【法规名称】
【法规编号】 79959 什么是编号？
【正 文】
第5页 CAP 365 EMPLOYEES COMPENSATION ASSISTANCE ORDINANCE
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[接上页] Cap 365 s 18 (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4)) Cap 365 s 18A (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4)) Cap 365 s 19 (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4)) Cap 365 s 20 (Repealed s. 46A(2) (see 16 of 2002 s. 30 & 37 of 2003 s. 4)) Cap 365 s 20A Application by employee etc. for relief payment from the Fund in relation to unpaid damages (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) Cap 365 s 20B Amount of relief payment (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,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) Cap 365 s 20C Manner of payment of relief payment 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. <* Note - Exp. X-Ref.: Sections 20D, 20E, 20F, 20G *> (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- <* Note - Exp. X-Ref.: Sections 20D, 20E, 20F, 20G *> (a) a first payment equivalent to the prescribed relief payment; and |
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