TNAG-1781-FCO40-2541-Employment-in-Hong-Kong-various-ordinances-1988 — Page 47

A312

Ord. No. 59/88

EMPLOYEES' COMPENSATION (AMENDMENT)

4.

Section 16A is amended-

Determination of claims in respect of

minor injuries

(a) by repealing subsection (1) and substituting→→

"(1) Where-

(a) a claim for compensation arises in respect of an accident causing injury to an employee that results in temporary incapacity, whether total or partial; or (b) a claim for compensation arises in respect of an accident causing injury to an employee and the percentage of loss of earning capacity as assessed under section 16D(5), 16E(8) or (9), 16G(2) or 16GA(1) is not more than 5 per cent,

the Commissioner may assess the compensation payable under sections 9 and 10.

(IA) Compensation shall not be assessed by the Com- missioner under subsection (1) unless claim for compensation arises within 24 months after the happening of the accident.";

(b) by repealing subsection (4) and substituting—

"(4) On receipt of an objection under subsection (3) the Commissioner shall—

(a) if the objection relates to the assessment of the percentage of loss of earning capacity made by an Ordinary Assessment Board under section 16D(5) or by a Special Assessment Board under section 16E(8) or (9), forward a copy of the objection to the Ordinary Assessment Board or the Special Assess- ment Board, as the case may be, for a review under section 16G(2); and

(b) after taking into account the objection and, subject to subsection (4A), any review referred to in para- graph (a) of this subsection, confirm or vary the assessment of compensation under subsection (1).

(4A) Where the Ordinary Assessment Board or the Special Assessment Board, as the case may be, on a review of its assessment under section 16G(2) or 16GA(1), varies the percentage of loss of earning capacity to more than 5 per cent, the Commissioner's assessment of compensation under sub- section (1) ceases to have effect.";

(c) in subsection (10) by repealing "be liable to"; and

(d) by adding after subsection (11)—

"(12) An employer who fails without reasonable excuse to comply with subsection (9) or (10) commits an offence and is liable to a fine of $10,000.”.

Review of

assessments

5. Section 16G is amended-

@

(a) by repealing subsection (1) and substituting-