Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 6

Compensation in fatal cases

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

(1) Where death results from the injury, if the employee leaves any dependants
wholly dependent on his earnings, the amount of compensation shall be-

   (a)  in the case of an employee under 40 years of age at the time of the
        accident, a lump sum equal to 84 months' earnings or 84 times the
        amount specified in the second column of the Sixth Schedule shown
        opposite section 6(1)(a) specified in the first column of that
        Schedule, whichever is the less;

   (b)  in the case of an employee of or over 40 years of age but under 56
        years of age at the time of the accident, a lump sum equal to 60
        months' earnings or 60 times the amount specified in the second column
        of the Sixth Schedule shown opposite section 6(1)(b) specified in the
        first column of that Schedule, whichever is the less;

   (c)  in the case of an employee of or over 56 years of age at the time of
        the accident, a lump sum equal to 36 months' earnings or 36 times the
        amount specified in the second column of the Sixth Schedule shown
        opposite section 6(1)(c) specified in the first column of that
        Schedule, whichever is the less. (Amended L.N. 79 of 1983; L.N. 321 of
        1985; L.N. 390 of 1987; L.N. 386 of 1989; L.N. 435 of 1991; 66 of 1993
        s. 2; L.N. 566 of 1995; 36 of 1996 s. 4)

(2) The amount of compensation payable under subsection (1) shall in no case
be less than the amount specified in the second column of the Sixth Schedule
shown opposite section 6(2) specified in the first column of that Schedule.
(Amended L.N. 79 of 1983; L.N. 321 of 1985; L.N. 390 of 1987; L.N. 386 of
1989; L.N. 435 of 1991; L.N. 463 of 1993; L.N. 566 of 1995; 36 of 1996 s. 4)

(3) Notwithstanding anything in subsection (1) or (2), where in respect of the
same accident compensation has been paid under section 7 or 9, there shall be
deducted from the sum payable under subsection (1) any sums so paid as
compensation.

(4) Where death results from the injury, if the employee does not leave any
dependants wholly dependent on his earnings, but leaves any dependants in part
so dependent, the amount of compensation shall be such sum, not exceeding in
any case the amount payable under subsections (1),

(2) and (3), as may be determined by the Court to be reasonable and
proportionate to the injury to the said dependants.

(5) Where death results from the injury, if the employee leaves no dependants,
the reasonable expenses of the burial of the deceased employee and the
reasonable expenses of medical attendance on the deceased employee, not
exceeding in all the sum of the amount specified in the second column of the
Sixth Schedule shown opposite section 6(5) specified in the first column of
that Schedule, shall be paid by the employer to any person to whom such
expenses are due, within 21 days after receipt by the employer of a request in
writing by such person. (Amended 76 of 1982 s. 5; L.N. 386 of 1989; L.N. 435
of 1991; L.N. 463 of 1993; L.N. 566 of 1995; 36 of 1996 s. 4)

(6) Expenses due to any person under subsection (5) shall be recoverable as a
civil debt in any court or tribunal of competent jurisdiction. (Added 76 of
1982 s. 5) (Replaced 44 of 1980 s. 4)