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

18A. Determination of claims by the Court
(1) Except where otherwise provided under this Ordinance, all claims for compensation, except to the extent that such claims are determined—
(a) by agreement under section 8; or (Replaced 1 of 1995 s. 10)
(aa) (Repealed 1 of 1995 s. 10)(ab) by a Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case; or (Added 52 of 2000 s. 12)
(ac) by a Certificate for Funeral and Medical Attendance Expenses or Review Certificate for Funeral and Medical Attendance Expenses; or (Added 52 of 2000 s. 12)
(b) by certificate under section 16A; or (Replaced 1 of 1995 s. 10)
(c) by agreement under section 16CA, (Added 1 of 1995 s. 10. Amended E.R. 1 of 2018)
(d) (Repealed 36 of 1996 s. 16)and any matter arising out of proceedings in respect of such claims shall be determined by the District Court, whatever may be the amount involved, and the Court may, for that purpose, call upon any person to give evidence, if the Court is of the opinion that such person is, by virtue of his expert knowledge, able to assist the Court.
(2) An employee may, in the prescribed form and manner, make an application for enforcing his claim for compensation to the Court:
Provided that no application shall be made—
(a) in the case of a claim in respect of an injury to which section 16A applies, until after the expiry of the payment period within the meaning of subsection (11) of that section. (Amended E.R. 1 of 2018)
(b) (Repealed 36 of 1996 s. 16)
(3) The Court shall, as soon as practicable after it receives a claim for compensation where death results from the injury concerned, cause to be sent to the Commissioner a notice advising the Commissioner of the receipt of that claim. (Added 52 of 2000 s. 12)
(Added 76 of 1982 s. 16)

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

19. Review
(1) Any periodical payment payable under this Ordinance either under agreement between the parties or under an order of the Court, may be reviewed by the Court on the application either of the employer or of the employee:
Provided that where the application for review is based on a change in the condition of the employee any such application shall be supported by a certificate of a registered medical practitioner, registered Chinese medicine practitioner or registered dentist. (Amended 16 of 2006 s. 18) 
(2) Subject to the provisions of this Ordinance, any periodical payment may, on review under this section, be continued, increased, diminished, converted to a lump sum, or ended. If the accident is found to have resulted in permanent incapacity, the provisions of section 7 or 9 shall apply, as the case may be. (Replaced 55 of 1969 s. 16)
(3) Where application is made by an employer under this section for any periodical payment to be ended or diminished and the application is supported by the certificate of a registered medical practitioner, registered Chinese medicine practitioner or registered dentist, the employer may pay into Court the periodical payment, or so much thereof as is equal to the amount by which he contends that the periodical payment should be diminished, to abide the decision of the Court made on a review under this section. (Amended 16 of 2006 s. 18)
(4) In making a review under this section, the Court shall have regard only to the capacity for work of the employee as affected by the accident.
(Amended 44 of 1980 s. 15)

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

20. Limitation of power of employer to end or decrease periodical payments
Subject to the provisions of sections 10(5), 16(4) and 19(3), an employer shall not be entitled, otherwise than in pursuance of an order of the Court or a certificate under section 16A— (Amended 55 of 1969 s. 17; 76 of 1982 s. 17; 1 of 1995 s. 11; 36 of 1996 s. 17)
(a) to end periodical payments except—
(i) where an employee resumes work and his earnings are not less than the earnings which he was obtaining before the accident; or
(ii) where an employee dies;
(b) to diminish periodical payments except—
(i) where an employee in receipt of periodical payments in respect of total incapacity has actually returned to work; or
(ii) where the earnings of an employee in receipt of periodical payments in respect of partial incapacity have actually been increased.
(Amended 44 of 1980 s. 15)

21. Jurisdiction of the Court
(1) Save as is provided in this Ordinance and any rules made thereunder, the District Court shall, upon or in connection with any question to be investigated or determined thereunder, have all the powers and jurisdictions exercisable by the District Court in or in connection with civil actions in such Court in like manner as if the Court had by the District Court Ordinance (Cap. 336) been empowered to determine all claims for compensation under this Ordinance whatever the amount involved and the law, rules and practice relating to such civil actions and to the enforcement of judgments and orders of the Court shall mutatis mutandis apply. (Amended 76 of 1982 s. 18)
(2) The Court shall have jurisdiction to hear and determine any action notwithstanding that the amount claimed exceeds the sum mentioned in section 33 of the District Court Ordinance (Cap. 336). (Added 55 of 1969 s. 18. Amended 79 of 1981 s. 3)
(3) The Court may, in any proceedings brought in the Court for the recovery of any compensation, order that there shall be included in the sum for which an order for payment is made interest at such rate as it thinks fit on the whole or any part of such sum for the whole or any part of the period between the date of the accident and the date of the order. (Added 76 of 1982 s. 18)

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

22. Power of the Court to submit questions of law
(1) The Court may, if it thinks fit, submit any question of law for the decision of the Court of Appeal.
(2) Such submission shall be in the form of a special case in accordance with rules made under this Ordinance.

23. Appeals
(1) Subject to the provisions of this section and of section 13, an appeal shall lie to the Court of Appeal from any order of the Court.
(2) Except with the leave of the Court or of the Court of Appeal (which shall not be granted unless in the opinion of the Court of Appeal some substantial question of law is involved in the appeal) no appeal shall lie if the amount in dispute is less than $1,000.
(3) No appeal shall lie in any case in which the parties have agreed to abide by the decision of the Court, or in which the order of the Court gives effect to an agreement come to by the parties.
(4) No appeal shall lie after the expiration of 30 days from the date of the order of the Court:
Provided that the Court of Appeal may, if it thinks fit, extend the time within which to appeal under this section notwithstanding that that time has elapsed.