Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 5

Employer's liability for compensation for death or incapacity resulting from accident

Caution: This is a past version. See the current version here.

PART II

COMPENSATION FOR INJURY (Added 19 of 1964 s. 4)

(1) Subject to subsections (2) and (3), if in any employment, personal injury
by accident arising out of and in the course of the employment is caused to an
employee, his employer shall be liable to pay compensation in accordance with
this Ordinance.

(2) No compensation shall be payable under this Ordinance in respect of-

   (a)  any injury, other than an injury which results in partial  incapacity
        of a permanent nature, which does not incapacitate the employee from
        earning full wages at work at which he was employed; (Amended 67 of
        1996 s. 2)

   (b)  any incapacity or death resulting from a deliberate self-injury;

   (c)  any incapacity or death resulting from personal injury if the employee
        has at any time represented to the employer that he was not suffering
        or had not previously suffered from that or a similar injury, knowing
        that the representation was false; or

   (d)  any injury, not resulting in death or serious and permanent
        incapacity, caused by an accident which is directly attributable to
        the employee's addiction to drugs or his having been at the time of
        the accident under the influence of alcohol.

(3) In any proceedings under this Ordinance where it is proved that the injury
to an employee is attributable to the serious and wilful misconduct of that
employee, or that an injury by accident arising out of and in the course of
his employment is deliberately aggravated by the employee, any compensation
claimed in respect of that injury shall be disallowed; except that where the
injury results in death or serious incapacity, the Court on consideration of
all the circumstances may award the compensation provided by this Ordinance or
such part thereof as it shall think fit.

(4) For the purposes of this Ordinance-

   (a)  an accident arising in the course of an employee's employment shall be
        deemed, in the absence of evidence to the contrary, also to have
        arisen out of that employment;

   (b)  an accident to an employee shall be deemed to arise out of and in the
        course of his employment, notwithstanding that the employee was at the
        time when the accident happened acting in contravention of any
        statutory or other regulation applicable to his employment, or of any
        orders given by or on behalf of his employer, or that he was acting
        without instructions from his employer, if such act was done by the
        employee for the purposes of and in connection with his employer's
        trade or business;

   (c)  an accident to an employee shall be deemed to arise out of and in the
        course of his employment if it happens-

        (i)    while, with the consent of his employer, the employee is being
               trained in first aid, ambulance or rescue work or engaged in
               any competition or exercise in connection therewith;

        (ii)   in, at or about any premises other than his employer's while,
               with the consent of his employer, the employee is engaged in
               any first aid, ambulance or rescue work or in any competition
               or exercise in connection therewith; or

        (iii)  in, at or about his employer's premises while the employee is
               engaged in any first aid, ambulance or rescue work,
               notwithstanding that in the case of rescue work the employee
               was acting in contravention of any statutory or other
               regulation applicable to his employment, or of any orders given
               by or on behalf of his employer, or that he was acting without
               instructions from his employer, if when such act was done the
               employee reasonably acted in order to rescue, succour or
               protect any other person who had suffered, or who was
               reasonably believed to be in danger of, injury, or to avert or
               minimize serious damage to property of the employer;

   (d)  an accident to an employee shall be deemed to arise out of and in the
        course of his employment if it happens to the employee while he is,
        with the express or implied permission of his employer, travelling as
        a passenger by any means of transport to or from his place of work and
        at the time of the accident, the means of transport is being operated-

        (i)    by or on behalf of his employer or by some other person
               pursuant to arrangements made with his employer; and

        (ii)   other than as part of a public transport service;

   (e)  an accident to an employee shall be deemed to arise out of and in the
        course of his employment if it happens to the employee while he is
        driving or operating any means of transport arranged or provided by or
        on behalf of his employer or by some other person pursuant to
        arrangements made with his employer between his place of residence and
        his place of work, travelling by a direct route-

        (i)    to his place of work for the purposes of and in connection with
               his employment; or

        (ii)   to his place of residence after attending to those purposes;

   (f)  an accident to an employee shall be deemed to arise out of and in the
        course of his employment if it happens to the employee when, within
        the duration of a gale warning, or of a rainstorm warning, both as
        defined in section 2 of the
        Judicial Proceedings (Adjournment During Gale  Warnings) Ordinance (
        Cap. 62), he is travelling between his place of residence and his
        place of work-

        (i)    to his place of work, by a direct route within a period of 4
               hours before the time of commencement of his working hours for
               that day or to his place of residence, within a period of 4
               hours after the time of cessation of his working hours for that
               day, as the case may be; or

        (ii)   in such other circumstances as the Court thinks reasonable;

   (g)  an accident to an employee shall be deemed to arise out of and in the
        course of his employment if it happens to the employee while he is,
        with the express or implied permission of his employer, travelling by
        any means of transport for the purposes of and in connection with his
        employment between Hong Kong and any place outside Hong Kong or
        between any place outside Hong Kong and any other such place.
        (Replaced 1 of 1995 s. 3)