EMPLOYEES' COMPENSATION ORDINANCE - CHAPTER 282 EMPLOYEES' COMPENSATION ORDINANCE - LONG TITLE Long title VerDate:30/06/1997 To provide for the payment of compensation to employees who are injured in the course of their employment. (Amended 44 of 1980 s. 2) [1 December 1953] G.N.A. 160 of 1953 (Originally 28 of 1953) EMPLOYEES' COMPENSATION ORDINANCE - SECT 1 Short title VerDate:30/06/1997 PART I PRELIMINARY (Added 19 of 1964 s. 2) This Ordinance may be cited as the Employees' Compensation Ordinance. (Amended 44 of 1980 s. 15) EMPLOYEES' COMPENSATION ORDINANCE - SECT 2 Meaning of "employee" VerDate:01/08/2000 Adaptation amendments retroactively made - see 56 of 2000 s. 3 (1) In this Ordinance, unless the context otherwise requires, the expression "employee" (僱員) , subject to section 4 and the proviso to this subsection, means any person who has, either before or after the commencement of this Ordinance, entered into or works under a contract of service or apprenticeship with an employer in any employment, whether by way of manual labour, clerical work, or otherwise, and whether the contract is expressed or implied, is oral or in writing: (Amended 11 of 1958 s. 2) Provided that the following persons are excepted from the definition of "employee" (僱員) - (a) (Repealed 44 of 1980 s. 3) (b) any person whose employment is of a casual nature, and who is employed otherwise than for the purposes of the employer's trade or business, not being a person employed for the purposes of any game or recreation and engaged or paid through a club and not being a part-time domestic helper; or (Amended 63 of 1992 s. 2) (c) an outworker; or (d) a member of the employer's family employed by such employer and who resides with the employer. (Amended 55 of 1969 s. 2) (2) If, in any proceedings for the recovery of compensation under this Ordinance, it appears to the Court that the contract of service or apprenticeship under which the injured person was working, at the time when the accident causing the injury happened, was illegal, the Court may, if having regard to all the circumstances of the case it thinks proper so to do, deal with the matter as if the injured person had at the time aforesaid been a person working under a valid contract of service or apprenticeship. (3) In this Ordinance, unless the context otherwise requires, any reference to an employee who has been injured shall, where the employee is dead, include a reference to his legal personal representative, or to the members of his family or any of them or the Official Administrator or such other officer as the Chief Executive may appoint to act on behalf of the members of the family of the employee. (Amended 36 of 1996 s. 2; 52 of 2000 s. 2; 56 of 2000 s. 3) (4) Where, in any employment, personal injury by accident arising out of and in the course of the employment is caused to any person, and at the time of the accident- (a) that person would, but for paragraph (d) of the proviso to subsection (1), have been an employee within the meaning of that subsection; and (b) there is in force in relation to that person a policy of insurance which indemnifies the employer against liability in respect of such injury whether or not the indemnity is for an amount which is less than the full amount of the liability in respect of which the employer would, under section 40(1), be required to be insured if such person were an employee within the meaning of subsection (1), this Ordinance shall, notwithstanding paragraph (d) of the proviso to subsection (1), apply in relation to that person for all purposes as if he were an employee within the meaning of the subsection. (Added 76 of 1982 s. 2) (Amended 44 of 1980 s. 15) "employee" (僱員) EMPLOYEES' COMPENSATION ORDINANCE - SECT 3 Interpretation VerDate:30/11/2006 (1) In this Ordinance, unless the context otherwise requires- (Amended 52 of 2000 s. 3) "accident insurance business" (意外保險業務) means the business of effecting contracts of insurance against the liability of an employer for personal injury by accident to any employee in his employment arising out of and in the course of such employment; (Added 55 of 1969 s. 3) "Certificate for Funeral and Medical Attendance Expenses" (殯殮費和醫護費證明書) means a certificate issued under section 6E(1)(b); (Added 52 of 2000 s. 3) "Certificate of Compensation Assessment for Fatal Case" (致命個案補償評估證明書) means a certificate issued under section 6B(1)(b); (Added 52 of 2000 s. 3) "Certificate of Interim Payment" (臨時付款證明書) means a certificate issued under section 6C(1)(b); (Added 52 of 2000 s. 3) "cohabitee" (同居者), in relation to an employee, means any person who at the time of the accident concerned was living with the employee as the employee's wife or husband; (Added 52 of 2000 s. 3) "Commissioner" (處長) means the Commissioner for Labour; (Replaced 13 of 1966 Schedule. Amended 55 of 1969 s. 3; L.N. 142 of 1974) "compensation" (補償) means any of the following- (a) compensation payable under section 6, 7, 8, 9 or 10, including the expenses of the funeral and medical attendance payable under section 6(5); (Amended 52 of 2000 s. 3) (b) medical expenses payable under section 10A; (c) wages or salary payable under section 16I(3) or 36MA; (Amended 36 of 1996 s. 3) (d) the cost of the supplying and fitting of a prosthesis or surgical appliance payable under section 36B, and the probable cost of repair and renewal thereof payable under section 36I; (da) interim payment; (Added 52 of 2000 s. 3) (e) any surcharge or interest payable under this Ordinance on the compensation referred to in paragraph (a), (b), (c), (d) or (da); (Replaced 76 of 1982 s. 3. Amended 52 of 2000 s. 3) "contract of apprenticeship" (學徒訓練合約) includes a contract of improvership or learnership; (Added 55 of 1969 s. 3) "Court" (法院) means- (a) in relation to any proceedings for the recovery of compensation in or required to be in the District Court, the District Court; or (b) in relation to any proceedings for the recovery of compensation in any other court or tribunal, or to be determined by the Commissioner, that court or tribunal, or the Commissioner, as the case may be; (Replaced 76 of 1982 s. 3) "damages" (損害賠償) means any damages recoverable by an employee independently of this Ordinance in the case of personal injury to the employee by accident arising out of and in the course of his employment, and any interest payable on such damages; (Added 55 of 1969 s. 3. Amended 54 of 1991 s. 47) "earnings" (收入) means any wages paid in cash to the employee by the employer and any privilege or benefit which is capable of being estimated in money and includes the value of any food, fuel, or quarters supplied to the employee by the employer if as a result of the accident the employee is deprived of such food, fuel or quarters; and any overtime payments or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed and including tips if the employment be of such a nature that the habitual giving and receiving thereof is open and notorious and is recognized by the employer: but shall not include remuneration for intermittent overtime, or casual payments of a non-recurrent nature, or the value of a travelling allowance, or the value of any travelling concession or a contribution paid by the employer of an employee towards any pension or provident fund, or a sum paid to an employee to cover any special expenses entailed on him by the nature of his employment; "ECAFB" (管理局) means the Employees Compensation Assistance Fund Board constituted by section 3(1) of the Employees Compensation Assistance Ordinance (Cap 365); (Added 16 of 2002 s. 33) "employer" (僱主) includes the Government and any body of persons corporate or unincorporate and the legal personal representative of a deceased employer, and, where the services of an employee are temporarily lent or let on hire to another person by the person with whom the employee has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Ordinance, be deemed to continue to be the employer of the employee whilst he is working for that other person; and in relation to a person engaged, employed or paid through a club or hostel, the manager or members of the managing committee of the club or hostel shall, for the purposes of this Ordinance, be deemed to be the employer; (Amended 76 of 1982 s. 37; 68 of 1995 s. 2; 56 of 2000 s. 3) "hospital" (醫院) means any hospital registered under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance (Cap 165) or maintained by the Crown or which is a public hospital within the meaning of the Hospital Authority Ordinance (Cap 113); (Added 74 of 1977 s. 2. Amended 82 of 1991 s. 2) "insurance company" (保險公司) and "insurer" (保險人) mean a person carrying on accident insurance business in Hong Kong and include- (a) a company authorized under section 8 of the Insurance Companies Ordinance (Cap 41) to carry on class 13 of the classes of insurance business specified in Part 3 of the First Schedule to that Ordinance; (b) an association of underwriters approved by the Governor in Council before 1 July 1994 or by the Insurance Authority on or after 1 July 1994 under section 6 of that Ordinance; (Amended 47 of 1995 s. 2) (c) the society of underwriters known in the United Kingdom as Lloyd's; (Replaced 33 of 1990 s. 31) "interim payment" (臨時付款) means an interim payment of compensation the subject of a determination under section 6C(1)(a); (Added 52 of 2000 s. 3) "medical expenses" (醫療費)- (a) in relation to medical treatment given in Hong Kong, means all or any of the following expenses incurred in respect of the medical treatment of an employee- (i) the fees of a medical practitioner, registered dentist, registered chiropractor, registered physiotherapist or registered occupational therapist; (ii) the fees for any surgical or therapeutic treatment; (iii) the cost of nursing attendance; (iv) the cost of hospital accommodation as an in-patient; (v) the cost of medicines, curative materials and medical dressings; (b) in relation to medical treatment given outside Hong Kong, means such expenses incurred in respect of the medical treatment of an employee as the Commissioner, by certificate in writing issued under section 10B(1)(b), determines to be medical expenses; (Replaced 1 of 1995 s. 2) "medical practitioner" (醫生) means a medical practitioner who- (a) is registered under the Medical Registration Ordinance (Cap 161); or (b) is deemed to be a registered medical practitioner by virtue of section 29(a) of the said Ordinance; (Replaced 13 of 1966 Schedule. Amended 34 of 1995 s. 45) "medical treatment" (醫治) , in relation to an employee to whom a personal injury is caused by accident arising out of and in the course of his employment, means medical treatment of any kind whatsoever given to the employee- (a) in the case of medical treatment given in Hong Kong, by, or under the supervision of, a medical practitioner, registered dentist, registered chiropractor, registered physiotherapist or registered occupational therapist; (b) in the case of medical treatment given outside Hong Kong, by, or under the supervision of, a person who is allowed to practise medicine, surgery, dentistry, chiropractic, physiotherapy or occupational therapy in the place where such medical treatment is given, in a hospital, whether as an in-patient or other than as an in-patient, or elsewhere; (Added 74 of 1977 s. 2. Amended 1 of 1995 s. 2) "member of the family" (家庭成員), in relation to an employee, means a person who has any of the following relationships in respect of the employee, whether by blood or an adoption specified in subsection (2)- (a) a spouse or cohabitee; (b) a child; (c) a parent or grandparent; or (d) a grandson, granddaughter, stepfather, stepmother, stepson, stepdaughter, son-in-law, daughter-in-law, brother, sister, half-brother, half-sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, and child of a brother or sister of the whole blood, any of whom has been living with the employee as a member of the same household and has been so living for the period of 24 months immediately preceding the accident concerned; (Replaced 52 of 2000 s. 3) "occupational disease" (職業病) means any of the diseases specified in the second column of the Second Schedule and any recurrence or sequelae thereof; (Added 19 of 1964 s. 3) "Ordinary Assessment Board" (普通評估委員會) means an Employees' Compensation (Ordinary Assessment) Board appointed under section 16D; (Added 76 of 1982 s. 3) "outworker" (外發工) means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the materials or articles; "partial incapacity" (部分喪失工作能力) means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of an employee in any employment in which he was engaged at the time of the accident resulting in the incapacity, and, where the incapacity is of a permanent nature, such incapacity (which may include disfigurement) as reduces his earning capacity, present or future, in any employment which he was capable of undertaking at that time; (Amended 55 of 1969 s. 3; 49 of 1985 s. 2) "principal contractor" (總承判商) means a person referred to as a principal contractor in section 24; (Added 76 of 1982 s. 3) "registered dentist" (註冊牙醫) means a dentist whose name is entered in the General Register under section 9 of the Dentists Registration Ordinance (Cap 156); (Replaced 11 of 2006 s. 38) "Review Certificate for Funeral and Medical Attendance Expenses" (殯殮費和醫護費審核 證明書) means a certificate issued under section 6E(12)(c); (Added 52 of 2000 s. 3) "Review Certificate of Compensation Assessment for Fatal Case" (致命個案補償評估審核證 明書) means a certificate issued under section 6D(6)(c); (Added 52 of 2000 s. 3) "Review Certificate of Interim Payment" (臨時付款審核證明書) means a certificate issued under section 6C(11)(c); (Added 52 of 2000 s. 3) "Special Assessment Board" (特別評估委員會) means an Employees' Compensation (Special Assessment) Board appointed under section 16E; (Added 76 of 1982 s. 3) "sub-contractor" (次承判商) means- (a) any person who enters into a contract, express or implied, with a principal contractor to perform all or any part of the work which the principal contractor has undertaken to perform; and (b) any other person who enters into a contract, express or implied, to perform all or any part of the work which a sub-contractor within the meaning of paragraph (a) has undertaken to perform; (Added 76 of 1982 s. 3) "total incapacity" (完全喪失工作能力) means such incapacity whether of a temporary or permanent nature as incapacitates an employee for any employment which he was capable of undertaking at the time of the accident resulting in such incapacity. (Amended 49 of 1985 s. 2) (Amended 44 of 1980 s. 15; 52 of 2000 s. 3) (2) For the purposes of the definition of "member of the family" (家庭 成員)- (a) an adoption means an adoption- (i) made under an adoption order made in accordance with the Adoption Ordinance (Cap 290); (ii) to which section 17 or 20F of that Ordinance applies; or (Amended 28 of 2004 s. 35) (iii) made in Hong Kong in accordance with Chinese law and custom before 1 January 1973; (Amended 28 of 2004 s. 35) (b) subject to paragraph (c), any person so adopted shall be treated as the child of the adopter, and not as the child of any other person, and all relationships to the adopted person shall be deduced accordingly; and (Added 52 of 2000 s. 3. Amended 28 of 2004 s. 35) (c) any person adopted under an adoption order granted under paragraph (c) of section 5(1) of the Adoption Ordinance (Cap 290) shall be treated as the child of the adopter and the parent referred to in that paragraph, and not as the child of any other person, and all relationships to the adopted person shall be deduced accordingly. (Amended 28 of 2004 s. 35) "accident insurance business" (意外保險業務) "Certificate for Funeral and Medical Attendance Expenses" (殯殮費和醫護費證明書) "Certificate of Compensation Assessment for Fatal Case" (致命個案補償評估證明書) "Certificate of Interim Payment" (臨時付款證明書) "cohabitee" (同居者) "Commissioner" (處長) "compensation" (補償) "contract of apprenticeship" (學徒訓練合約) "Court" (法院) "damages" (損害賠償) "earnings" (收入) "ECAFB" (管理局) "employer" (僱主) "hospital" (醫院) "interim payment" (臨時付款) "insurance company" (保險公司) and "insurer" (保險人) "medical expenses" (醫療費) "medical practitioner" (醫生) "medical treatment" (醫治) "member of the family" (家庭成員) "occupational disease" (職業病) "Ordinary Assessment Board" (普通評估委員會) "outworker" (外發工) "partial incapacity" (部分喪失工作能力) "principal contractor" (總承判商) "registered dentist" (註冊牙醫) "Review Certificate for Funeral and Medical Attendance Expenses" (殯殮費和醫護費審核 證明書) "Review Certificate of Compensation Assessment for Fatal Case" (致命個案補償評估審核證 明書) "Review Certificate of Interim Payment" (臨時付款審核證明書) "Special Assessment Board" (特別評估委員會) "sub-contractor" (次承判商) "total incapacity" (完全喪失工作能力) EMPLOYEES' COMPENSATION ORDINANCE - SECT 4 Application to certain employees VerDate:01/08/2000 (1) This Ordinance shall apply to employees employed by or under the Crown in the same way and to the same extent as if the employer were a private person, except in the case of- (a) members of the armed forces of the Crown; and (b) persons in the civil employment of Her Majesty, otherwise than in Her Government of Hong Kong, who have been engaged in a place outside Hong Kong: Provided that this Ordinance shall not apply in the case of an employee in the service of the Government of Hong Kong where, in consequence of injury received by any such employee in the discharge of his duties, a pension or gratuity which would not be payable if such injury were received otherwise, is paid to him or, in the case of his death, to any of the members of his family as defined in this Ordinance, under any Ordinance or regulation providing for the grant of such pension or gratuity. (Replaced 50 of 1954 s. 3. Amended 11 of 1958 s. 4; 55 of 1969 s. 4; 44 of 1980 s. 15; 76 of 1982 s. 37; 52 of 2000 s. 4) (2) The exercise and performance of the powers and duties of any public body shall for the purposes of this Ordinance, unless a contrary intention appears, be deemed to be the trade or business of such public body. (Added 55 of 1969 s. 4) EMPLOYEES' COMPENSATION ORDINANCE - SECT 5 Employer's liability for compensation for death or incapacity resulting from accident VerDate:05/07/1999 "gale warning (烈風警告) "rainstorm warning" (暴雨警告) PART II COMPENSATION FOR INJURY (Added 19 of 1964 s. 4) (1) Subject to subsections (2) and (3), if in any employment, personal injury by accident arising out of and in the course of the employment is caused to an employee, his employer shall be liable to pay compensation in accordance with this Ordinance. (2) No compensation shall be payable under this Ordinance in respect of- (a) any injury, other than an injury which results in partial incapacity of a permanent nature, which does not incapacitate the employee from earning full wages at work at which he was employed; (Amended 67 of 1996 s. 2) (b) any incapacity or death resulting from a deliberate self-injury; (c) any incapacity or death resulting from personal injury if the employee has at any time represented to the employer that he was not suffering or had not previously suffered from that or a similar injury, knowing that the representation was false; or (d) any injury, not resulting in death or serious and permanent incapacity, caused by an accident which is directly attributable to the employee's addiction to drugs or his having been at the time of the accident under the influence of alcohol. (3) In any proceedings under this Ordinance where it is proved that the injury to an employee is attributable to the serious and wilful misconduct of that employee, or that an injury by accident arising out of and in the course of his employment is deliberately aggravated by the employee, any compensation claimed in respect of that injury shall be disallowed; except that where the injury results in death or serious incapacity, the Court on consideration of all the circumstances may award the compensation provided by this Ordinance or such part thereof as it shall think fit. (4) For the purposes of this Ordinance- (a) an accident arising in the course of an employee's employment shall be deemed, in the absence of evidence to the contrary, also to have arisen out of that employment; (b) an accident to an employee shall be deemed to arise out of and in the course of his employment, notwithstanding that the employee was at the time when the accident happened acting in contravention of any statutory or other regulation applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if such act was done by the employee for the purposes of and in connection with his employer's trade or business; (c) an accident to an employee shall be deemed to arise out of and in the course of his employment if it happens- (i) while, with the consent of his employer, the employee is being trained in first aid, ambulance or rescue work or engaged in any competition or exercise in connection therewith; (ii) in, at or about any premises other than his employer's while, with the consent of his employer, the employee is engaged in any first aid, ambulance or rescue work or in any competition or exercise in connection therewith; or (iii) in, at or about his employer's premises while the employee is engaged in any first aid, ambulance or rescue work, notwithstanding that in the case of rescue work the employee was acting in contravention of any statutory or other regulation applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if when such act was done the employee reasonably acted in order to rescue, succour or protect any other person who had suffered, or who was reasonably believed to be in danger of, injury, or to avert or minimize serious damage to property of the employer; (d) an accident to an employee shall be deemed to arise out of and in the course of his employment if it happens to the employee while he is, with the express or implied permission of his employer, travelling as a passenger by any means of transport to or from his place of work and at the time of the accident, the means of transport is being operated- (i) by or on behalf of his employer or by some other person pursuant to arrangements made with his employer; and (ii) other than as part of a public transport service; (e) an accident to an employee shall be deemed to arise out of and in the course of his employment if it happens to the employee while he is driving or operating any means of transport arranged or provided by or on behalf of his employer or by some other person pursuant to arrangements made with his employer between his place of residence and his place of work, travelling by a direct route- (i) to his place of work for the purposes of and in connection with his employment; or (ii) to his place of residence after attending to those purposes; (f) an accident to an employee shall be deemed to arise out of and in the course of his employment if it happens to the employee when, within the duration of a gale warning, or of a rainstorm warning, he is travelling between his place of residence and his place of work- (Amended 24 of 2000 s. 2) (i) to his place of work, by a direct route within a period of 4 hours before the time of commencement of his working hours for that day or to his place of residence, within a period of 4 hours after the time of cessation of his working hours for that day, as the case may be; or (ii) in such other circumstances as the Court thinks reasonable, and for the purposes of this paragraph- (Amended 24 of 2000 s. 2) (A) "gale warning (烈風警告) means a warning of the occurrence of a tropical cyclone in, or in the vicinity of, Hong Kong by the use of the tropical cyclone warning signals issued by the Director of the Hong Kong Observatory to the effect that any of the tropical cyclone warning signals commonly referred to as No. 8NW, 8SW, 8NE, 8SE, 9 or 10 is in force; (B) "rainstorm warning" (暴雨警告) means a warning of a heavy rainstorm in, or in the vicinity of, Hong Kong by the use of the heavy rainstorm warning signals issued by the Director of the Hong Kong Observatory to the effect that any of the heavy rainstorm warning signals commonly referred to as Red or Black is in force; (Added 24 of 2000 s. 2) (g) an accident to an employee shall be deemed to arise out of and in the course of his employment if it happens to the employee while he is, with the express or implied permission of his employer, travelling by any means of transport for the purposes of and in connection with his employment between Hong Kong and any place outside Hong Kong or between any place outside Hong Kong and any other such place. (Replaced 1 of 1995 s. 3) EMPLOYEES' COMPENSATION ORDINANCE - SECT 6 Compensation in fatal cases VerDate:01/08/2000 (1) Where death results from the injury, then, subject to section 6A, the amount of compensation payable to the members of the family of the employee shall be- (Amended 52 of 2000 s. 5) (a) in the case of an employee under 40 years of age at the time of the accident, a lump sum equal to 84 months' earnings or 84 times the amount specified in the second column of the Sixth Schedule shown opposite section 6(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 60 months' earnings or 60 times the amount specified in the second column of the Sixth Schedule shown opposite section 6(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 36 months' earnings or 36 times the amount specified in the second column of the Sixth Schedule shown opposite section 6(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. 2; L.N. 566 of 1995; 36 of 1996 s. 4) (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 6(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. 4) (3) Notwithstanding anything in subsection (1) or (2), where in respect of the same accident compensation has been paid under section 7 or 9, there shall be deducted from the sum payable under subsection (1) any sums so paid as compensation. (4) (Repealed 52 of 2000 s. 5) (5) Where death results from the injury, reimbursement of the reasonable expenses of the funeral of the deceased employee and the reasonable expenses of medical attendance on the deceased employee, not exceeding in all the sum of the amount specified in the second column of the Sixth Schedule shown opposite section 6(5) specified in the first column of that Schedule, shall be paid by the employer to any person who has paid the expenses. (Amended 76 of 1982 s. 5; L.N. 386 of 1989; L.N. 435 of 1991; L.N. 463 of 1993; L.N. 566 of 1995; 36 of 1996 s. 4; 52 of 2000 s. 5) (6) (Repealed 52 of 2000 s. 5) (Replaced 44 of 1980 s. 4) EMPLOYEES' COMPENSATION ORDINANCE - SECT 6A Apportionment of compensation VerDate:01/08/2000 (1) Where death results from the injury, the compensation shall be payable only to eligible members of the family and apportioned in the manner set out in the Seventh Schedule. (2) For the purposes of this section- (a) "eligible" (合資格), in relation to a member of the family, means the member is entitled to compensation under section 6(1) by virtue of a determination under section 6B(1), 6D(6), 6H(4) or 18A(1); (b) a reference to a child of a deceased employee includes a child born after the death of the employee but before a determination made under section 6B(1)(a), 6D(6), 6H(4) or 18A(1) in respect of the employee. (3) In determining the amount of compensation payable under section 6(1), the Commissioner or the Court shall take into account- (a) any compensation deductible under section 6(3); (b) any interim payments paid under subsection (4). (4) Where the spouse of the employee who has been paid any interim payments dies prior to the Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case is issued, the aggregate amount of interim payments already paid shall be deducted from the total amount of compensation payable before the apportionment of the amount for other members of the family. (5) In stating the amount of compensation payable to each member of the family named in the Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case, the Commissioner and the Court may round down the amounts to the nearest dollar. (Added 52 of 2000 s. 6) "eligible" (合資格) EMPLOYEES' COMPENSATION ORDINANCE - SECT 6B Determination by Commissioner of claims for compensation in fatal cases VerDate:01/08/2000 (1) Subject to subsection (2), where death results from the injury, the Commissioner may, on application by the members of the family under subsection (4) and with the consent in writing of the employer and signed by him- (a) determine in respect of the members of the family making the application- (i) the total amount of compensation payable; (ii) the persons to whom the compensation is payable and the amount of compensation payable to each such person; and (iii) the persons who are not entitled to the compensation; and (b) issue a certificate- (i) as to his determination under paragraph (a); and (ii) as soon as practicable after making the determination, but in any case not earlier than 6 months from the date of death of the employee or the date of accident if the date of death cannot be ascertained. (2) The Commissioner shall not determine or continue to determine a claim under subsection (1)(a) where- (a) the employer does not give his consent in writing signed by him to the Commissioner determining the claim; (b) the employer gives his consent to the Commissioner determining the claim but prior to determination withdraws such consent by notice in writing signed by him to the Commissioner; (c) there is a dispute on the familial connection between the employee and any of the persons claiming compensation; (d) any party to the claim, at any time prior to the issue of the Certificate of Compensation Assessment for Fatal Case, declines determination by the Commissioner; (e) a claim for compensation in respect of the same employee has been filed with the Court; (f) in the Commissioner's opinion, the claim is not suitable for such determination; or (g) the first application under subsection (4) has not been made within 24 months from the date of death of the employee. (3) Where the Commissioner has proceeded to determine a claim under subsection (1)(a) but prior to the issue of the Certificate of Compensation Assessment for Fatal Case, the process of determination is terminated by virtue of subsection (2)- (a) the claim shall be determined by the Court pursuant to section 18A(1); and (b) the Commissioner shall notify the parties concerned of the termination. (4) An application under subsection (1) shall be made- (a) in such form as the Commissioner may specify and signed by the person making it; (b) within 6 months from the date of death of the employee or the date of accident if the date of death cannot be ascertained (but the Commissioner may, if he thinks fit, extend the period for making the application); (c) subject to paragraph (d), separately by each person claiming compensation or by his authorized representative; (d) where the person claiming compensation is a minor or a person incapable of managing himself and his affairs, by his guardian or legal representative, as the case may be. (5) A Certificate of Compensation Assessment for Fatal Case 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; and (ii) to each person named in the certificate, whether or not compensation is payable to the person. (6) The Commissioner shall, as soon as practicable after he decides to determine a claim for compensation under subsection (1)(a), send to the Court a notice advising the Court of that decision. (Added 52 of 2000 s. 6) EMPLOYEES' COMPENSATION ORDINANCE - SECT 6C Determination by Commissioner of interim payments VerDate:01/08/2000 (1) Where a claim for compensation is to be determined under section 6B(1)(a), upon application by the spouse of the deceased employee, the Commissioner- (a) may, irrespective of whether applications for compensation have been made by other members of the family and prior to the issue of the Certificate of Compensation Assessment for Fatal Case, on application by the spouse in a form as the Commissioner may specify and signed by the spouse, determine that interim payment of compensation be made by the employer to the spouse; 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 Certificate of Interim Payment 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 the spouse of the employee; and (iii) to each of the persons who has made an application under section 6B(1). (3) Interim payments- (a) shall be payable to the spouse named in the Certificate of Interim Payment or, where that Certificate is cancelled under subsection (12), in the Review Certificate of Interim Payment concerned until the aggregate amount referred to in paragraph (c) is fully paid; (b) shall comprise- (i) an initial payment calculated by multiplying the monthly payment referred to in subparagraph (ii) by the number of months elapsed between the date of death, or the date of accident if the date of death cannot be ascertained, and the date of issue of the Certificate of Interim Payment or Review Certificate of Interim Payment, as the case may require; (ii) subsequent monthly payments calculated at the rate of 50% of- (A) the monthly earnings of the deceased employee at the time of the accident as determined in accordance with section 11; or (B) the amount specified in the second column of the Sixth Schedule shown opposite section 6(1)(a) specified in the first column of the Schedule, whichever is the less; (c) shall not in aggregate exceed 45% of the total amount of compensation payable under section 6(1) after deducting any compensation which has already been paid under sections 7, 9 and 13(3); (d) shall- (i) be deducted from the compensation payable under section 6A to the person to whom interim payments have been paid; and (ii) where the spouse dies before the issue of the Certificate of Compensation Assessment for Fatal Case, be deducted from the compensation payable to the members of the family under section 6(1), except that any surcharge payable under subsection (8) by the employer for late payment of interim payments shall not be deductible. (4) Interim payments shall be payable by the employer- (a) as to the initial payment, not later than 21 days after the date of issue of the Certificate of Interim Payment or Review Certificate of Interim Payment, as the case may require; (b) as to each monthly payment, not later than the date corresponding to the date on which the preceding initial payment or monthly payment is payable or if there is no such corresponding date in that month, the last day of that month. (5) An employer is not required to make payments under a Certificate of Interim Payment pending the completion of a review under subsection (10) or (11). (6) Where the Commissioner is satisfied on reasonable grounds that a determination which gave rise to a Certificate of Interim Payment was based on information false or misleading in a material particular, he may, by notice in writing to the employer and spouse named in the Certificate of Interim Payment setting out those grounds, order that interim payments under that Certificate shall cease on and from a date specified in the notice for the purpose until such time, if any, that the notice is revoked. (7) Interim payments shall cease to be payable- (a) 7 days before the date on which compensation under section 6(1) is due in accordance with a Certificate of Compensation Assessment for Fatal Case; (b) on the date specified in a notice under subsection (6) for the purpose; (c) when the total amount of interim payments paid to the spouse reaches the aggregate amount that may be payable as stated in the Certificate of Interim Payment or Review Certificate of Interim Payment, as the case may require; or (d) on the date the Commissioner notifies the employer and the spouse of his decision that the claim shall be determined by the Court under section 18A(1), whichever is the earlier. (8) An employer who fails without reasonable excuse to make interim payments in accordance with a Certificate of Interim Payment or Review Certificate of Interim Payment, as the case may require, shall pay to the spouse of the employee, in addition to the amount of interim payments- (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 6C(8)(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 6C(8)(a) specified in the first column of that Schedule of the amount of interim payment then remaining unpaid, whichever is the greater; and (b) thereafter upon the expiry of 3 months after the expiry of the payment period, a surcharge of- (i) the amount specified in the second column of the Sixth Schedule shown opposite section 6C(8)(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 6C(8)(b) specified in the first column of that Schedule of the amount of interim payment then remaining unpaid, whichever is the greater. (9) A person may object to a determination under subsection (1)(a) by sending an objection in writing signed by him to the Commissioner within 14 days from the date of issue of the Certificate of Interim Payment, or within such further time as the Commissioner, in the circumstances of any particular case, thinks fit, stating the grounds of the objection. (10) 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. (11) On receipt of an objection under subsection (9) or on a review under subsection (10), the Commissioner shall- (a) in the case of an objection, send a copy of the objection to any other person who has made an application under section 6B(1) and to the employer if the employer is not the objector; (b) review the determination under subsection (1)(a) concerned and confirm or vary the determination as he thinks fit (including ceasing interim payments); (c) upon completing the review, issue to the employer and the spouse a certificate in such form as he may specify stating- (i) that the original determination is confirmed and giving details thereof; (ii) details of the determination as varied; and (d) send a copy of the Certificate to each of the persons who has made an application under section 6B(1). (12) Upon the issue of a Review Certificate of Interim Payment, the Certificate of Interim Payment to which it relates shall be cancelled. (13) A Certificate of Interim Payment or Review Certificate of Interim Payment, other than a Certificate cancelled under subsection (12), 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. (14) A Certificate of Interim Payment or Review Certificate of Interim Payment, other than a Certificate cancelled under subsection (12) may, on application to the Court by the employer or the spouse of the employee, 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 (8). (15) An employer who fails without reasonable excuse to comply with subsection (4) or (8) commits an offence and is liable to a fine at level 6. (16) This section shall not apply in the case of a member of the family where the employee was in the service of the Government unless and until the member gives up his rights under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99), the Pension Benefits (Judicial Officers) Ordinance (Cap 401) and the Auxiliary Forces Pay and Allowances Ordinance (Cap 254) to receive pension or gratuities arising from the death of the employee in consequence of injury received in the discharge of his duties. (17) For the purposes of this section- "date of issue" (發出日期) means the date appearing on the Certificate of Interim Payment or Review Certificate of Interim Payment; "payment period" (付款期) means the appropriate period of payment referred to in subsection (4); "spouse" (配偶) does not include a cohabitee. (Added 52 of 2000 s. 6) "date of issue" (發出日期) "payment period" (付款期) "spouse" (配偶) EMPLOYEES' COMPENSATION ORDINANCE - SECT 6D Payment of compensation and objection to determination of Commissioner VerDate:01/07/2002 (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) EMPLOYEES' COMPENSATION ORDINANCE - SECT 6E Determination by Commissioner of claims for funeral and medical attendance expenses VerDate:01/07/2002 (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) EMPLOYEES' COMPENSATION ORDINANCE - SECT 6F Supply of particulars to Commissioner VerDate:01/08/2000 (1) For the purposes of making a determination under section 6B(1)(a), 6C(1)(a) or (11), 6D(6)(b) or 6E(1)(a) or (12), the Commissioner may by notice in writing require- (a) any person making the claim; and (b) the employer of the employee and if the employer is a sub-contractor, the principal contractor, to provide such particulars in writing as the Commissioner thinks necessary, or by the production of documents or the submission of copies of documents, as the Commissioner may direct. (2) Any person who- (a) fails or refuses without reasonable excuse to provide any particular required to be provided under this section; or (b) provides any particular which he knows or reasonably ought to know to be false or misleading in any material particular, commits an offence and is liable to a fine at level 5. (Added 52 of 2000 s. 6) EMPLOYEES' COMPENSATION ORDINANCE - SECT 6G Discharge of liability of employer and his insurer in fatal cases VerDate:01/08/2000 (1) Subject to subsections (2), (3) and (4), the total liability of an employer and his insurer shall not in respect of any one deceased employee exceed the aggregate amount payable under section 6(1) and (5). (2) Where the employer is liable to pay reimbursement of the expenses of the funeral of the employee and the expenses of medical attendance on the employee, the total amount payable for such expenses by the employer and his insurer shall not in any one fatal case for any one deceased employee exceed the aggregate amount payable under section 6(5). (3) Any compensation paid to the employee under sections 10 and 10A prior to his death and any surcharge payable under sections 6C(8), 6D(3), and 6E(9) shall not be taken into account when calculating the aggregate amount of compensation paid or payable by the employer under section 6. (4) Where an amount in excess of the compensation payable by the employer under section 6 is paid to the employee by the employer under sections 7 and 9 prior to his death, the employer shall not recover any such excess amount. (Added 52 of 2000 s. 6) EMPLOYEES' COMPENSATION ORDINANCE - SECT 6H Appeal against determination of Commissioner in fatal cases VerDate:01/08/2000 (1) Subject to the provisions of this section, an appeal shall lie to the Court from a determination under section 6B(1)(a), 6C(1)(a) or (11), 6D(6)(b) or 6E(1)(a) or (12), as the case may be. (2) No appeal shall lie after the expiry of 42 days from the date of issue of the certificate concerned under section 6B, 6C, 6D or 6E, unless the Court, as it thinks fit, extends the time for an appeal notwithstanding that the 42 days period has elapsed. (3) On an appeal under this section, the Court may confirm or vary the determination of the Commissioner. (4) Where the Court varies the determination of the Commissioner, the Court shall- (a) in the case of a determination under section 6B(1)(a) or 6D(6)(b), make an order to apportion the amount of compensation payable under section 6(1) to the member of the family of the employee according to section 6A; (b) in the case of a determination made under section 6E(1)(a) or (12), make an order to apportion the amount of reimbursement payable to each person who has paid the expenses of the funeral of the employee and the expenses of medical attendance on the employee taking into account section 6E(5). (5) The Court shall- (a) subject to section 6G, direct the employer to pay to the Court any amount of payment which is payable by the employer but not yet paid; and (b) direct any person who has received the payment from the employer in accordance with a Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case, a Certificate of Interim Payment or Review Certificate of Interim Payment, a Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses to pay to the Court any amount which has been overpaid to the person taking into account the apportionment made by the Court; and (c) make such order as to costs as the Court thinks fit. (6) The amount apportioned to- (a) any member of the family ; or (b) any person who has paid the expenses of the funeral of the employee and the expenses of medical attendance on the employee, shall be paid to him, or be invested, applied or otherwise dealt with for his benefit in such manner as the Court thinks fit. (Added 52 of 2000 s. 6) EMPLOYEES' COMPENSATION ORDINANCE - SECT 7 Compensation in case of permanent total incapacity VerDate:30/06/1997 (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) EMPLOYEES' COMPENSATION ORDINANCE - SECT 8 Employee requiring attention VerDate:30/06/1997 (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) EMPLOYEES' COMPENSATION ORDINANCE - SECT 9 Compensation in case of permanent partial incapacity VerDate:30/06/1997 (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) EMPLOYEES' COMPENSATION ORDINANCE - SECT 10 Compensation in case of temporary incapacity VerDate:30/06/1997 (1) Where temporary incapacity whether total or partial results from the injury, the compensation shall be the periodical payments hereinafter mentioned, or a lump sum calculated accordingly, having regard to the probable duration, and probable changes in the degree, of the incapacity. Such periodical payments shall be, or shall be at the rate proportionate to, a monthly payment of four-fifths of the difference between the monthly earnings which the employee was earning at the time of the accident and the monthly earnings which he is earning, or is capable of earning, in some suitable employment or business during the period of the temporary incapacity after the accident. (Amended 55 of 1969 s. 10; 76 of 1982 s. 7; 67 of 1996 s. 3) (2) For the purposes of this section a period of absence from duty certified to be necessary by a medical practitioner, a registered dentist, an Ordinary Assessment Board or a Special Assessment Board shall be deemed to be a period of total temporary incapacity irrespective of the outcome of the injury. (Added 55 of 1969 s. 10. Amended 31 of 1985 s. 2) (3) Periodical payments under this section shall be payable on the same days as wages would have been payable to the employee if he had continued to be employed under the contract of service or apprenticeship under which he was employed at the time of the accident: Provided that- (a) by agreement or by order of the Court, the periodical payments may be made at shorter intervals; and (b) the interval between periodical payments shall not exceed 1 month. (Added 55 of 1969 s. 10) (4) In the event of death or permanent incapacity following a period of temporary incapacity whether total or partial, no periodical or lump sum payments paid or payable under this section shall be deducted from any amount of compensation payable under section 6, 7, 8 or 9. (Added 55 of 1969 s.10) (5) An employee who has received periodical payments under this section for a period of 24 months from the date of the commencement of the temporary incapacity or for such further period being not more than 12 months as the Court may allow in any particular case shall no longer be entitled to periodical payments under this section but shall be deemed to have suffered permanent incapacity and the provisions of section 7 or 9, as the case may be, shall apply to the employee. (Added 55 of 1969 s. 10. Amended 1 of 1995 s. 5) (6) In fixing the amount of the periodical payment, the Court shall have regard to any payment, allowance or benefit which the employee may receive from the employer during the incapacity. (7) On the ceasing of the incapacity before the date on which any periodical payment falls due, there shall be payable in respect of that period a sum proportionate to the duration of the incapacity in that period. (8) An employee in receipt of periodical payments under this section who intends to leave Hong Kong for the purpose of residing outside Hong Kong may apply to the Court for an order for the redemption of such periodical payments and the payment to him, subject to subsection (9), of a lump sum amount to be determined by the Court. (Replaced 1 of 1995 s. 5) (9) The amount of a lump sum payable to an employee under subsection (8) together with the periodical payments already made to the employee under subsection (1) shall not exceed the lump sum which would be payable in respect of the same degree of incapacity under the provisions of section 7 or 9, as the case may be, if the incapacity were permanent. (Replaced 1 of 1995 s. 5) (10) Without prejudice to any other provision of this Ordinance, an employer who without reasonable excuse fails to pay to the employee or to the Court any compensation or any proportionate part thereof thereof under this section within a period of 7 days after the date on which such compensation falls due (whether under subsection (3) or by agreement or by order of the Court), commits an offence and is liable to a fine at level 6. (Added 76 of 1982 s. 7. Amended 63 of 1992 s. 4; 64 of 1992 s. 2; 36 of 1996 s. 7) (11) If the period of temporary incapacity does not exceed 3 days and the employer fails to pay to the employee or to the Court the compensation or any proportionate part thereof that he is liable to pay under this section within the period referred to in subsection (10), the compensation or proportionate part thereof may be recovered by the employee from the employer- (a) as a civil debt in the Small Claims Tribunal established under the Small Claims Tribunal Ordinance (Cap 338); or (b) where the amount claimed exceeds the jurisdiction of the Small Claims Tribunal, as a civil debt in the District Court. (Added 67 of 1996 s. 3) (12) A claim for compensation or any proportionate part thereof may be brought in the District Court under subsection (11)(b) either independently of or in conjunction with any other claim for compensation which is, under this Ordinance, to be brought in the District Court. (Added 67 of 1996 s. 3) (Amended 44 of 1980 s. 15) EMPLOYEES' COMPENSATION ORDINANCE - SECT 10A Payment of medical expenses VerDate:30/06/1997 (1) Subject to this Ordinance, if, in any employment, personal injury is caused to an employee by accident occurring on or after the date on which this section comes into operation and arising out of and in the course of his employment his employer shall be liable to pay the medical expenses for the medical treatment in respect of such injury. (Amended 76 of 1982 s. 8) (1A) Medical expenses which an employer is liable to pay under subsection (1) shall, unless otherwise provided by agreement in writing entered into by the employer with the employee, not include those in respect of medical treatment given outside Hong Kong in relation to an accident occurring in Hong Kong. (Added 1 of 1995 s. 6) (2) Medical expenses which an employer is liable to pay under subsection (1) shall be payable in addition to any other compensation which the employer is liable to pay under this Ordinance. (Replaced 76 of 1982 s. 8) (3) Medical expenses which the employer is liable to pay under subsection (1) shall be payable in accordance with the Third Schedule in respect of the period during which the employee receives medical treatment until the attending medical practitioner or registered dentist certifies that in his opinion no further treatment is required. (Replaced 76 of 1982 s. 8) (4) An employer shall not be liable to pay medical expenses under subsection (1)- (a) if the employer has provided adequate free medical treatment to the employee; or (b) if, by a written undertaking, the employer has agreed to provide adequate free medical treatment and the employee fails, without reasonable excuse, to submit himself for such medical treatment. (5) Where an employer proposes to provide free medical treatment to an employee for personal injury caused to the employee by accident arising out of and in the course of his employment he shall give to the employee a written undertaking to provide free medical treatment or to pay the medical expenses for the medical treatment and shall not recover any part of the cost of the medical expenses from the employee. (6) Where an employee has paid for any medical treatment received by him he shall be entitled to recover the medical expenses which his employer is liable to pay under subsection (1) from his employer by serving on the employer a request in writing for the payment of the medical expenses together with a receipt for the payment for the medical treatment. (7) If an employer does not pay an employee the medical expenses he is liable to pay under subsection (1) within 21 days after the date of receipt of a request for payment under subsection (6) or, where an application is made to the Commissioner under section 10B for the determination of a dispute, within 21 days after the date of determination of the dispute, the medical expenses may be recovered by the employee from the employer- (a) as a civil debt in the Small Claims Tribunal established under the Small Claims Tribunal Ordinance (Cap 338); or (b) where the amount claimed exceeds the jurisdiction of the Small Claims Tribunal, as a civil debt in the District Court. (8) A claim for medical expenses in the District Court may be brought either independently of or in conjunction with any other claim for compensation which is, under this Ordinance, to be brought in the District Court. (9) (Repealed 76 of 1982 s. 8) (Added 74 of 1977 s. 3. Amended 44 of 1980 s. 15) EMPLOYEES' COMPENSATION ORDINANCE - SECT 10AA Medical expenses for accidents occurring outside Hong Kong VerDate:30/06/1997 (1) This section applies to the liability imposed on an employer under section 10A, for the payment of medical expenses for medical treatment, given outside Hong Kong, in respect of personal injury caused to an employee by accident occurring outside Hong Kong and arising out of and in the course of that employee's employment. (2) An employer shall not be liable to pay medical expenses under section 10A(1)- (a) in respect of medical treatment given outside Hong Kong to an employee in relation to an accident occurring- (i) outside Hong Kong; and (ii) before the commencement of the Employees' Compensation (Amendment) Ordinance 1995 (1 of 1995); (b) in respect of medical treatment given outside Hong Kong to an employee, unless and until a certificate has been issued by the Commissioner under section 10B(1)(b) stating the amount of such medical expenses; (c) if the employer has provided adequate free medical treatment outside Hong Kong to the employee; or (d) if, by a written undertaking, the employer has agreed to provide adequate free medical treatment outside Hong Kong to the employee and the employee fails, without reasonable excuse, to submit himself for such medical treatment. (Added 1 of 1995 s. 7) EMPLOYEES' COMPENSATION ORDINANCE - SECT 10B Determination by Commissioner of medical expenses payable VerDate:30/06/1997 (1) The Commissioner shall, on application made to him by an employee or employer- (a) determine whether or not there is a liability to pay medical expenses under section 10A in respect of medical treatment given outside Hong Kong to the employee; and (b) where the Commissioner has determined that there is such liability, determine the amount of such medical expenses and issue a certificate to the employee and the employer stating the amount of such medical expenses. (2) Where there is a dispute as to- (a) the liability to pay medical expenses under section 10A; or (b) the amount of such medical expenses, in respect of medical treatment given in Hong Kong to an employee, the Commissioner shall, on application made to him by the employee or the employer- (i) in the case of paragraph (a)- (A) determine whether or not there is a liability to pay such medical expenses; and (B) where the Commissioner has determined that there is such liability, determine the amount of such medical expenses and issue a certificate to the employee and the employer stating the amount of such medical expenses; (ii) in the case of paragraph (b), determine the amount of such medical expenses and issue a certificate to the employee and the employer stating the amount of such medical expenses. (3) A certificate purporting to be issued under subsection (1)(b) or (2)(i)(B) or (ii) and to be signed by or for the Commissioner shall be admitted in evidence without further proof on its production in any court and- (a) unless there is evidence to the contrary, it shall be presumed that the certificate is so issued and signed; (b) shall be evidence of the amount of medical expenses payable by the employer. (4) A determination by the Commissioner under this section as to any liability to pay medical expenses, and as to the amount of such medical expenses, may be reviewed by the Court on the application either of the employee or of the employer within 14 days of the issue by the Commissioner of a certificate under subsection (1)(b) or (2)(i)(B) or (ii), or within such further time as the Court, in the circumstances of any particular case, thinks fit; and on any such review the Court may confirm, vary or reverse the determination or may substitute its own determination for that of the Commissioner and may make such order in respect thereof, including any order as to costs, as it thinks fit. (Replaced 1 of 1995 s. 8) EMPLOYEES' COMPENSATION ORDINANCE - SECT 11 Method of calculating earnings VerDate:30/06/1997 (1) Subject to this section, for the purposes of this Ordinance the monthly earnings of an employee at the time of the accident shall be the earnings- (a) for the month immediately preceding the date of the accident; or (b) computed in such manner as is best calculated to give the rates per month at which the employee was being remunerated during the previous 12 months if he has been so long employed by the same employer, but, if not, then for any lesser period during which he has been employed by the same employer, whichever calculation is more favourable to the employee. (Replaced 76 of 1982 s. 9) (1A) Where an employee suffers temporary incapacity after an accident and such incapacity extends beyond 12 months after the date of the accident the monthly earnings of an employee at the time of the accident shall, in respect of temporary incapacity beyond the 12-month period after the date of the accident, be computed for the purposes of section 6, 7, 9 or 10 as being the earnings calculated- (a) where the employer employs, in similar employment, other persons of similar earning capacity to the employee, as the earnings that, if the accident had not occurred, the employee would have received at the end of a 12-month period after the date of the accident in accordance with the average rate of increase in respect of the earnings of other persons of similar earning capacity employed by the employer in similar employment; (b) where the employer does not employ, in similar employment, other persons of similar earning capacity to the employee, as the monthly earnings of the employee computed under subsection (1) or (2) and adjusted in accordance with the rate of increase in the Consumer Price Index at the end of a 12-month period after the date of the accident. (Added 1 of 1995 s. 9) (1B) Where an employee suffers temporary incapacity after an accident and such incapacity extends beyond 24 months or such further period as the Court may have allowed under section 10(5) the monthly earnings of an employee at the time of the accident shall, in respect of temporary incapacity beyond the 24-month period or beyond such further period after the date of the accident, be computed for the purposes of section 6, 7, 9 or 10 as being the earnings calculated- (a) where the employer employs, in similar employment, other persons of similar earning capacity to the employee, as the earnings that, if the accident had not occurred, the employee would have received at the end of a 24-month period after the date of the accident in accordance with the average rate of increase in respect of the earnings of other persons of similar earning capacity employed by the employer in similar employment; (b) where the employer does not employ, in similar employment, other persons of similar earning capacity to the employee, as the monthly earnings of the employee computed under subsection (1) or (2) and adjusted in accordance with the rate of increase in the Consumer Price Index at the end of a 24-month period after the date of the accident. (Added 1 of 1995 s. 9) (1C) For the purposes of subsections (1A) and (1B), "Consumer Price Index" (消費物價指數) means the consumer price index as complied and published as CPI(A) in a Consumer Price Index Report by the Commissioner for Census and Statistics. (Added 1 of 1995 s. 9) (2) Where by reason of the shortness of the time during which an employee has been in the employment of his employer or of the casual nature of the employment, or of the terms of employment, it is impracticable to compute the rate of remuneration of such employee at the date of the accident, regard may be had to the average monthly amount which, during the 12 months previous to the accident, was being earned by a person of similar earning capacity in the same grade employed at the same work by the same employer, or, if there is no person so employed, by a person of similar earning capacity in the same grade employed in the same class of employment and in the same district. (Added 55 of 1969 s. 11) (3) Where an employee was, at the date of the accident, under the age of 18 years his earnings shall, for the purposes of assessing compensation payable in the case of death or permanent incapacity, be deemed to be such amount as, if the accident had not occurred, he would probably have received upon attaining the age of 18 years, or at the end of a period of 5 years after the accident, whichever calculation is more favourable to the employee. (Added 55 of 1969 s. 11. Amended 76 of 1982 s. 9) (4) Where an employee was, at the date of the accident, employed under a contract of apprenticeship his earnings shall, for the purposes of assessing compensation payable in the case of death or permanent incapacity, be deemed to be such amount as, if the accident had not occurred, he would probably have received upon the completion of his contract of apprenticeship. (Added 55 of 1969 s. 11. Amended 76 of 1982 s. 9) (4A) Where an employee was, at the date of the accident, under the age of 18 years and employed under a contract of apprenticeship, his earnings shall, for the purposes of assessing compensation payable in the case of death or permanent incapacity, be deemed to be the amount calculated under subsection (3) or (4), whichever calculation is more favourable to the employee. (Added 76 of 1982 s. 9) (5) Where the earnings of an employee calculated under any of the provisions of this section amount to less than the amount specified in the second column of the Sixth Schedule shown opposite section 11(5) specified in the first column of that Schedule per month, the earnings of such employee shall, for the purposes of this Ordinance, be deemed to be the amount specified in the second column of the Sixth Schedule shown opposite section 11(5) specified in the first column of that Schedule per month. (Added 55 of 1969 s. 11. Amended 76 of 1982 s. 9; 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. 8) (6) For the purposes of subsections (1) and (2), employment by the same employer shall be taken to mean employment by the same employer in the grade in which the employee was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause. (Amended 55 of 1969 s. 11) (7) Where the employee had entered into concurrent contracts of service with 2 or more employers under which he worked at one time for one such employer and at another time for another such employer, his monthly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident: Provided that the earnings of the employee under the concurrent contract shall be taken into account only so far as the employee is incapacitated from performing the concurrent contract: Provided further that this subsection shall not apply where an employee is in the full time employment of that employer for whom he was working at the time of the accident, in which case the earnings of such employee shall be his earnings in such full time employment. For the purposes of this proviso, full time employment means employment for not less than 40 hours during a minimum period of 5 days in any 1 week. (Amended 76 of 1982 s. 9) (7A) An employee shall, at the written request of his employer, give his employer sufficient written information to enable the employer to comply with section 40 regarding any of the employee's concurrent contracts of service referred to in subsection (7) that are then in force or subsequently entered into. (Added 59 of 1988 s. 2) (7B) Subsection (7) does not apply where an employee fails to comply with subsection (7A). (Added 59 of 1988 s. 2) (8) Within 14 days after the date of issue of a written request of the employee or of the Commissioner to the employer liable to pay compensation, that employer shall furnish in writing a list of the earnings which have been earned by that employee upon which the amount of the monthly earnings may be calculated for the purpose of this section. (Amended 76 of 1982 s. 9) (9) An employer who without reasonable excuse contravenes subsection (8) commits an offence and is liable to a fine at level 3. (Added 76 of 1982 s. 9. Amended 36 of 1996 s. 8) (Amended 44 of 1980 s. 15) "Consumer Price Index" (消費物價指數) means the consumer price index as complied and published as CPI(A) in a Consumer Price Index Report by the Commissioner for Census and Statistics. (Added 1 of 1995 s. 9) EMPLOYEES' COMPENSATION ORDINANCE - SECT 12 Persons entitled to compensation VerDate:01/08/2000 (1) Except where otherwise provided by or under this Ordinance, compensation shall be payable to or for the benefit of the employee, or, where death results from the injury, to or for the benefit of the members of his family as provided by this Ordinance. (Amended 76 of 1982 s. 10; 52 of 2000 s. 7) (2) Where a member of the family dies- (a) prior to an application made under section 6B(1) or 18A(1); (b) if an application under section 6B(1) has been made, prior to a Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case is issued; or (c) if a claim has been made to the Court, prior to an order for the payment of compensation has been made, the legal personal representative of the member of the family shall have no right to payment of compensation. (Replaced 52 of 2000 s. 7) (3) (Repealed 52 of 2000 s. 7) (Amended 44 of 1980 s. 15) EMPLOYEES' COMPENSATION ORDINANCE - SECT 13 Distribution of compensation VerDate:01/08/2000 (1) Compensation payable where the death of an employee has resulted from an injury, other than those which have been determined under section 6B(1)(a), 6C(1)(a) or (11), 6D(6)(b) or 6E(1)(a) or (12), shall be paid to the Court, and the Court may- (a) in the case of compensation paid under section 6(1), order any sum so paid in to be apportioned among the members of the family according to section 6A; and (b) in the case of reimbursement paid under section 6(5), order any sum so paid in to be apportioned to the persons who have paid the expenses of the funeral of the employee and the expenses of medical attendance on the employee according to section 6E(5), and the sum so apportioned shall be paid to them or be invested, applied or otherwise dealt with for their benefit in such manner as the Court thinks fit. Where, on application being made in accordance with rules made under this Ordinance, it appears to the Court that, on account of the variation of the circumstances of the various members of the family, or for any other sufficient cause, an order made under this subsection ought to be varied, the Court may make such order for the variation of the former order as in the circumstances of the case the Court may think just: Provided that no such order shall be made which requires the repayment by a dependant of any compensation already paid to him except where such payment has been obtained by fraud, impersonation or other improper means. (Amended 52 of 2000 s. 8) (2) Except where otherwise provided by or under this Ordinance, any other compensation payable under this Ordinance shall be paid to the Court, and any sum so paid shall- (Amended 76 of 1982 s. 11) (a) be paid by the Court to the person entitled thereto; or (b) if the compensation is payable under the provisions of section 7, 8 or 9 or is a lump sum payable under the provisions of section 10, be invested, applied or otherwise dealt with by the Court for his benefit in such manner as the Court thinks fit: Provided that- (i) where periodical payments are payable under the provisions of section 8(2)(b)(i) or section 10, such payments may be paid by the employer direct to the employee; and (ii) where compensation has been agreed and approved in accordance with the provisions of section 8, such compensation may be paid by the employer direct to the employee. (Amended 55 of 1969 s. 12; 36 of 1996 s. 9) (3) An employer may make a payment direct to an employee or member of the family on account of a claim which is pending settlement or determination, and the Court or, if the compensation is not paid to the Court, the Commissioner may order that the whole or any part of such payment shall be deducted from the amount of compensation payable to the employee or member of the family under the provisions of this Ordinance: (Replaced 55 of 1969 s. 12. Amended 76 of 1982 s. 11; 59 of 1988 s. 3; L.N. 435 of 1991; 63 of 1992 s. 5) Provided that no such payment shall- (a) constitute a periodical payment or an interim payment for the purposes of this Ordinance; or (b) relieve the employer of an obligation to make any periodical payment or an interim payment under this Ordinance. (Added 76 of 1982 s. 11. Amended 52 of 2000 s. 8) (4) The receipt of the Registrar of the Court shall be a sufficient discharge in respect of any amount paid to the Court under the provisions of this Ordinance. (5) No appeal shall lie from any order or direction of the Court or of the Commissioner made or given under this section. (Amended 50 of 1954 s. 5) (Amended 44 of 1980 s. 15) EMPLOYEES' COMPENSATION ORDINANCE - SECT 14 Requirements as to notice of accident and application for compensation VerDate:01/08/2000 (1) Except where otherwise provided by this Ordinance, proceedings for the recovery under this Ordinance of compensation for an injury shall not be maintainable unless notice of the accident has been given to the employer by or on behalf of the employee, in the manner hereinafter provided, as soon as practicable after the happening thereof and before the employee has voluntarily left the employment in which he was injured, and unless the application for compensation with respect to such accident (being an application to the Court by an employee under section 18A(2)) has been made within 24 months from the occurrence of the accident causing the injury or, in the case of death, within 24 months from the date of death or prior to a determination made by the Commissioner under section 6B(1)(a), whichever is the earlier: (Amended 55 of 1969 s. 13; 4 of 1978 s. 4; 76 of 1982 s. 12; 52 of 2000 s. 9) Provided that the want of, or any defect or irregularity in, a notice shall not be a bar to the maintenance of proceedings- (a) if the application is made in respect of the death of an employee resulting from an accident which occurred on the premises of the employer, or at any place where the employee at the time of the accident was working under the control of the employer or of any person employed by him, and the employee died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred; or (b) if the employer is proved to have had knowledge of the accident from any other source at or about the time of the accident, or if it is found in the proceedings for settling that claim that the employer is not prejudiced or would not, if a notice or an amended notice were then given and the hearing postponed, be prejudiced in his defence by the want, defect or irregularity, or that such want, defect or irregularity was occasioned by mistake, absence from Hong Kong, or other reasonable cause. (Amended 76 of 1982 ss. 12 & 37) (2) A notice under this section may be given either in writing or orally to the employer (or, if there is more than one employer, to one of such employers), or to any foreman or other official under whose supervision the employee is employed, or to any person designated for the purpose by the employer, and shall specify the name and address of the person injured, and shall state in ordinary language the cause of the injury and the date on which and the place at which the accident occurred. (3) Where section 24 applies, notice of an accident to an employee employed by a sub-contractor given in accordance with this section to the sub-contractor, or to any foreman or other official under whose supervision the employee is employed, or to any person designated for the purpose by the sub-contractor, shall be deemed to be notice to the principal contractor. (Replaced 76 of 1982 s. 12) (4) The Court may receive and determine any application for compensation in any case notwithstanding that the notice required by subsection (1) has not been given, or that the application has not been made in due time as required by that subsection, if it is satisfied that there was reasonable excuse for the failure so to give notice or to make an application, as the case may be. (Amended 44 of 1980 s. 15) EMPLOYEES' COMPENSATION ORDINANCE - SECT 15 Employer to report the injury to or death of an employee and method of notification VerDate:01/08/2000 (1) Notice of any accident which results in the death of the employee within 3 days after the accident shall be given in the prescribed form to the Commissioner by the employer not later than 7 days after the accident irrespective of whether the accident gives rise to any liability to pay compensation. (Replaced 64 of 1992 s. 3) (1A) Notice of any accident which results in the total or partial incapacity of the employee shall be given to the Commissioner by the employer not later than 14 days after the accident, irrespective of whether the accident gives rise to any liability to pay compensation, and shall be given- (a) in the prescribed form, if the accident results in the total or partial incapacity of the employee for a period exceeding 3 days immediately following the accident; or (b) in the form specified by the Commissioner, if the accident results in the total or partial incapacity of the employee for a period not exceeding 3 days immediately following the accident. (Replaced 67 of 1996 s. 4) (1B) If the happening of such accident was not brought to the notice of the employer or did not otherwise come to his knowledge within such periods of 7 and 14 days respectively referred to in subsections (1) and (1A) then such notice shall be given not later than 7 days or, as may be appropriate, 14 days after the happening of the accident was first brought to the notice of the employer or otherwise came to his knowledge. (Added 64 of 1992 s. 3) (1BA) Where- (a) an employer has given notice of an accident in the form specified by the Commissioner for the purposes of subsection (1A)(b); and (b) the total or partial incapacity of the employee resulting from the accident extends beyond the period referred to in that subsection, the employer shall give further notice of the accident to the Commissioner in the form prescribed for the purposes of subsection (1A)(a) not later than 14 days after the extension of the incapacity beyond the period referred to in subsection (1A)(b) was first brought to the notice of the employer or otherwise came to his knowledge. (Added 67 of 1996 s. 4) (1C) The Commissioner may, by notice in writing to an employer, require the employer to give notice to the Commissioner of an accident causing injury to an employee, being an accident- (Amended 64 of 1992 s. 3) (a) which may give rise to a liability to pay compensation; (b) to which subsections (1) and (1A) do not apply; and (Amended 64 of 1992 s. 3) (c) which does not result in the death of the employee, in the prescribed form within such period, not being less than 7 days, as is specified in the notice to the employer. (Added 76 of 1982 s. 13) (2) When the death of an employee in any circumstances other than those specified in subsection (1) is brought to the notice of, or comes to the knowledge of, his employer, the employer shall, not later than 7 days after the death, give notice thereof in the prescribed form to the Commissioner, irrespective of whether the death gives rise to any liability to pay compensation: (Amended 64 of 1992 s. 3) Provided that if the death was not brought to the notice of the employer or did not otherwise come to his knowledge within such period of 7 days then such notice shall be given not later than 7 days after the death was first brought to the notice of the employer or otherwise first came to his knowledge. (Replaced 55 of 1969 s. 14) (2A) The notice of accident referred to in subsections (1), (1A) and (2) shall contain such matters relating to the accident, the employer, the employee, any compensation agreed, paid or payable, and any matters incidental thereto as may be prescribed or, where the notice of accident is required to be given in the form specified by the Commissioner for the purposes of subsection (1A)(b), as may be specified by the Commissioner. (Replaced 67 of 1996 s. 4) (3) On receipt of a notice under subsection (1), (1A) or (2) the Commissioner may make such inquiry as he thinks fit and if it appears to him that a claim for compensation may arise in respect of- (Amended 64 of 1992 s. 3) (a) the death of the employee, he may- (i) make such inquiry as he thinks fit to ascertain whether there are any members of the family of the deceased employee; and (Amended 52 of 2000 s. 10) (ii) inform such members of the family, if any, of the reported cause and circumstances of the death of the employee and advise them of their right to compensation; or (Amended 52 of 2000 s. 10) (iii) (Repealed 52 of 2000 s. 10) (b) the incapacity of the employee, he may, if the employee so requests, make a claim for compensation on behalf of the employee. (Added 55 of 1969 s. 14) (4) In any claim for compensation under section 6 the Court may, for the purposes of section 13(1), take into consideration a written report from the Commissioner of his findings on an inquiry under subsection (3)(a)(i). (Added 55 of 1969 s. 14) (5) For the purposes of subsections (1) and (2), the death of an employee on the premises of his employer shall be deemed to be within the knowledge of such employer. (Amended 55 of 1969 s. 14; 64 of 1992 s. 3) (6) Any employer who- (a) without reasonable excuse fails to give notice as required by subsection (1), (1A), (1B) or (2) or as required by a notice of the Commissioner under subsection (1C); or (b) in or in connection with any notice given by him under subsection (1), (1A), (1C) or (2), makes any false or misleading statement or furnishes any false or misleading information, commits an offence and is liable to a fine at level 5. (Replaced 76 of 1982 s. 13. Amended 63 of 1992 s. 6; 64 of 1992 s. 3; 36 of 1996 s. 10) (7) Nothing contained in this section shall prevent any person from making a claim for compensation under this Ordinance. (Amended 44 of 1980 s. 15) EMPLOYEES' COMPENSATION ORDINANCE - SECT 16 Medical examination and treatment VerDate:30/06/1997 (1) Where an employee has given notice of an accident he shall, if the employer, before the expiry of 7 days from the time at which notice has been given, offers to have him examined free of charge by a medical practitioner named by the employer, submit himself for such examination, and any employee who is in receipt of a periodical payment under section 10 shall, if so required by the employer, submit himself for such examination from time to time. (2) The employee shall, when required, attend upon that medical practitioner at the time and place notified to the employee by the employer or that medical practitioner, provided such time and place is reasonable. (3) In the event of the employee being, in the opinion of any medical practitioner, unable or not in a fit state to attend on the practitioner named by the employer, that fact shall be notified to the employer, and the medical practitioner so named shall fix a reasonable time and place for a personal examination of the employee and shall send him notice accordingly. (4) If the employee fails to submit himself for such examination, his right to compensation shall be suspended until such examination has taken place; and if such failure extends over a period of 15 days from the date when the employee was required to submit himself for examination under subsection (2) or (3), as the case may be, no compensation shall be payable, unless the Court is satisfied that there was reasonable cause for such failure. (5) The employee shall be entitled to have his own medical practitioner present at such examination, but at his own expense. (6) Where the employee is not attended by a medical practitioner he shall, if so required by the employer, submit himself for treatment by a medical practitioner without expense to the employee. (7) If the employee fails to submit himself for treatment by a medical practitioner when so required under the provisions of subsection (6), or having submitted himself for such treatment disregards the instructions of such medical practitioner, then if it is proved that such failure or disregard was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting incapacity shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the employee had submitted himself for treatment by, and duly carried out the instructions of, such medical practitioner, and compensation, if any, shall be payable accordingly. (8) Where under this section a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension. (9) Notwithstanding the previous provisions of this section, where a claim for compensation is made in respect of the death of an employee, then if the employee failed to submit himself to examination by a medical practitioner when so required under the provisions of this section, or failed to submit himself for treatment by a medical practitioner when so required under the provisions of this section or having submitted himself for such treatment disregarded the instructions of such medical practitioner, and if it is proved that such failure or disregard was unreasonable in the circumstances of the case and that the death of the employee was caused thereby, the death shall not be deemed to have resulted from the injury, and no compensation shall be payable in respect of the injury. (Amended 44 of 1980 s. 15) EMPLOYEES' COMPENSATION ORDINANCE - SECT 16A Determination of claims in respect of injuries VerDate:01/07/2002 (1) Where- (a) a claim for compensation arises in respect of an accident causing injury to an employee that results in temporary incapacity, whether total or partial; or (b) a claim for compensation arises in respect of an accident causing injury to an employee that results in loss of earning capacity as assessed under section 16D(5), 16E(8) or (9), 16G(2) or 16GA(1), (Amended 36 of 1996 s. 11) the Commissioner may assess the compensation payable under sections 7, 9 and 10. (Replaced 59 of 1988 s. 4. Amended 36 of 1996 s. 11) (1A) Compensation shall not be assessed by the Commissioner under subsection (1) unless claim for compensation arises within 24 months after the happening of the accident. (Added 59 of 1988 s. 4) (2) Where the Commissioner assesses compensation under subsection (1) he shall issue to the employer and the employee a certificate in such form as he may specify stating the amount of the compensation and details of the assessment, and shall retain one copy of the certificate for his records. (3) An objection to the amount of compensation assessed under subsection (1) may be made in writing- (a) by the employer, the employee or the ECAFB; (b) within 14 days after- (i) in the case of the employer or employee, the date of issue of the certificate issued under subsection (2); (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 the employee, or within such further time as the Commissioner, in the circumstances of any particular case, thinks fit; (c) stating the grounds of the objection; and (d) by the objector sending a copy of the objection- (i) where the objector is the employer, to the employee; (ii) where the objector is the employee, to the employer; (iii) where the objector is the ECAFB, to the employer and the employee. (Replaced 16 of 2002 s. 33) (4) On receipt of an objection under subsection (3) the Commissioner shall- (a) if the objection relates to the assessment of the percentage of loss of earning capacity made by an Ordinary Assessment Board under section 16D(5) or by a Special Assessment Board under section 16E(8) or (9), forward a copy of the objection to the Ordinary Assessment Board or the Special Assessment Board, as the case may be, for a review under section 16G(2); and (b) after taking into account the objection and any review referred to in paragraph (a) of this subsection, confirm, vary or cancel the assessment of compensation under subsection (1). (Replaced 59 of 1988 s. 4. Amended 63 of 1992 s. 7; 36 of 1996 s. 11) (4A) (Repealed 36 of 1996 s. 11) (5) Upon completing a review under subsection (4), the Commissioner shall issue to the employer and the employee and, where applicable, the ECAFB a certificate in such form as he may specify stating- (Amended 16 of 2002 s. 33) (a) that the original assessment is confirmed and giving details thereof; or (b) details of the assessment as varied, and shall retain one copy of the certificate for his records. (6) Upon the issue of a certificate under subsection (5), the certificate issued under subsection (2) shall be cancelled. (7) A certificate purporting to be issued- (a) under subsection (2), other than a certificate cancelled under subsection (6); or (b) under subsection (5), and to be signed by or for the Commissioner shall be admitted in evidence without further proof on its production in any court, and- (i) until the contrary is proved it shall be presumed that the certificate is so issued and signed; and (ii) shall be evidence of the matters stated therein. (8) A certificate issued- (a) under subsection (2), other than a certificate cancelled under subsection (6); or (b) under subsection (5), may, on application to the Court by the employer, the employee, the ECAFB or the Commissioner, 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 in respect thereof under subsection (10). (Amended 16 of 2002 s. 33) (9) Subject to section 18, the employer shall pay to the employee within a period of 21 days after- (a) the date of issue of the certificate issued under subsection (2); or (b) where an objection is made under subsection (3), the date of issue of the certificate issued under subsection (5), the balance (if any) of the amount of compensation stated in the certificate after deducting from such amount- (i) the total sum of any periodical payments made by the employer to the employee under section 10 in respect of the injury to which the certificate relates; and (ii) any sum which the Commissioner has ordered to be deducted under section 13(3). (10) An employer who fails without reasonable excuse to comply with subsection (9) shall pay to the employee, in addition to the amount of compensation payable under that subsection- (Amended 59 of 1988 s. 4) (a) upon the expiry of the payment period, a surcharge of the percentage specified in the third column of the Sixth Schedule shown opposite section 16A(10)(a) specified in the first column of that Schedule of the amount of compensation then remaining unpaid or the amount specified in the second column of the Sixth Schedule shown opposite that section as specified, whichever is the greater; and (Amended 36 of 1996 s. 11) (b) upon the expiry of 3 months after the expiry of the payment period, a further surcharge of the percentage specified in the third column of the Sixth Schedule shown opposite section 16A(10)(b) specified in the first column of that Schedule of the amount then remaining unpaid of the aggregate of the amount of compensation referred to in paragraph (a) and the surcharge imposed under that paragraph or the amount specified in the second column of the Sixth Schedule shown opposite that section as specified, whichever is the greater. (Amended L.N. 390 of 1987; L.N. 435 of 1991; L.N. 463 of 1993; L.N. 566 of 1995; 36 of 1996 s. 11) (11) For the purposes of subsection (10) "payment period" (付款期) means the appropriate period for payment referred to in subsection (9). (12) An employer who fails without reasonable excuse to comply with subsection (9) or (10) commits an offence and is liable to a fine at level 6. (Added 59 of 1988 s. 4. Amended 36 of 1996 s. 11; 52 of 2000 s. 11) (13) For the purposes of this section "date of issue" (發出日期) means the date appearing on the certificate of assessment. (Added 63 of 1992 s. 7) (Added 76 of 1982 s. 14) "payment period" (付款期) "date of issue" (發出日期) EMPLOYEES' COMPENSATION ORDINANCE - SECT 16B Cancellation of injuries claim certificate by the Court VerDate:01/07/2002 (1) Notwithstanding anything in section 16A, the Court may, on application by the employer, the employee, the Commissioner or the ECAFB, cancel a certificate issued under section 16A(2) or (5) and make such order (including an order as to any sum already paid under the certificate) as in the circumstances the Court may think just, if it is proved that- (Amended 16 of 2002 s. 33) (a) the sum paid or to be paid was or is not in accordance with the provisions of this Ordinance; or (b) the certificate was issued in ignorance of, or under a mistake as to, the true nature or the extent of the injury; or (Amended 60 of 1986 s. 2) (c) the certificate was based upon any false or misleading information or statement given or made. (2) An application under subsection (1) shall be made within 6 months of the date of issue of the certificate in respect of which the application is made, or within such further time as the Court, in the circumstances of any particular case, thinks fit. (Added 76 of 1982 s. 14) EMPLOYEES' COMPENSATION ORDINANCE - SECT 16C (Repealed 31 of 1985 s. 4) VerDate:30/06/1997 EMPLOYEES' COMPENSATION ORDINANCE - SECT 16CA Determination of compensation by agreement in certain cases VerDate:30/06/1997 (1) Where a claim arises in respect of an accident causing injury to an employee that results in temporary incapacity, whether total or partial, for a period exceeding 3 days but not exceeding 7 days, the employer may enter into an agreement with the injured employee as to the compensation payable by him under section 10(1). (Amended 67 of 1996 s. 5) (2) Periodical payments agreed under section (1) shall be made in the manner specified under section 10(3). (3) Any lump sum agreed under subsection (1) shall be paid on or before the day immediately following such agreement on which wages would have been payable to the employee if he had continued to be employed under the contract of service or apprenticeship under which he was employed at the time of accident. (Added 64 of 1992 s. 4) EMPLOYEES' COMPENSATION ORDINANCE - SECT 16CB Cancellation of agreement by Commissioner VerDate:30/06/1997 (1) Where an agreement has been entered into under section 16CA, the Commissioner may on the application of either party to the agreement cancel the agreement if he is satisfied that- (a) the sum paid or to be paid was or is not in accordance with the provisions of this Ordinance; or (b) the agreement was entered into in ignorance of, or under a mistake as to, the true nature or extent of the injury; or (c) the agreement was obtained by such fraud, undue influence, misrepresentation or other improper means as would, in law, be sufficient ground for avoiding it. (2) An application under subsection (1) shall be made within 6 months after the date on which the parties entered into the agreement or within such further time as the Commissioner in the circumstances of any particular case thinks fit. (3) Where the Commissioner cancels the agreement under subsection (1), he shall make an assessment under section 16A of the compensation payable under section 10 and the provisions in this Ordinance affecting such assessment shall apply accordingly. (Added 64 of 1992 s. 4) EMPLOYEES' COMPENSATION ORDINANCE - SECT 16D Employees' Compensation (Ordinary Assessment) Boards VerDate:30/06/1997 (1) The Commissioner shall for the purposes of this section appoint one or more boards to be known as Employees' Compensation (Ordinary Assessment) Boards. (2) An Ordinary Assessment Board shall consist of- (a) 2 persons each of whom shall be either a medical practitioner or a registered dentist; and (b) a Senior Labour Officer or a Labour Officer. (Amended 31 of 1985 s. 5) (3) A member of an Ordinary Assessment Board shall hold office on such terms and for such period as the Commissioner may determine. (4) The Commissioner may refer to an Ordinary Assessment Board any claim for compensation for an injury to an employee of which he has notice if in the opinion of the Commissioner such injury is likely to result in permanent total or partial incapacity. (5) In respect of a claim referred to it under subsection (4), an Ordinary Assessment Board shall- (a) subject to subsection (6), assess the percentage of the loss of earning capacity permanently caused by the injury in accordance with this Ordinance; and (b) assess the period of absence from duty necessary as a result of the injury. (Replaced 63 of 1992 s. 8) (6) Where it appears to an Ordinary Assessment Board that a claim referred to it under subsection (4) is one to which section 9(1A) applies, it shall refer the claim to a Special Assessment Board. (7) A decision of an Ordinary Assessment Board, if not unanimous, shall be that of the majority of the members thereof. (8) Subject to this section, the procedure of an Ordinary Assessment Board shall be such as the Commissioner may determine. (Added 76 of 1982 s. 14) EMPLOYEES' COMPENSATION ORDINANCE - SECT 16E Employees' Compensation (Special Assessment) Boards VerDate:30/06/1997 (1) The Commissioner shall for the purposes of this section appoint one or more boards to be known as Employees' Compensation (Special Assessment) Boards. (2) Subject to subsection (4), a Special Assessment Board shall consist of- (a) one of the following, that is to say- (i) the Occupational Health Consultant; or (ii) a Senior Occupational Health Officer; or (iii) an Occupational Health Officer; (b) a Senior Labour Officer; and (c) a Labour Officer who is a member of an Ordinary Assessment Board appointed under section 16D(2). (3) A member of a Special Assessment Board referred to in subsection (2) shall hold of