W
L
!
Three copies of the
Bankruptcy Ordinance are attached herewith and copies of the Companies Ordinance had been attached to the report on this convention for the period ending 30 June 1985.
Legislation · to provide for compulsory insurance for all employment was enacted on 22 December 1982 and became effective on 1 January 1984. The provisions on compulsory insurance require all employers to insure against their full amount of statutory and common law liabilities payable only in respect of injuries caused to their employees by accidents arising out of and in the course of employment. Employers are required under the crdinance to take out insurance policies with private insurance companies. The labour inspectors of the Labour Department are responsible for checking employers' compliance with the compulsory insurance provisions. By virtue of the Insurance Companies Ordinance, Chapter 41, the carrying on of insurance business in Hong Kong is restricted to financially, competent institutions. Copies of the Insurance Companies Ordinance had been attached to the report on this convention for the period ending 30 June 1985.
*
For the few cases in which injured employees or dependants of deceased employees have been unable to obtain employees' compensation due
the employer's failure to take out insurance policies, partial relief. is provided for under a charitable fund known as the Brewin Trust Fund.
to
•
J31
Action is being taken to set up an Employees' Compensation.. Assistance Scheme by law to receive claims and to make payments in defaulted cases in respect of accidents arising out of and in the course of employment occurring on or after 1 January 1984. Payments would include both statutory compensation under the ordinance and any common law or other damages awarded by a court in Hong Kong. To fund the scheme, a levy would be imposed on employees' compensation insurance premia paid by employers. Drafting of the necessary legislation is in progress.
QUESTION III
accident.
All occupational accidents involving personal injury or death of an employee within the scope of the Employees' Compensation Ordinance must be reported to the Commissioner for Labour within seven days of the
Furthermore, in
accordance with the Factories and Industrial Undertakings Regulations, all accidents involving serious injury or death of an employee in an industrial undertaking must be reported orally or in writing by the proprietor of the undertaking within 24 hours after the accident or death or, in case of incapacity for more than three consecutive days, within seven days of the accident. Copies of the Regulations had been attached to the report on this convention for the period ending 30 June 1985.
Preliminary investigations are made into the circumstances of the accident, the extent of the injury, and, in fatal cases, the names, addresses, and circumstances of the dependants, by officers of the Employees' Compensation Division, the Factory Inspectorate Division and the Occupational Health Division of the Labour Department.