### Employees’ Compensation Insurance Levy (Rate of Levy) Order 《僱員補償保險徵款(徵款率)令》

1. Citation
This Order may be cited as the Employees’ Compensation Insurance Levy (Rate of Levy) Order.
(E.R. 6 of 2020)

2. Prescribed rate of levy
The rate of the Employees’ Compensation Insurance Levy payable on each premium payable by an insured in respect of any insurance policy issued by an insurer—
(a) before the commencement# of section 47 of the Occupational Deafness (Compensation) Ordinance (Cap. 469) is 2%;
(b) after the commencement# of that section and before 1 January 1998 is 3.5%; (L.N. 483 of 1997)
(c) on or after 1 January 1998 and before 1 April 1998 is 4.5%; (5 of 1998 s. 22)
(d) on or after 1 April 1998 and before 1 July 2002 is 5.3%; (16 of 2002 s. 33)
(e) on or after 1 July 2002 and before the commencement* of section 30 of the Occupational Deafness (Compensation) (Amendment) Ordinance 2010 (6 of 2010) is 6.3%; (6 of 2010 s. 30)
(f) on or after the commencement* of section 30 of the Occupational Deafness (Compensation) (Amendment) Ordinance 2010 (6 of 2010) is 5.8%. (6 of 2010 s. 30)
(21 of 1995 s. 47) Editorial Note:

# Commencement date: 1 July 1995.  * Commencement date: 1 July 2010. 

### Employees’ Compensation Insurance Levies Ordinance 《僱員補償保險徵款條例》

1. Short title
(Amended E.R. 5 of 2020)(1) This Ordinance may be cited as the Employees’ Compensation Insurance Levies Ordinance.
(2) (Omitted as spent—E.R. 5 of 2020)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Board (管理局) means the Employees’ Compensation Insurance Levies Management Board established under section 3;
Chairman (主席) means the Chairman of the Board appointed under section 3(2)(a) or any other person when acting as Chairman;
financial year (財政年度) means the period fixed as the financial year of the Board under section 9(1);
insurance policy (保險單) means a policy of insurance issued for the purposes of Part IV of the Employees’ Compensation Ordinance (Cap. 282) and includes any endorsement to that policy;
insured (受保人) means any person to whom an insurance policy is issued or by whom such policy has been renewed, and includes any agent or broker acting on behalf of that person;
insurer (承保人) has the meaning assigned to it in the Employees’ Compensation Ordinance (Cap. 282);
issues (發出), in relation to an insurance policy, includes renews, and issued shall be construed accordingly;
levy (徵款) means the levy imposed under section 14;
premium (保費) means an amount paid or payable to an insurer in respect of an insurance policy issued in any relevant period before deducting any sum for reinsurance ceded and any commissions of agents or brokers but after deducting any discount specified in such policy or any refund made in respect of the termination or reduction of risks under that policy;
relevant period (有關期間) means any period of 3 months determined by the Board under section 9(1);
Secretary (局長) means the Secretary for Labour and Welfare. (Replaced L.N. 106 of 2002. Amended L.N. 130 of 2007)

### Employees’ Compensation Insurance Levies Ordinance 《僱員補償保險徵款條例》

3. Establishment of the Board
(1) There shall be established a body corporate, to be called the “Employees’ Compensation Insurance Levies Management Board”, which shall have such powers and functions as are conferred and imposed on it under this Ordinance. (Amended E.R. 5 of 2020)
(2) The Board shall consist of—
(a) a Chairman who shall be appointed by the Chief Executive for a term not exceeding 3 years;
(b) not more than 2 other members not being public officers who, in the opinion of the Chief Executive, represent employers and who shall be appointed by the Chief Executive for a term not exceeding 3 years;
(c) not more than 2 other members not being public officers who, in the opinion of the Chief Executive, represent employees and who shall be appointed by the Chief Executive for a term not exceeding 3 years;
(d) a member not being a public officer who, in the opinion of the Chief Executive, is connected with the insurance industry in Hong Kong and who shall be appointed by the Chief Executive for a term not exceeding 3 years;
(e) a member for the time being of the Occupational Safety and Health Council who shall be appointed by the Chief Executive for a term not exceeding 3 years; (Amended 54 of 1991 s. 47)
(ea) a member for the time being of the Employees Compensation Assistance Fund Board who shall be appointed by the Chief Executive for a term not exceeding 3 years; (Added 54 of 1991 s. 47. Amended 21 of 1995 s. 43)
(eb) a member for the time being of the Occupational Deafness Compensation Board who shall be appointed by the Chief Executive for a term not exceeding 3 years; and (Added 21 of 1995 s. 43)
(f) not more than 2 other members being public officers each of whom shall be appointed by the Chief Executive and hold office at the discretion of the Chief Executive. (Amended 56 of 2000 s. 3)
(3) The members of the Board appointed under subsection (2) shall be the governing body of the Board and shall comprise its managing committee with authority, in the name of the Board, to exercise and perform the powers and functions conferred and imposed on the Board under this Ordinance.
(4) Schedule 1 shall have effect as respects the Board and the members thereof.

### Employees’ Compensation Insurance Levies Ordinance 《僱員補償保險徵款條例》

4. Functions of the Board
The functions of the Board are—
(a) to collect the levy remitted by insurers;
(b) to make recommendations to the Chief Executive in Council with respect to the rate of levy; (Amended 56 of 2000 s. 3)
(c) to distribute the net resources of the Board (within the meaning of Part III) to the bodies specified in Schedule 2 in accordance with section 7(1); and
(d) to perform such other functions as are imposed on it under this Ordinance.

5. General powers of the Board
(1) The Board may do such things as are expedient for or conducive to the attainment of the functions referred to in section 4 or which in the opinion of the Board are necessary to facilitate the proper carrying out of the functions of the Board.
(2) Without restricting the generality of subsection (1) the Board may—
(a) appoint such employees as it may determine on such terms and conditions of service as the Board thinks fit including the payment of allowances, benefits, gratuities, pensions and remuneration;
(b) make or provide ex gratia payments to any employee of the Board, or to the personal representative of a deceased employee of the Board or to any other person who was dependent on such employee at his death; and
(c) exercise any of its powers either alone or in association with any person or persons.