1969-HKRS28-8-36_Part03 — Page 44

Amendment of section 16.

Amendment of section 18.

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(2B) In any claim for compensation under sec- tion 6 the Court may, for the purposes of subsection (1) of section 12, take into consideration a written report from the Commissioner of his findings on an inquiry under sub-paragraph (1) of paragraph (a) of subsection (2A)."; and

(b) in subsection (3), by adding after "purposes of the

following-

"paragraph (2) of subsection (1) and”.

15. Section 16 of the principal Ordinance is amended, in sub- section (5), by deleting "three" and substituting the following--

**six”.

16. Section 18 of the principal Ordinance is amended by deleting subsection (2) and substituting the following-

"(2) Subject to the provisions of this Ordinance, any periodical payment may, on review under this section, be continued, increased, diminished, converted to a lump sum, or ended. If the accident is found to have resulted in per- manent incapacity, the provisions of section 7 or 8 shall apply. as the case may be.".

17. Section 19 of the principal Ordinance is amended-

Amendment of section 19.

(a)

by inserting, after "subsection" in the first place where it occurs, the following-

"(D) or": and

(b) by inserting, after “Court", the following-

"or an agreement made under section 16".

Section 20 of the principal Ordinance is amended-- by being renumbered as subsection (1) thereof; and

(6) by inserting the following new subsection...

Amendment of section 20.

18.

(a)

Repeal and replacement of section 24.

"(2) The Court shall have jurisdiction to bear and determine any action notwithstanding that the amount claimed exceeds ten thousand dollars.".

19. Section 24 of the principal Ordinance is repealed and replaced by the following new section-

"Remedies

against both employer and third party.

24. (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

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party) to pay damages to the workman in respect thereof-

(a) the workman may both claim compensation under this Ordinance and take proceedings against the third party in the Court to recover damages :

Provided that where any such procee- dings are instituted the Court shall, in awarding damages, have regard to the amount which, by virtue of the provisions of paragraph (B), has or is likely to become payable to the employer by the third party; and

(6) the employer by whom compensation is payable, and any person who may be called on to pay an indemnity under section 23 relating to liability in case of a workman employed by a contractor, shall have a right of action against the third party for the recovery of the compensation or indemnity he is obliged to pay as the result of the accident, and may exercise such right either by joining in an action begun by the work- man against the third party or by instituting separate proceedings:

Provided that the amount recoverable under this paragraph shall not exceed the amount of damages, if any, which in the opinion of the Court would have been awarded to the workman but for the pro- visions of this Ordinance.

(2) A workman shall, before instituting pro- ceedings for damages under subsection (1), in writing notify the employer of his intention to do so and shall likewise notify the employer if he decides to abandon such proceedings or to relinquish or settle his claim for damages, and shall in connexion with any such notification furnish such particulars as the employer may require, and no proceedings in the Court to recover damages against a third party may be instituted by a workman until be has so notified the employer of his intention to institute such pro- ceedings and unless he has lodged a claim for com- pensation.