Butterworths Hong Kong Employee Compensation Handbook, 6th Edition

Butterworths Hong Kong Employees' Compensation Handbook is a detailed work of reference containing up-to-date materials on the Employees' Compensation Ordinance (Cap 282), the major piece of legislation pertaining to matters on employees' compensation in Hong Kong.

The Handbook reproduces the text of the Ordinance as currently in force, together with details on amendments and repeals. The Handbook provides section-by-section annotations to the Ordinance.

These annotations encompass significant judicial decisions and rules of court, as well as notes ranging from definitions of words and phrases to discussion on practical aspects and contentious issues relating to particular sections in a succinct format.

This Handbook will be an indispensable companion for lawyers, businesspersons, in-house counsels, company directors, company secretaries, human resource managers, judicial officers and all those who are engaged or interested in the compensation of employees in Hong Kong.

What's new in this edition

The new edition of the Handbook includes updated commentary across a wide variety of topics including:

• The court’s discussion on various legal notions concerning “internal accident”, “external accident”,“traumatic’ accidents” and “non-traumatic” accidents;
• Whether donation by charity to the family of the deceased is deductible from the award of compensation;
• Caution must be exercised in bringing proceedings on behalf of others in fatal cases;
• Procedural guidance has been given by the court in respect of claims arising from fatal accidents involving persons under disability;
• Whether employees should give consent to their employers to obtain a breakdown of their assessment made by the government medical board in respect of their multiple injuries;
• The treatment of “hospital shopping behaviour” by the court;
• Dire consequences faced by employees for failing to undergo examinations arranged by their employers without reasonable excuses, and what does not qualify to be a reasonable excuse;
• Whether an employee is entitled to await collection of medical expert evidence before considering acceptance or refusal of a Sanctioned Payment;
• Insurers may still be liable for payment of compensation even if the working position of the injured employee does not fit into those specified under their policies; and
• Appropriate costs orders for cases involving the Employees Compensation Assistance Fund Board.