### Employees Compensation Assistance Ordinance 《僱員補償援助條例》

23. Costs: Payment in favour of employees
(1) Where the Board has determined an application under section 16 in favour of an applicant then in addition to any amounts of compensation to be paid from the Fund the Board shall, subject to this section, agree to pay from the Fund— (Amended 16 of 2002 s. 15)
(a) the costs incurred by the applicant in making the application; and
(b) an amount equal to any costs payable to the applicant pursuant to an order of a court for costs against the employer or the employer’s insurer in proceedings claiming the compensation. (Amended 16 of 2002 s. 15)
(2) The costs payable by the Board under subsection (1)(a) shall be such costs as in the opinion of the Board would be allowed on taxation of those costs by the District Court on the common fund basis.
(3) The applicant may, within one month of service on him by the Board of notice of the amount of costs it proposes to pay pursuant to subsection (1)(a), apply to the District Court for, and the District Court shall order, taxation by the District Court of the applicant’s bill of costs in respect of his application under section 16, which taxation shall be on the common fund basis, and the Board shall be liable to pay the costs of the applicant so taxed.
(4) Where an application relates to compensation which are or have been the subject of proceedings in any court in which an order was made apportioning costs as between the Board and the employee, the Board shall only be liable for the purposes of subsection (1)(a) to pay the employee’s costs in the same proportion as was so ordered in those proceedings. (Amended 16 of 2002 s. 15)
(5) The amount payable by the Board pursuant to subsection (1)(b) in respect of costs ordered by a court shall be only such amount as has been allowed, or would in the opinion of the Board be allowed, on taxation of those costs on a party and party basis.
(6) Section 37 applies in respect of a payment made from the Fund pursuant to subsection (1)(b) as if such payment were payment of an amount of compensation. (Amended 16 of 2002 s. 15)
(7)-(10) (Repealed 37 of 2003 s. 2)(11) Amounts determined by the Board or by a court under this section become payable as and when the amount determined in respect of the application under section 16 becomes payable. (Amended 37 of 2003 s. 2)

### Employees Compensation Assistance Ordinance 《僱員補償援助條例》

24. Proceedings against the Board where applicant dissatisfied
(1) An applicant who is dissatisfied with a determination of the Board under section 22 may commence proceedings in a court against the Board.
(2) Proceedings under this section shall be commenced by writ.

25. Board liable in certain proceedings as if employer
(1) This section applies to any claim against an employer for compensation where— (Amended 16 of 2002 s. 16)
(a) the employer—
(i) cannot be identified or, if identified, cannot be found;
(ii) is insolvent;
(iii) is dead or in the case of a company, has been dissolved, wound up or struck off the register; or
(iv) for any reason, cannot be served with proceedings; and
(b) no policy of insurance is known to be in force in relation to the employee.
(2) Subject to this section, proceedings for any claim against an employer to which this section applies may issue against the Board as if it were the employer.
(3) Proceedings against the Board under this section shall not issue unless the court is satisfied, on application made on notice to the Board, as to the matters specified in subsection (1)(a) and (b).
(4) Where proceedings are brought against the Board under this section, the rights and liabilities of the employer in respect of the compensation the subject of the proceedings are vested in and transferred to the Board. (Amended 16 of 2002 s. 16)

### Employees Compensation Assistance Ordinance 《僱員補償援助條例》

25A. Board may apply to be joined as party to proceedings
If proceedings have been initiated to claim compensation or damages (whether initiated before, on or after the commencement* of this section), the Board may apply to the court to be joined as a party to the proceedings as follows—
(a) where no policy of insurance is known to be in force at the time of the accident to which the proceedings relate, the Board may apply to the court to join in the proceedings as a party in accordance with Order 15, rule 6 of the Rules of the High Court (Cap. 4 sub. leg. A) or Order 15, rule 6 of the Rules of the District Court (Cap. 336 sub. leg. H), as the case may require, to take over the defence as if it were the employer in the proceedings if—
(i) the employer cannot be identified or, if identified, cannot be found;
(ii) the employer is insolvent;
(iii) the employer is dead or has been dissolved, wound up or struck off the register;
(iv) the employer, for any reason, cannot be served with the notice of proceedings; or
(v) at any time when the employer fails to attend the hearing, leaving the claim uncontested;
(b) where no policy of insurance is known to be in force at the time of the accident to which the proceedings relate and the employer is present at the proceedings, the Board may apply to the court to join in the proceedings as a party in accordance with Order 15, rule 6 of the Rules of the High Court (Cap. 4 sub. leg. A) or Order 15, rule 6 of the Rules of the District Court (Cap. 336 sub. leg. H), as the case may require;
(c) where the insurer concerned is insolvent, the Board may apply to the court to join in the proceedings as a party in accordance with Order 15, rule 6 of the Rules of the High Court (Cap. 4 sub. leg. A) or Order 15, rule 6 of the Rules of the District Court (Cap. 336 sub. leg. H), as the case may require.
(Added 16 of 2002 s. 17)Editorial Note:
* Commencement date: 1 July 2002.