1964_EMPLOYEES__COMPENSATION_ORDINANCE — Page 34

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Employees' Compensation

[CAP. 282

33

(6) Where the Commissioner has reason to believe that the interests of the employee require that the agreement be read over and explained to him, the Commissioner shall not signify his approval of the agreement under subsection (5)(a) until he has so read and explained it to him.

(7) For the purposes of subsection (6), the Commissioner may by notice in writing to an employee require the employee to attend on such date and at such time and place as is specified in the notice, and the provisions of section 161(2), (3), (4), (5) and (6) shall apply in respect of a notice under this subsection as they apply in respect of a notice under section 161(1).

(8) Where the Commissioner refuses to approve an agreement under subsection (5)(b), he shall notify the employer in writing of his refusal giving his reasons therefor, and at the same time may return the agreement to the employer for amendment in such manner as he may specify.

(9) An employer shall, where under subsection (8) an agreement is returned to him, take all such steps as are necessary and reasonable on his part to amend the agreement in the manner specified by the Commissioner under that subsection, and to submit the amended agreement, in triplicate, so as to reach the Commissioner within 10 days after the date on which the agreement is returned to the employer.

(10) Subsections (5), (6), (7) and (8) shall apply to an agreement submitted to the Commissioner under subsection (9).

(11) No agreement made under this section shall be binding on any party thereto until the Commissioner has signified his approval thereof in writing under subsection (5).

(12) The Commissioner shall, as soon as possible after signifying his approval to an agreement under this section, forward one copy thereof each to the employer and the employee and retain one copy for his records.

(13) Any agreement made under this section which has been approved by the Commissioner may, on application to the Court by any party thereto or by the Commissioner, be made an order of the Court.

(14) An employer who-

(a) without reasonable excuse fails to comply with subsection (1), (4) or (9); or

(b) in connection with any notification by him under subsection (2) makes any false or misleading statement or furnishes any false or misleading information,

commits an offence and is liable to a fine of $5,000.

(Replaced, 76 of 1982, s. 15)

Agreement to include surcharge provision

17A. (1) An agreement approved by the Commissioner under section 17 shall be read and construed as providing (whether or not it so provides in fact) that, where the employer fails without reasonable excuse to pay any amount of compensation within a period of 21 days after the date of the signification of the

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1988 Ed.] Employees' Compensation [CAP. 282 33 (6) Where the Commissioner has reason to believe that the interests of the employee require that the agreement be read over and explained to him, the Commissioner shall not signify his approval of the agreement under subsection (5)(a) until he has so read and explained it to him. (7) For the purposes of subsection (6), the Commissioner may by notice in writing to an employee require the employee to attend on such date and at such time and place as is specified in the notice, and the provisions of section 161(2), (3), (4), (5) and (6) shall apply in respect of a notice under this subsection as they apply in respect of a notice under section 161(1). (8) Where the Commissioner refuses to approve an agreement under subsection (5)(b), he shall notify the employer in writing of his refusal giving his reasons therefor, and at the same time may return the agreement to the employer for amendment in such manner as he may specify. (9) An employer shall, where under subsection (8) an agreement is returned to him, take all such steps as are necessary and reasonable on his part to amend the agreement in the manner specified by the Commissioner under that subsection, and to submit the amended agreement, in triplicate, so as to reach the Commissioner within 10 days after the date on which the agreement is returned to the employer. (10) Subsections (5), (6), (7) and (8) shall apply to an agreement submitted to the Commissioner under subsection (9). (11) No agreement made under this section shall be binding on any party thereto until the Commissioner has signified his approval thereof in writing under subsection (5). (12) The Commissioner shall, as soon as possible after signifying his approval to an agreement under this section, forward one copy thereof each to the employer and the employee and retain one copy for his records. (13) Any agreement made under this section which has been approved by the Commissioner may, on application to the Court by any party thereto or by the Commissioner, be made an order of the Court. (14) An employer who- (a) without reasonable excuse fails to comply with subsection (1), (4) or (9); or (b) in connection with any notification by him under subsection (2) makes any false or misleading statement or furnishes any false or misleading information, commits an offence and is liable to a fine of $5,000. (Replaced, 76 of 1982, s. 15) Agreement to include surcharge provision 17A. (1) An agreement approved by the Commissioner under section 17 shall be read and construed as providing (whether or not it so provides in fact) that, where the employer fails without reasonable excuse to pay any amount of compensation within a period of 21 days after the date of the signification of the
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#' 1988 Ed.] Employees' Compensation [CAP. 282 33 (6) Where the Commissioner has reason to believe that the interests of the employee require that the agreement be read over and explained to him, the Commissioner shall not signify his approval of the agreement under subsec- tion (5)(a) until he has so read and explained it to him. (7) For the purposes of subsection (6), the Commissioner may by notice in writing to an employee require the employee to attend on such date and at such time and place as is specified in the notice, and the provisions of section 161(2), (3), (4), (5) and (6) shall apply in respect of a notice under this subsection as they apply in respect of a notice under section 161(1), (8) Where the Commissioner refuses to approve an agreement under subsection (5)(b), he shall notify the employer in writing of his refusal giving his reasons therefor, and at the same time may return the agreement to the employer for amendment in such manner as he may specify. (9) An employer shall, where under subsection (8) an agreement is returned to him, take all such steps as are necessary and reasonable on his part to amend the agreement in the manner specified by the Commissioner under that subsection, and to submit the amended agreement, in triplicate, so as to reach the Commissioner within 10 days after the date on which the agreement is returned to the employer. (10) Subsections (5), (6), (7) and (8) shall apply to an agreement submitted to the Commissioner under subsection (9). (11) No agreement made under this section shall be binding on any party thereto until the Commissioner has signified his approval thereof in writing under subsection (5). (12) The Commissioner shall, as soon as possible after signifying his approval to an agreement under this section, forward one copy thereof each to the employer and the employee and retain one copy for his records. (13) Any agreement made under this section which has been approved by the Commissioner may, on application to the Court by any party thereto or by the Commissioner, be made an order of the Court. (14) An employer who- (a) without reasonable excuse fails to comply with subsection (1), (4) or (9); or (b) in connection with any notification by him under subsection (2) makes any false or misleading statement or furnishes any false or misleading information, commits an offence and is liable to a fine of $5,000. (Replaced, 76 of 1982, s. 15) Agreement to include surcharge provision 17A. (1) An agreement approved by the Commissioner under section 17 shall be read and construed as providing (whether or not it so provides in fact) that, where the employer fails without reasonable excuse to pay any amount of compensation within a period of 21 days after the date of the signification of the
2026-05-04 16:07:31 · Baseline
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1988 Ed.]

Employees' Compensation

[CAP. 282

33

(6) Where the Commissioner has reason to believe that the interests of the employee require that the agreement be read over and explained to him, the Commissioner shall not signify his approval of the agreement under subsec- tion (5)(a) until he has so read and explained it to him.

(7) For the purposes of subsection (6), the Commissioner may by notice in writing to an employee require the employee to attend on such date and at such time and place as is specified in the notice, and the provisions of section 161(2), (3), (4), (5) and (6) shall apply in respect of a notice under this subsection as they apply in respect of a notice under section 161(1),

(8) Where the Commissioner refuses to approve an agreement under subsection (5)(b), he shall notify the employer in writing of his refusal giving his reasons therefor, and at the same time may return the agreement to the employer for amendment in such manner as he may specify.

(9) An employer shall, where under subsection (8) an agreement is returned to him, take all such steps as are necessary and reasonable on his part to amend the agreement in the manner specified by the Commissioner under that subsection, and to submit the amended agreement, in triplicate, so as to reach the Commissioner within 10 days after the date on which the agreement is returned to the employer.

(10) Subsections (5), (6), (7) and (8) shall apply to an agreement submitted to the Commissioner under subsection (9).

(11) No agreement made under this section shall be binding on any party thereto until the Commissioner has signified his approval thereof in writing under subsection (5).

(12) The Commissioner shall, as soon as possible after signifying his approval to an agreement under this section, forward one copy thereof each to the employer and the employee and retain one copy for his records.

(13) Any agreement made under this section which has been approved by the Commissioner may, on application to the Court by any party thereto or by the Commissioner, be made an order of the Court.

(14) An employer who-

(a) without reasonable excuse fails to comply with subsection (1), (4) or

(9); or

(b) in connection with any notification by him under subsection (2) makes any false or misleading statement or furnishes any false or misleading information,

commits an offence and is liable to a fine of $5,000.

(Replaced, 76 of 1982, s. 15)

Agreement to include surcharge provision

17A. (1) An agreement approved by the Commissioner under section 17 shall be read and construed as providing (whether or not it so provides in fact) that, where the employer fails without reasonable excuse to pay any amount of compensation within a period of 21 days after the date of the signification of the

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