EMPLOYEES' COMPENSATION ORDINANCE - minor amendment

EMPLOYEES' COMPENSATION ORDINANCE - minor amendment

CHAPTER 282

EMPLOYEES' COMPENSATION

1. The Employees' Compensation Ordinance is amended-

(1) in section 16A-

(a) by repealing subsection (1) and substituting-

(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
and the percentage of loss of earning
capacity as assessed under section 16D(5),
ME(8) or (9), 16G(2) or 16GA(I) is not
more than 5%,

the Commissioner may assess the compensation
payable under sections 9 and 10. (Replaced 59 of
1988s.4)

(IA) 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)

(b) by repealing subsection (4) and substituting-

(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 1613(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, subject to subsection (4A), any review
referred to in paragraph (a) of this
subsection, confirm or vary the assessment
of compensation under subsection (1).
(Replaced 59 of 1988 s. 4)





(4A) Where the Ordinary Assessment Board or
the Special Assessment Board, as the case may be, on
a review of its assessment under section 16G(2) or
16GA(1), varies the percentage of loss of earning
capacity to more than 5%, the Commissioner's
assessment of compensation under subsection (1)
ceases to have effect.(Added 59 of 1988 s. 4)

(2) in section 16G-

(a) by repealing subsection (1) and substituting-

(1) An objection to an assessment by an
Ordinary Assessmet Board under section 16D(5) or
by a Special Assessment Board under section 16E(8)
or (9) may be made by the employer or the employee
in writing to the Commissioner within 14 days after
the date of issue to him of the relevant certificate
under section 16F, or within a further time that the
Commissioner, in the circumstances of any particular
case, thinks fit, stating the ground of the objection,
and a copy of the objection shall be sent by the
objector-

(a)where the objector is the employer, to the
employee; and

(b)where the objector is the employee, to the
employer. (Replaced 59 of 1988 s. 5)

(1A) On receipt by the Commissioner of an
objection under subsection (1)-

(a)the Commissioner shall forward a copy of
the objection to the Ordinary Assessment
Board or the Special Assessment Board, as
the case may be; and

(b)all issued certificates and proceedings in
progress under or pursuant to section 16A
are void. (Added 59 of 1988 s. 5)

(b)in subsection (2), by repealing 'an objection under
subsection (1)' and substituting 'a copy of the objection
forwarded under subsection (1A) or under section
16A(4)(a)';

(3)in section 17(1), by repealing 'to which section 16D(4) applies'
and substituting 'where the percentage of loss of earning
capacity assessed under section 16D(5), 16E(8) or (9) , 16G(2)
or 16GA(I) is more than 5%;

(4) in section 36A, in the definition of 'Director', by repealing
'Medical and Health Services' and substituting 'Health'.





2. The Employees' Compensation (Rules of Court) Rules are
amended in rule 24 by-

(a) being renumbered as paragraph (1) thereof;

(b) repealing 'in writing';

(c) adding the following-

(2) A person requesting such an order shall
lodge with the registrar of the court a notice of the
request in writing and shall forthwith serve a copy of
the notice upon the parties or the other party to the
proceedings, as the case may be. (L.N. 229 of 1986)

(3) Unless the court gives leave to the contrary,
the copy of the notice required by paragraph (2) shall
be served at least 2 clear days before the date named
in the notice for hearing the request. (L.N. 229 of
1986)

(4) Where the court refuses to make the order
requested it may order the person making the request
to pay the costs incurred by his request. (L.N. 229
of 1986)
59 of 1988 s. 5 59 of 1988 s. 6 L.N. 76 of 1989 L.N. 229 of 1986

59 of 1988 s. 5 59 of 1988 s. 6 L.N. 76 of 1989 L.N. 229 of 1986

https://oelawhk.lib.hku.hk/items/show/3774

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