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

43. Conditions under which liability for payment by insurer arises
(1) Subject to this section, where in relation to an employee there is in force a policy of insurance issued for the purposes of this Part and the employer of the employee becomes liable to pay any sum under this Ordinance or independently of this Ordinance in respect of an injury to the employee arising out of and in the course of his employment, such sum shall forthwith become due and payable by the insurer, including any sum payable in respect of interest and costs, notwithstanding anything to the contrary in the policy of insurance. (Amended 66 of 1993 s. 13)
(2) No sum shall be payable by an insurer under this section—
(a) unless, in the case of compensation agreed upon between the employer and an employee under section 16CA, such insurer has consented to pay the sum agreed upon as compensation to the employee; (Amended 66 of 1993 s. 13)
(b) unless, in the case of compensation or damages determined or adjudged by a court or tribunal to be payable to the employee or any other person, the insurer had sufficient notice of the institution in the court or tribunal of proceedings for compensation or damages, as the case may be, to enable such insurer to be added as a party to the proceedings;
(c) in respect of any judgment to pay compensation or damages, while execution thereon is stayed by the court or pending appeal; (Amended 47 of 1995 s. 8)
(d) if before the happening of the accident which was the cause of the injury giving rise to the liability, the policy of insurance was cancelled by mutual consent or by virtue of any provision contained therein; or (Amended 47 of 1995 s. 8)
(e) in respect of the sum liable to be paid under subsection (1) in excess of the available amount covered by the policy of insurance. (Added 47 of 1995 s. 8)
(2A)-(2B) (Repealed 36 of 1996 s. 22)(3) If sufficient notice of the institution of proceedings for the recovery of compensation or damages is given to an insurer to enable such insurer to apply to be added as a party to the proceedings, the court or tribunal, as the case may be, shall, on such application being made, add the insurer as a party and the insurer shall have the same right to defend the proceedings as if such insurer were the employer.
(4) Where under this Part an amount is paid by the insurer which would, but for this section, not be payable under the policy of insurance, the employer is liable to pay that amount to the insurer. (Replaced 66 of 1993 s. 13)

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

44. Right of injured party to proceed against insurer
(1) Every policy of insurance issued for the purposes of this Part shall be deemed to provide that any employee or other person having a claim against the person insured in respect of the liability in regard to which such policy was issued shall, subject to section 42, be entitled to recover in his own name, as though he were a party to the policy, directly from the insurer any amount which he would have been entitled to recover from the person insured. (Amended 66 of 1993 s. 14; 47 of 1995 s. 9)
(2) An employee or other person having a claim against the person insured under a policy of insurance issued for the purposes of this Part shall not commence proceedings against the insurer unless he also commences or has commenced proceedings against the person insured. (Added 66 of 1993 s. 14)
(3) Notwithstanding subsection (2), where an employee or other person having a claim against the person insured has reasonable grounds to be satisfied that—
(a) the person insured cannot be readily located in Hong Kong;
(b) the person insured is insolvent; or
(c) the insurer has disclaimed liability under the policy of insurance,
he may take proceedings against the insurer without taking or having taken proceedings against the person insured. (Added 66 of 1993 s. 14)

44A. Employer must produce policy
An employer insured under a policy of insurance issued for the purposes of this Part shall, within 10 days after receiving the written request of an employee or other person having a claim against the employer, produce for inspection to the employee or other person or his agent the policy of insurance and all other documents relating to the policy.
(Added 66 of 1993 s. 15)

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

44B. Holding company responsible for liability of subsidiary in certain cases
(1) Where—
(a) in relation to an employee there is in force a policy of insurance taken out by a group of companies pursuant to section 40(1C);
(b) the employee’s employer, being a subsidiary of a holding company which is also insured under the policy, becomes liable to pay any amount of compensation or damages in respect of an injury to the employee by accident arising out of and in the course of his employment; and
(c) the employee is unable to recover payment of the amount or any part thereof from the employer or from the insurer,
the holding company is liable to pay the amount or part thereof to the employee.
(2) An employee employed by a subsidiary which is insured under a policy of insurance taken out by a group of companies pursuant to section 40(1C) may issue a written request to the subsidiary to supply to the employee the names and addresses of all its holding companies which are also insured under the policy.
(3) A subsidiary shall within 7 days after the date of issue of a written request under subsection (2)—
(a) supply to the employee the names and addresses of all its holding companies which are also insured under the policy; and
(b) deliver a copy of the written request to the holding companies.
(4) A subsidiary which without reasonable excuse fails to comply with subsection (3) commits an offence and is liable to a fine at level 3.
(Added 47 of 1995 s. 10)

45. Inspection of premises other than domestic premises
(1) The Commissioner, and any public officer authorized in writing by him in that behalf (which authority shall be produced by such public officer on demand) may for the purposes of this Part— (Amended 68 of 1995 s. 45)
(a) enter and inspect without a warrant at any reasonable time any premises of an employer where persons are employed, other than domestic premises;
(b) require the production of, inspect, examine or take copies of any record or other document on such premises, relating to the compliance by the employer with the requirements of this Part in respect of his employees;
(c) require any person who manages or appears to be in charge of such premises or of employees on such premises to furnish such information or particulars as he may specify relating to the compliance by the employer with the requirements of this Part in respect of his employees; and
(d) make such other inquiries from any other person on such premises as he thinks fit.
(2) In this section, Commissioner (處長) includes a Deputy Commissioner for Labour and an Assistant Commissioner for Labour. (Added 68 of 1995 s. 45)