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

14A. Entitlement to further compensation for additional permanent incapacity resulting from noise-induced deafness
(1) Subject to sections 14(3), 17 and 29, after a person has been awarded compensation on an application under section 15, the person is entitled to further compensation for any additional permanent incapacity resulting from noise-induced deafness suffered if the Board is satisfied that the person fulfils the conditions specified in subsection (2).
(2) The conditions referred to in subsection (1) are that—
(a) the person has had at least 3 years of employment in aggregate in any noisy occupation in Hong Kong after—
(i) the date of the person’s last successful application for compensation under section 15 (the latest successful application

15. Application for compensation
(1) A person who wishes to apply for compensation must apply to the Board in the specified form and must submit, together with the application, such information as will satisfy the Board that he or she fulfils the conditions specified in section 14(2), 14A(2) or 48(1)(i), (3) or (5). (Replaced 6 of 2010 s. 7)
(1A) A person who wishes to apply for compensation based on an entitlement arising under section 14A must also submit a certificate of determination of compensation under section 24(1) or (3), or a copy of a court order made under section 28(4), in relation to the latest successful application mentioned in section 14A(2)(a). (Added 6 of 2010 s. 7)
(2) Subject to section 48(4) and (9), upon confirmation by the Board that a claimant fulfils the conditions specified in section 14(2), 14A(2) or 48(1)(i), the claimant must undergo a hearing test at a hearing test centre or a medical examination, or both, arranged by the Board under section 16(1). (Replaced 6 of 2010 s. 7)
(3)-(6) (Repealed 5 of 1998 s. 7)

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

16. Hearing tests, medical examinations and inquiries
(1) The Board may—
(a) require a claimant to undergo such hearing tests and medical examinations arranged by the Board as it considers necessary; and (Amended 5 of 1998 s. 8)
(b) (Repealed 5 of 1998 s. 8)(c) make such investigations and inquiries into any other matter concerning a claimant’s deafness or his occupational history as it considers necessary.
(2) Where a claimant undergoes a hearing test or medical examination as arranged by the Board under subsection (1), the person who performs the test or examination shall, as soon as practicable, issue to the Board a report in the specified form. (Amended 5 of 1998 s. 8)
(3) The Board may delegate its powers to make investigations and inquiries to such persons as it thinks fit.
(4) A person from whom information relevant to an application for compensation is requested by the Board or its delegates under subsection (3) in exercise of its power under subsection (1) shall provide such information which is in his possession or under his control to the Board or its delegates.
(5) Any person who, without reasonable excuse, contravenes subsection (4) commits an offence and is liable on conviction to a fine at level 5.

17. Duty of claimants and failure by claimants
(1) Every claimant shall assist the Board or its delegates in making investigations or inquiries under section 16 and shall undergo all hearing tests and medical examinations arranged by the Board under that section.
(2) Where a claimant, without reasonable excuse, fails to comply with subsection (1), the Board may determine that the claimant is not entitled to compensation.

18. Diagnosis and assessment of noise-induced deafness
(1) Where a claimant undergoes a medical examination by a designated medical practitioner arranged under section 16, the designated medical practitioner shall—
(a) diagnose whether the claimant is suffering from noise-induced deafness; and
(b) (where noise-induced deafness is diagnosed) assess the noise-induced deafness suffered by the claimant,
and shall include the diagnosis, and assessment if any, in the report under section 16(2).
(2) Where the designated medical practitioner performing a medical examination arranged under section 16 is uncertain of—
(a) the cause of the claimant’s deafness; or
(b) the degree of the claimant’s noise-induced deafness,
he shall report the matter in the report under section 16(2).

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

19. Referral to Medical Committee
The Board may refer a report referred to in section 16(2) or 48(5)(a) to the Medical Committee for such advice as may be conducive to the Board’s determination on the relevant application for compensation.
(Amended 5 of 1998 s. 9; 6 of 2010 s. 8)

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

21. Determination of compensation for permanent incapacity and additional permanent incapacity
The Board must determine the amount of compensation payable to a claimant for permanent incapacity or additional permanent incapacity in accordance with Schedule 5 as in force on the date of the determination of the amount, irrespective of the date of the application under section 15 to which the determination relates.
(Replaced 6 of 2010 s. 10)

22. Refusal of application
(1) Where the Board—
(a) determines that the claimant does not suffer from noise-induced deafness; (Amended 6 of 2010 s. 11)
(ab) determines under section 20 that the percentage of additional permanent incapacity suffered by the claimant is zero; or (Added 6 of 2010 s. 11)
(b) otherwise determines that the claimant is not entitled to compensation,
the Board shall refuse his application for compensation and shall send a notice of refusal informing the claimant of such refusal and reasons for the refusal.
(2) Where a claimant has undergone a hearing test or medical examination under section 16(1) in respect of his application for compensation, a notice of refusal referred to in subsection (1) shall be accompanied by a copy of the report issued to the Board in accordance with section 16(2).
(Replaced 5 of 1998 s. 11)

23. Review of refusal by the Board
(1) A claimant receiving a notice of refusal from the Board under section 22 may, within 14 days beginning on the date of the notice, request the Board to review its decision by sending to the Board a request in writing stating his reasons.
(1A) The Board may, if it thinks fit, extend the time within which a claimant may request the Board to review its decision under this section. (Added 5 of 1998 s. 12)
(2) Upon receipt of a request under subsection (1), the Board shall review its decision and may confirm, vary or reverse the decision, and shall inform the claimant of the result of the review in writing.