【法规名称】
【法规编号】 79959 什么是编号？
【正 文】
第10页 CAP 365 EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE
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[接上页] (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. (Enacted 1991) Cap 365 s 27 Payments by the Brewin Trust Fund 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) Cap 365 s 28 Payments in anticipation of entitlement under section 16, etc. (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 (Amended 16 of 2002 s. 19; s. 46A(4) (see 16 of 2002 s. 30)) (2) (Repealed s. 46A(4) (see 16 of 2002 s. 30)) (3) If a person accepts an offer made under subsection (1) and receives payment accordingly, that person shall not have the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) Cap 365 s 29 Written offers by the Board in proceedings (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) Cap 365 s 30 Ex gratia payment 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) Cap 365 s 31 (Repealed s. 46A(5) (see 16 of 2002 s. 30)) Cap 365 s 32 Rules of Court The Chief Justice may make rules for proceedings to which this Part relates. (Enacted 1991) Cap 365 s 33 Application of this Part 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) |
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