### Employees’ Compensation (Rules of Court) Rules 《僱員補償(法院規則)規則》

1. Citation
These rules may be cited as the Employees’ Compensation (Rules of Court) Rules.
(L.N. 240 of 1980)

2. Interpretation
In these rules—
“Schedule” (附表) means a Schedule to these rules;
“the Ordinance” (本條例) means the Employees’ Compensation Ordinance (Cap. 282).

3. Forms and fees
The forms contained in the Schedule or forms to the like effect shall be used with such variations and modifications as the circumstances may require.
(G.N.A. 84 of 1956)

4. General duties of registrar
It shall be the duty of the registrar of the court, upon request, to—
(a) give information as to matters of form or procedure to any party, and to supply to any party who is not legally represented any form required by these rules for use in matters or proceedings before a court;
(b) fill in and make copies of any necessary forms whenever a party, who is not legally represented, is unable to do so owing to illiteracy, blindness, or other physical cause;
(c) issue all necessary process.

5. Marking of documents
The registrar of the court shall mark with a separate number the first document lodged with him by an applicant, and any document lodged subsequently by any party in relation to that application shall first be marked with the same number by the party lodging it and unless so marked may be refused by the registrar of the court.

6. Separate records to be kept
The registrar of the court shall file under their respective numbers and keep separate the records of all applications under the Ordinance.

7. Application Record Book
The registrar of the court shall keep a book, to be called the “Application Record Book”, which shall be in the form and contain the particulars set out in Form 12 in the Schedule.

9. Signature of registrar sufficient
Any minute of any order or appointment made by the court and any receipt to be given by the court may be signed by the registrar of the court.

10. Full name and address to be furnished

The first document lodged by a party with the registrar of the court shall bear such party’s full name and such address as will enable service of notices and documents to be effected on him either by delivery or through the post. A post office box alone shall not be a sufficient address for the purposes of this rule.

11. Change of address to be notified
Any change of such address shall forthwith be notified, by the party making such change, to the registrar of the court and to the other party or parties to the proceedings.

12. When change of address to be effective
Any address lodged by a party in pursuance of this rule shall remain an address for service of such party from the date of lodging such address until 48 hours after change thereof has been notified as prescribed in the preceding rule.

### Employees’ Compensation (Rules of Court) Rules 《僱員補償(法院規則)規則》

13. General provisions as to service
(Adaptation amendments retroactively made - see 56 of 2000 s. 3)
Save as is otherwise specially provided in the Ordinance or these rules, the following provisions shall apply to service of applications, answers, orders, notices, and other documents which, by the Ordinance or the rules made thereunder, are required to be served on any person who resides in Hong Kong or who has an address for service in Hong Kong or who has authorized a person resident in Hong Kong to accept service on his behalf— (56 of 2000 s. 3)
(a) Service may be effected by sending (within 24 hours after the document to be served has been lodged with the registrar of the court) a copy thereof by prepaid registered post to the party to be served at his address for service. Every copy so sent shall, until the contrary is proved or unless and until the copy is returned by the postal authorities, be deemed to have been served on the person to whom it was so addressed at the time at which it would be delivered in the ordinary course of post.
(b) Where a party to an application employs a legal practitioner for the purposes of the application, service upon that party may be effected by delivery of the document at the office of such legal practitioner.
(c) Service may also be effected through the bailiff of the court in the manner provided by the rules governing service of summons in actions in the court.
(d) Service may be validly effected in any other manner, provided that a receipt, stating the date and hour of service signed by the person to be served or by a person entitled to give such receipt on his behalf, is endorsed on the document or on a copy thereof.

14. Court may direct manner of service in particular cases
Where any respondent to an application either does not come within the provisions made in the preceding rule, or cannot be served in any of the manners provided in that rule, the court may, upon application ex parte supported by an affidavit stating the circumstances, direct in what manner service shall be effected upon him, including s ervice by newspaper advertisement; and service in accordance with such directions shall be valid and effectual.

15. Service to be effected by parties
Save where other provision is made, service shall be effected by or at the instance of the parties.

### Employees’ Compensation (Rules of Court) Rules 《僱員補償(法院規則)規則》

16. Method of application

(1)  An employee or an employer or any other person who desires the determination of any question arising out of an accident in which compensation is or might be claimed shall lodge with the registrar of the court a written application in Form 1, 2 or 3 in the Schedule accompanied by particulars containing— (L.N. 240 of 1980)
(a) a concise statement of the circumstances in which the application is made and the relief or order which the applicant claims, or the question which he desires to have determined;
(b) the full name and address of the applicant, and the name and address of the respondent.
(2) If the application be made by an employer, it shall be accompanied by a statement whether he admits his liability to pay compensation or denies such liability, and whether the admission or denial is total or partial, and if he admits or denies liability. In the case of a denial of liability, the grounds shall be stated.

### Employees’ Compensation (Rules of Court) Rules 《僱員補償(法院規則)規則》

16A. Use of language in applications and in Court
(1) A judge may use either or both of the official languages in hearing an application or any other proceedings or a part of any proceedings before him as he considers appropriate for the just and expeditious disposal of the proceedings before him.
(2) The decision of the judge under paragraph (1) is final.
(3) A party to an application or a witness in any proceedings or a part of any proceedings before the Court may—
(a) use either or both of the official languages; and
(b) address the Court or testify in any language.
(4) A legal representative in an application, in any proceedings or in a part of any proceedings before the Court may use either or both of the official languages.
(5) Documents prepared for use by the Court in any application may be in either official language.
(6) A party may file any document to be served on another party or person in either official language.
(7) A party served with a document in an official language with which he is not familiar may within 3 days of being served request in writing the party serving the document to provide a translation of the document into the other official language. The party receiving the request shall indicate in writing within 3 days of receiving the request whether he will provide the translation or not.
(8) A party who agrees to provide a translation shall do so as soon as practicable.
(9) A party whose request is refused may apply to the Court for an order that the party serving the document shall provide the other party with a translation of it. The Court may order the party serving the document to provide a translation of it if the Court is satisfied that the request is reasonable. The Court may further order that the time for compliance with any rule or order requiring the taking of any step in proceedings within a particular period will not start to run until the translation is received by the applicant.
(10) The time for compliance with any rule or order requiring the taking of any step in proceedings within a particular period shall start to run if a request in writing is served under paragraph (7)—
(a) only after the receipt of the refusal to give a translation;
(b) only after the receipt of the translation; or
(c) as may be ordered by the Court under paragraph (9).
(11) The costs of and incidental to providing a translation under this rule are costs in the cause of the proceedings unless the Court otherwise directs.
(L.N. 591 of 1995)