Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 1
Chapter: 365 EMPLOYEES COMPENSATION ASSISTANCE
ORDINANCE
Gazette Number Version Date
Long title 16 of 2002 01/07/2002
An Ordinance to provide for the protection of the entitlement of employees and others to compensation for
employment-related injury; for the making of relief payment to eligible persons in relation to damages for
employment-related injury; for the establishment of a board and a fund for those purposes; and for incidental or
connected matters.
(Replaced 16 of 2002 s. 2)
[1 July 1991] L.N. 239 of 1991
(Originally 54 of 1991)
(Enacted 1991)
Part: I PRELIMINARY 30/06/1997
(Enacted 1991)
Section: 1 Short title 30/06/1997
This Ordinance may be cited as the Employees Compensation Assistance Ordinance.
(Enacted 1991)
Section: 2 Interpretation L.N. 130 of 2007 01/07/2007
Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
(1) In this Ordinance, unless the context otherwise requires- (Amended 16 of 2002 s. 3)
"Board" (管理局) means the Employees Compensation Assistance Fund Board constituted by section 3;
"Chairman" (主席) means the chairman of the Employees Compensation Assistance Fund Board appointed under
section 3(2)(a) or any other person when acting as such;
"cohabitee" (同居者), in relation to an employee, means any person who, at the time of the death of the employee,
was living with the employee as the employee's wife or husband; (Added 16 of 2002 s. 3)
"Commissioner" (處長) means the Commissioner for Labour;
"compensation" (補償) has the meaning assigned to it under section 3 of the Employees' Compensation Ordinance
(Cap 282);
"damages" (損害賠償) has the meaning assigned to it under section 3 of the Employees' Compensation Ordinance
(Cap 282);
"eligible person" (合資格人士), in relation to a relief payment-
(a) where the employment-related injury concerned is non-fatal, means-
(i) the injured employee; or
(ii) in the case of the death of the injured employee whether before or after damages have been
awarded-
(A) any surviving spouse or cohabitee of the injured employee;
(B) any surviving child of the injured employee, whether by blood or an adoption specified in
subsection (2) made before the date on which the accident occurred to which the relief
payment relates, who was under the age of 21 years at the time of the death of the injured
employee;
(C) if there is no surviving spouse or cohabitee, and no surviving child, as mentioned in sub-
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 2
subparagraph (A) or (B), any surviving parent of the injured employee;
(b) where the employment-related injury concerned is fatal, means a person who has any of the following
relationship in respect of the deceased employee, whether by blood or an adoption specified in
subsection (2) made before the date on which the accident occurred to which the relief payment
relates-
(i) a spouse or cohabitee;
(ii) a child;
(iii) a parent or grandparent; or
(iv) a grandson, granddaughter, stepfather, stepmother, stepson, stepdaughter, son-in-law, daughter-
in-law, brother, sister, half-brother, half-sister, father-in-law, mother-in-law, brother-in-law,
sister-in-law, and child of a brother or sister of the whole blood; (Added 16 of 2002 s. 3)
"employee" (僱員) has the meaning assigned to it under section 2 of the Employees' Compensation Ordinance (Cap
282);
"Employees' Compensation Insurance Levies Management Board" (徵款局) means the board established under
section 3 of the Employees' Compensation Insurance Levies Ordinance (Cap 411);
"employer" (僱主) means an employer for the purposes of the Employees' Compensation Ordinance (Cap 282), and
includes a holding company (within the meaning of Part IV of that Ordinance) which is liable to pay an amount
of compensation or damages to an employee of its subsidiary (within the meaning of that Part) under section
44B of that Ordinance; (Amended 47 of 1995 s. 13)
"financial year" (財政年度) means the period fixed as the financial year of the Board under section 10(1);
"Fund" (基金) means the Employees Compensation Assistance Fund established by section 7;
"Insurance Authority" (保險業監督) means the Authority appointed under section 4 of the Insurance Companies
Ordinance (Cap 41);
"insurer" (承保人) has the meaning assigned to it under section 3 of the Employees' Compensation Ordinance (Cap
282);
"member of the family" (家庭成員) has the meaning assigned to it under section 3 of the Employees' Compensation
Ordinance (Cap 282); (Added 52 of 2000 s. 39)
"policy of insurance" (保險單) means a policy of insurance issued for the purposes of Part IV of the Employees'
Compensation Ordinance (Cap 282);
"prescribed monthly amount" (訂明每月數額) means the amount specified in Part 1 of Schedule 4; (Added 16 of
2002 s. 3)
"prescribed monthly amount (extra)" (訂明每月數額(額外)) means the amount specified in Part 2 of Schedule 4;
(Added 16 of 2002 s. 3)
"prescribed relief payment" (訂明濟助付款) means the amount specified in Part 3 of Schedule 4; (Added 16 of
2002 s. 3)
"prescribed surcharge" (訂明附加費) means the amount specified in Part 4 of Schedule 4; (Added 16 of 2002 s. 3)
"relief payment" (濟助付款) means a relief payment made or which may be made from the Fund pursuant to an
application under section 20A; (Added 16 of 2002 s. 3)
"Secretary" (局長) means the Secretary for Labour and Welfare. (Replaced L.N. 106 of 2002. Amended L.N. 130 of
2007)
"severely injured relevant eligible person" (重傷的有關合資格人士), in relation to a relief payment, means an
eligible person-
(a) who falls within paragraph (a)(i) of the definition of "eligible person";
(b) who suffers from paraplegia or quadriplegia as a result of the employment-related injury concerned
such that he is unable to perform the essential actions of life without the care and attention of another
person; and
(c) in respect of whom a court of competent jurisdiction in Hong Kong has, in relation to the employment-
related injury concerned, awarded expenses for the care and attention by another person in respect of
the period after the award is made; (Added 16 of 2002 s. 3)
"spouse" (配偶), in relation to an employee, does not include a person who, at the time of the death of the employee,
has ceased to be the employee's spouse; (Added 16 of 2002 s. 3)
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 3
(Amended 52 of 2000 s. 39)
(2) For the purposes of the definition of "eligible person"-
(a) an adoption means an adoption-
(i) made under an adoption order made in accordance with the Adoption Ordinance (Cap 290);
(ii) to which section 17 or 20F of that Ordinance applies; or
(iii) made in Hong Kong in accordance with Chinese law and custom before 1 January 1973;
(Amended 28 of 2004 s. 35)
(b) subject to paragraph (c), any person so adopted shall be treated as the child of the adopter, and not as
the child of any other person, and all relationships to the adopted person shall be deduced accordingly;
and (Added 16 of 2002 s. 3. Amended 28 of 2004 s. 35)
(c) any person adopted under an adoption order granted under paragraph (c) of section 5(1) of the
Adoption Ordinance (Cap 290) shall be treated as the child of the adopter and the parent referred to in
that paragraph, and not as the child of any other person, and all relationships to the adopted person
shall be deduced accordingly. (Added 28 of 2004 s. 35)
(Enacted 1991)
Part: II EMPLOYEES COMPENSATION ASSISTANCE FUND
BOARD
30/06/1997
(Enacted 1991)
Section: 3 Constitution of the Board 23 of 2002 19/07/2002
(1) There is constituted a body corporate to be known as the Employees Compensation Assistance Fund Board
having perpetual succession and capable of suing and being sued.
(2) The Board shall consist of-
(a) a chairman appointed by the Chief Executive; (Amended 56 of 2000 s. 3)
(b) 6 members appointed by the Chief Executive of whom- (Amended 16 of 2002 s. 4)
(i) 2 are persons who in the opinion of the Chief Executive represent employers;
(ii) 2 are persons who in the opinion of the Chief Executive represent employees; (Amended 16 of
2002 s. 4)
(iii) 1 is a person having expertise in the practice of accounting, investment or law; and (Amended
56 of 2000 s. 3; 16 of 2002 s. 4)
(iv) 1 is a person having expertise in the practice of insurance; (Added 16 of 2002 s. 4)
(c) the Commissioner or his representative; and
(d) the Director of Legal Aid or his representative.
(3) Notice of any appointment made under this section shall be published in the Gazette.
(4) Schedule 1 has effect as regards the Board and its members.
(5) The Chief Executive may by order amend Schedule 1. (Amended 56 of 2000 s. 3)
(6) The Board is not a servant or agent of the Government, nor does it enjoy any status, immunity or privilege
of the Government. (Amended 23 of 2002 s. 30)
(Enacted 1991)
Section: 4 Functions of the Board 30/06/1997
The functions of the Board are-
(a) to hold the Fund upon trust to administer the Fund in accordance with the objects of this Ordinance;
(b) to receive on behalf of the Fund any sum representing the net resources of the Employees'
Compensation Insurance Levies Management Board distributed to the Board pursuant to section 7 of
the Employees' Compensation Insurance Levies Ordinance (Cap 411);
(c) to consider applications from persons applying for payment from or relief under the Fund;
(d) from time to time to advise the Employees' Compensation Insurance Levies Management Board with
respect to the amounts of known and anticipated claims against the Fund,
and such other functions as may be assigned to it under this Ordinance.
(Enacted 1991)
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 4
Section: 5 Powers of the Board 30/06/1997
(1) The Board may do all such things as are expedient for or conducive to the attainment of the functions
referred to in section 4 or which, in the opinion of the Board, are necessary to facilitate the proper carrying out of the
functions of the Board.
(2) Without restricting the generality of subsection (1) the Board may-
(a) hold, acquire or take on lease movable and immovable property and sell, let or otherwise dispose of or
deal with such property;
(b) appoint such employees as it may determine on such terms and conditions of service as it thinks fit
including the payment of allowances, benefits, gratuities, pensions and remuneration;
(c) make or provide ex gratia payments to any employee of the Board, or to the personal representative of
a deceased employee of the Board or to any other person who was dependent on such employee at his
death;
(d) subject to section 11, invest the moneys of the Fund in such manner and to such extent as it considers
expedient and prudent;
(e) subject to the approval of the Financial Secretary, borrow moneys, in such manner and on such
securities or terms as it considers expedient and prudent, for payment into the Fund; and
(f) exercise any of its powers either alone or in association with any person.
(Enacted 1991)
Section: 6 Board to be subject to directions of the Chief Executive in
Council
56 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 56 of 2000 s. 3
The Chief Executive in Council may give to the Board such directions as he thinks fit for the purpose of securing
the proper performance of the Board's functions and the Board shall comply with those directions.
(Amended 56 of 2000 s. 3)
(Enacted 1991)
Part: III Financial Provisions E.R. 1 of 2013 25/04/2013
(Enacted 1991)
(*Format changes—E.R. 1 of 2013)
_________________________________________________________________________________
Note:
* The format of Part III has been updated to the current legislative styles.
Section: 7 Employees Compensation Assistance Fund E.R. 1 of 2013 25/04/2013
(1) There is established a fund to be known as the Employees Compensation Assistance Fund and comprising-
(a) moneys received by the Board from the Employees' Compensation Insurance Levies Management Board;
(aa) moneys received by the Board as surcharges under section 36A; (Added 16 of 2002 s. 5)
(b) moneys received by the Board under Part V;
(c) interest and other income derived from the moneys and investments included in the Fund; and
(d) other moneys lawfully paid to the Board.
(2) The Fund is vested in the Board.
(Enacted 1991)
Section: 8 Payments from the Fund E.R. 1 of 2013 25/04/2013
The Board may pay from the Fund-
(a) payments to or on behalf of persons eligible under Part IV;
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 5
(b) expenses incurred by the Board for the purposes of this Ordinance;
(c) capital, interest and charges in respect of any loan; and
(d) any other sums required or permitted to be paid by the Board under this Ordinance.
(Enacted 1991)
Section: 9 Bank account E.R. 1 of 2013 25/04/2013
(1) The Board shall open and maintain an account in the name of the Fund with a bank approved by the Financial
Secretary.
(2) The Board shall pay all moneys comprising the Fund into the account referred to in subsection (1).
(Enacted 1991)
Section: 10 Financial year and estimates E.R. 1 of 2013 25/04/2013
(1) The Board shall fix any period of 12 months to be the financial year of the Board.
(2) The Board shall, in each financial year, adopt estimates of income and expenditure in respect of the following
financial year and, before a date to be appointed by the Secretary, send the estimates to the Secretary for his
approval together with a programme of the Board's activities for that following financial year.
(3) The Secretary may require the resubmission of estimates of income and expenditure or a programme of activities
referred to in subsection (2), modified as he may direct.
(4) The Board may from time to time vary the estimates submitted under subsection (2), including after their
approval by the Secretary, and if it does so shall inform the Secretary in writing of the details of the variation.
(Enacted 1991)
Section: 11 Investment of surplus funds E.R. 1 of 2013 25/04/2013
All moneys of the Board that are not immediately required to be expended shall be-
(a) deposited in a bank approved by the Financial Secretary on fixed term or call deposits or in a savings
account; or
(b) invested in such other forms of investments approved by the Financial Secretary, either generally or in the
particular case, for the purpose.
(Enacted 1991)
Section: 12 Accounts and statements E.R. 1 of 2013 25/04/2013
(1) The Board shall keep proper books of account, vouchers, receipts and other records in relation to the accounts of
the Board.
(2) Within 4 months of the end of each financial year the Board shall cause to be prepared for the financial year
immediately past statements of the accounts of the Board which shall-
(a) include an income and expenditure account and balance sheet; and
(b) be signed by the Chairman.
(3) For the purposes of this section the Board may write off the whole or any part of any debt due to the Board
which it reasonably considers irrecoverable.
(Enacted 1991)
Section: 13 Auditor E.R. 1 of 2013 25/04/2013
(1) The Board shall appoint an auditor to audit the accounts of the Board.
(2) The auditor appointed under this section is entitled at any time-
(a) to have access to all books of account, vouchers, receipts and other records of the Board referred in section
12; and
(b) to require such information and explanations, as he considers necessary to discharge his functions.
(3) The auditor appointed under this section shall, as soon as is practicable and in any case not later than 3 months
after the statements of account prepared under section 12 have become available, audit the accounts so prepared
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 6
and submit a report on the accounts to the Board.
(Enacted 1991)
Section: 14 Director of Audit's examination E.R. 1 of 2013 25/04/2013
(1) The Director of Audit may carry out such examination as he thinks fit into the economy, efficiency and
effectiveness with which the Board has used its resources in performing its functions and exercising its powers.
(2) The Director of Audit has a right of access at all reasonable times to all such documents in the custody or under
the control of the Board as the Director may reasonably require for the purpose of carrying out an examination
under subsection (1) and is entitled to require from any person holding or accountable for any such document
such information and explanations (if any) as are reasonably necessary for that purpose.
(3) The Director of Audit may submit to the Legislative Council the results of any examination carried out by him
under subsection (1).
(4) Subsection (1) shall not be construed as entitling the Director of Audit to question the merits of any of the
Board's policy objectives.
(Enacted 1991)
Section: 15 Annual report E.R. 1 of 2013 25/04/2013
(1) The Board shall, not later than 9 months, or such longer period as the Chief Executive may determine, after the
end of each financial year, submit-
(a) a report on the activities and affairs of the Board for that year;
(b) a copy of its statements of the accounts for that year; and
(c) the auditor's report on the accounts,
to the Chief Executive.
(2) Any report or statement submitted to the Chief Executive under subsection (1) shall be laid on the table of the
Legislative Council.
(Amended 56 of 2000 s. 3)
(Enacted 1991)
Part: IV PAYMENTS FROM THE FUND 30/06/1997
(Enacted 1991)
Section: 16 Application by employee etc. for payment from the Fund
in relation to unpaid compensation
16 of 2002 01/07/2002
Claims against the Fund
(1) A person who is unable to recover from an employer payment of an amount of compensation for which the
employer is liable may apply for payment of that amount from the Fund. (Replaced 16 of 2002 s. 6)
(2) For the purpose of this section an employer is not to be regarded as liable for the payment of an amount of
compensation unless- (Amended 16 of 2002 s. 6)
(a) the amount is payable- (Amended 16 of 2002 s. 6)
(i) pursuant to a judgment or order of a court or tribunal of competent jurisdiction in Hong Kong;
(ii) by virtue of section 16A(9) of the Employees' Compensation Ordinance (Cap 282) following an
assessment of compensation by the Commissioner under that section; or
(iii) pursuant to a Certificate of Compensation Assessment for Fatal Case or Review Certificate of
Compensation Assessment for Fatal Case issued under the Employees' Compensation Ordinance
(Cap 282); (Amended 16 of 2002 s. 6)
(iv) (Repealed 16 of 2002 s. 6)
(b) in the case of an amount of medical expenses, a certificate has been issued by the Commissioner under
section 10B(1) or (2) of the Employees' Compensation Ordinance (Cap 282) in respect of that amount;
(Amended 1 of 1995 s. 17; 52 of 2000 s. 40)
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 7
(c) in the case of a claim by the Director of Health ("the Director") for the cost of supplying and fitting a
prosthesis or surgical appliance for which the employer is liable under section 36B of the Employees'
Compensation Ordinance (Cap 282)-
(i) a request for payment has been made by the Director in accordance with section 36D of that
Ordinance;
(ii) the time for service of a notice of grounds of dispute by the employer under section 36E of that
Ordinance has expired; and
(iii) no such notice has been served on the Director; or (Amended 52 of 2000 s. 40)
(d) in the case of reimbursement of the expenses of the funeral of the deceased employee and expenses of
the medical attendance on the deceased employee, a Certificate for Funeral and Medical Attendance
Expenses or Review Certificate for Funeral and Medical Attendance Expenses has been issued under
the Employees' Compensation Ordinance (Cap 282). (Added 52 of 2000 s. 40)
(3) For the purpose of this section a person is not to be regarded as being unable to recover from an employer
payment of an amount of compensation for which the employer is liable unless the person has taken such proceedings
to recover payment of the amount-
(a) from, wherever applicable-
(i) the employer;
(ii) the principal contractor who is liable to pay compensation to the person under section 24 of the
Employees' Compensation Ordinance (Cap 282); and
(iii) an insurer who has issued a policy of insurance-
(A) which is in force in relation to the injured employee at the time of the accident concerned;
and
(B) indemnifying the employer, or the principal contractor mentioned in subparagraph (ii), in
respect of such liability; and
(b) as are reasonable in the circumstances, having regard to the likely cost of such proceedings, the
resources available to the person and the amount likely to be recovered from, wherever applicable, the
employer, the principal contractor and the insurer. (Replaced 16 of 2002 s. 6)
(4) Notwithstanding subsections (1) and (3), where-
(a) compensation under section 6(1) of the Employees' Compensation Ordinance (Cap 282) payable
pursuant to-
(i) a Certificate of Compensation Assessment for Fatal Case; or
(ii) a Review Certificate of Compensation Assessment for Fatal Case; or
(b) reimbursement under section 6(5) of that Ordinance payable pursuant to-
(i) a Certificate for Funeral and Medical Attendance Expenses; or
(ii) a Review Certificate for Funeral and Medical Attendance Expenses,
has been fully paid by the employer or his insurer, no application shall lie for the payment thereof from the Fund.
(Added 52 of 2000 s. 40)
(Enacted 1991)
Section: 17 (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4)) L.N. 13 of 2004 01/04/2004
Section: 18 (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4)) L.N. 13 of 2004 01/04/2004
Section: 18A (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4)) L.N. 13 of 2004 01/04/2004
Section: 19 (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4)) L.N. 13 of 2004 01/04/2004
Section: 20 (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4)) L.N. 13 of 2004 01/04/2004
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 8
Section: 20A Application by employee etc. for relief payment from the
Fund in relation to unpaid damages
16 of 2002 01/07/2002
(1) An eligible person who is unable to recover from an employer payment of an amount of damages for which
the employer is liable may apply for a relief payment of that amount from the Fund.
(2) For the purposes of this section, an employer is not to be regarded as liable for the payment of an amount of
damages unless the amount is payable pursuant to a judgment or order of a court of competent jurisdiction in Hong
Kong.
(3) For the purpose of this section, an eligible person is not to be regarded as being unable to recover from an
employer payment of an amount of damages for which the employer is liable unless the eligible person has taken such
proceedings to recover payment of the amount-
(a) from, wherever applicable-
(i) the employer; and
(ii) an insurer who has issued a policy of insurance-
(A) which is in force in relation to the injured employee at the time of the accident concerned;
and
(B) indemnifying the employer in respect of such liability; and
(b) as are reasonable in the circumstances, having regard to the likely cost of such proceedings, the
resources available to the eligible person and the amount likely to be recovered from, wherever
applicable, the employer and the insurer.
(4) Where-
(a) an eligible person falls within paragraph (a)(ii) of the definition of "eligible person";
(b) the death of the injured employee concerned occurs before damages have been awarded; and
(c) any amount of damages for which the employer concerned is liable is unable to be recovered from the
employer,
then the eligible person shall be deemed to be an eligible person who falls within subsection (1) in respect of those
damages notwithstanding that the eligible person-
(d) is not mentioned in the judgment or order concerned mentioned in subsection (2); and
(e) is unable to take any proceedings mentioned in subsection (3).
(Added 16 of 2002 s. 12)
Section: 20B Amount of relief payment 16 of 2002 01/07/2002
(1) Subject to section 20A(2) and subsection (3), the amount of a relief payment to an eligible person shall be
the amount of damages for which the employer is liable to pay the eligible person after that amount is reduced by-
(a) the amount, if any, of compensation which has been paid or is payable under the Employees'
Compensation Ordinance (Cap 282) in respect of the injured employee in relation to the accident
concerned; and
(b) the amount, if any, of those damages already paid by the employer.
(2) Subject to section 20A(2) and subsection (3), the aggregate amount of relief payment to one or more
eligible persons who fall within section 20A(4) in the case of a particular injured employee shall be the amount of
damages for which the employer concerned is liable to pay in relation to the accident concerned after that amount is
reduced by-
(a) the amount of compensation which has been paid or is payable under the Employees' Compensation
Ordinance (Cap 282) in respect of the injured employee in relation to that accident; and
(b) the amount, if any, of those damages already paid by the employer.
(3) Notwithstanding the definitions of "compensation" and "damages", for the purposes of determining the
amount of a relief payment-
(a) any interest payable on any amount; and
(b) any costs,
arising from proceedings in respect of any damages or compensation claim shall not be included.
(4) For the avoidance of doubt, it is hereby declared that where-
(a) a non-fatal injury gives rise to a relief payment in relation to an eligible person who is the injured
employee; and
(b) that eligible person subsequently dies,
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 9
then the balance, if any, of the relief payment shall be paid to the other eligible persons, if any-
(c) remaining in relation to that first-mentioned eligible person; and
(d) falling within paragraph (a)(ii) of the definition of "eligible person".
(Added 16 of 2002 s. 12)
Section: 20C Manner of payment of relief payment 16 of 2002 01/07/2002
Expanded Cross Reference:
20D, 20E, 20F, 20G
(1) Subject to subsections (3), (4) and (5) and sections 20D to 20G, where the amount of a relief payment does
not exceed the prescribed relief payment, the Board shall pay the amount in full to the eligible person or eligible
persons, as the case may be.
(2) Subject to subsections (3), (4) and (5) and sections 20D to 20G, where the amount of a relief payment
exceeds the prescribed relief payment, the Board shall pay the amount to the eligible person or eligible persons, as the
case may be, as follows-
(a) a first payment equivalent to the prescribed relief payment; and
(b) subject to section 20D, subsequent monthly payments at the rate of-
(i) the prescribed monthly amount; or
(ii) the monthly earnings of the injured employee at the time of the accident concerned,
whichever is the higher, together with, in the case of an eligible person who is a severely injured
relevant eligible person, the prescribed monthly amount (extra).
(3) A surviving child who was an eligible person falling within paragraph (a)(ii)(B) of the definition of
"eligible person" at the time of the death of the injured employee-
(a) shall be entitled to the payment under subsection (1) or (2)(a) notwithstanding that he has attained the
age of 21 years or above at the time the payment is made;
(b) shall not be entitled to a payment under subsection (2)(b) if he has attained the age of 21 years or
above at the time the payment would, but for this paragraph, be made.
(4) Where 2 or more eligible persons are entitled to receive a relief payment, the amount of relief payment paid
to each eligible person shall not exceed the amount to which they are respectively entitled under section 20F.
(5) For the purposes of calculating the rate of payments under subsection (2)(b), the monthly earnings of the
employee concerned shall mean the employee's earnings as determined in accordance with section 11 of the
Employees' Compensation Ordinance (Cap 282).
(Added 16 of 2002 s. 12)
Section: 20D Cessation of payments under section 20C(2)(b) 16 of 2002 01/07/2002
(1) Payments under section 20C(2)(b) (other than a prescribed monthly amount (extra)) shall be payable until-
(a) subject to section 20G, the amount of relief payment has been fully paid; or
(b) in the case of each eligible person entitled to receive such payments, the person-
(i) dies; or
(ii) ceases to be entitled to receive such payments pursuant to section 20E,
whichever is the earlier.
(2) A prescribed monthly amount (extra) under section 20C(2)(b) shall be payable until-
(a) subject to section 20G, the amount of relief payment has been fully paid; or
(b) the severely injured relevant eligible person entitled to receive such payment-
(i) dies; or
(ii) has been fully paid the amount to which he is entitled, whether as relief payment or payment of
damages from the employer or insurer concerned, including any combination thereof,
whichever is the earlier.
(Added 16 of 2002 s. 12)
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 10
Section: 20E When eligible person ceases to be entitled to relief payment 16 of 2002 01/07/2002
An eligible person shall cease to be entitled to a relief payment where-
(a) subject to section 20C(3) in the case of an eligible person falling within paragraph (a)(ii)(B) of the
definition of "eligible person", the person attains the age of 21 years;
(b) the eligible person has been paid the amount to which the eligible person is entitled, whether as relief
payment or payment of damages from the employer concerned, including any combination thereof.
(Added 16 of 2002 s. 12)
Section: 20F Apportionment of relief payment 16 of 2002 01/07/2002
(1) Where 2 or more eligible persons are entitled to receive a relief payment in respect of a deceased employee,
then the relief payment shall be apportioned as follows-
(a) either-
(i) on a pro rata basis in accordance with the respective amounts awarded to the eligible persons by
the court mentioned in section 20A(2); or
(ii) on an equal share basis if subparagraph (i) is not applicable or that court has not otherwise made
an order on how the amount of damages should be apportioned amongst the eligible persons;
(b) where an eligible person has died or is no longer entitled to a relief payment, the relief payment shall
be re-apportioned to the remaining eligible persons in proportion to the outstanding amount of relief
payment respectively due to them;
(c) where an eligible person makes a successful application to the Board for a relief payment at a time
when the payments under section 20C(2)(b) are being made to other eligible persons, the payments
shall be re-apportioned-
(i) from the date the Board makes a determination under section 22 that the first-mentioned eligible
person is entitled to the relief payment; and
(ii) to the first-mentioned eligible person and the other eligible persons in proportion to the
outstanding amount of relief payment respectively due to them.
(2) For the avoidance of doubt, it is hereby declared that the reapportionment of a relief payment under this
section shall correspond with whichever of subsection (1)(a)(i) or (ii) is applicable to the relief payment.
(Added 16 of 2002 s. 12)
Section: 20G Set-off 16 of 2002 01/07/2002
Where an eligible person-
(a) is receiving payments under section 20C(2)(b); and
(b) during the course of receiving the payments, receives any payment of an amount of damages in
relation to the injury to which the payments relate,
then the Board shall set-off from the outstanding amount of the payments due to the eligible person the amount of
damages (including damages by way of indemnity) so received by the eligible person.
(Added 16 of 2002 s. 12)
Section: 21 Applications 16 of 2002 01/07/2002
(1) An application for payment from the Fund under this Part shall, subject to section 25-
(a) be made to the Board; and
(b) unless the Board otherwise directs, be made in the manner and form specified by the Board.
(Amended 16 of 2002 s. 13)
(2) Upon receipt of an application under this Part, the Board shall carry out such inquiries as it considers
necessary to make a determination under section 22.
(3) It is the duty of every applicant to assist the Board in carrying out inquiries under this section, and where an
applicant fails without reasonable excuse so to assist the Board, the Board may, notwithstanding any other provision,
determine that the applicant shall not be entitled to payment from the Fund.
(4) For the purpose of carrying out inquiries under this section the Board may-
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 11
(a) require the employer (or the employee's representative) or the employee or his member of the family or
representative, the employer's insurer or any other employee of the employer to furnish such
information or particulars relating to an application; and (Replaced 16 of 2002 s. 13)
(b) make such inquiries from any other person connected or associated with the application,
as the Board considers necessary.
(5) Where, by reason of the failure of a person other than an applicant to comply with a requirement or respond
to an inquiry of the Board under subsection (4) an applicant or the Board incurs additional expense in proving or
determining an application under this Part, such additional expense is recoverable from that person by the applicant or
the Board as a debt due to the applicant or the Board, as the case may be.
(Enacted 1991)
Section: 22 Determination of applications by the Board E.R. 2 of 2014 10/04/2014
(1) The Board shall in respect of any application under a section of this Part determine-
(a) whether or not it is satisfied as to an applicant's entitlement to apply under that section; and
(b) if so, what amount should be paid from the Fund; and
(c) to whom such amount should be paid,
and shall advise the applicant and any interested person by written notice of its determinations and, in particular, the
amount of each payment, if any, to be made from the Fund by virtue of those determinations. (Amended 16 of 2002 s.
14)
(2) Subject to subsection (3), an amount payable by the Board following a determination under this section
carries simple interest at half the rate determined from time to time by the Chief Justice for the purpose of section
49(1)(b) of the High Court Ordinance (Cap 4) on such part of the amount as remains unpaid by the Board. (Amended
25 of 1998 s. 2; 16 of 2002 s. 14)
(3) No interest is payable on an amount mentioned in subsection (2)-
(a) which is a relief payment;
(b) where the application concerned under section 16 is made after the expiration of 180 days after the
date on which the employer concerned is liable for the payment of the amount, in respect of the period
beginning on that expiration and ending on the date on which the application is so made;
(c) in respect of the period beginning on the date the application concerned under section 16 is made and
ending upon the expiration of 180 days after that date;
(d) where section 25B is applicable, in respect of the period between the expiration of the period
mentioned in section 25B(1)(c) and the date on which an extension, if any, is granted under section
25B(2).
(e) (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4))
(Added 16 of 2002 s. 14)
(4) No surcharge mentioned in paragraph (e) of the definition of "compensation" in section 3 of the Employees'
Compensation Ordinance (Cap 282) shall be included in an amount mentioned in subsection (2)-
(a) where the application concerned under section 16 is made after the expiration of 180 days after the
date on which the employer concerned is liable for the payment of the amount, to the extent that the
surcharge arises in respect of the period beginning on that expiration and ending on the date on which
the application is so made;
(b) to the extent that the surcharge arises in respect of the period beginning on the date of the application
concerned under section 16 is made and ending upon the expiration of 180 days after the date. (Added
16 of 2002 s. 14)
(5) The interest payable on an amount mentioned in subsection (2) before the determination mentioned in that
subsection is made shall be the rate mentioned in that subsection or the rate specified by the court or tribunal
concerned, whichever is the lower. (Added 16 of 2002 s. 14)
(6) Subject to the provisions of this Ordinance, the Board may vary a determination under this section to take
account of-
(a) a person who becomes an eligible person on or after the date of the determination; or
(b) the existence of an eligible person which was not known to the Board before that date. (Added 16 of
2002 s. 14)
(Amended E.R. 2 of 2014)
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 12
Section: 23 Costs: Payment in favour of employees 37 of 2003 24/12/2003
(1) Where the Board has determined an application under section 16 in favour of an applicant then in addition
to any amounts of compensation to be paid from the Fund the Board shall, subject to this section, agree to pay from
the Fund- (Amended 16 of 2002 s. 15)
(a) the costs incurred by the applicant in making the application; and
(b) an amount equal to any costs payable to the applicant pursuant to an order of a court for costs against
the employer or the employer's insurer in proceedings claiming the compensation. (Amended 16 of
2002 s. 15)
(2) The costs payable by the Board under subsection (1)(a) shall be such costs as in the opinion of the Board
would be allowed on taxation of those costs by the District Court on the common fund basis.
(3) The applicant may, within one month of service on him by the Board of notice of the amount of costs it
proposes to pay pursuant to subsection (1)(a), apply to the District Court for, and the District Court shall order,
taxation by the District Court of the applicant's bill of costs in respect of his application under section 16, which
taxation shall be on the common fund basis, and the Board shall be liable to pay the costs of the applicant so taxed.
(4) Where an application relates to compensation which are or have been the subject of proceedings in any
court in which an order was made apportioning costs as between the Board and the employee, the Board shall only be
liable for the purposes of subsection (1)(a) to pay the employee's costs in the same proportion as was so ordered in
those proceedings. (Amended 16 of 2002 s. 15)
(5) The amount payable by the Board pursuant to subsection (1)(b) in respect of costs ordered by a court shall
be only such amount as has been allowed, or would in the opinion of the Board be allowed, on taxation of those costs
on a party and party basis.
(6) Section 37 applies in respect of a payment made from the Fund pursuant to subsection (1)(b) as if such
payment were payment of an amount of compensation . (Amended 16 of 2002 s. 15)
(7)-(10) (Repealed 37 of 2003 s. 2)
(11) Amounts determined by the Board or by a court under this section become payable as and when the amount
determined in respect of the application under section 16 becomes payable. (Amended 37 of 2003 s. 2)
(Enacted 1991)
Section: 23A (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4)) L.N. 13 of 2004 01/04/2004
Section: 23B (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4)) L.N. 13 of 2004 01/04/2004
Section: 24 Proceedings against the Board where applicant dissatisfied 30/06/1997
(1) An applicant who is dissatisfied with a determination of the Board under section 22 may commence
proceedings in a court against the Board.
(2) Proceedings under this section shall be commenced by writ.
(Enacted 1991)
Section: 25 Board liable in certain proceedings as if employer 16 of 2002 01/07/2002
(1) This section applies to any claim against an employer for compensation where- (Amended 16 of 2002 s.
16)
(a) the employer-
(i) cannot be identified or, if identified, cannot be found;
(ii) is insolvent;
(iii) is dead or in the case of a company, has been dissolved, wound up or struck off the register; or
(iv) for any reason, cannot be served with proceedings; and
(b) no policy of insurance is known to be in force in relation to the employee.
(2) Subject to this section, proceedings for any claim against an employer to which this section applies may
issue against the Board as if it were the employer.
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 13
(3) Proceedings against the Board under this section shall not issue unless the court is satisfied, on application
made on notice to the Board, as to the matters specified in subsection (1)(a) and (b).
(4) Where proceedings are brought against the Board under this section, the rights and liabilities of the
employer in respect of the compensation the subject of the proceedings are vested in and transferred to the Board.
(Amended 16 of 2002 s. 16)
(Enacted 1991)
Section: 25A Board may apply to be joined as party to proceedings 16 of 2002 01/07/2002
If proceedings have been initiated to claim compensation or damages (whether initiated before, on or after the
commencement* of this section), the Board may apply to the court to be joined as a party to the proceedings as
follows-
(a) where no policy of insurance is known to be in force at the time of the accident to which the
proceedings relate, the Board may apply to the court to join in the proceedings as a party in accordance
with Order 15, rule 6 of the Rules of the High Court (Cap 4 sub. leg. A) or Order 15, rule 6 of the
Rules of the District Court (Cap 336 sub. leg. H), as the case may require, to take over the defence as if
it were the employer in the proceedings if-
(i) the employer cannot be identified or, if identified, cannot be found;
(ii) the employer is insolvent;
(iii) the employer is dead or has been dissolved, wound up or struck off the register;
(iv) the employer, for any reason, cannot be served with the notice of proceedings; or
(v) at any time when the employer fails to attend the hearing, leaving the claim uncontested;
(b) where no policy of insurance is known to be in force at the time of the accident to which the
proceedings relate and the employer is present at the proceedings, the Board may apply to the court to
join in the proceedings as a party in accordance with Order 15, rule 6 of the Rules of the High Court
(Cap 4 sub. leg. A) or Order 15, rule 6 of the Rules of the District Court (Cap 336 sub. leg. H), as the
case may require;
(c) where the insurer concerned is insolvent, the Board may apply to the court to join in the proceedings as
a party in accordance with Order 15, rule 6 of the Rules of the High Court (Cap 4 sub. leg. A) or Order
15, rule 6 of the Rules of the District Court (Cap 336 sub. leg. H), as the case may require.
(Added 16 of 2002 s. 17)
___________________________________________________________________
Note:
* Commencement date: 1 July 2002.
Section: 25B Notification of proceedings 16 of 2002 01/07/2002
(1) Where, after the commencement* of this section, a person commences by writ proceedings in respect of a
claim for compensation or damages, the person shall serve on the Board and, where applicable, the insurer concerned
a notice of the proceedings-
(a) in writing in a form specified by the Board, signed by the person and accompanied by a copy of the
writ;
(b) by registered post; and
(c) subject to subsection (2), not later than 30 days after the date on which the writ is filed with the court.
(2) The Board may extend the period specified in subsection (1) in the case of a person who satisfies the Board,
by notice in writing served on the Board, that there are good reasons why the person cannot, or failed to, comply with
subsection (1) within that period.
(3) A person who has served a notice under subsection (1) on the Board and who intends, within 45 days after
the date on which the notice has been so served, to-
(a) enter into an agreement with the other party in respect of the settlement of the claim to which the
notice relates; or
(b) obtain any judgment against the other party in respect of the claim to which the notice relates,
shall, subject to subsection (4), not less than 10 days before the date of such agreement or judgment, as the case may
be, serve a notice in writing on the Board informing the Board that the person intends to enter into an agreement or
obtain a judgment, as the case may be, in respect of that claim within 45 days after the date on which the first-
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 14
mentioned notice has been served on the Board.
(4) The Board may shorten the period of 10 days specified in subsection (3) in the case of a person who
satisfies the Board, by notice in writing served on the Board, that there are good reasons why the person cannot, or
failed to, comply with that subsection in relation to that period.
(5) It is hereby declared that-
(a) separate notices are required under subsection (1) in respect of a claim for compensation and a claim
for damages;
(b) a notice under subsection (1) may be accompanied by a notice under subsection (3).
(6) A person who fails to comply with subsection (1) or (3) in respect of a claim mentioned in that subsection
shall not be entitled to any payment under this Ordinance in respect of the claim, and notwithstanding the other
provisions of this Ordinance.
(7) Upon receipt of a notice under this section, the Board shall carry out such inquiries as it considers necessary
to facilitate the proper carrying out of the functions of the Board in relation to the claim to which the notice relates.
(8) For the purpose of carrying out inquiries under this section, the Board may-
(a) require the employer (or the employer's representative) or the employee or his member of the family or
representative, the employer's insurer or any other employee of the employer to furnish such
information or particulars relating to the claim; and
(b) make such inquiries from any other person connected or associated with the claim,
as the Board considers necessary.
(Added 16 of 2002 s. 17)
___________________________________________________________________
Note:
* Commencement date: 1 July 2002.
Section: 26 Priority of payments from the Fund L.N. 13 of 2004 01/04/2004
Miscellaneous
(1) Notwithstanding this Ordinance or any other law, where an amount is liable to be paid from the Fund under
this Part, no part of such amount becomes payable by the Board unless and until-
(a) there are sufficient moneys available to the Fund to pay the whole of such amount; and
(b) all other such amounts which have priority over that amount for the purposes of this section, being
amounts which would otherwise be payable by the Board, have been paid from the Fund or have been
provided for by the Board.
(2) Payments from the Fund shall be made only in accordance with the following priority-
(a) amounts liable to be paid in respect of applications under section 16 shall have priority over amounts
liable to be paid in respect of applications under section 20A; (Replaced 16 of 2002 s. 18. Amended s.
46A(3) (see 16 of 2002 s. 30))
(b) (Repealed s. 46A(3) (see 16 of 2002 s. 30))
(ba) (Repealed s. 46A(3) (see 16 of 2002 s. 30))
(bb) amounts liable to be paid in respect of applications under section 20A where section 20C(1) or (2)(a) is
applicable shall have priority over amounts liable to be paid in respect of applications under that
section where section 20C(2)(b) is applicable; (Added 16 of 2002 s. 18. Amended s. 46A(3) (see 16 of
2002 s. 30))
(bc)-(bd) (Repealed s. 46A(3) (see 16 of 2002 s. 30))
(c) in particular as between amounts liable to be paid in respect of applications under the same section, the
amount to which the earliest date of accident applies shall have priority over all other such amounts.
(3) For the purposes of this section-
(a) a judgment debt in proceedings against the Board under section 24 is to be treated as an amount liable
to be paid from the Fund in respect of an application under the section in respect of which the
judgment is given;
(b) a judgment debt in proceedings against the Board under section 25(2) is to be treated as an amount
liable to be paid from the Fund in respect of an application under section 16; and
(c) the date of accident applicable to an amount liable to be paid from the Fund in respect of an application
under this Part is the date of the accident giving rise to the injury to which the application relates.
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 15
(Enacted 1991)
Section: 27 Payments by the Brewin Trust Fund 30/06/1997
For the purposes of any application or proceedings under this Part, the amount of compensation or damages for
which an employer is liable is reduced by the value, as decided by the Board or the court, of any payment made by the
Brewin Trust Fund established under section 3 of the Brewin Trust Fund Ordinance (Cap 1077) in respect of the injury
for which the compensation or damages is claimed.
(Enacted 1991)
Section: 28 Payments in anticipation of entitlement under section 16,
etc.
L.N. 13 of 2004 01/04/2004
(1) Where it appears to the Board that a person is or might be entitled to apply under section 16 for a payment
from the Fund, the Board may, in the interests of the protection of the Fund, and on such terms as it sees fit, offer to
pay from the Fund to or on behalf of that person an amount in satisfaction of such entitlement. (Amended 16 of 2002
s. 19; s. 46A(4) (see 16 of 2002 s. 30))
(2) (Repealed s. 46A(4) (see 16 of 2002 s. 30))
(3) If a person accepts an offer made under subsection (1) and receives payment accordingly, that person shall
not have the right to make an application under section 16 in respect of the claim to which the offer relates. (Added
16 of 2002 s. 19. Amended s. 46A(4) (see 16 of 2002 s. 30))
(4) If an offer made under subsection (1) is not accepted by a person, and in subsequent proceedings in respect
of the claim to which the offer relates the person is awarded an amount not more than the amount offered by the
Board, then the Board-
(a) shall not be required to pay more than the amount as awarded by the court or tribunal concerned; and
(b) shall not be liable to pay the costs incurred by the person after the date of the offer to which the claim
relates. (Added 16 of 2002 s. 19)
(5) Where the Board takes part in proceedings in respect of a claim for compensation, the Board shall have the
right to agree costs with the parties involved in the proceedings prior to taxation. (Added 16 of 2002 s. 19)
(Enacted 1991)
Section: 29 Written offers by the Board in proceedings 30/06/1997
(1) Notwithstanding any other law where, in proceedings to which the Board is a party under this Part, the
Board makes a written offer to any other party in the proceedings which is expressed to be "without prejudice save as
to costs" and which relates to an issue in the proceedings, then in deciding the question of costs the court shall take
into account any such offer which has been brought to its attention.
(2) An offer made under subsection (1) shall not be communicated to the court until the question of costs falls
to be decided.
(Enacted 1991)
Section: 30 Ex gratia payment 30/06/1997
Where it appears to the Board that a person is unable to establish entitlement to payment from the Fund pursuant
to section 16 by reason, and by reason only, of the operation of a period of limitation in respect of a claim against an
employer, the Board may, if it sees fit and in such amount as it considers appropriate in the circumstances, determine
to make an ex gratia payment to the person from the Fund.
(Enacted 1991)
Section: 31 (Repealed s. 46A(5) (see 16 of 2002 s. 30)) L.N. 13 of 2004 01/04/2004
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 16
Section: 32 Rules of Court 30/06/1997
The Chief Justice may make rules for proceedings to which this Part relates.
(Enacted 1991)
Section: 33 Application of this Part 16 of 2002 01/07/2002
No claim lies under this Part in respect of-
(a) any compensation or damages for injury to an employee where the accident by which the injury was
sustained occurred before 1 January 1984 (being the date on which Part IV of the Employees'
Compensation Ordinance (Cap 282) came into operation);
(b) any indemnification under a policy of insurance for such compensation or damages as are referred to in
paragraph (a);
(c) any liability of an employer to which section 40(1A) of the Employees' Compensation Ordinance (Cap
282) applies; or
(d) any compensation or damages for injury to an employee who has been engaged outside Hong Kong by
an employer who-
(i) is outside Hong Kong; and
(ii) has no place of business in Hong Kong (and whether or not the employer's business is for gain).
(Added 16 of 2002 s. 21)
(Amended 16 of 2002 s. 21)
(Enacted 1991)
Section: 34 Application of law of limitations 30/06/1997
For the purposes of any proceedings under this Part, the operation of any period of limitation for an action
against an employer in respect of injury to an employee sustained by an accident shall, where the accident occurred on
or after 1 January 1984 but before the commencement of this Ordinance, take effect as if the accident had occurred on
the date on which this Ordinance commences.
(Enacted 1991)
Section: 35 Survival of rights 16 of 2002 01/07/2002
(1) Subject to subsection (2), on the death of any person in whose favour the Board has determined an
application under section 22, the rights and entitlement of that person as against the Board survive for the benefit of
his estate. (Amended 16 of 2002 s. 22)
(2) Subsection (1) does not apply in the case of any rights and entitlement of a person in respect of a relief
payment. (Added 16 of 2002 s. 22)
(Enacted 1991)
Section: 36 Saving as to rights and liabilities under Cap 282 30/06/1997
Nothing in this Ordinance affects the rights or liabilities of any person under the Employees' Compensation
Ordinance (Cap 282).
(Enacted 1991)
Section: 36A Surcharge 16 of 2002 01/07/2002
(1) An employer who contravenes section 40(1) of the Employees' Compensation Ordinance (Cap 282) shall be
liable to pay a surcharge to the Board in accordance with this section.
(2) Subject to subsections (3) and (4), the amount of surcharge payable by an employer under subsection (1)
shall be 3 times the levy payable to the Board under the Employees' Compensation Insurance Levies Ordinance (Cap
411) on the premium paid in respect of the policy of insurance obtained to cause the cessation of the contravention
referred to in that subsection to which the surcharge relates.
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 17
(3) Subject to subsection (4), the amount of surcharge payable by an employer under subsection (1) shall be the
prescribed surcharge where-
(a) the employer fails to comply with a requirement under subsection (5) in any case where paragraph (b)
is not applicable and the Board is otherwise unable to obtain the information and particulars necessary
for subsection (2) to apply in the case of the employer; or
(b) the employer is not required to comply with section 40(1) of the Employees' Compensation Ordinance
(Cap 282) to cause the cessation of the contravention referred to in that subsection to which the
surcharge relates.
(4) Where-
(a) an employer has contravened section 40(1) of the Employees' Compensation Ordinance (Cap 282)
("first contravention");
(b) a notice in writing under subsection (6)(a) has been served on the employer in respect of the first
contravention; and
(c) the employer has, not later than 24 months after the date on which that notice was so served, again
contravened section 40(1) of that Ordinance ("second contravention"),
then, in the case of the second contravention, the amount of surcharge payable by the employer under subsection (1)
by virtue of subsection (2) or (3) shall be multiplied by a factor of 2.
(5) The Board may serve a notice in writing on an employer or insurer requiring the employer or insurer, as the
case may be, to furnish information and particulars-
(a) which enables the Board to determine, to its satisfaction, the amount of surcharge payable by the
employer under subsection (1); and
(b) within the period specified in the notice, being a period reasonable in all the circumstances of the case.
(6) Where a surcharge is payable under this section by an employer-
(a) the Board shall serve a notice in writing ("demand notice") on the employer, accompanied by a copy of
this section in the Chinese and English languages, advising the employer-
(i) of the surcharge, its amount, the grounds therefor and the period, being a period of not less than
30 days after the date of service of the demand notice, within which the employer shall pay the
surcharge to the Board; and
(ii) that the employer may, not later than 14 days after the date of service of the demand notice, serve
a notice in writing ("review notice") on the Board requesting the Board to review, on the grounds
specified in the review notice, the amount of the surcharge or the grounds therefor or both;
(b) the Board shall carry out a review requested in a review notice and serve a notice in writing ("final
notice") on the employer-
(i) advising the employer that the demand notice is-
(A) confirmed;
(B) varied in the manner specified in the final notice and for the reasons stated therein; or
(C) withdrawn; and
(ii) not later than 30 days after receipt of the review notice.
(7) An employer who is not satisfied with a determination of the Board as specified in a final notice under
subsection (6)(b) may appeal against the determination to the District Court not later than 30 days after the final notice
is served on the employer.
(8) The District Court may in a particular case extend the period specified in subsection (7) where it thinks fit
to do so.
(9) On an appeal under subsection (7), the District Court may-
(a) by order confirm, vary or cancel the determination of the Board as specified in the final notice the
subject of the appeal;
(b) make such order as to costs as it thinks fit.
(10) A surcharge under this section shall be recoverable as a civil debt due to the Board.
(11) In this section, "employer" (僱主) includes a former employer.
(Added 16 of 2002 s. 23)
Part: V RECOVERY OF PAYMENTS 30/06/1997
(Enacted 1991)
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 18
Section: 37 Subrogation L.N. 13 of 2004 01/04/2004
(1) Where a payment is made from the Fund under Part IV to any person ("the recipient"), being payment of an
amount of compensation or damages which an employer, insurer or third party is liable to pay the recipient, all the
rights and remedies of the recipient with respect to-
(a) the compensation or damages existing immediately before the payment are, to the extent of the amount
of the payment; and
(b) any sum payable in respect of interest or costs in respect of the compensation or damages are,
transferred to and vested in the Board for the benefit of the Fund. (Replaced 16 of 2002 s. 24)
(2) (Repealed s. 46A(5) (see 16 of 2002 s. 30))
(3) The Board may take such steps as it considers necessary to enforce the rights and remedies transferred and
vested in it under this section, including steps where the Board permits in writing the recipient or employer from
whom the rights and remedies were transferred to take proceedings to recover, for the benefit of the Fund, the amount
(or any part thereof) to which the rights and remedies relate. (Replaced 16 of 2002 s. 24)
(4) Where the amount of compensation or damages for which an employer is liable exceeds the amount of any
payment from the Fund in respect of that liability, nothing in this section affects the rights or remedies of the recipient
of the payment as regards the amount of the excess.
(5) (Repealed s. 46A(5) (see 16 of 2002 s. 30))
(6) For the purposes of this section-
(a) any payment made under section 28 to a person shall be deemed as a payment which the employer is
liable to make to the person;
(b) a relief payment shall be deemed to be payment of an amount of damages,
and the provisions of this section shall be construed accordingly. (Added 16 of 2002 s. 24)
(Enacted 1991)
Section: 37A Recovery of payment 16 of 2002 01/07/2002
Where an eligible person receives any amount of damages in respect of an injury for which a relief payment has
already been made, then the Board shall be entitled to recover from the eligible person as a civil debt such part, if any,
of that amount which, taken together with the relief payment, is in excess of the amount of damages to which the
eligible person is entitled.
(Added 16 of 2002 s. 25)
Section: 38 Recovery of payment made by mistake L.N. 13 of 2004 01/04/2004
(1) Where any payment is made from the Fund under a mistake of law or fact, the payment is recoverable by
the Board from the person to whom such payment was made as a debt due to the Board. (Amended 16 of 2002 s. 26)
(2) (Repealed 16 of 2002 s. 26)
(Enacted 1991)
Section: 39 Recovery of payment where false statement by recipient 30/06/1997
(1) Where-
(a) a payment is made from the Fund to a person ("the recipient" (收款人)) under Part IV; and
(b) the recipient had, for the purposes of the application in respect of which the payment was made-
(i) made any statement which he knew to be false in a material particular, or recklessly made a
statement which was false in a material particular; or
(ii) with intent to deceive, produced, supplied or sent or otherwise made use of any document or
record which was false in a material particular,
the payment is recoverable by the Board from the recipient as a debt due to the Board.
(2) In this section "application" (申請) includes an inquiry by the Board under this Ordinance in respect of the
application.
(Enacted 1991)
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 19
Part: VI MISCELLANEOUS 30/06/1997
(Enacted 1991)
Section: 40 Offences 23 of 2002 19/07/2002
(1) Any person who-
(a) in providing information for the purposes of this Ordinance, including any inquiry under this
Ordinance, makes any statement which he knows to be false, or does not believe to be true, in a
material particular or recklessly makes a statement which is false in a material particular; or
(b) for the purposes of this Ordinance, including any inquiry under this Ordinance, and with intent to
deceive, produces, supplies or sends, or otherwise makes use of, any document or record or makes any
declaration which is to his knowledge false, or which he does not believe to be true, in a material
particular,
commits an offence and is liable to a fine at level 6 and to imprisonment for 12 months. (Amended 16 of 2002 s. 27)
(2) Any person who, without reasonable excuse, fails to comply with any requirement, or respond to any
inquiry, imposed or made by the Board under section 21(4) or 25B(8) or, where the person is an insurer, 36A(5)
commits an offence and is liable to a fine at level 2 and to imprisonment for 1 month. (Amended 16 of 2002 s. 27)
(3) Without prejudice to any Ordinance relating to the prosecution of offences or to the powers of the Secretary
for Justice in respect of the prosecution of criminal offences, a prosecution for an offence under this Ordinance may be
brought in the name of the Board and commenced and conducted by a member, or an officer, of the Board authorized
in that behalf in writing by the Board. (Amended L.N. 362 of 1997)
(4) Where the Board or any officer authorized under subsection (3) makes a complaint or lays an information
for an offence under this Ordinance, the complainant or informant is deemed to be acting on behalf of the Secretary
for Justice. (Amended L.N. 362 of 1997; 23 of 2002 s. 3)
(Enacted 1991)
Section: 41 Regulations L.N. 13 of 2004 01/04/2004
(1) The Chief Executive in Council may make regulations- (Amended 56 of 2000 s. 3)
(a) providing for-
(i) the making of applications under Part IV;
(ii) the carrying out of inquiries by the Board into an applicant's eligibility for relief;
(iii) the procedures for making payments from the Fund;
(iv) (Repealed s. 46A(5) (see 16 of 2002 s. 30))
(v) the recovery of payments by the Board under Part V;
(b) for any matter or any form which is to be or may be prescribed; and
(c) generally for the better carrying out of the provisions and purposes of this Ordinance.
(2) Regulations made under this section may provide that a contravention of any specified provision of any
such regulation is an offence and may provide penalties for breach of the offence not exceeding a fine at level 3 and
imprisonment for 3 months. (Amended 16 of 2002 s. 28)
(Enacted 1991)
Section: 42 Protection of members, etc. of Board 30/06/1997
(1) No-
(a) member of the Board;
(b) member of any committee of the Board;
(c) employee of the Board; or
(d) person exercising powers in association with the Board under section 5(2)(f),
acting in good faith is personally liable for any act done or default made by-
(i) the Board;
(ii) any committee of the Board; or
(iii) any such member, employee or person,
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 20
in the exercise or performance (or the purported exercise or performance) of any of the powers or functions conferred
or imposed on the Board under this Ordinance.
(2) The protection afforded under subsection (1) to any member, employee or other person in respect of any act
or default does not affect any liability of the Board for that act or default.
(Enacted 1991)
Section: 43 Evidence by certificate L.N. 13 of 2004 01/04/2004
A certificate purporting to be signed by the Chairman or any member authorized by the Board stating-
(a) that an amount of money has been paid from the Fund to the person named in the certificate on the
date specified; or
(b) the nature of the liability of the employer in respect of which the amount was paid, (Amended s.
46A(6) (see 16 of 2002 s. 30))
is sufficient evidence of that fact in any proceedings until the contrary is proved.
(Enacted 1991)
Section: 44 Service by post 30/06/1997
Any document required to be served under this Ordinance may be served by post.
(Enacted 1991)
Section: 45 Financial Secretary may charge fees 30/06/1997
The Financial Secretary may charge fees for any service provided to the Board by the Government.
(Enacted 1991)
Section: 45A Amendment of Schedule 4 16 of 2002 01/07/2002
The Secretary may, by notice published in the Gazette, amend Schedule 4.
(Added 16 of 2002 s. 29)
Section: 46 Transitional L.N. 245 of 2000 01/08/2000
(1) Nothing in the Employees' Compensation (Amendment) Ordinance 1996 (36 of 1996) ("the amending
Ordinance") shall apply to applications for payment under section 16, 17 or 18 in respect of claims for compensation
arising from accidents occurring before the commencement* of the amending Ordinance and section 16(2)(a)(ii) shall
continue to apply to such applications as if it had not been repealed by the amending Ordinance. (Amended 52 of
2000 s. 42)
(2) Nothing in the Employees' Compensation (Amendment) (No. 2) Ordinance 2000 (52 of 2000) shall apply to
applications for payment from the Fund in respect of claims for compensation arising from accidents occurring before
the commencement# of that Ordinance, and the provisions in force immediately before the commencement# of that
Ordinance shall continue to apply to such applications as if they had not been repealed or amended by that Ordinance.
(Added 52 of 2000 s. 42)
(Added 36 of 1996 s. 34)
___________________________________________________________________
Note:
* Commencement date: 1 July 1996.
# Commencement date: 1 August 2000.
Section: 46A Transitional provisions in relation to Employees
Compensation Assistance (Amendment) Ordinance 2002
L.N. 13 of 2004 01/04/2004
(1) Where before the commencement+ of section 6 of the Employees Compensation Assistance (Amendment)
Ordinance 2002 (16 of 2002) an employer is liable for the payment of an amount of compensation or damages for the
purposes of section 16 as in force immediately before that commencement+, then-
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 21
(a) the provisions of this Ordinance as amended by that Ordinance shall not apply to or in relation to any
such compensation or damages;
(b) the provisions of this Ordinance as in force immediately before that commencement+ shall apply to
and in relation to-
(i) any such compensation or damages; and
(ii) any application or claim made in relation thereto under this Ordinance as so in force, and
whether or not the application or claim is made before, on or after that commencement+.
(2)-(7) (Omitted as spent)
(8) Despite the commencement** of subsection (2)*, an employer, or a principal contractor who has taken out
a policy of insurance in accordance with section 40(1B) of the Employees’ Compensation Ordinance (Cap 282), may
apply under the repealed section 17 or repealed section 18 as if the section had not been repealed, if the application
relates to an insurer in respect of whom a notice has been published, before that commencement, under section 20.
(Replaced 37 of 2003 s. 4)
(8A) Despite the commencement** of subsection (2)*, this Ordinance as in force immediately before that
commencement shall continue to have force in relation to-
(a) an application that is made before that commencement under section 17 or 18 (whether the application
has been determined by the Board before that commencement); and
(b) an application that is made under the repealed section 17 or repealed section 18 by virtue of subsection
(8). (Added 37 of 2003 s. 4)
(9) Where before the commencement** of this subsection there is in force a policy of insurance in relation to
an injured employee indemnifying the employee's employer in respect of the employer's liability for payment of an
amount of compensation or damages in respect of the injury concerned for which he would be liable under section 16
or 20A, as the case may be, then, on and after that commencement, no person is entitled to make an application under
that section in respect of any compensation or damages arising from that injury.
(Added 16 of 2002 s. 30)
___________________________________________________________________
Note:
++ Commencement date: 1 July 2002.
** Please refer to 16 of 2002 s. 30.
** ** Commencement date: 1 April 2004.
Section: 47 (Omitted) 30/06/1997
(Omitted)
(Enacted 1991)
Schedule: 1 PROVISIONS REGARDING THE BOARD AND ITS
MEMBERS
16 of 2002 01/07/2002
[section 3]
Common seal
1. The Board shall have a common seal.
Members
2. (1) Subject to subparagraph (3), a member of the Board appointed under section 3(2)(a) or (b) who is not a
public officer holds office in accordance with the terms of his appointment and is eligible for re-appointment on
ceasing to be a member.
(2) Any member appointed under section 3(2)(a) or (b) who is not a public officer may at any time-
(a) resign his office by notice in writing to the Chief Executive; or
(b) be removed from office by the Chief Executive for permanent incapacity or other sufficient cause,
and upon such resignation or removal the term for which he was appointed is deemed to have expired.
(3) Where any member appointed under section 3(2)(a) or (b) is precluded by temporary incapacity or other
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 22
cause from exercising his functions as a member for any period, the Chief Executive may appoint another person to
act in place of that member during that period.
(4) Where any question arises under subparagraph (2)(b) or (3) as to whether any incapacity or cause exists or
whether any incapacity is temporary or permanent or any cause sufficient, the decision of the Chief Executive is final.
(Amended 56 of 2000 s. 3)
3. If the Chief Executive is satisfied that a member of the Board appointed under section 3(2)(a) or (b) who is not a
public officer-
(a) has failed to attend 3 consecutive meetings of the Board without the permission of the Board;
(b) has become bankrupt or made an arrangement with his creditors;
(c) is incapacitated by physical or mental illness; or
(d) is otherwise unable or unfit to discharge the functions of a member,
the Chief Executive may declare his office as a member of the Board to be vacant, and shall notify that fact in such
manner as the Chief Executive thinks fit, and upon such declaration the office becomes vacant.
(Amended 56 of 2000 s. 3)
Meetings
4. The quorum of the Board is 5 and, while a member is disqualified from taking part in a decision or deliberation
of the Board in respect of a matter, he shall be disregarded for the purposes of constituting a quorum of the Board for
deciding, or deliberating on, that matter.
(Amended 16 of 2002 s. 31)
5. (1) Subject to the foregoing provisions of this Schedule and to subparagraphs (2) to (5), the Board has power
to regulate its own procedure including the manner in which decisions of the Board may be made by a quorum of its
members otherwise than at a meeting of the Board.
(2) Meetings of the Board shall be held at such times and places as the Chairman may appoint.
(3) The Chairman shall preside at any meeting of the Board.
(4) If the Chairman is absent from any meeting of the Board, the members present at the meeting shall elect
one of their number to act as Chairman in his place.
(5) The Chairman has a deliberative vote on all matters coming before the Board and in the case of an equality
of votes he also has a casting vote.
Transaction of business
6. The Board may transact any of its business by circulation of papers amongst members whether any such
member is in or outside Hong Kong, and a resolution in writing which is approved in writing by a majority of the
members is as valid and effectual as if it had been passed at a meeting of the Board by the votes of its members so
approving the resolution.
Committees
7. (1) The Board may create, and appoint the members of, such committees for the better carrying out of the
powers and functions of the Board as it thinks fit.
(2) At least two-thirds of the membership of any such committee shall be persons who are members of the
Board.
(3) The Board shall determine the number of members of a committee created under subparagraph (1) and
shall appoint the chairman of the committee.
(4) Subject to the terms of any delegation by the Board or to any directions of the Board, a committee-
(a) may exercise and perform the delegated powers and functions with the same effect as if it were the
Board itself;
(b) is presumed to be acting in accordance with the terms of the delegation in the absence of proof to the
contrary; and
(c) may regulate its own procedure.
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 23
8. (1) Subject to subparagraph (2), the Board may, with or without restrictions or conditions as it thinks fit,
delegate in writing any of its powers and functions to any committee created under paragraph 7(1).
(2) The Board shall not delegate the power-
(a) to create any committee;
(b) to determine matters relating to the remuneration and terms and conditions of appointment or
employment of the employees of the Board;
(c) to establish, manage and control, or enter into an arrangement for the establishment, management and
control of any fund or scheme for the purpose of providing for the payment of allowances, benefits,
gratuities, pensions and remuneration to the employees of the Board; or
(d) to determine any application under Part IV or to conduct or compromise any proceedings under that
Part.
Miscellaneous
9. Every document purporting to be an instrument made or issued by or on behalf of the Board, or to be signed or
executed by the Chairman or a person authorized by the Board to act in that behalf, shall be received in evidence and
deemed, without further proof, to be so made or issued or to be so signed or executed, unless the contrary is shown.
10. A certificate signed by the Chairman that an instrument of the Board purporting to be made or issued by or on
behalf of the Board was so made or issued is conclusive evidence of that fact.
11. The Board may engage the services of technical and professional advisers as it thinks fit, and may determine all
matters relating to their remuneration and terms and conditions of engagement.
(Enacted 1991)
Schedule: 2 (Repealed s. 46A(7) (see 16 of 2002 s. 30)) L.N. 13 of 2004 01/04/2004
Schedule: 3 (Omitted) 30/06/1997
Schedule: 4 PRESCRIBED MONTHLY AMOUNT, PRESCRIBED
RELIEF PAYMENT AND PRESCRIBED SURCHARGE
16 of 2002 01/07/2002
[sections 2 & 45A]
PART 1
PRESCRIBED MONTHLY AMOUNT
$10000
PART 2
PRESCRIBED MONTHLY AMOUNT (EXTRA)
$10000
PART 3
PRESCRIBED RELIEF PAYMENT
Cap 365 - EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE 24
$1500000
PART 4
PRESCRIBED SURCHARGE
$10000 where section 36A(3)(a) of this Ordinance is
applicable and $5000 where section 36A(3)(b)
of this Ordinance is applicable
(Schedule 4 added 16 of 2002 s. 32)
