TNAG-2816-FCO40-4062-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 49

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Article 9

(b)

(c)

With effect from 1 January 1989, Section 16A (1) was amen ied S that the Commissioner for Labour may issue certificates of compensation assessment in respect of injuries involving only temporary incapacity or permanent incapacity of not more than five per cent. The timing regarding objection to the amount of compensation assessed and application to court for the cancellation of the certificate under Section 16A(2) and Section 16B respectively remained unchanged.

or

Under sestion 16G, an objection to an assessment of luss of earning capacity by an Ordinary Assessment Board

by a Special Assessment Board may be made by the employer or the injured employee within 14 days after the issue of the certificate of assessment. The boards are then required to review the assessment and to confirm or vary the assessment after such a review. In the case of the Ordinary Assessment Board, it may, instead of conducting the review, refer the claim to a Special Assessment Board for assessment.

Section 16GA provides that an Ordinary Assessment Board' or a Special Assessment Board may, on its own initiative, review its assessment within three months after the date of ¡issue of a certificate, or within such further time as the Ordinary Assessment Board or the Special Assessment Board thinks fit, if the (i) made in ignorance of or under a ! mistake as to the true nature of the injury; or (ii)

based upon any

false or misleading information or statement given, and may confirm or vary the

assessment was

assessment.

This article is applied to

Hong Kong with the following

modification :

"The employer is not liable to pay for medical, surgical or pharmaceutical aid in respect of an injury which does not incapacitate the employee for at least three consecutive days from earning his full wages."

Subject to the modification

"Medical

registered under this article, all employees covered by the ordinance are entitled to reimbursement of medical expenses for injuries arising out expenses" is defined in section 3 of the Employees' Compensation Ordinance.

of employment.

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