1969-HKRS28-8-36_Part03 — Page 43

Amendment of section 13.

to

(b) where compensation has been agreed and approved in accordance with the provisions of section 16. the Commissioner may direct in writing that the compensation shall be paid by the employer direct to the workman.";

(b) by deleting subsection (3) and substituting the follow-

ing-

"(3) Nothing in this section shall prevent an employer from making any payment not exceeding one thousand dollars direct to a workman or depend- ant on account of a daim which is pending settle- ment or determination, and the Court or, if the compensation is not paid to the Court, the Commis- sioner may order that the whole or any part of such payment shall be deducted from the amount of com- pensation payable to the workman or dependant under the provisions of this Ordinance.”.

13. Section 13 of the principal Ordinance is amended-

(a)

in subsection (1), by deleting "six" wherever it occurs and substituting in each case the following—

"twelve"; and

(6) by inserting, after subsection (2), the following new sub-

section-

Amendment of

14.

section 14.

(a)

"(2A) Where section 23 applies, notice of an accident to a workman employed by a contractor given in accordance with the provisions of this sec- tion to the contractor, or to any foreman or other official under whose supervision the workman is employed, or to any person designated for the purpose by the contractor, shall be deemed to be notice to the principal.".

Section 14 of the principal Ordinance is amended-

by deleting subsections (1) and (2) and substituting the following

"(1) Notice of any accident which results-

(a) in the death of the workman within three

days after the accident; or

(b) in the total or partial incapacity of the workman for a period exceeding three days immediately following the accident,

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shall be given in the prescribed form to the Com- missioner by the employer not later than seven days after the accident irrespective of whether the acci- dent gives rise to any liability to pay compensation:

Provided that if the happening of such accident was not brought to the notice of the employer or did not otherwise come to his knowledge within such period of seven days then such notice shall be given not later than seven days after the happening of the accident was first brought to the notice of the employer or otherwise first came to his knowledge.

(2) When the death of a workman in any cir- cumstances other than those specified in paragraph (a) of subsection (1) is brought to the notice of, or comes to the knowledge of, his employer, the employer shall, not later than seven days after the death, give notice thereof in the prescribed form to the Commissioner, irrespective of whether the death gives rise to any liability to pay compensation:

Provided that if the death was not brought to the notice of the employer or did not otherwise come to his knowledge within such period of seven days then such notice shall be given not later than seven days after the death was first brought to the notice of the employer or otherwise first came to his knowledge.

(2A) On receipt of a notice under subsection (1) or (2) the Commissioner may make such inquiry as he thinks fit and if it appears to him that a claim for compensation may arise in respect of-

(a) the death of the workman, he may-

(i) make such inquiry as he thinks fit to ascertain whether there are any dependants of the deceased workman and, if so, the degree of their dependency;

(ii) inform such dependants, if any, of the reported cause and circumstances of the death of the workman and advise them of their right to compensation; and

(ii) if such dependants, or any of them, so wish, make a claim for compensation on their behalf: or

(b) the incapacity of the workman, he may, if the workman so requests, make a claim for compensation on behalf of the workman.