1964_EMPLOYEES__COMPENSATION_ORDINANCE — Page 16

1988 Ed.]

Employees' Compensation

[CAP. 282

15

which he is earning, or is capable of earning, in some suitable employment or business during the period of the temporary incapacity after the accident. (Amended, 55 of 1969, s. 10 and 76 of 1982, s. 7)

(2) For the purposes of this section a period of absence from duty certified to be necessary by a medical practitioner, a registered dentist, an Ordinary Assessment Board or a Special Assessment Board shall be deemed to be a period of total temporary incapacity irrespective of the outcome of the injury. (Added, 55 of 1969, s. 10. Amended, 31 of 1985, s. 2)

(3) Periodical payments under this section shall be payable on the same days as wages would have been payable to the employee if he had continued to be employed under the contract of service or apprenticeship under which he was employed at the time of the accident:

Provided that-

(a) by agreement or by order of the Court, the periodical payments may be made at shorter intervals; and

(b) the interval between periodical payments shall not exceed 1 month. (Added, 55 of 1969, s. 10)

(4) In the event of death or permanent incapacity following a period of temporary incapacity whether total or partial, no periodical or lump sum payments paid or payable under this section shall be deducted from any amount of compensation payable under section 6, 7, 8 or 9. (Added, 55 of 1969, s. 10)

(5) An employee who has received periodical payments under this section for a period of 24 months from the date of the commencement of the temporary incapacity shall no longer be entitled to periodical payments under this section but shall be deemed to have suffered permanent incapacity and the provisions of section 7 or 9, as the case may be, shall apply to the employee. (Added, 55 of 1969, s. 10)

(6) In fixing the amount of the periodical payment, the Court shall have regard to any payment, allowance or benefit which the employee may receive from the employer during the incapacity.

(7) On the ceasing of the incapacity before the date on which any periodical payment falls due, there shall be payable in respect of that period a sum proportionate to the duration of the incapacity in that period.

(8) Where an employee in receipt of periodical payments under the provisions of this section intends to leave Hong Kong, for the purpose of residing elsewhere, he shall give notice of such intention to the Court which shall have jurisdiction to order the redemption of such periodical payments and to determine the amount to be paid: (Amended, 76 of 1982, s. 37)

Provided that any lump sum so ordered to be paid together with the periodical payments already made to the employee shall not exceed the lump sum which would be payable in respect of the same degree of incapacity under the provisions of section 7 or 9, as the case may be, if the incapacity were permanent.

(9) If an employee in receipt of periodical payments under the provisions of this section leaves Hong Kong, for the purpose of residing elsewhere, without ...