Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition

Author: Au Lut Chi; Kyra Kung
Publisher: LexisNexis Hong Kong
ISBN: 9789888814343
Published In: March 2023
Format: Paperback , 400 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,100.00

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About the book

Butterworths Hong Kong Employees’ Compensation Handbook encompasses up-to-date materials of the Employees’ Compensation Ordinance (Cap. 282), a key piece of Hong Kong legislation pertaining to employees’ compensation. Not only does it reproduce the current text of the Ordinance and details of amendments and repeals, the Handbook also provides section-by-section annotations to the Ordinance, while a significant number of judicial decisions and court rules are included in these annotations. In addition, the said annotations contain notes, practical aspects and contentious issues associated with particular sections in a succinct manner, including definitions of words and phrases. Those engaging in or interested in employees’ compensation in Hong Kong, such as lawyers, businesspeople, in-house counsel, company directors, company secretaries, Human resources managers, and judicial officials, will find this Handbook an invaluable companion.

What’s key in this title

In 2021, the Employees’ Compensation Ordinance (Cap. 282) was amended to cover situations in which an employee is injured or dies as a consequence of an accident while commuting to or from work during periods of ‘extreme conditions’ resulting from a super typhoon or other major natural disasters. A recent decision has shown that the issue of illegal employment has no place in the assessment under the Ordinance. Further, the court has found that there is no interruption of work notwithstanding that the applicant was not actively at work or taking an ‘unofficially’ acceptable rest by adopting a flexible approach in accordance with the established principles. The court’s view on the need to identify an event or series of events that constitute the ‘accident’ is unwavering. In a recent case, the applicant’s cerebral stroke, which resulted in the loss of consciousness of the applicant was something internal, hence did not constitute an ‘accident’. Recent cases have demonstrated the Court is now open to apply 11(b) of the Ordinance to an applicant who had worked for less than a month so long as it is practical to calculate their monthly remuneration.
Barrister-at-law, Gilt Chambers Au Lut Chi

Au Lut Chi has a civil practice with a focus on personal injuries, chancery and commercial litigations. His clients include insurance companies, executors, beneficiaries, investor funds, fund managers, listed companies and telecom operators. In his personal injuries practice, he acts for both defendant insurance companies and plaintiff victims. Cases range from simple slip and fall case to victims in vegetative state. He is regularly instructed to advise on matters arising from insurance policies. LC is a regular CPD presenter and a contributor to numerous practitioner’s texts, including the Hong Kong Civil Procedure, Atkin’s Court Forms Hong Kong (Companies (General)), Hong Kong Encyclopaedia of Forms and Precedents Companies (General) and various volumes of the Annotated Ordinance of Hong Kong. Apart from his civil practice, LC is engaged in disciplinary and tribunal hearings in all capacities, including the chairman, legal advisor, counsel for the Government and professionals.

Barrister-at-law, Gilt Chambers Kyra Kung

Kyra Kung joined Gilt Chambers after completing her pupillage with Mr. Paul C.L. Leung, Mr. Enzo W.H. Chow, Mr. Derek T.L. Hu, and Mr. Au Lut Chi. She is developing a broad civil and criminal practice with emphasis on contentious probate, matrimonial, personal injuries and commercial matters.