Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 6E

Determination by Commissioner of claims for funeral and medical attendance expenses

(Past version on 01/08/2000).

(1) Subject to subsection (17), where an application seeking a determination
under this section is made to the Commissioner by any person who has paid the
expenses of the funeral of the employee or the expenses of medical attendance
on the employee, and the employer has given his consent in writing signed by
him to the Commissioner that the Commissioner may make such determination,
then the Commissioner, after the period referred to in subsection (3)(b)-

   (a)  if there is a liability to pay any such expenses under section  6 (5),
        may determine, in respect of the persons making the application, the
        persons to whom reimbursement of such expenses under that section is
        payable and the amount of reimbursement payable to each such person;
        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 consent referred to in section 6B(1) given by an employer in respect of
an employee shall be deemed to be a consent referred to in subsection (1)
given by the employer in respect of the employee.

(3) An application under subsection (1) shall be-

   (a)  made in such form as the Commissioner may specify and signed by the
        person making it;

   (b)  made within 30 days from the date of cremation or date of burial of
        the employee, or the date on which the Commissioner receives the
        consent or deemed consent referred to in subsection (1) or (2), as the
        case may be, from the employer, whichever is the later;

   (c)  made separately by each of the persons who has paid the expenses or
        his authorized representative; and

   (d)  accompanied by supporting documents.

(4) A Certificate for Funeral and Medical Attendance Expenses 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 each person who has made an application under subsection

(1) whether or not reimbursement of the expenses is payable to him.

(5) In determining the amount of reimbursement payable under section 6(5), if
the aggregate claimed amount exceeds the amount specified in the second column
of the Sixth Schedule shown opposite section 6(5) specified in the first
column of that Schedule, the Commissioner shall apportion the amount payable
on a pro rata basis.

(6) Where a person who has paid any expenses of the funeral of the employee
and expenses of medical attendance on the employee dies prior to the
reimbursement of the expenses is paid to him, his legal personal
representative shall substitute for him in pursuing the claim.

(7) In stating the reimbursement payable to each person named in the
Certificate for Funeral and Medical Attendance Expenses or Review 
Certificate for Funeral and Medical Attendance Expenses, the Commissioner may
round down the amounts to the nearest dollar.

(8) Reimbursement of the expenses of the funeral of the employee and expenses
of medical attendance on the employee 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 for Funeral and Medical Attendance  Expenses or
Review Certificate for Funeral and Medical Attendance  Expenses, as the case
may be.

(9) An employer who fails without reasonable excuse to pay reimbursement in
accordance with a Certificate for Funeral and Medical  Attendance Expenses or
Review Certificate for Funeral and Medical  Attendance Expenses, shall pay, in
addition to the reimbursement 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 6E(9)(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 6E(9)(a) specified in the first
               column of that Schedule of the reimbursement 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 6E(9)(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 6E(9)(b) specified in the first
               column of that Schedule of the amount then remaining unpaid of
               the aggregate of any reimbursement referred to in paragraph (a)
               and the surcharge imposed under that paragraph, whichever is
               the greater.

(10) An objection to a determination under subsection (1) may be made in
writing-

   (a)  by the employer, any person who has made an application under that
        subsection or the ECAFB;

   (b)  within 30 days after-

        (i)    in the case of the employer or any person who has made an
               application under that subsection, the date of issue of the
               Certificate  for Funeral and Medical Attendance Expenses
               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
               person who is entitled to the reimbursement of the expenses of
               the funeral of the deceased employee or of the expenses of the
               medical attendance on 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)

(11) 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.

(12) On receipt of an objection under subsection (10) or on a review under
subsection (11), 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 subsection (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 subsection (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 person
        who has made an application under subsection (1) 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 the
               details thereof; or

        (ii)   details of the determination as varied.

(13) Upon the issue of a Review Certificate for Funeral and Medical 
Attendance Expenses, the Certificate for Funeral and Medical Attendance 
Expenses to which it relates shall be cancelled.

(14) A Certificate for Funeral and Medical Attendance Expenses or
Review Certificate for Funeral and Medical Attendance Expenses, other than a
Certificate cancelled under subsection (13), 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.

(15) A Certificate for Funeral and Medical Attendance Expenses or
Review Certificate for Funeral and Medical Attendance Expenses, other than a
Certificate cancelled under subsection (13) may, on application to the Court
by the employer, the persons named in the Certificate, or the ECAFB, be made
an order of the Court and the amount payable under the Certificate shall
include any surcharge payable under subsection (9). (Amended 16 of 2002 s. 33)

(16) An employer who fails without reasonable excuse to comply with subsection
(8) or (9) commits an offence and is liable to a fine at level 6.

(17) The Commissioner shall not determine or continue to determine under
subsection (1) a claim for funeral expenses or medical attendance expenses
where-

   (a)  the employer does not give his consent in writing signed by him to the
        Commissioner to make such determination;

   (b)  the employer gives his consent to the Commissioner to determine the
        claim but prior to the determination withdraws such consent by notice
        in writing signed by him to the Commissioner;

   (c)  any party to the claim, at any time prior to the issue of the
        Certificate for Funeral and Medical Attendance Expenses, declines
        determination by the Commissioner;

   (d)  a claim for funeral and medical attendance expenses has been filed
        with the Court; or

   (e)  in the Commissioner's opinion, the claim is not suitable for such
        determination.

(18) For the purposes of this section-

"date of issue" (發出日期) means the date of issue appearing on the
Certificate for Funeral and Medical Attendance Expenses or the Review 
Certificate for Funeral and Medical Attendance Expenses;

"expenses for medical attendance" (醫護費) means any expenses incurred by
any person other than the deceased employee for the convalescence given in a
hospital or medical treatment given to the employee arising from the accident
before his death;

"payment period" (付款期) means the appropriate period of payment referred
to in subsection (8). (Added 52 of 2000 s. 6)

"date of issue" (發出日期)

"expenses for medical attendance" (醫護費)

"payment period" (付款期)