### Employees’ Compensation Ordinance 《僱員補償條例》

45A. Inspection of domestic premises
A magistrate may, if he is satisfied by information on oath that there may be found in any domestic premises any evidence of an offence under section 40, issue a warrant authorizing the Commissioner or any other person named in the warrant to—
(a) enter the domestic premises at any reasonable time; and
(b) require the production of, inspect, examine or take copies of any insurance policy, cover note or other document issued for the purposes of this Part in respect of any employee employed in such domestic premises.

45B. Offences against sections 45 and 45A
Without prejudice to section 45C, any person who in connection with any inspection under section 45 or 45A—
(a) fails without reasonable excuse to produce any record or other document referred to in that section when required to do so by the Commissioner or any person authorized under that section; or
(b) furnishes to the Commissioner or any such person any information which he knows or reasonably ought to know to be false or misleading in any material particular,
(c) (Repealed 63 of 1992 s. 13)commits an offence and is liable to a fine at level 5. (Amended 36 of 1996 s. 23)
(Amended 63 of 1992 s. 13)

### Employees’ Compensation Ordinance 《僱員補償條例》

45C. Notice to produce documents etc.
(1) The Commissioner may, by notice in writing to an employer, require the employer to produce for inspection by the Commissioner, on such date and at such time and place as is specified in the notice—
(a) a policy of insurance issued and in force for the purposes of this Part as at the date of the notice or as at a date specified in the notice or a cover note in respect of any such policy of insurance, or such other evidence as to the existence of any such policy as the Commissioner may specify in the notice; and (Amended 59 of 1988 s. 14)
(b) any other document, or any article or record, specified in the notice, relating to employees of the employer or to such insurance.
(1A) An employer is not required to produce anything under subsection (1)(a) in respect of a date specified by the Commissioner in his notice that is earlier than 3 years preceding the date of the Commissioner’s notice. (Added 59 of 1988 s. 14)
(2) An employer who fails without reasonable excuse to comply with the requirements of a notice under subsection (1) commits an offence and is liable—
(a) where the offence relates to a document or matter referred to in subsection (1)(a)—
(i) on conviction upon indictment to a fine at level 6 and to imprisonment for 2 years; and
(ii) on summary conviction to a fine at level 6 and to imprisonment for 1 year; or (Amended 52 of 2000 s. 21)
(b) where the offence relates to a document or matter referred to in subsection (1)(b), to a fine at level 5. (Amended 63 of 1992 s. 14; 36 of 1996 s. 24)
(3) The Commissioner may inspect, examine or take copies of any article, record or document produced under subsection (1).
(4) Any person who hinders or impedes the Commissioner in the exercise of his powers under subsection (3) commits an offence and is liable to a fine at level 5. (Amended 63 of 1992 s. 14; 36 of 1996 s. 24)

### Employees’ Compensation Ordinance 《僱員補償條例》

45D. Notice of premium increases
(1) Notwithstanding anything in section 49, the Chief Executive in Council may by regulations require an insurer to give notice in advance to the Commissioner of any increase proposed in the premium generally charged by the insurer for a policy of insurance issued for the purposes of this Part, whether or not such increase is to apply in relation to a particular trade, industry or occupation. (Amended 56 of 2000 s. 3)
(1A) Regulations made under this section may require the insurer referred to in subsection (1) to also provide details of current premiums in a form that will enable the Commissioner to compare the proposed increase with the current premiums. (Added 66 of 1993 s. 16)
(2) Regulations made under this section may provide that a contravention of any specified provision shall be an offence, and may prescribe penalties therefor not exceeding a fine at level 4 and imprisonment for 6 months. (Amended 52 of 2000 s. 22)
(3) When at any time a body corporate commits an offence under regulations made under this section with the consent or connivance of, or because of neglect by, any individual, the individual commits the like offence if at that time—
(a) he is a director, manager, secretary or similar officer or main agent of the body corporate or is purporting to act as such officer or as agent of such body corporate; or
(b) the body corporate is managed by its members, of whom he is one.
(Part IV replaced 76 of 1982 s. 28)

46. Compensation not to be assigned, charged or attached
(1) Compensation payable under the provisions of this Ordinance shall not be capable of being assigned, charged or attached, and shall not pass to any other person by operation of law nor shall any claim be set off against such compensation. (Amended 63 of 1992 s. 15)
(2) Notwithstanding subsection (1), compensation payable under the provisions of this Ordinance to any person who is or has been an aided person within the meaning of the Legal Aid Ordinance (Cap. 91) shall be subject to the first charge for the benefit of the Director of Legal Aid under section 18A of that Ordinance in respect of any unpaid contribution or deficiency referred to in that section. (Added 63 of 1992 s. 15)

### Employees’ Compensation Ordinance 《僱員補償條例》

47. Deduction of insurance premiums from earnings to be an offence
(1) An employer who, for the purpose of defraying or partly defraying the cost of insurance in respect of his liability to pay compensation under the provisions of this Ordinance, makes any deduction from the earnings of an employee in his employ, shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3 and to imprisonment for 6 months. (Amended 44 of 1980 s. 15; 76 of 1982 s. 29; 63 of 1992 s. 16; 52 of 2000 s. 23)
(2) An employer convicted of an offence under subsection (1) shall, in addition to any penalty imposed under that subsection, if the court or magistrate before which the conviction was obtained so orders, pay to the employee any sum deducted from the employee’s earnings—
(a) in respect of which the offence was committed; and
(b) which has not at the time of the conviction been repaid.
(Added 76 of 1982 s. 29)