42
CAP. 282]
Employees' Compensation
[1988 Ed.
Provided that the insurers shall not be under any greater liability to the employee than they would have been under to the employer.
(2) If the liability of the insurers to the employee is less than the liability of the employer to the employee, the employee may prove for the balance in the bankruptcy or liquidation, or, as the case may be, he may recover the balance from the receiver or manager.
(Amended, 6 of 1977, s. 2 and 44 of 1980, s. 15) [cf. U.K. 1925 c. 84, s. 7]
Application to persons employed on ships
29. (1) This Ordinance shall apply to masters, seamen and apprentices to the sea service who are employees within the meaning of this Ordinance and are members of the crew of a Hong Kong ship, subject to the following modifications (Amended, 44 of 1980, s. 15)
(a) the notice of accident and the claim for compensation may, except where the person injured is the master, be given to the master of the ship as if he were the employer, but where the accident happened and the incapacity commenced on board the ship it shall not be necessary for any seaman to give notice of the accident;
(b) in the case of the death of the master, seaman or apprentice, the application for compensation shall be made within 2 years after the occurrence of the death or, where the ship has been or is deemed to have been lost with all hands, within 2 years of the date on which the ship was, or is deemed to have been, so lost;
(c) whenever in the course of any legal proceeding under this Ordinance the testimony of any witness is required in relation to the subject matter of the proceeding, then, upon due proof that the witness cannot be found in Hong Kong, any deposition which the witness may have previously made on oath in relation to the same subject matter before any justice or magistrate in Her Majesty's dominions or in any place where Her Majesty exercises jurisdiction or before any British Consular Officer elsewhere and which, if the proceeding had been under the Merchant Shipping Act 1894 (1894 c. 60 U.K.), would have been admissible in such proceeding by virtue of sections 691 and 695 of that Act, shall be admissible in evidence subject to similar conditions as are laid down in the said sections 691 and 695;
(d) in case of the death of a master, seaman or apprentice leaving no dependants, no compensation shall be payable, if the owner of the ship is, under any law in force for the time being in Hong Kong relating to merchant shipping, liable to pay the expenses of burial. (Amended, 76 of 1982, ss. 22 and 37)
(2) This Ordinance shall also apply to any person, not being a master, seaman, or apprentice to the sea service, employed or engaged in any capacity on board and on or about the business of a Hong Kong ship and if he is otherwise an employee within the meaning of this Ordinance. (Amended, 44 of 1980, s. 15)
(3) [Deleted, 76 of 1982, s. 22]
F
42
CAP. 282]
Employees' Compensation
[1988 Ed.
Provided that the insurers shall not be under any greater liability to the employee than they would have been under to the employer.
(2) If the liability of the insurers to the employee is less than the liability of the employer to the employee, the employee may prove for the balance in the bankruptcy or liquidation, or, as the case may be, he may recover the balance from the receiver or manager.
(Amended, 6 of 1977, s. 2 and 44 of 1980, s. 15) [cf. U.K. 1925 c. 84, s. 7]
Application to persons employed on ships
29. (1) This Ordinance shall apply to masters, seamen and apprentices to the sea service who are employees within the meaning of this Ordinance and are members of the crew of a Hong Kong ship, subject to the following modifica- tions (Amended, 44 of 1980, s. 15)
(a) the notice of accident and the claim for compensation may, except where the person injured is the master, be given to the master of the ship as if he were the employer, but where the accident happened and the incapacity commenced on board the ship it shall not be necessary for any seaman to give notice of the accident;
(b) in the case of the death of the master, seaman or apprentice, the application for compensation shall be made within 2 years after the occurrence of the death or, where the ship has been or is deemed to have been lost with all hands, within 2 years of the date on which the ship was, or is deemed to have been, so lost;
(c) whenever in the course of any legal proceeding under this Ordinance the testimony of any witness is required in relation to the subject matter of the proceeding, then, upon due proof that the witness cannot be found in Hong Kong, any deposition which the witness may have previously made on oath in relation to the same subject matter before any justice or magistrate in Her Majesty's dominions or in any place where Her Majesty exercises jurisdiction or before any British Con- sular Officer elsewhere and which, if the proceeding had been under the Merchant Shipping Act 1894 (1894 c. 60 U.K.), would have been admissible in such proceeding by virtue of sections 691 and 695 of that Act, shall be admissible in evidence subject to similar conditions as are laid down in the said sections 691 and 695;
(d) in case of the death of a master, seaman or apprentice leaving no dependants, no compensation shall be payable, if the owner of the ship is, under any law in force for the time being in Hong Kong relating to merchant shipping, liable to pay the expenses of burial. (Amended, 76 of 1982, ss. 22 and 37)
(2) This Ordinance shall also apply to any person, not being a master, seaman, or apprentice to the sea service, employed or engaged in any capacity on board and on or about the business of a Hong Kong ship and if he is otherwise an employee within the meaning of this Ordinance. (Amended, 44 of 1980, s. 15)
(3) [Deleted, 76 of 1982, s. 22]
F
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