### Occupational Deafness (Compensation) Ordinance 《職業性失聰(補償)條例》

27H. Death of applicant
Where an applicant to whom any amount is payable pursuant to a notice issued under section 27E(2) or 27F(5) dies before the amount is paid to him, that amount shall be payable to his estate.

28. Appeal
(1) A claimant who is dissatisfied with—
(a) the result of a review by the Board under section 23; or
(b) the amount of compensation awarded to him as determined by the Board after a review under section 24(3),
may appeal to the District Court.
(1A) An applicant who is dissatisfied with the result of a review conducted under section 27F(4) may appeal to the District Court. (Added 16 of 2003 s. 13)
(2) The time for making an appeal under this section is 6 months from the date of the written result of review issued under section 23(2), or of the certificate issued under section 24(3) or of the notice issued under section 27F(5) (as the case may be). (Amended 16 of 2003 s. 13)
(3) The District Court may, if it thinks fit, extend the time within which an appeal may be made under this section.
(4) On an appeal under this section, the District Court may confirm, vary or reverse any decision or determination of the Board and may make any further order, including any order as to costs, as it thinks fit.

29. Damages under common law and other enactments
(1) Nothing in this Ordinance diminishes or extinguishes any right to damages or other compensation at common law or under any other enactment for permanent incapacity resulting from deafness.
(2) Subject to subsection (3), where any person is awarded any damages or other compensation at common law or under any other enactment by a court in Hong Kong in respect of permanent incapacity resulting from sensorineural deafness suffered by him as a result of his exposure to noise in his working environment, the whole of the person’s entitlement to compensation or other payment under this Ordinance, if any, other than compensation or other payment payable prior to the date of such judgment, is extinguished.
(3) Where a person’s entitlement to compensation or other payment under this Ordinance has been extinguished under subsection (2), his entitlement is revived if he satisfies the Board that he has tried all practicable means to obtain payment of the damages or other compensation awarded but has failed to obtain payment in full.

### Occupational Deafness (Compensation) Ordinance 《職業性失聰(補償)條例》

30. Offence
(1) Any person who in connection with an application for compensation, direct payment of expenses or reimbursement of expenses by himself or any other person provides any document or makes any statement or certification of facts which is false in a material particular and which— (Amended 16 of 2003 s. 14; 6 of 2010 s. 20)
(a) he knows to be false in such particular; or
(b) he has no reasonable ground to believe to be true in such particular,
commits an offence and is liable on conviction to imprisonment for 1 year and a fine at level 5.
(2) Where a member of a professional body is alleged to have committed an offence under subsection (1), the Board may refer the allegation to that professional body.

30A. Priority of payment
(1) If in the opinion of the Board, the available funds of the Fund are insufficient to pay all amounts of compensation, direct payment of expenses and reimbursement of expenses within the periods prescribed for their payment, the Board shall apply the available funds in payment of the compensation, direct payment of expenses and reimbursement of expenses in order of priority of the dates of the certificates or notices issued under section 24(1), 24(3), 27E(2) or 27F(5) (as the case may be). 
(2) Where the dates of any 2 or more certificates or notices referred to in subsection (1) are the same, the order of priority of payment for the purposes of that subsection is to be determined by reference to the dates of birth of the relevant claimants or applicants, with the amount payable in relation to the claimant or applicant who was born earlier being paid first.
(3) Where the Board has come to the opinion described in subsection (1), it shall attach to any certificate or notice referred to in that subsection a statement indicating that the amount of the compensation, direct payment of expenses or reimbursement of expenses to which the certificate or notice relates is payable in the manner described in subsections (1) and (2).
(Added 16 of 2003 s. 15. Amended 6 of 2010 s. 21)

### Occupational Deafness (Compensation) Ordinance 《職業性失聰(補償)條例》

32. Compensation, direct payment of expenses or reimbursement of expenses not to be assigned, charged or attached
(Amended 6 of 2010 s. 22)Except under section 18A of the Legal Aid Ordinance (Cap. 91), compensation, direct payment of expenses or reimbursement of expenses is not capable of being assigned, charged or attached and does not pass to any other person by operation of law and no claim is to be set off against such compensation, direct payment of expenses or reimbursement of expenses.
(Amended 16 of 2003 s. 16; 6 of 2010 s. 22)

33. Financial Secretary may charge fees
The Financial Secretary may charge the Board fees for any service provided to the Board or the Medical Committee by the Government.

34. Protection of members, etc. of Board and Medical Committee
(1) No—
(a) member of the Board;
(b) member of the Medical Committee;
(c) member of any committee of the Board;
(d) employee of the Board,
acting in good faith is personally liable for any act done or default made by—
(i) the Board;
(ii) the Medical Committee;
(iii) any committee of the Board,
in the performance or purported performance of any function of the Board, the Medical Committee or such committee, as may be appropriate, under this Ordinance.
(2) The protection afforded under subsection (1) to any member or employee in respect of any act or default does not affect any liability of the Board for the act or default.

35. Evidence by certificate
A certificate purporting to be signed by the Chairman of the Board or any member of the Board authorized by the Board in that behalf stating that an amount of money has been paid from the Fund to the person named in the certificate on the date specified in the certificate is evidence of the fact in any proceedings.