38
CAP. 282]
Employees' Compensation
[1988 Ed.
(3) An employee employed by a sub-contractor may issue a written request to the sub-contractor to supply to the employee the name and address of the principal contractor.
(4) A sub-contractor shall within 7 days after the date of issue of a written request under subsection (3)—
(a) supply to the employee the name and address of the principal contractor; and
(b) deliver a copy of the written request to the principal contractor.
(5) A sub-contractor who without reasonable excuse fails to comply with subsection (4) commits an offence and is liable to a fine of $5,000.
(6) An employee shall, before making any claim or application by virtue of this section against a principal contractor, serve on the principal contractor a notice in writing stating-
(a) the name and address of the employee;
(b) the name and address of the sub-contractor by whom he is employed;
(c) the address of the place of employment of the employee;
(d) the particulars of the accident and the injury suffered; and
(e) the amount of compensation to be claimed.
(7) Where a claim or application is made by virtue of this section against a principal contractor, the principal contractor shall give notice thereof to the sub-contractor specified in the notice served on the principal contractor under subsection (6), who shall thereupon be entitled to intervene in any application made against the principal contractor.
(8) Nothing in this section shall be construed as preventing an employee recovering compensation under this Ordinance from a sub-contractor instead of the principal contractor.
Remedies against both employer and third party
(Replaced, 76 of 1982, s. 19)
25. (1) Where the injury in respect of which compensation is payable was caused in circumstances creating a legal liability in some person other than the employer (in this section referred to as the third party) to pay damages to the employee in respect thereof
(a) the employee may both claim compensation under this Ordinance and take proceedings against the third party in the High Court or, subject to the provisions of the District Court Ordinance (Cap. 336) relating to the limits of jurisdiction, in the District Court to recover damages:
Provided that where any such proceedings are instituted the court in which the action is tried shall, in awarding damages, have regard to the amount which, by virtue of paragraph (b), has become or is likely to become payable to the employer by the third party; and
(b) the employer by whom compensation is payable, and any person who may be called upon to pay an indemnity under section 24 in the case of