《LAWS OF HONG KONG HONG EMPLOYEES'COMPESATION ORDINANCE CHAPTER 282》求取 ⇩

CHAPTER 282EMPLOYEES' COMPENSATION ORDINANCE4

ARRANGEMENT OFSECTIONS4

PART ⅠPRELIMINARY4

1. Short title4

2. Meaning of "employee"4

3. Interpretation5

4. Application to employees employed under the Crown9

PART ⅡCOMPENSATION FOR INJURY10

5. Employer's liability for compensation for death or incapacity resulting from accident10

6. Compensation in fatal cases12

7. Compensation in case of permanent total incapacity12

8. Employee requiring constant attention13

9. Compensation in case of permanent partial incapacity13

10. Compensation in case of temporary incapacity15

10A. Payment of medical expenses16

10B. Determination by Commissioner of medical expenses payable17

11. Method of calculating earnings18

12. Persons entitled to compensation19

13. Distribution of compensation20

14. Requirements as to notice of accident and application for compensation21

15. Employer to report the injury to or death of an employee and method of notification22

16. Medical examination and treatment24

16A. Determination of claims in respect of minor injuries25

16B. Cancellation of minor injuries claim certificate by the Court27

16C. Notification to employer of period of temporary incapacity27

16D. Employees' Compensation (Ordinary Assessment) Boards28

16E. Employees' Compensation (Special Assessment) Boards28

16F. Certificates of assessment29

16G. Review of assessments29

16H. Certificates as evidence30

16I. Attendance of employee for purposes of assessment, etc31

17. Agreements as to compensation for certain injuries31

17A. Agreement to include surcharge provision33

17B. Cancellation of agreement by the Court34

18. Appeals to the Court34

18A. Determination of claims by the Court34

19. Review35

20. Limitation of power of employer to end or decrease periodical payments36

21. Jurisdiction of the Court36

22. Power of the Court to submit questions of law36

23. Appeals36

24. Liability in case of employees employed by sub-contractors37

25. Remedies against both employer and third party38

26. Remedies independently of Ordinance against employer40

27. Limitation of right of indemnity against third party under section 2541

28. Provision as to cases of bankruptcy of employer41

29. Application to persons employed on ships42

30. Application to persons employed on foreign ships43

31. Contracting out44

PART ⅢCOMPENSATION FOR OCCUPATIONAL DISEASES44

32. Compensation in the case of occupational disease44

33. Medical examination before employment46

34. Presumption as to cause of occupational disease46

35. Amendment of Second Schedule47

36. Saving in case of diseases other than occupational diseases47

PART ⅢAPROSTHESES AND SURGICAL APPLIANCES47

36A. Interpretation of Part ⅢA47

36B. Employer's liability to pay for the cost of supplying fitting and prosthesis or surgical appliance47

36C. Limit of employer's liability to pay under section 36B48

36D. Manner in which a claim under section 36B may be made48

36E. Employer to pay amount in 1 month unless he disputes the claim48

36F. Disputes to be determined by the Court49

36G. Application to the Court49

36H. Claim under section 36B to be made within 5 years49

36I. Employer's liability to pay for the cost of repair or renewal of prostheses or surgical appliances49

36J. Limit of employer's liability to pay under section 36I50

36K. Treatment of claims under section 36I50

36L. Payment of costs from and into general revenue50

36M. Prostheses and Surgical Appliances Board50

36MA. Attendance of employee for purposes of section 36M52

36N. Director to take steps to ensure supply, etc52

36O. Application of certain provisions52

PART ⅣCOMPULSORY INSURANCE52

37. Commencement of Part Ⅳ52

38. Interpretation52

39. Application of this Part53

40. Compulsory insurance against employer's liability53

41. Notice of insurance53

42. Certain conditions in policy to be void53

43. Conditions under which liability for payment by insurer arises54

44. Right of injured party to proceed against insurer55

45. Inspection of premises other than domestic premises55

45A. Inspection of domestic premises55

45B. Offences against sections 45 and 45A55

45C. Notice to produce documents etc56

45D. Notice of premium increases56

PART ⅤMISCELLANEOUS57

46. Compensation not to be assigned, charged or attached57

47. Deduction of insurance premiums from earnings to be an offence57

48. Contract of service not to be terminated during incapacity57

48A. Legislative Council may amend amounts of compensation etc58

49. Regulations58

50. Rules of Court58

51. Forms58

52. Regulations as to transfer of funds59

53. Offences59

54. Amendment of references in Ordinances and documents to Workmen's Compensa-tion Ordinance or Workmen's Compensation Regulations60

55. Transitional60

First Schedule.List of injuries61

Second Schedule.List of occupational diseases63

Third Schedule.Medical expenses payable by an employer in respect of an injury due to accident arising out of and in the course of employment67

Appendix68