Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 6C

Determination by Commissioner of interim payments

(1) Where a claim for compensation is to be determined under section 6B(1)(a),
upon application by the spouse of the deceased employee, the Commissioner-

   (a)  may, irrespective of whether applications for compensation have been
        made by other members of the family and prior to the issue of the
        Certificate of Compensation Assessment for Fatal Case, on application
        by the spouse in a form as the Commissioner may specify and signed by
        the spouse, determine that interim payment of compensation be made by
        the employer to the spouse; and

   (b)  where he makes a determination under paragraph (a), shall issue a
        certificate-

        (i)    as to his determination; and

        (ii)   as soon as practicable after making the determination.

(2) A Certificate of Interim Payment shall-

   (a)  be in such form as may be specified by the Commissioner giving details
        of the determination; and

   (b)  be sent-

        (i)    to the employer;

        (ii)   to the spouse of the employee; and

        (iii)  to each of the persons who has made an application under
               section 6B(1).

(3) Interim payments-

   (a)  shall be payable to the spouse named in the Certificate of 
        Interim Payment or, where that Certificate is cancelled under
        subsection

(12), in the Review Certificate of Interim Payment concerned until the
aggregate amount referred to in paragraph (c) is fully paid;

   (b)  shall comprise-

        (i)    an initial payment calculated by multiplying the monthly
               payment referred to in subparagraph (ii) by the number of
               months elapsed between the date of death, or the date of
               accident if the date of death cannot be ascertained, and the
               date of issue of the Certificate of Interim  Payment or
               Review Certificate of Interim Payment, as the case may require;

        (ii)   subsequent monthly payments calculated at the rate of 50% of-
               (A) the monthly earnings of the deceased employee at the time
               of the accident as determined in accordance with section 11; or
               (B) the amount specified in the second column of the Sixth
               Schedule shown opposite section 6(1)(a) specified in the first
               column of the Schedule, whichever is the less;

   (c)  shall not in aggregate exceed 45% of the total amount of compensation
        payable under section 6(1) after deducting any compensation which has
        already been paid under sections 7, 9 and 13(3);

   (d)  shall-

        (i)    be deducted from the compensation payable under section 6A to
               the person to whom interim payments have been paid; and

        (ii)   where the spouse dies before the issue of the Certificate of 
               Compensation Assessment for Fatal Case, be deducted from the
               compensation payable to the members of the family under
               section 6(1), except that any surcharge payable under
               subsection (8) by the employer for late payment of
               interim payments shall not be deductible.

(4) Interim payments shall be payable by the employer-

   (a)  as to the initial payment, not later than 21 days after the
        date of issue of the Certificate of Interim Payment or
        Review Certificate  of Interim Payment, as the case may require;

   (b)  as to each monthly payment, not later than the date corresponding to
        the date on which the preceding initial payment or monthly payment is
        payable or if there is no such corresponding date in that month, the
        last day of that month.

(5) An employer is not required to make payments under a
Certificate of Interim Payment pending the completion of a review under
subsection (10) or (11).

(6) Where the Commissioner is satisfied on reasonable grounds that a
determination which gave rise to a Certificate of Interim Payment was based on
information false or misleading in a material particular, he may, by notice in
writing to the employer and spouse named in the Certificate 
of Interim Payment setting out those grounds, order that interim payments
under that Certificate shall cease on and from a date specified in the notice
for the purpose until such time, if any, that the notice is revoked.

(7) Interim payments shall cease to be payable-

   (a)  7 days before the date on which compensation under section 6(1) is due
        in accordance with a Certificate of Compensation Assessment for 
        Fatal Case;

   (b)  on the date specified in a notice under subsection (6) for the
        purpose;

   (c)  when the total amount of interim payments paid to the spouse reaches
        the aggregate amount that may be payable as stated in the
        Certificate of Interim Payment or
        Review Certificate of Interim Payment, as the case may require; or

   (d)  on the date the Commissioner notifies the employer and the spouse of
        his decision that the claim shall be determined by the Court under
        section 18A(1), whichever is the earlier.

(8) An employer who fails without reasonable excuse to make interim  payments
in accordance with a Certificate of Interim Payment or Review 
Certificate of Interim Payment, as the case may require, shall pay to the
spouse of the employee, in addition to the amount of interim payments-

   (a)  upon the expiry of the payment period, a surcharge of-

        (i)    the amount specified in the second column of the Sixth Schedule
               shown opposite section 6C(8)(a) specified in the first column
               of that Schedule; or

        (ii)   the percentage specified in the third column of the Sixth
               Schedule shown opposite section 6C(8)(a) specified in the first
               column of that Schedule of the amount of interim payment then
               remaining unpaid, whichever is the greater; and

   (b)  thereafter upon the expiry of 3 months after the expiry of the
        payment period, a surcharge of-

        (i)    the amount specified in the second column of the Sixth Schedule
               shown opposite section 6C(8)(b) specified in the first column
               of that Schedule; or

        (ii)   the percentage specified in the third column of the Sixth
               Schedule shown opposite section 6C(8)(b) specified in the first
               column of that Schedule of the amount of interim payment then
               remaining unpaid, whichever is the greater.

(9) A person may object to a determination under subsection (1)(a) by sending
an objection in writing signed by him to the Commissioner within 14 days from
the date of issue of the Certificate of Interim  Payment, or within such
further time as the Commissioner, in the circumstances of any particular case,
thinks fit, stating the grounds of the objection.

(10) Without prejudice to the right of any other person to object to a
determination under subsection (1)(a), the Commissioner may on his own
initiative review any such determination at any time if he considers that it-

   (a)  was made in ignorance of, or under a mistake as to the circumstances
        of the claim; or

   (b)  was based upon any false or misleading information or statement given
        or made to the Commissioner.

(11) On receipt of an objection under subsection (9) or on a review under
subsection (10), the Commissioner shall-

   (a)  in the case of an objection, send a copy of the objection to any other
        person who has made an application under section 6B(1) and to the
        employer if the employer is not the objector;

   (b)  review the determination under subsection (1)(a) concerned and confirm
        or vary the determination as he thinks fit (including ceasing
        interim payments);

   (c)  upon completing the review, issue to the employer and the spouse a
        certificate in such form as he may specify stating-

        (i)    that the original determination is confirmed and giving details
               thereof;

        (ii)   details of the determination as varied; and

   (d)  send a copy of the Certificate to each of the persons who has made an
        application under section 6B(1).

(12) Upon the issue of a Review Certificate of Interim Payment, the
Certificate of Interim Payment to which it relates shall be cancelled.

(13) A Certificate of Interim Payment or Review Certificate of 
Interim Payment, other than a Certificate cancelled under subsection (12),
purporting to be issued and signed by or for the Commissioner shall be
admitted in evidence without further proof on its production before any
Magistrate or in any court, and-

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

   (b)  shall be evidence of the matters stated therein.

(14) A Certificate of Interim Payment or Review Certificate of 
Interim Payment, other than a Certificate cancelled under subsection (12) may,
on application to the Court by the employer or the spouse of the employee, be
made an order of the Court and, for the purposes of this subsection, the
amount payable under any such Certificate shall include any surcharge payable
under subsection (8).

(15) An employer who fails without reasonable excuse to comply with subsection
(4) or (8) commits an offence and is liable to a fine at level 6.

(16) This section shall not apply in the case of a member of the  family where
the employee was in the service of the Government unless and until the member
gives up his rights under the Pensions Ordinance ( Cap  89), the
Pension Benefits Ordinance ( Cap 99), the Pension Benefits 
(Judicial Officers) Ordinance ( Cap 401) and the Auxiliary Forces Pay and 
Allowances Ordinance ( Cap 254) to receive pension or gratuities arising from
the death of the employee in consequence of injury received in the discharge
of his duties.

(17) For the purposes of this section-

"date of issue" (發出日期) means the date appearing on the Certificate of 
Interim Payment or Review Certificate of Interim Payment;

"payment period" (付款期) means the appropriate period of payment referred
to in subsection (4);

"spouse" (配偶) does not include a cohabitee. (Added 52 of 2000 s. 6)

"date of issue" (發出日期)

"payment period" (付款期)

"spouse" (配偶)