1988 Ed.]
Employees' Compensation
[CAP. 282
43
(4) In this section-
"Hong Kong ship" includes-
(a) any ship or vessel registered or licensed in Hong Kong and any other British ship or vessel the working of which is managed by a person who resides or has his principal place of business in Hong Kong; and
(b) any ship or vessel not forming part of Her Majesty's Navy which is owned by Her Majesty in respect of Her Government of Hong Kong, or the working of which is managed by the armed forces of the Crown in Hong Kong;
(Amended, 50 of 1954, s. 6 and 76 of 1982, s. 37)
"ship", "vessel", "seaman" and "master" shall have the respective meanings ascribed to them by the Merchant Shipping Act 1894 (1894 c. 60 U.K.).
Application to persons employed on foreign ships
30. (1) If the employer submits or has agreed to submit to the jurisdiction of the Court, then, notwithstanding that the accident causing the personal injury occurred outside Hong Kong, this Ordinance shall apply, subject to the modifications in subsections (2) and (3) and section 30A, to seamen and apprentices to the sea service who are employees within the meaning of this Ordinance and, having been recruited or engaged in Hong Kong, are members of the crew of a foreign ship.
(Amended, 44 of 1980, s. 15 and 59 of 1988, s. 9)
(2) The notice of accident and the claim for compensation may be given to the master of the ship as if he were the employer, but where the accident occurred and the incapacity commenced on board the ship it shall not be necessary to give any notice of the accident.
(Replaced, 76 of 1982, s. 23)
(3) In the case of the death of a seaman or apprentice to whom this section applies, the application for compensation shall be made within 2 years after the death occurred or, where the ship has been or is deemed to have been lost with all hands, within 2 years after the date on which the ship was, or is deemed to have been, so lost.
(4) [Repealed, 59 of 1988, s. 9]
(5) In this section-
"foreign ship" means any ship other than a Hong Kong ship as defined in section 29(4);
"seaman" has the meaning that it has for the purposes of the Merchant Shipping Act 1894 (1894 c. 60 U.K.).
(Added, 55 of 1969, s. 21A)
Testimony of witness outside Hong Kong
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
1988 Ed.]
Employees' Compensation
[CAP. 282
43
(4) In this section-
"Hong Kong ship" includes--
(a) any ship or vessel registered or licensed in Hong Kong and any other British ship or vessel the working of which is managed by a person who resides or has his principal place of business in Hong Kong; and (b) any ship or vessel not forming part of Her Majesty's Navy which is owned by Her Majesty in respect of Her Government of Hong Kong, or the working of which is managed by the armed forces of the Crown in Hong Kong; (Amended, 50 of 1954, s. 6 and 76 of 1982, s. 37) "ship", "vessel", "seaman" and "master" shall have the respective meanings
ascribed to them by the Merchant Shipping Act 1894 (1894 c. 60 U.K.).
Application to persons employed on foreign ships
30. (1) If the employer submits or has agreed to submit to the jurisdiction of the Court, then, notwithstanding that the accident causing the personal injury occurred outside Hong Kong, this Ordinance shall apply, subject to the modifications in subsections (2) and (3) and section 30A, to seamen and apprentices to the sea service who are employees within the meaning of this Ordinance and, having been recruited or engaged in Hong Kong, are members of the crew of a foreign ship. (Amended, 44 of 1980, s. 15 and 59 of 1988, s. 9)
(2) The notice of accident and the claim for compensation may be given to the master of the ship as if he were the employer, but where the accident occurred and the incapacity commenced on board the ship it shall not be necessary to give any notice of the accident. (Replaced, 76 of 1982, s. 23)
(3) In the case of the death of a seaman or apprentice to whom this section applies, the application for compensation shall be made within 2 years after the death occurred or, where the ship has been or is deemed to have been lost with all hands, within 2 years after the date on which the ship was, or is deemed to have been, so lost.
(4) [Repealed, 59 of 1988, s. 9]
(5) In this section--
"foreign ship" means any ship other than a Hong Kong ship as defined in
section 29(4);
"seaman" has the meaning that it has for the purposes of the Merchant
Shipping Act 1894 (1894 c. 60 U.K.).
(Added, 55 of 1969, s. 21A)
Testimony of witness outside Hong Kong
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
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