TNAG-1781-FCO40-2541-Employment-in-Hong-Kong-various-ordinances-1988 — Page 48

EMPLOYEES' COMPENSATION (AMENDMENT)

Ord. No. 59/88

A313

"(1) An objection to an assessment by an Ordinary Assessment Board under section 16D(5) or by a Special Assessment Board under section 16E(8) or (9) may be made by the employer or the employee in writing to the Commis- sioner within 14 days after the date of issue to him of the relevant certificate under section 16F, or within a further time that the Commissioner, in the circumstances of any particular case, thinks fit, stating the ground of the objection, and a copy of the objection shall be sent by the objector-

(a) where the objector is the employer, to the employee;

and

(b) where the objector is the employee, to the employer.

(1A) On receipt by the Commissioner of an objection under subsection (1)-

(a) the Commissioner shall forward a copy of the objection to the Ordinary Assessment Board or the Special Assessment Board, as the case may be; and (b) all issued certificates and proceedings in progress

under or pursuant to section 16A are void."; and

(b) in subsection (2) by repealing “an objection under subsection (1)” and substituting "a copy of the objection forwarded under subsec- tion (1A) or under section 16A(4)(a)”.

6.

Section 17(1) is amended by repealing "to which section 16D(4) Agreements applies" and substituting "where the percentage of loss of earning capacity as to assessed under section 16D(5), 16E(8) or (9), 16G(2) or 16GA(1) is more compensation than 5 per cent".

7. Section 17A is amended-

(a) by repealing "be liable to";

for certain injuries

Agreement to include

surcharge provision

(b) by renumbering it as section 17A(1); and

(c) by adding after subsection (1)—

"(2) An employer who fails without reasonable excuse to pay compensation or a surcharge within the time required by the provision referred to in subsection (1) commits an offence and is liable to a fine of $10,000.".

Section 18(2) is amended by repealing "30 days" and substituting Appeals to the

8.

"6 months".

Court

9. Section 30 is amended-

Application to persons

(a) in subsection (1) by repealing "subsections (2), (3) and (4)” and employed on

substituting "subsections (2) and (3) and section 30A"; and

foreign ships

(b) by repealing subsection (4).

10. The following are added after section 30-

Sections added