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

36L. Payment of costs from and into general revenue
(1) Where, in respect of an accident occurring on or after the date on which this section comes into operation, an employer is liable to pay for the cost of—
(a) supplying and fitting any prosthesis or surgical appliance to an injured employee under section 36B; and
(b) the normal repair and renewal of such prosthesis or surgical appliance under section 36I,
then, subject to the rights of the Director in respect of the recovery of any amount from the employer under this Part, the cost—
(i) of the supplying and fitting; and
(ii) whenever incurred, of the normal repair and renewal,
of such prosthesis or surgical appliance shall be payable out of the general revenue of Hong Kong.
(2) All amounts—
(a) paid to the Director under section 36E(1); and
(b) recovered by him under sections 36F(2) and 36G,
shall be paid by him into the general revenue of Hong Kong.
(Added 44 of 1980 s. 12)

36LA. Director may proceed against insurer
(1) Where the Director is satisfied that—
(a) the employer cannot be readily located in Hong Kong;
(b) the employer is insolvent; or
(c) the insurer of the employer has disclaimed liability under the policy of insurance issued for the purposes of Part IV,
the Director may take proceedings directly against the insurer for a claim under this Part as if the insurer were the employer.
(2) Where under this Part an amount is paid by the insurer which would, but for this section, not be payable under the policy of insurance, the employer is liable to pay that amount to the insurer.
(Added 66 of 1993 s. 6)

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

36MA. Attendance of employee for purposes of section 36M
The Board may for the purposes of section 36M, by notice in writing to an injured employee, require the employee to attend for an examination or assessment on such date and at such time and place as is specified in the notice, and the provisions of section 16I(2), (3), (4), (5) and (6) shall apply in respect of a notice under this section as they apply in respect of a notice under section 16I(1).
(Added 76 of 1982 s. 26)

36N. Director to take steps to ensure supply, etc.
The Director shall take such steps as to him seem necessary to ensure—
(a) the supply and fitting of a prosthesis or surgical appliance to an injured employee under section 36B; and
(b) the normal repair and renewal of such prosthesis or surgical appliance under section 36I.
(Added 44 of 1980 s. 12)

36O. Application of certain provisions
Notwithstanding anything in section 24 or 31, in the application of those sections in respect of any claim for the cost of supplying and fitting a prosthesis or surgical appliance and for the cost of repair and renewal of such prosthesis or surgical appliance under this Part—
(a) the rights possessed by or vested in an employee under section 24 shall be vested in the Director; and
(b) the right of any person to compensation referred to in section 31(2) shall be deemed to include the right of the Director to claim for such cost under this Part.
(Replaced 76 of 1982 s. 27. Amended 66 of 1993 s. 7)

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

39. Application of this Part
(1) Subject to subsection (2), this Part shall apply to all employments other than any employment exempted under subsection (3).
(2) Notwithstanding section 4, this Part shall not apply to any employment by or under the State.
(3) The Chief Executive in Council may, by notice in the Gazette, exempt any employment from the application thereto of this Part.
(Amended 56 of 2000 s. 3)

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

40A. Mandatory information in policy
An insurer shall include in a policy of insurance issued for the purposes of this Part the information referred to in paragraphs (a) to (g) of section 41(1).
(Added 66 of 1993 s. 9. Amended 47 of 1995 s. 5)

41. Notice of insurance
(1) Subject to subsection (2), an employer to whom a policy of insurance is issued for the purposes of this Part shall display, in a conspicuous place on each of his premises where any employee is employed by him, a notice, in such form as may be specified by the Commissioner, showing in both the English and Chinese languages—
(a) the name of the employer;
(b) the name of the insurer;
(c) the policy number;
(d) the date of issue of the policy;
(e) the dates of commencement and expiry of the period of insurance; (Amended 66 of 1993 s. 10; 47 of 1995 s. 6)
(f) the number of employees insured under the policy at the time of issue thereof; and (Amended 66 of 1993 s. 10; 47 of 1995 s. 6)
(g) the amount of the liability insured under the policy. (Added 47 of 1995 s. 6)
(2) Subsection (1) shall not apply where the policy of insurance, in so far as it is issued for the purposes of this Part, relates solely to domestic servants employed in, or in connection with, the private household of the employer or relates to an employee referred to in section 30B whose work is performed outside Hong Kong. (Amended 59 of 1988 s. 13)
(3) An employer who without reasonable excuse contravenes subsection (1) commits an offence and is liable to a fine at level 3. (Amended 52 of 2000 s. 20)
(4) Any employer who without reasonable excuse provides any false or misleading information in a notice under subsection (1) commits an offence and is liable to a fine at level 5. (Added 47 of 1995 s. 6)

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

42. Insurer’s liability
(1) Notwithstanding anything in a policy of insurance issued for the purposes of this Part, an insurer is liable, in a proceeding under section 36LA or 44, for the amount of the liability of the employer not exceeding the available amount covered by the policy of insurance. (Amended 47 of 1995 s. 7)
(1A) For the avoidance of doubt, it is declared that an insurer is liable, in a proceeding under section 36LA or 44, for the amount of the liability of the employer not exceeding the available amount covered by the policy of insurance issued for the purposes of this Part notwithstanding the obligation imposed upon the employer by section 40 to insure for an amount in excess of the amount insured. (Added 47 of 1995 s. 7)
(2) This section does not apply to a policy of insurance issued for the purposes of this Part that is issued before the commencement of this section.
(3) Where under this Part an amount is paid by the insurer which would, but for this section, not be payable under the policy of insurance, the employer is liable to pay that amount to the insurer.
(Replaced 66 of 1993 s. 12)