Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 44B

Holding company responsible for liability of subsidiary in certain cases

(1) Where-

   (a)  in relation to an employee there is in force a policy of insurance
        taken out by a group of companies pursuant to section 40(1C);

   (b)  the employee's employer, being a subsidiary of a holding  company
        which is also insured under the policy, becomes liable to pay any
        amount of compensation or damages in respect of an injury to the
        employee by accident arising out of and in the course of his
        employment; and

   (c)  the employee is unable to recover payment of the amount or any part
        thereof from the employer or from the insurer, the holding company is
        liable to pay the amount or part thereof to the employee.

(2) An employee employed by a subsidiary which is insured under a policy of
insurance taken out by a group of companies pursuant to section  40 (1C) may
issue a written request to the subsidiary to supply to the employee the names
and addresses of all its holding companies which are also insured under the
policy.

(3) A subsidiary shall within 7 days after the date of issue of a written
request under subsection (2)-

   (a)  supply to the employee the names and addresses of all its holding
        companies which are also insured under the policy; and

   (b)  deliver a copy of the written request to the holding companies.

(4) A subsidiary which without reasonable excuse fails to comply with
subsection (3) commits an offence and is liable to a fine at level 3. (Added
47 of 1995 s. 10)