1964_EMPLOYEES__COMPENSATION_ORDINANCE — Page 6

1988 Ed.]

Employees' Compensation

[CAP. 282

5

(2) If, in any proceedings for the recovery of compensation under this Ordinance, it appears to the Court that the contract of service or apprenticeship under which the injured person was working, at the time when the accident causing the injury happened, was illegal, the Court may, if having regard to all the circumstances of the case it thinks proper so to do, deal with the matter as if the injured person had at the time aforesaid been a person working under a valid contract of service or apprenticeship.

(3) Save for the purposes of section 17 or where the context otherwise requires, any reference to an employee who has been injured shall, where the employee is dead, include a reference to his legal personal representative, or to his dependants or any of them or the Official Administrator or such other officer as the Governor may appoint to act on behalf of the dependants of the employee.

(4) Where, in any employment, personal injury by accident arising out of and in the course of the employment is caused to any person, and at the time of the accident--

(a) that person would, but for paragraph (d) of the proviso to subsec- tion (1), have been an employee within the meaning of that subsection; and

(b) there is in force in relation to that person a policy of insurance which indemnifies the employer against liability in respect of such injury whether or not the indemnity is for an amount which is less than the full amount of the liability in respect of which the employer would, under section 40(1), be required to be insured if such person were an employee within the meaning of subsection (1),

this Ordinance shall, notwithstanding paragraph (d) of the proviso to subsec- tion (1), apply in relation to that person for all purposes as if he were an employee within the meaning of the subsection. (Added, 76 of 1982, s. 2)

(Amended, 44 of 1980, s. 15)

Interpretation

3. In this Ordinance, unless the context otherwise requires-

"accident insurance business" means the business of effecting contracts of insurance against the liability of an employer for personal injury by accident to any employee in his employment arising out of and in the course of such employment; (Added, 55 of 1969, s. 3)

"Commissioner" means the Commissioner for Labour; (Replaced, 13 of 1966,

Schedule. Amended, 55 of 1969, s. 3 and L.N. 142/74)

"compensation" means any of the following-

(a) compensation payable under section 6, 7, 8, 9 or 10, including the expenses of burial and medical attendance payable under section 6(5);

(b) medical expenses payable under section 10A;

(c) wages or salary payable under section 161(3), 17(7) or 36MA;

(d) the cost of the supplying and fitting of a prosthesis or surgical appliance payable under section 36B, and the probable cost of repair and renewal thereof payable under section 36I;

į

!