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

26. Priority of payments from the Fund
(1) Notwithstanding this Ordinance or any other law, where an amount is liable to be paid from the Fund under this Part, no part of such amount becomes payable by the Board unless and until—
(a) there are sufficient moneys available to the Fund to pay the whole of such amount; and
(b) all other such amounts which have priority over that amount for the purposes of this section, being amounts which would otherwise be payable by the Board, have been paid from the Fund or have been provided for by the Board.
(2) Payments from the Fund shall be made only in accordance with the following priority—
(a) amounts liable to be paid in respect of applications under section 16 shall have priority over amounts liable to be paid in respect of applications under section 20A; (Replaced 16 of 2002 s. 18. Amended 16 of 2002 s. 30)
(b)-(ba) (Repealed 16 of 2002 s. 30)(bb) amounts liable to be paid in respect of applications under section 20A where section 20C(1) or (2)(a) is applicable shall have priority over amounts liable to be paid in respect of applications under that section where section 20C(2)(b) is applicable; and (Added 16 of 2002 s. 18. Amended 16 of 2002 s. 30; E.R. 2 of 2020)
(bc)-(bd) (Repealed 16 of 2002 s. 30)(c) in particular as between amounts liable to be paid in respect of applications under the same section, the amount to which the earliest date of accident applies shall have priority over all other such amounts.
(3) For the purposes of this section—
(a) a judgment debt in proceedings against the Board under section 24 is to be treated as an amount liable to be paid from the Fund in respect of an application under the section in respect of which the judgment is given;
(b) a judgment debt in proceedings against the Board under section 25(2) is to be treated as an amount liable to be paid from the Fund in respect of an application under section 16; and
(c) the date of accident applicable to an amount liable to be paid from the Fund in respect of an application under this Part is the date of the accident giving rise to the injury to which the application relates.

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

27. Payments by the Brewin Trust Fund
For the purposes of any application or proceedings under this Part, the amount of compensation or damages for which an employer is liable is reduced by the value, as decided by the Board or the court, of any payment made by the Brewin Trust Fund established under section 3 of the Brewin Trust Fund Ordinance (Cap. 1077) in respect of the injury for which the compensation or damages is claimed.

28. Payments in anticipation of entitlement under section 16, etc.
(1) Where it appears to the Board that a person is or might be entitled to apply under section 16 for a payment from the Fund, the Board may, in the interests of the protection of the Fund, and on such terms as it sees fit, offer to pay from the Fund to or on behalf of that person an amount in satisfaction of such entitlement. (Amended 16 of 2002 s. 19; 16 of 2002 s. 30)
(2) (Repealed 16 of 2002 s. 30)(3) If a person accepts an offer made under subsection (1) and receives payment accordingly, that person shall not have the right to make an application under section 16 in respect of the claim to which the offer relates. (Added 16 of 2002 s. 19. Amended 16 of 2002 s. 30)
(4) If an offer made under subsection (1) is not accepted by a person, and in subsequent proceedings in respect of the claim to which the offer relates the person is awarded an amount not more than the amount offered by the Board, then the Board—
(a) shall not be required to pay more than the amount as awarded by the court or tribunal concerned; and
(b) shall not be liable to pay the costs incurred by the person after the date of the offer to which the claim relates. (Added 16 of 2002 s. 19)
(5) Where the Board takes part in proceedings in respect of a claim for compensation, the Board shall have the right to agree costs with the parties involved in the proceedings prior to taxation. (Added 16 of 2002 s. 19)

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

29. Written offers by the Board in proceedings
(1) Notwithstanding any other law where, in proceedings to which the Board is a party under this Part, the Board makes a written offer to any other party in the proceedings which is expressed to be “without prejudice save as to costs” and which relates to an issue in the proceedings, then in deciding the question of costs the court shall take into account any such offer which has been brought to its attention.
(2) An offer made under subsection (1) shall not be communicated to the court until the question of costs falls to be decided.

30. Ex gratia payment
Where it appears to the Board that a person is unable to establish entitlement to payment from the Fund pursuant to section 16 by reason, and by reason only, of the operation of a period of limitation in respect of a claim against an employer, the Board may, if it sees fit and in such amount as it considers appropriate in the circumstances, determine to make an ex gratia payment to the person from the Fund.

32. Rules of Court
The Chief Justice may make rules for proceedings to which this Part relates.

33. Application of this Part
No claim lies under this Part in respect of—
(a) any compensation or damages for injury to an employee where the accident by which the injury was sustained occurred before 1 January 1984 (being the date on which Part IV of the Employees’ Compensation Ordinance (Cap. 282) came into operation);
(b) any indemnification under a policy of insurance for such compensation or damages as are referred to in paragraph (a);
(c) any liability of an employer to which section 40(1A) of the Employees’ Compensation Ordinance (Cap. 282) applies; or
(d) any compensation or damages for injury to an employee who has been engaged outside Hong Kong by an employer who—
(i) is outside Hong Kong; and
(ii) has no place of business in Hong Kong (and whether or not the employer’s business is for gain). (Added 16 of 2002 s. 21)
(Amended 16 of 2002 s. 21)

34. Application of law of limitations
For the purposes of any proceedings under this Part, the operation of any period of limitation for an action against an employer in respect of injury to an employee sustained by an accident shall, where the accident occurred on or after 1 January 1984 but before the commencement* of this Ordinance, take effect as if the accident had occurred on the date on which this Ordinance commences.

Editorial Note:
* Commencement date: 1 July 1991.