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

35. Survival of rights
(1) Subject to subsection (2), on the death of any person in whose favour the Board has determined an application under section 22, the rights and entitlement of that person as against the Board survive for the benefit of his estate. (Amended 16 of 2002 s. 22)
(2) Subsection (1) does not apply in the case of any rights and entitlement of a person in respect of a relief payment. (Added 16 of 2002 s. 22)

36. Saving as to rights and liabilities under Cap. 282
Nothing in this Ordinance affects the rights or liabilities of any person under the Employees’ Compensation Ordinance (Cap. 282).

36A. Surcharge
(1) An employer who contravenes section 40(1) of the Employees’ Compensation Ordinance (Cap. 282) shall be liable to pay a surcharge to the Board in accordance with this section.
(2) Subject to subsections (3) and (4), the amount of surcharge payable by an employer under subsection (1) shall be 3 times the levy payable to the Board under the Employees’ Compensation Insurance Levies Ordinance (Cap. 411) on the premium paid in respect of the policy of insurance obtained to cause the cessation of the contravention referred to in that subsection to which the surcharge relates.
(3) Subject to subsection (4), the amount of surcharge payable by an employer under subsection (1) shall be the prescribed surcharge where—
(a) the employer fails to comply with a requirement under subsection (5) in any case where paragraph (b) is not applicable and the Board is otherwise unable to obtain the information and particulars necessary for subsection (2) to apply in the case of the employer; or
(b) the employer is not required to comply with section 40(1) of the Employees’ Compensation Ordinance (Cap. 282) to cause the cessation of the contravention referred to in that subsection to which the surcharge relates.
(4) Where—
(a) an employer has contravened section 40(1) of the Employees’ Compensation Ordinance (Cap. 282) (first contravention

37. Subrogation
(1) Where a payment is made from the Fund under Part IV to any person (the recipient

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

37A. Recovery of payment
Where an eligible person receives any amount of damages in respect of an injury for which a relief payment has already been made, then the Board shall be entitled to recover from the eligible person as a civil debt such part, if any, of that amount which, taken together with the relief payment, is in excess of the amount of damages to which the eligible person is entitled.
(Added 16 of 2002 s. 25)

38. Recovery of payment made by mistake
(1) Where any payment is made from the Fund under a mistake of law or fact, the payment is recoverable by the Board from the person to whom such payment was made as a debt due to the Board. (Amended 16 of 2002 s. 26)
(2) (Repealed 16 of 2002 s. 26)

39. Recovery of payment where false statement by recipient
(1) Where—
(a) a payment is made from the Fund to a person (the recipient

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

40. Offences
(1) Any person who—
(a) in providing information for the purposes of this Ordinance, including any inquiry under this Ordinance, makes any statement which he knows to be false, or does not believe to be true, in a material particular or recklessly makes a statement which is false in a material particular; or
(b) for the purposes of this Ordinance, including any inquiry under this Ordinance, and with intent to deceive, produces, supplies or sends, or otherwise makes use of, any document or record or makes any declaration which is to his knowledge false, or which he does not believe to be true, in a material particular,
commits an offence and is liable to a fine at level 6 and to imprisonment for 12 months. (Amended 16 of 2002 s. 27)
(2) Any person who, without reasonable excuse, fails to comply with any requirement, or respond to any inquiry, imposed or made by the Board under section 21(4) or 25B(8) or, where the person is an insurer, section 36A(5) commits an offence and is liable to a fine at level 2 and to imprisonment for 1 month. (Amended 16 of 2002 s. 27; E.R. 2 of 2020)
(3) Without prejudice to any Ordinance relating to the prosecution of offences or to the powers of the Secretary for Justice in respect of the prosecution of criminal offences, a prosecution for an offence under this Ordinance may be brought in the name of the Board and commenced and conducted by a member, or an officer, of the Board authorized in that behalf in writing by the Board. (Amended L.N. 362 of 1997)
(4) Where the Board or any officer authorized under subsection (3) makes a complaint or lays an information for an offence under this Ordinance, the complainant or informant is deemed to be acting on behalf of the Secretary for Justice. (Amended L.N. 362 of 1997; 23 of 2002 s. 3)