6
Notice to produce
documents, etc.
Transitional
EMPLOYEES' COMPENSATION (AMENDMENT) BILL 1988
14. Section 45C(1) is amended-
(a)
in paragraph (a) by adding "or as at a date specified in the notice" after "date of the notice"; and
(b) by adding after subsection (1)
"(1A) An employer is not required to produce anything under subsection (1)(a) in respect of a date specified by the Commissioner in his notice that is earlier than 3 years pre- ceding the date of the Commissioner's notice.".
15. Section 55 is amended by adding after subsection (2)—
of 1988)
"(3) The amendments made by sections 4(a) and (b), 5, 6, 8, 9, 10, 12 and 13 of the Employees' Compensation (Amendment) Ordinance 1988 do not apply to claims for compensation or other rights, obligations or liabilities in respect of accidents happening before the commencement of the amendments; and the provisions of this Ordinance in force immediately before the commencement of the amend- ments continue to apply to those claims, rights, obligations or liabilities as if they had not been repealed or amended by that Ordinance.".
Explanatory Memorandum
This Bill implements the recommendations which have been endorsed by the Labour Advisory Board and others that were considered necessary for the effective operation of the Ordinance. The major improve- ments to be introduced by this Bill include the expansion of the scope of the Employees' Compensation Ordinance to include a worker who is employed in Hong Kong by a Hong Kong employer and who is injured at work performed outside Hong Kong.
2. Clause 1(2) delays the commencement of those provisions of the Bill relating to the Commissioner for Labour's new jurisdiction referred to in paragraph 5 and the extended jurisdiction of the Ŏrdinance in respect of workers employed by local employers to work outside Hong Kong.
3. Clause 2 amends section 11 to require an employee employed by more than one employer to provide sufficient details of all his concurrent contracts of service to enable the employer to properly insure his risk under section 40 of the Ordinance.
4.
Clause 3 amends section 13(3)—
(a) to make it clear that an employer is authorized to make an
advance payment; and
(b) to increase from $10,000 to $20,000 the maximum advance pay- ment of compensation payable by an employer directly to an injured employee or his dependant.
5. Clauses 4(a) and (b), 5 and 6 amend sections 16A(1) and (4), 16G and 17 to give the Commissioner for Labour authority to make awards of compensation payable where the percentage of loss of earning capacity is assessed at not more than 5 per cent. The Commissioner under sec- tion 16A(1) already has jurisdiction over injuries resulting in temporary incapacity.