Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 6D

Payment of compensation and objection to determination of Commissioner

(Past version on 01/08/2000).

(1) Where the Commissioner determines a claim under section  6B (1)(a)
(including any case where such a determination is varied under this section),
compensation, other than interim payments payable under a
Certificate of Interim Payment or Review Certificate of Interim Payment, shall
be payable by the employer not earlier than 42 days but not later than 49 days
after the date of issue of the Certificate of Compensation 
Assessment for Fatal Case or Review Certificate of Compensation Assessment 
for Fatal Case, as the case may be.

(2) If any person named in the Certificate of Compensation 
Assessment for Fatal Case has received any interim payment or payment under
section 13(3), the employer shall only be required to pay the balance of the
amount of compensation, if any, stated in the Certificate after deducting from
that amount the amount of any such payment paid to that person.

(3) An employer who fails without reasonable excuse to make payment in
accordance with a Certificate of Compensation Assessment for Fatal Case or
Review Certificate of Compensation Assessment for Fatal Case shall pay, in
addition to the amount of compensation payable-

   (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 6D(3)(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 6D(3)(a) specified in the first
               column of that Schedule of the amount of compensation then
               remaining unpaid, whichever is the greater; and

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

        (i)    the amount specified in the second column of the Sixth Schedule
               shown opposite section 6D(3)(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 6D(3)(b) specified in the first
               column of that Schedule of the amount then remaining unpaid of
               the aggregate of any amount of compensation referred to in
               paragraph (a) and the surcharge imposed under that paragraph,
               whichever is the greater.

(4) An objection to a determination under section 6B(1)(a) may be made in
writing-

   (a)  by the employer, any person who has made an application under
        section 6B(1) or the ECAFB;

   (b)  within 30 days after-

        (i)    in the case of the employer or any person who has made an
               application under section 6B(1), the date of issue of the
               Certificate of  Compensation Assessment for Fatal Case
               concerned;

        (ii)   in the case of the ECAFB, the date on which an application is
               made under section 16 of the
               Employees Compensation Assistance Ordinance ( Cap 365) by a
               member of the family of the deceased employee, or within such
               further time as the Commissioner, in the circumstances of any
               particular case, thinks fit; and

   (c)  stating the grounds of the objection. (Replaced 16 of 2002 s. 33)

(5) Without prejudice to the right of any other person to object to a
determination under section 6B(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.

(6) On receipt of an objection under subsection (4) or on a review under
subsection (5), the Commissioner shall-

   (a)  in the case of the objection, send a copy of the objection to any
        other person who has made an application under section 6B(1), to the
        employer if the employer is not the objector and to the ECAFB if the
        ECAFB, as the case requires, is not the objector; (Amended 16 of 2002
        s. 33)

   (b)  review the determination under section 6B(1)(a) concerned and confirm
        or vary the determination as he thinks fit;

   (c)  upon completing the review, issue to the employer, each of the members
        of the family and the ECAFB, as the case requires, a certificate in
        such form as he may specify stating- (Amended 16 of 2002 s. 33)

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

        (ii)   details of the determination as varied; or

        (iii)  that due to the reasons set out under section 6B(2), the
               Commissioner shall not continue to determine the claim;

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

(7) Upon the issue of a Review Certificate of Compensation 
Assessment for Fatal Case, the original Certificate of Compensation 
Assessment for Fatal Case to which it relates shall be cancelled.

(8) A certificate of Compensation Assessment for Fatal Case or
Review Certificate of Compensation Assessment for Fatal Case, other than a
Certificate cancelled under subsection (7), 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.

(9) A Certificate of Compensation Assessment for Fatal Case or
Review Certificate of Compensation Assessment for Fatal Case, other than a
Certificate cancelled under subsection (7) may, on application to the Court by
the employer, any person named in the Certificate, or the ECAFB, 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 (3). (Amended 16 of 2002 s. 33)

(10) An employer who fails without reasonable excuse to comply with subsection
(1) or (3) commits an offence and is liable to a fine at level 6.

(11) For the purposes of this section-

"date of issue" (發出日期) means the date appearing on the Certificate of 
Compensation Assessment for Fatal Case or Review Certificate of 
Compensation Assessment for Fatal Case;

"payment period" (付款期) means the appropriate period of payment referred
to in subsection (1). (Added 52 of 2000 s. 6)

"date of issue" (發出日期)

"payment period" (付款期)