Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 9

Compensation in case of permanent partial incapacity

(1) Subject to subsection (1A), where permanent partial incapacity results
from the injury the amount of compensation shall be- (Amended 76 of 1982 s. 6)

   (a)  in the case of an injury specified in the First Schedule, such
        percentage of the compensation which would have been payable in the
        case of permanent total incapacity as is specified therein as being
        the percentage of the loss of earning capacity caused by that injury;

   (aa) in the case of a combination of injuries specified in the First
        Schedule, the aggregate of the compensation which would have been
        payable in respect of the injuries; and (Added 4 of 1973 s. 2)

   (b)  in the case of an injury not specified in the First Schedule, such
        percentage of the compensation which would have been payable in the
        case of permanent total incapacity as is proportionate to the loss of
        earning capacity permanently caused by the injury in any employment
        which the employee was capable of undertaking at that time: (Amended
        19 of 1964 s. 7; 55 of 1969 s. 9; 44 of 1980 s. 15) Provided that-

        (i)    in the case of injury to any part of the body specified in the
               First Schedule not amounting to the loss of that part, the loss
               of earning capacity permanently caused by that injury,
               expressed as a percentage, shall not exceed the appropriate
               percentage specified in the First Schedule in respect of the
               loss of such part; (Added 4 of 1978 s. 3)

        (ii)   in the case of injury not specified in the First Schedule, the
               loss of earning capacity permanently caused by such injury
               shall be assessed as a percentage having regard so far as
               possible to the scale of percentages specified in that Schedule
               and to the Note thereto. (Replaced 49 of 1985 s. 4)

(1A) Where-

   (a)  permanent partial incapacity results from an injury or a combination
        of injuries (whether or not specified in the First Schedule); and

   (b)  the percentage of the loss of earning capacity specified or assessed
        in relation to that injury or combination of injuries in accordance
        with subsection (1) would be substantially less than the percentage of
        the loss of earning capacity permanently caused by the injury or
        injuries in the special circumstances of the employee, including,
        without limiting the generality of the foregoing-

        (i)    the nature of the injury or injuries in relation to the nature
               of his former usual employment; and

        (ii)   his qualifications, previous training and experience, the
               amount of compensation shall be such percentage of the
               compensation which would have been payable in the case of
               permanent total incapacity as is proportionate to the loss of
               earning capacity permanently caused by the injury or injuries
               in any employment which, having regard to those special
               circumstances, the employee was capable of undertaking at that
               time. (Added 76 of 1982 s. 6)

(2) Where more injuries than one are caused by the same accident, the amount
of compensation payable under the provisions of this section shall be
aggregated, but not so in any case as to exceed the amount which would have
been payable if permanent total incapacity had resulted from the injuries.

(3) For the purposes of this section, permanent partial 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 less than 100 per cent
        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 less than 100 per
        cent 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. 4)

(4) In assessing the loss of earning capacity for the purposes of subsection
(3)(b), an Ordinary Assessment Board, a Special Assessment  Board or the
Court, as the case may be, may but shall not be obliged to give weight to any
actual earnings of the employee earned after the accident causing the injury.
(Added 49 of 1985 s. 4)