44
CAP. 282]
Employees' Compensation
[1988 Ed.
before any British Consular Officer elsewhere is, subject to subsection (2), admissible in evidence without proof of the signature or official character of the person appearing to have signed the deposition.
(2) The person before whom the deposition was made shall sign it and certify that the witness was present at the making of the deposition.
Application to an employee injured outside Hong Kong
30B. (1) In this section-
(Added, 59 of 1988, s. 10)
"foreign compensation" means compensation paid to an employee in respect of an injury under the law of a place outside Hong Kong where the injury occurred;
"person carrying on business" has the same meaning as in the Business Registration Ordinance (Cap.310).
(2) This Ordinance also applies where personal injury by accident arising out of and in the course of employment is caused to an employee outside Hong Kong where the employee's contract of employment is entered into in Hong Kong with an employer who is a person carrying on business in Hong Kong.
(3) Compensation payable under this Ordinance to an employee referred to in subsection (2) shall be reduced by the amount of any foreign compensation paid to him in respect of the same injury.
(4) Where foreign compensation is paid to an employee after compensation in respect of the same injury is paid under this Ordinance, the amount paid under this Ordinance, not exceeding the amount of the foreign compensation paid, shall be repaid to the employer by the employee and the amount is recoverable as a civil debt.
(Added, 59 of 1988, s. 10)
Contracting out
31. (1) Any contract or agreement whether made before or after the commencement of this Ordinance, whereby an employee relinquishes any right to compensation from an employer for personal injury by accident arising out of and in the course of his employment, shall, subject to subsection (2), be null and void in so far as it purports to remove or reduce the liability of any person to pay compensation under the provisions of this Ordinance.
(2) The Commissioner may, if satisfied that, by reason of old age or serious physical defect or infirmity, a person, if employed as an employee, is specially liable to meet with an accident, or, if he meets with an accident is specially liable to sustain injury, in connection with any contract of such employment, authorize the person and the employer to enter into an agreement in writing reducing or giving up the right of such person to compensation under the provisions of this Ordinance in respect of any accident which is caused or contributed to by the old age or serious physical defect or infirmity.
(3) An agreement entered into under subsection (2) shall be ineffective unless the Commissioner certifies that in his opinion such agreement is fair and reasonable.
(Amended, 55 of 1969, s. 22 and 44 of 1980, s. 15)
Page 45
Page 46
44
CAP. 282]
Employees' Compensation
[1988 Ed.
before any British Consular Officer elsewhere is, subject to subsection (2), admissible in evidence without proof of the signature or official character of the person appearing to have signed the deposition.
(2) The person before whom the deposition was made shall sign it and certify that the witness was present at the making of the deposition.
Application to an employee injured outside Hong Kong
30B. (1) In this section-
(Added, 59 of 1988, s. 10)
"foreign compensation" means compensation paid to an employee in respect of an injury under the law of a place outside Hong Kong where the injury occurred;
"person carrying on business" has the same meaning as in the Business
Registration Ordinance (Cap. 310).
(2) This Ordinance also applies where personal injury by accident arising out of and in the course of employment is caused to an employee outside Hong Kong where the employee's contract of employment is entered into in Hong Kong with an employer who is a person carrying on business in Hong Kong.
(3) Compensation payable under this Ordinance to an employee referred to in subsection (2) shall be reduced by the amount of any foreign compensation paid to him in respect of the same injury.
(4) Where foreign compensation is paid to an employee after compensa- tion in respect of the same injury is paid under this Ordinance, the amount paid under this Ordinance, not exceeding the amount of the foreign compensation paid, shall be repaid to the employer by the employee and the amount is recoverable as a civil debt.
( Added, 59 of 1988, s. 10)
Contracting out
31. (1) Any contract or agreement whether made before or after the commencement of this Ordinance, whereby an employee relinquishes any right to compensation from an employer for personal injury by accident arising out of and in the course of his employment, shall, subject to subsection (2), be null and void in so far as it purports to remove or reduce the liability of any person to pay compensation under the provisions of this Ordinance.
(2) The Commissioner may, if satisfied that, by reason of old age or serious physical defect or infirmity, a person, if employed as an employee, is specially liable to meet with an accident, or, if he meets with an accident is specially liable to sustain injury, in connection with any contract of such employment, authorize the person and the employer to enter into an agreement in writing reducing or giving up the right of such person to compensation under the provisions of this Ordinance in respect of any accident which is caused or contributed to by the old age or serious physical defect or infirmity.
(3) An agreement entered into under subsection (2) shall be ineffective unless the Commissioner certifies that in his opinion such agreement is fair and reasonable.
(Amended, 55 of 1969, s. 22 and 44 of 1980, s. 15)
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