Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 42

Insurer's liability

(1) Notwithstanding anything in a policy of insurance issued for 
the purposes of this Part, an insurer is liable, in a proceeding under
section 36LA or 44, for the amount of the liability of the employer not
exceeding the available amount covered by the policy of insurance. (Amended 47
of 1995 s. 7)

(1A) For the avoidance of doubt, it is declared that an insurer is liable, in
a proceeding under section 36LA or 44, for the amount of the liability of the
employer not exceeding the available amount covered by 
the policy of insurance issued for the purposes of this Part notwithstanding
the obligation imposed upon the employer by section 40 to insure for an amount
in excess of the amount insured. (Added 47 of 1995 s. 7)

(2) This section does not apply to a policy of insurance issued for 
the purposes of this Part that is issued before the commencement of this
section.

(3) Where under this Part an amount is paid by the insurer which would, but
for this section, not be payable under the policy of insurance, the employer
is liable to pay that amount to the insurer. (Replaced 66 of 1993 s. 12)