Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 7

Compensation in case of permanent total incapacity

(1) Where permanent total incapacity results from the injury, 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 96 months' earnings or 96 times the
        amount specified in the second column of the Sixth Schedule shown
        opposite section 7(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 72
        months' earnings or 72 times the amount specified in the second column
        of the Sixth Schedule shown opposite section 7(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 48 months' earnings or 48 times the
        amount specified in the second column of the Sixth Schedule shown
        opposite section 7(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. 3; L.N. 566 of 1995; 36 of 1996 s. 5)

(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 7(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. 5)

(3) For the purposes of this section, permanent total incapacity shall be
deemed to result from an injury where the percentage or aggregate percentage
of the loss of earning capacity amounts-

   (a)  in the case of an incapacity of a permanent nature which results from
        an injury specified in the First Schedule, to 100 per cent or more as
        specified in that Schedule; or

   (b)  in the case of an incapacity of a permanent nature which results from
        an injury not specified in the First Schedule, to 100 per cent or more
        as assessed by an Ordinary Assessment Board, a Special 
        Assessment Board or the Court, and a reference in this subsection to
        an injury shall include a reference to a combination of injuries
        whether they are mentioned in paragraph (a) or (b) or in both those
        paragraphs. (Added 49 of 1985 s. 3) (Replaced 44 of 1980 s. 4)