A
1988 Ed.}
Employees' Compensation
[CAP. 282
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Application to employees employed under the Crown
4. (1) This Ordinance shall apply to employees employed by or under the Crown in the same way and to the same extent as if the employer were a private person, except in the case of-
(a) members of the armed forces of the Crown; and
(b) persons in the civil employment of Her Majesty, otherwise than in Her Government of Hong Kong, who have been engaged in a place outside Hong Kong.
Provided that this Ordinance shall not apply in the case of an employee in the service of the Government of Hong Kong where, in consequence of injury received by any such employee in the discharge of his duties, a pension or gratuity which would not be payable if such injury were received otherwise, is paid to him or, in the case of his death, to any of his dependants as defined in this Ordinance, under any Ordinance or regulation providing for the grant of such pension or gratuity. (Replaced, 50 of 1954, s. 3.
(Replaced, 50 of 1954, s. 3. Amended, 11 of 1958, s. 4; 55 of 1969, s. 4; 44 of 1980, s. 15 and 76 of 1982, s. 37)
(2) The exercise and performance of the powers and duties of any public body shall for the purposes of this Ordinance, unless a contrary intention appears, be deemed to be the trade or business of such public body. (Added, 55 of 1969, s. 4)
PART II
COMPENSATION FOR INJURY
I
(Added, 19 of 1964, s. 4)
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Employer's liability for compensation for death or incapacity resulting from accident
5. (1) If, in any employment, personal injury by accident arising out of and in the course of the employment is caused to an employee, his employer shall, subject as hereinafter provided, be liable to pay compensation in accordance with the provisions of this Ordinance and, for the purposes of this Ordinance, an accident to an employee shall be deemed to arise out of and in the course of his employment, notwithstanding that the employee was at the time when the accident happened acting in contravention of any statutory or other regulation applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if such act was done by the employee for the purposes of and in connection with his employer's trade or business: (Amended, 55 of 1969, s. 5)
Provided that--
(a) the employer shall not be liable under this Ordinance in respect of any injury, other than an injury which results in partial incapacity of a permanent nature, which does not incapacitate the employee for a period exceeding 3 consecutive days from earning full wages at work at which he was employed; and (Amended, 76 of 1982, s. 4)
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