Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 8

Employee requiring attention

(1) Where permanent incapacity which results from the injury is of such a
nature that the employee is unable to perform the essential actions of life,
without the attention of another person the compensation payable under this
section for and in relation to such attention shall, in addition to any
compensation payable under other provisions of this Ordinance, be- (Amended 1
of 1995 s. 4)

   (a)  such amount not exceeding the amount specified in the second column of
        the Sixth Schedule shown opposite section 8(1)(a) specified in the
        first column of that Schedule as the Court considers necessary to meet
        the cost of such attention; or (Added 1 of 1995 s. 4)

   (b)  an amount of the amount specified in the second column of the Sixth
        Schedule shown opposite section 8(1)(b) specified in the first column
        of that Schedule payable pursuant to an agreement entered into by the
        employer with the injured employee and approved by the Commissioner
        under this section. (Added 1 of 1995 s. 4; L.N. 566 of 1995; 36 of
        1996 s. 6)

(2) Compensation under subsection (1)(a) shall be- (Amended 1 of 1995 s. 4)

   (a)  a lump sum payment calculated with regard to the probable duration and
        cost of the attention; or

   (b)  (i) periodical payments, payable at such intervals as the Court may
        order, to cover periods not exceeding a total of 2 years after the
        date on which the employee becomes entitled to receive compensation
        under section 7; and

        (ii)   if on the expiry of the period of 2 years prescribed in
               sub-paragraph (i) the Court considers that the employee is
               still in need of attention, such lump sum payment, as the Court
               may order, calculated with regard to the probable duration and
               cost of the attention. (Amended 1 of 1995 s. 4)

(3) No compensation under this section shall be payable in respect of any
period during which the employee is receiving free medical  treatment as an
in-patient in a hospital or otherwise.

(4) Every agreement under this section shall, as soon as possible after the
execution thereof, be submitted in triplicate by the employer to the
Commissioner. (Replaced 1 of 1995 s. 4)

(5) Where an agreement under this section is submitted to the Commissioner, he
may-

   (a)  subject to subsection (6), approve the agreement and signify his
        approval in writing; or

   (b)  refuse to approve the agreement. (Added 1 of 1995 s. 4)

(6) Where the Commissioner has reason to believe that the interests of the
employee require that the agreement be read over and explained to the
employee, the Commissioner shall not signify his approval of the agreement
under subsection (5)(a) until he has so read and explained it to the employee.
(Added 1 of 1995 s. 4)

(7) No agreement made under this section shall be binding on any party thereto
until the Commissioner has signified his approval thereof in writing under
subsection (5)(a). (Added 1 of 1995 s. 4)

(8) Where the Commissioner refuses to approve an agreement under subsection
(5)(b), he shall notify the employer in writing of his refusal giving his
reasons therefor, and at the same time may return the agreement to the
employer for amendment in such manner as he may specify. (Added 1 of 1995 s.
4)

(9) The Commissioner shall, as soon as possible after signifying his approval
to an agreement under subsection (5)(a), forward one copy thereof each to the
employer and the employee and retain one copy for his records. (Added 1 of
1995 s. 4)

(10) Any agreement made under this section which has been approved by the
Commissioner may, on application to the Court by any party thereto or by the
Commissioner, be made an order of the Court. (Added 1 of 1995 s. 4) (Added 55
of 1969 s. 8. Amended 44 of 1980 s. 15)