TNAG-1811-FCO40-2572-Hong-Kong-Societies-(Amendment)-Ordinances-1988-1988 — Page 191

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Manner in which a claim under section 36B may be made

Compulsory insurance

against

employer's liability

Notice of insurance

Ord. No. 59/88

"Testimony of witness outside Hong Kong

Application to

an employee

EMPLOYEES' COMPENSATION (AMENDMENT)

30A. (1) Where in a proceeding under this Ordinance in relation to an injury that occurred outside Hong Kong the testimony of a witness is required, on proof that the witness cannot be found in Hong Kong a deposition, or a certified copy of it, which the witness may have previously made on oath outside Hong Kong in relation to that injury before a justice or magistrate in Her Majesty's dominions or in any place where Her Majesty exercises jurisdiction or before any British Consular Officer elsewhere is, subject to subsection (2), admissible in evidence without proof of the signature or official character of the person appearing to have signed the deposition.

(2) The person before whom the deposition was made shall sign it and certify that the witness was present at the making of the deposition.

30B. (1) In this section-

injured outside "foreign compensation" means compensation paid to an employee in respect of an injury under the law of a place outside Hong Kong where the injury occurred;

Hong Kong

(Cap. 310)

"person carrying on business" has the same meaning as in the

Business Registration Ordinance.

(2) This Ordinance also applies where personal injury by accident arising out of and in the course of employment is caused to an employee outside Hong Kong where the employee's contract of employment is entered into in Hong Kong with an employer who is a person carrying on business. in Hong Kong.

(3) Compensation payable under this Ordinance to an employee referred to in subsection (2) shall be reduced by the amount of any foreign compensation paid to him in respect of the same injury.

(4) Where foreign compensation is paid to an employee after compensation in respect of the same injury is paid under this Ordinance, the amount paid under this Ordinance, not exceeding the amount of the foreign compensation paid, shall be repaid to the employer by the employee and the amount is recoverable as a civil debt.".

11. Section 36D(2)(a) is repealed.

12. Section 40 is amended by adding after subsection (1)—

"(1A) Subsection (1) does not require an employer to obtain insurance for any liability he may have in respect of damages awarded by a court outside Hong Kong to an employee referred to in sec- tion 30B.".

13. Section 41(2) is amended by adding "or relates to an employee referred to in section 30B whose work is performed outside Hong Kong" after "employer".