TNAG-1781-FCO40-2541-Employment-in-Hong-Kong-various-ordinances-1988 — Page 71

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HONG KONG

LEGAL REPORT

EMPLOYEES' COMPENSATION (AMENDMENT) ORDINANCE 1988

(No. 59 of 1988)

Enclosure No. Z

This Ordinance amends the Employees' Compensation Ordinance mainly to extend the scope of the principal Ordinance to cover injuries sustained in the course of employment outside Hong Kong by a person employed in Hong Kong by a Hong Kong employer (sections 9 and 10). Section 12 makes it clear that employers of employees who work outside Hong Kong need not obtain insurance in respect of damages awarded by a court outside Hong Kong. Sections 13 and 14 make consequential changes in relation to the production of insurance documentation.

2.

Section 2 amends section 11 of the principal Ordinance to require an employee employed by more than one employer to provide sufficient details of all his concurrent contracts of service to enable the employer to properly insure his risk under section 40 of the principal Ordinance.

3.

Section 3 amends section 13 (3) of the principal Ordinance so that an employer can make advance payment not exceeding $20,000 direct to an injured employee or his dependants in respect of a claim which is pending settlement or determination.

4. Section 4(a) and (b) amend section 16A(1) and (4) of the principal Ordinance to give the Commissioner for Labour authority to make awards of compensation where the percentage of loss of earning capacity is assessed at not more than 5 per cent. Sections 5 and 6 make consequential amendments.

Sections 4(d) and 7(c) create new offences for failing to pay promptly to an injured employee the required compensation and surcharges.

5.

6. Section 8 amends section 18(2) of the principal Ordinance to extend the time limit for appeals to the court from 30 days to 6 months, making it the same as the time limits for applications to the court for cancellation orders under sections 16B(2) and 17B(2) of the principal Ordinance.

Section 11 deletes section 36D(2)(a) of the principal Ordinance which required the Director of Medical and Health

7.