【法规名称】
【法规编号】 79977 什么是编号？
【正 文】
CAP 282 EMPLOYEES' COMPENSATION ORDINANCE
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To provide for the payment of compensation to employees who are injured in the course of their employment. (Amended 44 of 1980 s. 2) [1 December 1953] G.N.A. 160 of 1953 (Originally 28 of 1953) Cap 282 s 1 Short title PART I PRELIMINARY (Added 19 of 1964 s. 2) This Ordinance may be cited as the Employees' Compensation Ordinance. (Amended 44 of 1980 s. 15) Cap 282 s 2 Meaning of "employee" Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 (1) In this Ordinance, unless the context otherwise requires, the expression "employee" (雇员) , subject to section 4 and the proviso to this subsection, means any person who has, either before or after the commencement of this Ordinance, entered into or works under a contract of service or apprenticeship with an employer in any employment, whether by way of manual labour, clerical work, or otherwise, and whether the contract is expressed or implied, is oral or in writing: (Amended 11 of 1958 s. 2) Provided that the following persons are excepted from the definition of "employee" (雇员) - (a) (Repealed 44 of 1980 s. 3) (b) any person whose employment is of a casual nature, and who is employed otherwise than for the purposes of the employer's trade or business, not being a person employed for the purposes of any game or recreation and engaged or paid through a club and not being a part-time domestic helper; or (Amended 63 of 1992 s. 2) (c) an outworker; or (d) a member of the employer's family employed by such employer and who resides with the employer. (Amended 55 of 1969 s. 2)(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) In this Ordinance, unless 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 the members of his family or any of them or the Official Administrator or such other officer as the Chief Executive may appoint to act on behalf of the members of the family of the employee. (Amended 36 of 1996 s. 2; 52 of 2000 s. 2; 56 of 2000 s. 3) (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 subsection (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 subsection (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) Cap 282 s 3 Interpretation (1) In this Ordinance, unless the context otherwise requires- (Amended 52 of 2000 s. 3) "accident insurance business" (意外保险业务) 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) "Certificate for Funeral and Medical Attendance Expenses" (殡殓费和医护费证明书) means a certificate issued under section 6E(1)(b); (Added 52 of 2000 s. 3) "Certificate of Compensation Assessment for Fatal Case" (致命个案补偿评估证明书) means a certificate issued under section 6B(1)(b); (Added 52 of 2000 s. 3) "Certificate of Interim Payment" (临时付款证明书) means a certificate issued under section 6C(1)(b); (Added 52 of 2000 s. 3) "cohabitee" (同居者), in relation to an employee, means any person who at the time of the accident concerned was living with the employee as the employee's wife or husband; (Added 52 of 2000 s. 3) "Commissioner" (处长) means the Commissioner for Labour; (Replaced 13 of 1966 Schedule. Amended 55 of 1969 s. 3; L.N. 142 of 1974) "compensation" (补偿) means any of the following- (a) compensation payable under section 6, 7, 8, 9 or 10, including the expenses of the funeral and medical attendance payable under section 6(5); (Amended 52 of 2000 s. 3) (b) medical expenses payable under section 10A; |
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