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

16E. Employees’ Compensation (Special Assessment) Boards
(1) The Commissioner shall for the purposes of this section appoint one or more boards to be known as Employees’ Compensation (Special Assessment) Boards.
(2) Subject to subsection (4), a Special Assessment Board shall consist of—
(a) one of the following, that is to say—
(i) the Occupational Health Consultant; or
(ii) a Senior Occupational Health Officer; or
(iii) an Occupational Health Officer;
(b) a Senior Labour Officer; and
(c) a Labour Officer who is a member of an Ordinary Assessment Board appointed under section 16D(2).
(3) A member of a Special Assessment Board referred to in subsection (2) shall hold office on such terms and for such period as the Commissioner may determine.
(4) The Commissioner may appoint as additional members of a Special Assessment Board not more than 2 persons who are, in his opinion, qualified to give expert advice on any matter relating to a claim for compensation referred to the Special Assessment Board, and may at any time revoke any such appointment.
(5) A member appointed under subsection (4) may at any time resign by giving notice in writing to the Commissioner.
(6) The Commissioner shall appoint a member of a Special Assessment Board to be the chairman of the Special Assessment Board.
(7) At all meetings of a Special Assessment Board 3 members shall form a quorum.
(8) In respect of a claim referred to it by an Ordinary Assessment Board under section 16D(6), a Special Assessment Board shall, subject to subsection (9), assess the percentage of the loss of earning capacity permanently caused by the injury in accordance with this Ordinance.
(9) Where it appears to a Special Assessment Board that a claim referred to it by an Ordinary Assessment Board under section 16D(6) is a claim to which section 9(1A) applies, the Special Assessment Board shall assess the percentage of the loss of earning capacity permanently caused by the injury for the purposes of section 9(1A).
(10) A decision of a Special Assessment Board shall be that of the majority of the members in attendance or, if there is no majority, shall be that of the chairman thereof.
(11) Subject to this section, the procedure of a Special Assessment Board shall be such as the Commissioner may determine.
(Added 76 of 1982 s. 14)

16F. Certificates of assessment
An Ordinary Assessment Board, where it has made an assessment under section 16D(5) or a Special Assessment Board, where it has made an assessment under section 16E(8) or (9), shall issue to the employee, the employer and the Commissioner a certificate in such form as may be specified by the Commissioner giving details of the assessment.
(Added 76 of 1982 s. 14)

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

16I. Attendance of employee for purposes of assessment, etc.
(1) The Commissioner, an Ordinary Assessment Board or a Special Assessment Board may by notice in writing to an injured employee require the employee to attend for the purposes of an examination or assessment on such date and at such time and place as is specified in the notice.
(2) An employee who receives a notice under subsection (1) shall as soon as possible notify his employer (if any) of the date, time and place for such attendance.
(3) For the purposes of an attendance referred to in subsection (1) an employer shall, if the employee is not already—
(a) on leave of absence from work; and
(b) receiving periodical payments under section 10,
grant to the employee leave of absence from work and, subject to subsection (4), shall pay to the employee, within 7 days after the day on which wages are normally paid to the employee next following such absence from work, the wages or salary in respect of such absence from work or the wages or salary he would have earned if he had worked during such period.
(4) No wages or salary shall be payable under subsection (3) by an employer unless he was the employer of the employee at the time of the accident.
(5) A claim for wages or salary payable under subsection (3) may be brought—
(a) as an action for civil debt in any court or tribunal of competent jurisdiction; or
(b) as a claim for compensation in the Court, either independently of or in conjunction with any other claim for compensation brought in the Court.
(6) Any employer who without reasonable excuse contravenes subsection (3) commits an offence and is liable to a fine at level 5. (Amended 63 of 1992 s. 9; 36 of 1996 s. 12)
(Added 76 of 1982 s. 14)

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

18. Appeals to the Court
(1) Subject to this section, an appeal shall lie to the District Court from any decision or assessment of the Commissioner, an Ordinary Assessment Board or a Special Assessment Board under section 16A, 16D, 16E, 16G or 16GA. (Amended 31 of 1985 s. 10)
(2) No appeal shall lie after the expiry of 6 months from the date of the decision or, in the case of an assessment, of the date of issue of the relevant certificate under section 16A, 16F, 16G or 16GA, as the case may be: (Amended 31 of 1985 s. 10; 59 of 1988 s. 8)
Provided that the Court may, if it thinks fit, extend the time within which to appeal under this section notwithstanding that the time has elapsed.
(3) On an appeal under this section, the Court may confirm or reverse any decision, or confirm or vary any assessment, of the Commissioner, an Ordinary Assessment Board or a Special Assessment Board, or may substitute its own assessment, and may determine the amount of compensation payable and may make such order in respect thereof, including any order as to costs, as it thinks fit.
(Replaced 76 of 1982 s. 16)