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

14. Director of Audit’s examination
(1) The Director of Audit may carry out such examination as he thinks fit into the economy, efficiency and effectiveness with which the Board has used its resources in performing its functions and exercising its powers.
(2) The Director of Audit has a right of access at all reasonable times to all such documents in the custody or under the control of the Board as the Director may reasonably require for the purpose of carrying out an examination under subsection (1) and is entitled to require from any person holding or accountable for any such document such information and explanations (if any) as are reasonably necessary for that purpose.
(3) The Director of Audit may submit to the Legislative Council the results of any examination carried out by him under subsection (1).
(4) Subsection (1) shall not be construed as entitling the Director of Audit to question the merits of any of the Board’s policy objectives.

15. Annual report
(1) The Board shall, not later than 9 months, or such longer period as the Chief Executive may determine, after the end of each financial year, submit—
(a) a report on the activities and affairs of the Board for that year;
(b) a copy of its statements of the accounts for that year; and
(c) the auditor’s report on the accounts,

to the Chief Executive.
(2) Any report or statement submitted to the Chief Executive under subsection (1) shall be laid on the table of the Legislative Council.
(Amended 56 of 2000 s. 3)

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

16. Application by employee etc. for payment from the Fund in relation to unpaid compensation
(1) A person who is unable to recover from an employer payment of an amount of compensation for which the employer is liable may apply for payment of that amount from the Fund. (Replaced 16 of 2002 s. 6)
(2) For the purpose of this section an employer is not to be regarded as liable for the payment of an amount of compensation unless— (Amended 16 of 2002 s. 6)
(a) the amount is payable— (Amended 16 of 2002 s. 6)
(i) pursuant to a judgment or order of a court or tribunal of competent jurisdiction in Hong Kong;
(ii) by virtue of section 16A(9) of the Employees’ Compensation Ordinance (Cap. 282) following an assessment of compensation by the Commissioner under that section; or
(iii) pursuant to a Certificate of Compensation Assessment for Fatal Case or Review Certificate of Compensation Assessment for Fatal Case issued under the Employees’ Compensation Ordinance (Cap. 282); (Amended 16 of 2002 s. 6)
(iv) (Repealed 16 of 2002 s. 6)(b) in the case of an amount of medical expenses, a certificate has been issued by the Commissioner under section 10B(1) or (2) of the Employees’ Compensation Ordinance (Cap. 282) in respect of that amount; (Amended 1 of 1995 s. 17; 52 of 2000 s. 40)
(c) in the case of a claim by the Director of Health (the Director

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

20A. Application by employee etc. for relief payment from the Fund in relation to unpaid damages
(1) An eligible person who is unable to recover from an employer payment of an amount of damages for which the employer is liable may apply for a relief payment of that amount from the Fund.
(2) For the purposes of this section, an employer is not to be regarded as liable for the payment of an amount of damages unless the amount is payable pursuant to a judgment or order of a court of competent jurisdiction in Hong Kong.
(3) For the purpose of this section, an eligible person is not to be regarded as being unable to recover from an employer payment of an amount of damages for which the employer is liable unless the eligible person has taken such proceedings to recover payment of the amount—
(a) from, wherever applicable—
(i) the employer; and
(ii) an insurer who has issued a policy of insurance—
(A) which is in force in relation to the injured employee at the time of the accident concerned; and
(B) indemnifying the employer in respect of such liability; and
(b) as are reasonable in the circumstances, having regard to the likely cost of such proceedings, the resources available to the eligible person and the amount likely to be recovered from, wherever applicable, the employer and the insurer.
(4) Where—
(a) an eligible person falls within paragraph (a)(ii) of the definition of eligible person;
(b) the death of the injured employee concerned occurs before damages have been awarded; and
(c) any amount of damages for which the employer concerned is liable is unable to be recovered from the employer,
then the eligible person shall be deemed to be an eligible person who falls within subsection (1) in respect of those damages notwithstanding that the eligible person—
(d) is not mentioned in the judgment or order concerned mentioned in subsection (2); and
(e) is unable to take any proceedings mentioned in subsection (3).
(Added 16 of 2002 s. 12)

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

20B. Amount of relief payment
(1) Subject to section 20A(2) and subsection (3), the amount of a relief payment to an eligible person shall be the amount of damages for which the employer is liable to pay the eligible person after that amount is reduced by—
(a) the amount, if any, of compensation which has been paid or is payable under the Employees’ Compensation Ordinance (Cap. 282) in respect of the injured employee in relation to the accident concerned; and
(b) the amount, if any, of those damages already paid by the employer.
(2) Subject to section 20A(2) and subsection (3), the aggregate amount of relief payment to one or more eligible persons who fall within section 20A(4) in the case of a particular injured employee shall be the amount of damages for which the employer concerned is liable to pay in relation to the accident concerned after that amount is reduced by—
(a) the amount of compensation which has been paid or is payable under the Employees’ Compensation Ordinance (Cap. 282) in respect of the injured employee in relation to that accident; and
(b) the amount, if any, of those damages already paid by the employer.
(3) Notwithstanding the definitions of compensation and damages, for the purposes of determining the amount of a relief payment—
(a) any interest payable on any amount; and
(b) any costs,
arising from proceedings in respect of any damages or compensation claim shall not be included.
(4) For the avoidance of doubt, it is hereby declared that where—
(a) a non-fatal injury gives rise to a relief payment in relation to an eligible person who is the injured employee; and
(b) that eligible person subsequently dies,
then the balance, if any, of the relief payment shall be paid to the other eligible persons, if any—
(c) remaining in relation to that first-mentioned eligible person; and
(d) falling within paragraph (a)(ii) of the definition of eligible person.
(Added 16 of 2002 s. 12)