Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 36M

Prostheses and Surgical Appliances Board

(Past version on 30/06/1997).

(1) The Director shall appoint a board to be known as the Prostheses and
Surgical Appliances Board which shall consist of-

   (a)  2 persons each of whom shall be a registered medical  practitioner, a
        registered Chinese medicine practitioner or a registered  dentist; and
        (Replaced 16 of 2006 s. 21)

   (b)  the Senior Occupational Health Officer or any Occupational Health
        Officer. (Amended L.N. 248 of 1982)

(2) The functions of the Board shall be-

   (a)  to determine whether a prosthesis or surgical appliance required by an
        injured employee is necessary for him having regard to the nature and
        extent of his injury and, if so, to determine the cost of supplying
        and fitting the same;

   (b)  in any case where a prosthesis or surgical appliance has already been
        fitted to an injured employee, to determine whether the prosthesis or
        surgical appliance is necessary for him having regard to the nature
        and extent of his injury and, if so, to determine whether the cost of
        the same is reasonable; and

   (c)  in any case to which section 36I applies, to assess the total amount
        of the probable cost of the normal repair and renewal of any
        prosthesis or surgical appliance during a period of 10 years after the
        date of the original fitting of the same.

(2A) Where a prosthesis or surgical appliance has already been supplied and
fitted outside Hong Kong to an injured employee, the Board, in the exercise of
its functions pursuant to subsection (2), may regard the injured employee as
not having been fitted with that prosthesis or surgical appliance but,
instead, as having been supplied and fitted with a prosthesis or
surgical appliance manufactured or on sale in Hong Kong. (Added 1 of 1995 s.
14)

(3) The Board shall, when assessing the total amount of the probable cost of
the normal repair and renewal of a prosthesis or surgical  appliance under
subsection (2)(c), have regard to-

   (a)  the durability of the prosthesis or surgical appliance originally
        fitted;

   (b)  the probable number of replacements of such prosthesis or
        surgical appliance required during a period of 10 years after the date
        of the original fitting; and

   (c)  the cost of the prosthesis or surgical appliance at the time of the
        assessment.

(4) If the Board is satisfied-

   (a)  in any case to which subsection (2)(a) applies, that the prosthesis or
        surgical appliance is necessary; or

   (b)  in any case to which subsection (2)(b) applies, that the prosthesis or
        surgical appliance is necessary and that the cost of supplying and
        fitting the same is reasonable, it shall issue a certificate to the
        Director, stating in respect of such prosthesis or surgical appliance-

        (i)    that it is necessary;

        (ii)   the cost of the supplying and fitting;

        (iii)  that such cost has been determined by the Board under
               subsection (2)(a) or has been determined by the Board to be
               reasonable under subsection (2)(b), as the case may be; and

        (iv)   where applicable, the Board's assessment of the total amount of
               the probable cost under subsection (2)(c).

(5) A certificate purporting to be issued under subsection (4) and to be
signed by or for the Board shall be admitted in evidence without further proof
on its production in the Court and-

   (a)  until the contrary is proved, it shall be presumed that the
        certificate is so issued and signed;

   (b)  shall be evidence of the matters stated therein. (Added 44 of 1980 s.
        12)