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

6H. Appeal against determination of Commissioner in fatal cases
(1) Subject to the provisions of this section, an appeal shall lie to the Court from a determination under section 6B(1)(a), 6C(1)(a) or (11), 6D(6)(b) or 6E(1)(a) or (12), as the case may be.
(2) No appeal shall lie after the expiry of 42 days from the date of issue of the certificate concerned under section 6B, 6C, 6D or 6E, unless the Court, as it thinks fit, extends the time for an appeal notwithstanding that the 42 days period has elapsed.
(3) On an appeal under this section, the Court may confirm or vary the determination of the Commissioner.
(4) Where the Court varies the determination of the Commissioner, the Court shall—
(a) in the case of a determination under section 6B(1)(a) or 6D(6)(b), make an order to apportion the amount of compensation payable under section 6(1) to the member of the family of the employee according to section 6A;
(b) in the case of a determination made under section 6E(1)(a) or (12), make an order to apportion the amount of reimbursement payable to each person who has paid the expenses of the funeral of the employee and the expenses of medical attendance on the employee taking into account section 6E(5).
(5) The Court shall—
(a) subject to section 6G, direct the employer to pay to the Court any amount of payment which is payable by the employer but not yet paid; and
(b) direct any person who has received the payment from the employer in accordance with a Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case, a Certificate of Interim Payment or Review Certificate of Interim Payment, a Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses to pay to the Court any amount which has been overpaid to the person taking into account the apportionment made by the Court; and
(c) make such order as to costs as the Court thinks fit.
(6) The amount apportioned to—
(a) any member of the family ; or
(b) any person who has paid the expenses of the funeral of the employee and the expenses of medical attendance on the employee,
shall be paid to him, or be invested, applied or otherwise dealt with for his benefit in such manner as the Court thinks fit.
(Added 52 of 2000 s. 6)

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

16CA. Determination of compensation by agreement in certain cases
(1) Where a claim arises in respect of an accident causing injury to an employee that results in temporary incapacity, whether total or partial, for a period exceeding 3 days but not exceeding 7 days, the employer may enter into an agreement with the injured employee as to the compensation payable by him under section 10(1). (Amended 67 of 1996 s. 5)
(2) Periodical payments agreed under section (1) shall be made in the manner specified under section 10(3).
(3) Any lump sum agreed under subsection (1) shall be paid on or before the day immediately following such agreement on which wages would have been payable to the employee if he had continued to be employed under the contract of service or apprenticeship under which he was employed at the time of accident.
(Added 64 of 1992 s. 4)

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

16CB. Cancellation of agreement by Commissioner
(1) Where an agreement has been entered into under section 16CA, the Commissioner may on the application of either party to the agreement cancel the agreement if he is satisfied that—
(a) the sum paid or to be paid was or is not in accordance with the provisions of this Ordinance; or
(b) the agreement was entered into in ignorance of, or under a mistake as to, the true nature or extent of the injury; or
(c) the agreement was obtained by such fraud, undue influence, misrepresentation or other improper means as would, in law, be sufficient ground for avoiding it.
(2) An application under subsection (1) shall be made within 6 months after the date on which the parties entered into the agreement or within such further time as the Commissioner in the circumstances of any particular case thinks fit.
(3) Where the Commissioner cancels the agreement under subsection (1), he shall make an assessment under section 16A of the compensation payable under section 10 and the provisions in this Ordinance affecting such assessment shall apply accordingly.
(Added 64 of 1992 s. 4)

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

16D. Employees’ Compensation (Ordinary Assessment) Boards
(1) The Commissioner shall for the purposes of this section appoint one or more boards to be known as Employees’ Compensation (Ordinary Assessment) Boards.
(2) An Ordinary Assessment Board shall consist of—
(a) 2 persons each of whom shall be a registered medical practitioner, a registered Chinese medicine practitioner or a registered dentist; and (Amended 16 of 2006 s. 17)
(b) a Senior Labour Officer or a Labour Officer. (Amended 31 of 1985 s. 5)
(3) A member of an Ordinary Assessment Board shall hold office on such terms and for such period as the Commissioner may determine.
(4) The Commissioner may refer to an Ordinary Assessment Board any claim for compensation for an injury to an employee of which he has notice if in the opinion of the Commissioner such injury is likely to result in permanent total or partial incapacity.
(5) In respect of a claim referred to it under subsection (4), an Ordinary Assessment Board shall—
(a) subject to subsection (6), assess the percentage of the loss of earning capacity permanently caused by the injury in accordance with this Ordinance; and
(b) assess the period of absence from duty necessary as a result of the injury. (Replaced 63 of 1992 s. 8)
(6) Where it appears to an Ordinary Assessment Board that a claim referred to it under subsection (4) is one to which section 9(1A) applies, it shall refer the claim to a Special Assessment Board.
(7) A decision of an Ordinary Assessment Board, if not unanimous, shall be that of the majority of the members thereof.
(8) Subject to this section, the procedure of an Ordinary Assessment Board shall be such as the Commissioner may determine.
(Added 76 of 1982 s. 14)