Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 10

Compensation in case of temporary incapacity

(Past version on 30/06/1997).

(1) Where temporary incapacity whether total or partial results from the
injury, the compensation shall be the periodical payments hereinafter
mentioned, or a lump sum calculated accordingly, having regard to the probable
duration, and probable changes in the degree, of the incapacity. Such
periodical payments shall be, or shall be at the rate proportionate to, a
monthly payment of four-fifths of the difference between the monthly earnings
which the employee was earning at the time of the accident and the monthly
earnings which he is earning, or is capable of earning, in some suitable
employment or business during the period of the temporary incapacity after the
accident. (Amended 55 of 1969 s. 10; 76 of 1982 s. 7; 67 of 1996 s. 3)

(2) For the purposes of this section a period of absence from duty certified
to be necessary by a registered medical practitioner, a
registered Chinese medicine practitioner, a registered dentist, an
Ordinary Assessment Board or a Special Assessment Board shall be deemed to be
a period of total temporary incapacity irrespective of the outcome of the
injury. (Added 55 of 1969 s. 10. Amended 31 of 1985 s. 2; 16 of 2006 s. 13)

(3) Periodical payments under this section shall be payable on the same days
as wages would have been payable to the employee if he had continued to be
employed under the contract of service or apprenticeship under which he was
employed at the time of the accident: Provided that-

   (a)  by agreement or by order of the Court, the periodical payments may be
        made at shorter intervals; and

   (b)  the interval between periodical payments shall not exceed 1 month.
        (Added 55 of 1969 s. 10)

(4) In the event of death or permanent incapacity following a period of
temporary incapacity whether total or partial, no periodical or lump sum
payments paid or payable under this section shall be deducted from any amount
of compensation payable under section 6, 7, 8 or 9. (Added 55 of 1969 s.10)

(5) An employee who has received periodical payments under this section for a
period of 24 months from the date of the commencement of the temporary
incapacity or for such further period being not more than 12 months as the
Court may allow in any particular case shall no longer be entitled to
periodical payments under this section but shall be deemed to have suffered
permanent incapacity and the provisions of section 7 or 9, as the case may be,
shall apply to the employee. (Added 55 of 1969 s. 10. Amended 1 of 1995 s. 5)

(6) In fixing the amount of the periodical payment, the Court shall have
regard to any payment, allowance or benefit which the employee may receive
from the employer during the incapacity.

(7) On the ceasing of the incapacity before the date on which any periodical
payment falls due, there shall be payable in respect of that period a sum
proportionate to the duration of the incapacity in that period.

(8) An employee in receipt of periodical payments under this section who
intends to leave Hong Kong for the purpose of residing outside Hong Kong may
apply to the Court for an order for the redemption of such periodical payments
and the payment to him, subject to subsection (9), of a lump sum amount to be
determined by the Court. (Replaced 1 of 1995 s. 5)

(9) The amount of a lump sum payable to an employee under subsection (8)
together with the periodical payments already made to the employee under
subsection (1) shall not exceed the lump sum which would be payable in respect
of the same degree of incapacity under the provisions of section 7 or 9, as
the case may be, if the incapacity were permanent. (Replaced 1 of 1995 s. 5)

(10) Without prejudice to any other provision of this Ordinance, an employer
who without reasonable excuse fails to pay to the employee or to the Court any
compensation or any proportionate part thereof thereof under this section
within a period of 7 days after the date on which such compensation falls due
(whether under subsection (3) or by agreement or by order of the Court),
commits an offence and is liable to a fine at level 6. (Added 76 of 1982 s. 7.
Amended 63 of 1992 s. 4; 64 of 1992 s. 2; 36 of 1996 s. 7)

(11) If the period of temporary incapacity does not exceed 3 days and the
employer fails to pay to the employee or to the Court the compensation or any
proportionate part thereof that he is liable to pay under this section within
the period referred to in subsection (10), the compensation or proportionate
part thereof may be recovered by the employee from the employer-

   (a)  as a civil debt in the Small Claims Tribunal established under the
        Small Claims Tribunal Ordinance ( Cap 338); or

   (b)  where the amount claimed exceeds the jurisdiction of the Small Claims
        Tribunal, as a civil debt in the District Court. (Added 67 of 1996 s.
        3)

(12) A claim for compensation or any proportionate part thereof may be brought
in the District Court under subsection (11)(b) either independently of or in
conjunction with any other claim for compensation which is, under this
Ordinance, to be brought in the District Court. (Added 67 of 1996 s. 3)
(Amended 44 of 1980 s. 15)