EMPLOYEES' COMPENSATION REGULATIONS

EMPLOYEES' COMPENSATION REGULATIONS

EMPLOYEES' COMPENSATION REGULATIONS

(Cap. 282, section 49)

[1 December 1953.]

1. These regulations may be cited as the Employees' Compensation
Regulations.

2. In these regulations

'Schedule' means a Schedule to these Regulations;

'the Ordinance' means the Employees' Compensation Ordinance.

3. The notice of an accident required by section 14 of the
Ordinance to be given to an employer by or on behalf of an employee if
given in writing may be in Form 1 in the Schedule where the accident
caused personal injury and in Form 1A in the Schedule in the case of
incapacity or death due to an occupational disease.

4. Notice of an accident required by section 15 of the Ordinance to
be given by an employer to the Commissioner for Labour shall be in
writing and

(a)if the notice is required under subsection (1) or (2) of that
section, shall be in Form 2 in the Schedule where the accident
caused personal injury and in Form 2A in the Schedule in the
case of incapacity or death due to an occupational disease;
and

if the notice is required under subsection (IA) of that section,
shall be in Form 2 in the Schedule.

5. Where

(a)

a certificate stating the amount of compensation payable by
an employer has been issued under section 16A(2) or (5) of
the Ordinance and it is desired to proceed in accordance with
section 16A(8) of the Ordinance; or

(b)an agreement in writing between an employer and an
employee as to the compensation payable by the employer
has been approved by the Commissioner for Labour under
section 17(5) of the Ordinance and it is desired to proceed in
accordance with section 17(13) of the Ordinance,

the details of such certificate or agreement shall be given in Form 3 in
the Schedule and lodged with Registrar of the Court.

6. Save as is otherwise specially provided in the Ordinance or these
regulations every notice required by the Ordinance or these regulations
may be given by delivering the same at, or sending it by registered post
to, the last known residence or place of business or employment of the
person to whom it is to be given.







7. The forms contained in the Schedule or forms to the like effect
shall be used with such variations and modifications as the
circumstances may require.

SCHEDULE

FORM 1

EMPLOYEES' COMPENSATION ORDINANCE
(Chapter 282)

NOTICE OF ACCIDENT BY OR ON BEHALF OF
EMPLOYEE

To: (1) %

Notice is hereby given that 12)
..............................................................................

on the (3) day of
.........................met with an accident causing his (-)

and that the cause of the injury/death was (6)
..............................................................

[reg. 7.1

[reg. 3.1

And notice is hereby further given that in consequence thereof compensation
is claimed from you.

Dated this ...........day of 19

(7)

(1) Name and address of the employer or principal
contractor.
(2) Full name and address of the employee.
(3) Date of accident.
(4) Place of the accident.
(5) Whether disablement or death.
(6) State in plain and ordinary terms the cause of the
injury or death.
(7) Signature and address of person giving the notice.














FORM 1A

EMPLOYEES' COMPENSATION ORDINANCE
(Chapter 282)

NOTICE BY OR ON BEHALF OF EMPLOYEE OF INCAPACITY

OR DEATH DUE TO OCCUPATIONAL DISEASE

To: (1) ...................................................................................

[reg. 3.]










Notice is hereby given that (2)

on the (3) ........day of 19 was found to be suffering from

the following occupational disease
...........

............. believed to be due to his employment by you upon the
following work (4)

resulting in the death/partial/total incapacity of a permanent/temporary/naturels of
the employee. *

And notice is hereby further given that in consequence thereof compensation
is claimed from you.

Dated this ...day of 19

(6)

..................

(3) Name and address of the employer or principal contractor.
(2) Full name and address of the employee.
(3) Date upon which disease is said to have been discovered.
(4) State nature of the work which is said to have caused the occupational disease.
(5) Delete whichever is inapplicable.
(6) Signature, name and address of person giving the notice.






FORM 2



[reg. 4.]


EMPLOYEES' COMPENSATION ORDINANCE, CAP. 282


SECTION 15


NOTICE BY EMPLOYER OF THE DEATH OF AN EMPLOYEE OR OF AN ACCIDENT
TO AN EMPLOYEE RESULTING IN DEATH OR INCAPACITY

(To be completed and returned in the Labour Department WITHIN DUPLICATE WITHIN 7 DAYS of the accident
accident or within such period of time as required by the Commissioner for Labour. An employer who fails to do so
may be prosecuted.)

To the Commissioner for Labour Hong Kong.


Name of injured employee (Surname first)


Address of injured employee


Sex Age Identity Card Number


Date of Accident Residential Telephone

Number

An apprentice? Did th accident occur in the course of work?


Yes/No. Result of accident: Injury/Death.


Occupation


Yes/No*

Nature of injury-amputation* /fracture /contusion /laceration /burn*/others* (please specify)

Part of body injured-hand*/leg*/head*/others* (please specify) Name of hospital or clinic where injured
employee received treatment

Describe how the accident happened

Address of the place of accident

Please state whether the place of accident
is an industrial type building, site, godown,
on board a ship, etc.








If accident is due to machinery, state:
'

Type of machine Was the machinery power-driven? Yes/No.

Part of machine causing injuryWas the machinery in motion? Yes/No*


Name of employing Add ss of employing company/ Telephone Trade

company/person person Number


sub-
contracto
r

Name and address of principal contractor if employer is a sub contractor Telephone Number of principal
' contractor

If accident resulted in death, state: Police not notified/notified* at Station








Name of next-of-kin


Address of next-of-kin


Relationship with employee it

Telephone Number
Number


Average number of days per week/month* worked Paid rest day? Yes/No.


The total earnings for the month immediately preceding the date of accident were $ ...............................................



Details are as follows:-
Basic salary/wages

*Regular overtime



*Regular tips/commission



*Additional allowance or bonus of a constant nature



*Value of free food provided by employer



*Value of free accommodation provided by employer



$ .........../day/week/month*

$ .........../day/week/month*
$ .........../day/week/month*

.................................. /day/week/month*

$ .........../day/week/month*


$

/day/week/month*



The total average monthly earnings of the employee for the past 12 months (or total period of employment, if less
than 12 months) preceding the accident were $ .. .. .........................................................









Was the employer insured against liabilities under the Employees' Compensation Ordinance
at the time of accident?

Name and address of insurance company


Yes/No.

Policy Number

Number of Business Registration Certificate of the employing company (if such certificate is not available, the
identity card number of the employer)

I declare that the information given above is, to the best of my knowledge, true and accurate.


Signature:

Name (in block letters). It


Position.. *Sole proprietor/Partner/Manager/Officer

(Chop of company)Date:






FORM 2A


[reg. 4.]


EMPLOYEES' COMPENSATION ORDINANCE, CAP. 282

SECTION 15

NOTICE BY EMPLOYER OF THE DEATH OR INCAPACITY OF AN EMPLOYEE
DUE TO OCCUPATIONAL DISEASE

(To be completed and returned in DUPLICATE to the Labour Department WITHIN 7 DAYS of the employee
incapacity or death or within such period of time as required by the Commissioner for Labour. An employer who
fails to do so may be prosecuted.)


To the Commissioner for Labour, Hong Kong.

Name of employee (Surname fiat) Sex Age Identity Card Number

Address of employee Residential Telephone
Number

occupation


Disease suffering from

.. .... .........................................................

Types of work attributed to the occupational Name of hospital or clinic where employee received
disease:- treatment

The occupational disease resulted in death/partial/total. incapacity of a permanent/temporary* nature
Rem a
Name of employing Address of employing company/ Telephone Trade

company/person person Number A
Name and address of principal contractor if employer is a sub-contractor Telephone Number of principal
contractor

An apprentice? Duration of employment

Yes/No* From ....to



Date of onset of the occupational disease

If death is resulted, state: Police not notified/notified* at Station
nag : ...........................

Name of next-of-kin Relationship with employee

Address of next-of-kin Telephone Number

Average number of days per week/month* worked Paid rest day? Yes/No.







The total earnings for the month immediately preceding the date of the employee's incapacity or death

were $ ........................................................


Details are as follows:-

Basic salary/wages


*Regular overtime


*Regular tips/commission


*Additional allowance or bonus of a constant nature


*Value of free food provided by employer


*Value of free accommodation provided by employer


5 ...../day/week/month*



$ ..............................

/day/week/month*


$ ............................



/day/week/month.

$ .................................







/day/week/month.


/day/week/month.

......................

/day/week/month*

....................................


The total average monthly earnings of the employee for the past 12 months (or total period of employment, if less
than 12 months) preceding the employee's incapacity or death were $ .....................................................

............
...................... .. ..
..

Was the employer insured against liabilities under the Employees' Compensation Ordinance

at the time of the employee's incapacity or death? Yes/No*

Name and address of insurance company Policy Number

Number of Business Registration Certificate of the employing company (if such certificate is not available, the
identity card number of the employer)

I intend/do not intend* to dispute the employee's claim to compensation on the following grounds:

I declare that the information given above is, to the best of my knowledge, true and accurate


(Chop of company)

applicable

Signature:

Name (in block letters): ..........................................

Position: *Sole proprietor/Partner/Manager/Officer
Date: .................................................






FORM 3

EMPLOYEES' COMPENSATION ORDINANCE

(Chapter 282)

DETAILS OF CERTIFICATE OR AGREEMENT AS TO THE AMOUNT OF
COMPENSATION PAYABLE BY THE EMPLOYER

[reg. 5.]

(This form must be completed and lodged with the Registrar of the
Court by the party who desires the certificate or agreement to be
made an order of the Court)

1. Name, address and business of employer
............................................................

2.......................(a) Name and address of employee

(b) Occupation (1)
(c) Age .............(d) Sex *

(e) Compensation already received in respect of this accident (if any) ..............

3......................................(a) Date of accident

(b) Cause of accident
.........................................................................................

(c) Nature and circumstances of injury (2)
.........................................................

4......................................Contract of employment (3) .

5. Date of certificate or agreement .

6. Amount of compensation determined by the Commissioner for Labour or

agreed upon bv the ernDlover and employee (4)
...................................................

(a) Amount payable in a lump sum
...................................................................
(b) Amount and period of periodical payments ................................................

(c) To whom payable
........................................................................................

7. Date of the Commissioner for Labour's issue of certificate or approval of the

agreement as to compensation
............................................................................

......................................

8. Anyother
information.......................................................................................





1 . .................do solemnly and sincerely declare

that the foregoing particulars stated are true and 1 make this solemn declaration con-
scientiously believing the same to be true and by virtue of the provisions of the
Oaths
and Declarations Ordinance.

.. .

Signature of applicant.

Declared at ......in Hong Kong this day of

Before me,

.................................................................

Justice of the Peace, Notary Public,
or Commissioner for Oaths.

(1)Full details of the nature of the work and duties on which the employee was employed at the date of the
accident.

(2)Give full details and state whether incapacity is total or partial, permanent or temporary. 11 partial, the degree,
and, if temporary, the period of actual or estimated incapacity must be given.

(3)The monthly earnings must be stated, specifying the value of food, fuel or quarters if the employee has been
deprived thereof as a result of the accident. (See sections 3 and 11 of the Ordinance.)

(4)Copy of certificate or agreement as determined or approved by the Commissioner for Labour must be attached.







1987 Ed.] Employee's Compensation Regulations
G.N.A. 161/53. G.N.A. 171/53. L.N. 45/65. L.N. 63/70. L.N. 111/70. L.N. 161/70. L.N. 162/70. 44 of 1980. L.N. 11/81. L.N. 208/83. L.N. 40/87. Citation. 44 of 1980, s. 15. Interpretation. (Cap. 282.) Notice of accident. L.N. 45/65. 44 of 1980, s. 15. Form 1. Form 1A. Notice of accident. L.N. 208/83. Form 2. Form 2A. Form 2. Certificate or agreement as to compensation payable L.N. 208/83. Form 3. Delivering of notice. Forms Schedule. L.N. 208/83. L.N. 40/87. L.N. 40/87.

G.N.A. 161/53. G.N.A. 171/53. L.N. 45/65. L.N. 63/70. L.N. 111/70. L.N. 161/70. L.N. 162/70. 44 of 1980. L.N. 11/81. L.N. 208/83. L.N. 40/87. Citation. 44 of 1980, s. 15. Interpretation. (Cap. 282.) Notice of accident. L.N. 45/65. 44 of 1980, s. 15. Form 1. Form 1A. Notice of accident. L.N. 208/83. Form 2. Form 2A. Form 2. Certificate or agreement as to compensation payable L.N. 208/83. Form 3. Delivering of notice. Forms Schedule. L.N. 208/83. L.N. 40/87. L.N. 40/87.

https://oelawhk.lib.hku.hk/items/show/3105

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