or surgical appliance required by the employee is not
manufactured or on sale in Hong Kong, and the Director gives his approval, the
employee may be supplied and fitted with a prosthesis or surgical appliance
which is manufactured or on sale at a place other than Hong Kong, in which
case, the employer shall, notwithstanding subsection (2)(c)(i), be liable to
pay for the cost of supplying and fitting the same to the employee. (Added 67
of 1971 s. 2. Amended 44 of 1980 ss.8 & 15)