TNAG-1355-FCO40-1796-Constitutional-development-in-Hong-Kong-1985 — Page 159

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Addition of new section 16GA.

Amendment of section 16H.

Ord. No. 31/85

EMPLOYEES' COMPENSATION (AMENDMENT)

7. The principal Ordinance is amended by adding after section 16G the following-

"Review of

assessments other than under section 16G.

8.

16GA. (1) Without prejudice to section 16G, an Ordinary Assessment Board or a Special Assessment Board may, on its own initiative, review its assessment under section 16D(5) or section 16E(8) or (9), as the case may be, within 3 months after the date of issue of a certificate under section 16F, or within such further time as the Ordinary Assessment Board or the Special Assessment Board, in the circumstances of any particular case, thinks fit, if the

assessment-

(a) was made in ignorance of, or under a mistake as to, the true

nature of the injury; or

(b) was based upon any false or misleading information or

statement given or made,

and may confirm or vary the assessment.

(2) An Ordinary Assessment Board or a Special Assessment Board may review its assessment under subsection (1) and at the same time take into account any objection under section 16G(1).

(3) Before proceeding with a review under subsection (1), the Ordinary Assessment Board or the Special Assessment Board, as the case may be, shall notify the employer, the employee and the Commissioner in writing of the review and the ground of the review specified in subsection (1), and (where applicable) that an objection under section 16G(1) is being taken into account.

(4) Upon completing a review under subsection (1) or (2), the Ordinary Assessment Board or the Special Assessment Board, as the case may be, shall issue to the employer, the employee and the Commissioner a certificate in such form as may be specified by the Commissioner stating-

(a) that the original assessment is confirmed and giving details

thereof; or

(b) details of the assessment as varied.

(5) Upon the issue of a certificate under subsection (4), the certificate referred to in subsection (1) shall be cancelled.

(6) Notwithstanding anything in subsection (1), (2), (4) or (5), where upon a review of an assessment by an Ordinary Assessment Board under subsection (1) or (2), it appears to the Ordinary Assessment Board that the claim for compensation to which the assessment relates is one to which section 9(1A) applies, it shall not complete the review but shall refer the claim to a Special Assessment Board.

(7) The provisions of sections 16E and 16F and of this section shall apply to a claim referred to a Special Assessment Board under subsection (6) of this section as if it were a claim referred to a Special Assessment Board under section 16D(6).

(8) Upon the issue by the Special Assessment Board of a certificate under section 16F in respect of a claim referred to it under subsection (6) of this section, the certificate issued under section 16F in respect of the claim by the Ordinary Assessment Board shall be cancelled.".

Section 16H of the principal Ordinance is amended—

(a) in paragraph (a), by inserting after “(7)” the following—

"or section 16GA(5) or (8)"; and

EMPLOYEES' COMPENSATION (AMENDMENT)

Ord. No. 31/85

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(b) in paragraph (b), by inserting after “16G(3)” the following—

"or section 16GA(4)”.

9.

Section 17 of the principal Ordinance is amended- (a) in subsection (1), by deleting "16C or"; and

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

"(3) For the purposes of subsections (1) and (2) “relevant date"

means-

(a) the date of issue to the employer of the relevant certificate of

assessment under section 16F;

(b) where an objection to the assessment is made under section 16G(1), the date of issue to the employer of the relevant certificate under section 16G(3) or of a further certificate under section 16F, as the case may be; or

(c) where a review of an assessment is made under section 16GA(1) or (2), the date of issue to the employer of the relevant certificate under section 16GA(4) or of a further certificate under section 16F, as the case may be:

Provided that in the case of a claim for an injury in respect of which a notice has been served on a principal contractor by the employee under section 24(6), the relevant date shall be the date determined in accordance with paragraph (a), (b) or (c), as the case may be, or the date of service of the notice under section 24(6), whichever date is the later.".

10. Section 18 of the principal Ordinance is amended—

(a) in subsection (1), by deleting “16C, 16D, 16E or 16G” and substituting the

following

“16D, 16E, 16G or 16GA”; and

(b) in subsection (2), by deleting "or 16G, or the date of the notification under

section 16C" and substituting the following-

‘, 16G or 16GA”.

Amendment of section 17.

Amendment of section 18.

11. Section 18A(2) of the principal Ordinance is amended in paragraph (b) of Amendment of

the proviso by deleting "16C or".

section 18A.

12. Section 48(1) of the principal Ordinance is amended in paragraph (i) by Amendment of deleting "or registered dentist" and substituting the following—

", a registered dentist, an Ordinary Assessment Board or a Special Assessment Board".

Passed by the Hong Kong Legislative Council this 12th day of June 1985.

LI Wing,

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LI Wing,

Clerk to the Legislative Council.

section 48.