10
CAP. 282]
Employees' Compensation
[1988 Ed.
(b) if it is proved that the injury to an employee is attributable to the serious and wilful misconduct of that employee, or that an injury by accident arising out of and in the course of his employment is deliberately aggravated by the employee, any compensation claimed in respect of that injury shall be disallowed; except that where the injury results in death or serious incapacity, the Court on consideration of all the circumstances may award the compensation provided by this Ordinance or such part thereof as it shall think fit. (Replaced, 55 of 1969, s. 5)
(2) No compensation shall be payable under this Ordinance in respect of any incapacity or death resulting from a deliberate self-injury.
(3) No compensation shall be payable under this Ordinance in respect of any incapacity or death resulting from personal injury if the employee has at any time represented to the employer that he was not suffering or had not previously suffered from that or a similar injury, knowing that the representation was false.
(4) No compensation shall be payable under this Ordinance in respect of any injury, not resulting in death or serious and permanent incapacity, caused by an accident which is directly attributable to the employee's addiction to drugs or his having been at the time of the accident under the influence of alcohol.
(5) When an employee meets with an accident--
(a) while, with the consent of his employer, being trained in first aid, ambulance or rescue work or engaged in any competition or exercise in connection therewith;
(b) in, at or about any premises other than his employer's while, with the consent of his employer, engaged in any first aid, ambulance, or rescue work or in any competition or exercise in connection therewith; or
(c) in, at or about his employer's premises while engaged in any first aid, ambulance or rescue work,
whereby such employee sustains injury such injury shall, for the purposes of this Ordinance, be deemed to arise out of and in the course of his employment, notwithstanding that in the case of rescue work the employee was 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 when such act was done the employee reasonably acted in order to rescue, succour or protect any other person who had suffered, or who was reasonably believed to be in danger of, injury, or to avert or minimize serious damage to property of the employer. (Added, 55 of 1969, s. 5)
(5A) Where an accident happens to an employee while he is, with the express or implied permission of his employer, travelling as a passenger by any means of transport to or from his place of work, such accident shall, for the purposes of this Ordinance, be deemed to arise out of and in the course of his employment if at the time of the accident the means of transport is being operated-