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

30B. Application to an employee injured outside Hong Kong
(1) In this section—
foreign compensation (外地補償) means compensation paid to an employee in respect of an injury under the law of a place outside Hong Kong where the injury occurred;
person carrying on business (經營業務的人) has the same meaning as in the Business Registration Ordinance (Cap. 310).
(2) This Ordinance also applies where personal injury by accident arising out of and in the course of employment is caused to an employee outside Hong Kong where the employee’s contract of employment is entered into in Hong Kong with an employer who is a person carrying on business in Hong Kong.
(3) Compensation payable under this Ordinance to an employee referred to in subsections (2) and (5) shall be reduced by the amount of any foreign compensation paid to him in respect of the same injury. (Amended 63 of 1992 s. 12)
(4) Where foreign compensation is paid to an employee after compensation in respect of the same injury is paid under this Ordinance, the amount paid under this Ordinance, not exceeding the amount of the foreign compensation paid, shall be repaid to the employer by the employee and the amount is recoverable as a civil debt.
(5) If an employer who is a person carrying on business outside Hong Kong submits or has agreed to submit to the jurisdiction of the Court, then, notwithstanding that the accident causing the personal injury occurred outside Hong Kong, this Ordinance shall apply to employees within the meaning of this Ordinance who have been recruited or engaged in Hong Kong. (Added 63 of 1992 s. 12)
(Added 59 of 1988 s. 10)

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

31. Contracting out
(1) Any contract or agreement whether made before or after the commencement of this Ordinance, whereby an employee relinquishes any right to compensation from an employer for personal injury by accident arising out of and in the course of his employment, shall, subject to subsection (2), be null and void in so far as it purports to remove or reduce the liability of any person to pay compensation under the provisions of this Ordinance.
(2) The Commissioner may, if satisfied that, by reason of old age or serious physical defect or infirmity, a person, if employed as an employee, is specially liable to meet with an accident, or, if he meets with an accident is specially liable to sustain injury, in connection with any contract of such employment, authorize the person and the employer to enter into an agreement in writing reducing or giving up the right of such person to compensation under the provisions of this Ordinance in respect of any accident which is caused or contributed to by the old age or serious physical defect or infirmity.
(3) An agreement entered into under subsection (2) shall be ineffective unless the Commissioner certifies that in his opinion such agreement is fair and reasonable.
(Amended 55 of 1969 s. 22; 44 of 1980 s. 15)

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

33. Medical examination before employment
(1) Any employer may, before employing an employee in any trade, industry or process specified in the third column of the Second Schedule, require the employee to undergo a medical examination by a registered medical practitioner at the cost of the employer. (Amended 16 of 2006 s. 19)
(2) (a) Subject to paragraph (b), any employee who refuses to undergo a medical examination required under subsection (1) shall not be entitled to recover from that employer compensation under this Ordinance for incapacity or death suffered as a result of an occupational disease.
(b) Paragraph (a) shall not apply unless the refusal to undergo the medical examination is evidenced by writing under the hand of the employee.
(Added 19 of 1964 s. 5. Amended 44 of 1980 s. 15)

34. Presumption as to cause of occupational disease
If an employee who suffers incapacity or dies as a result of an occupational disease was within the period specified opposite to that disease in the fourth column of the Second Schedule immediately preceding such incapacity or death employed in any trade, industry or process specified opposite to that disease in the third column of that Schedule, it shall be presumed, until the contrary is proved, that such disease was due to the nature of such employment.
(Added 19 of 1964 s. 5. Amended 55 of 1969 s. 24; 44 of 1980 s. 15)

35. Amendment of Second Schedule
The Commissioner may from time to time by order, which shall be published in the Gazette, amend the Second Schedule.
(Added 19 of 1964 s. 5. Amended 66 of 1993 s. 5)

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

36. Saving in case of diseases other than occupational diseases
(1) Subject to subsection (2), nothing in this Part shall prejudice the right of an employee to recover compensation under this Ordinance in respect of a disease to which this Part does not apply, if the disease is a personal injury by accident within the meaning of section 5. (Added 19 of 1964 s. 5. Amended 44 of 1980 s. 15; 51 of 1980 s. 48)
(2) Subsection (1) does not apply to any incapacity resulting from—
(a) pneumoconiosis or mesothelioma (or both) in respect of which compensation is recoverable under the Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap. 360); or (Replaced 6 of 2008 s. 45)
(b) noise-induced deafness in respect of which compensation is payable under the Occupational Deafness (Compensation) Ordinance (Cap. 469). (Replaced 21 of 1995 s. 41)

36A. Interpretation of Part IIIA
In this Part—
Board (委員會) means the Prostheses and Surgical Appliances Board appointed under section 36M(1); (Added 44 of 1980 s. 7)
Director (署長) means the Director of Health; (Added 44 of 1980 s. 7. Amended L.N. 76 of 1989)
prosthesis (義製人體器官) means any artificial item which replaces a part of the body removed or amputated as a result of an injury;
surgical appliance (外科器具) means any artificial item which supports directly or indirectly the structure or function or a part of the body impaired as a result of an injury.
(Added 67 of 1971 s. 2)