(Cap 282 section 50)
[1 December 1953]
(G.N.A. 162 of 1953)
PRELIMINARY
These rules may be cited as the Employees’ Compensation (Rules of Court) Rules.
(L.N. 240 of 1980)
In these rules-
‘Schedule’ (附表) means a Schedule to these rules;
‘the Ordinance’ (本條例) means the Employees’
Compensation Ordinance (Cap 282).
The forms contained in the Schedule or forms to the like effect shall be used with such variations and modifications as the circumstances may require.
(G.N.A. 84 of 1956)
REGISTRAR OF THE COURT
It shall be the duty of the registrar of the court, upon request, to-
(a) give information as to matters of form or procedure to any party, and to supply to any party who is not legally represented any form required by these rules for use in matters or proceedings before a court;
(b) fill in and make copies of any necessary forms whenever a party, who is not legally represented, is unable to do so owing to illiteracy, blindness, or other physical cause;
(c) issue all necessary process.
The registrar of the court shall mark with a separate number the first document lodged with him by an applicant, and any document lodged subsequently by any party in relation to that application shall first be marked with the same number by the party lodging it and unless so marked may be refused by the registrar of the court.
The registrar of the court shall file under their respective numbers and keep separate the records of all applications under the Ordinance.
The registrar of the court shall keep a book, to be called the “Application Record Book”, which shall be in the form and contain the particulars set out in Form 12 in the Schedule.
(Repealed L.N. 261 of 1975)
Any minute of any order or appointment made by the court and any receipt to be given by the court may be signed by the registrar of the court.
The first document lodged by a party with the registrar of the court shall bear such party’s full name and such address as will enable service of notices and documents to be effected on him either by delivery or through the post. A post office box alone shall not be a sufficient address for the purposes of this rule.
Any change of such address shall forthwith be notified, by the party making such change, to the registrar of the court and to the other party or parties to the proceedings.
Any address lodged by a party in pursuance of this rule shall remain an address for service of such party from the date of lodging such address until 48 hours after change thereof has been notified as prescribed in the preceding rule.
Save as is otherwise specially provided in the Ordinance or these rules, the following provisions shall apply to service of applications, answers, orders, notices, and other documents which, by the Ordinance or the rules made thereunder, are required to be served on any person who resides in Hong Kong or who has an address for service in Hong Kong or who has authorized a person resident in Hong Kong to accept service on his behalf-
(Amended 56 of 2000 s 3)
(a) Service may be effected by sending (within 24 hours after the document to be served has been lodged with the registrar of the court) a copy thereof by prepaid registered post to the party to be served at his address for service. Every copy so sent shall, until the contrary is proved or unless and until the copy is returned by the postal authorities, be deemed to have been served on the person to whom it was so addressed at the time at which it would be delivered in the ordinary course of post.
(b) Where a party to an application employs a legal practitioner for the purposes of the application, service upon that party may be effected by delivery of the document at the office of such legal practitioner.
(c) Service may also be effected through the bailiff of the court in the manner provided by the rules governing service of summons in actions in the court.
(d) Service may be validly effected in any other manner, provided that a receipt, stating the date and hour of service signed by the person to be served or by a person entitled to give such receipt on his behalf, is endorsed on the document or on a copy thereof.
Where any respondent to an application either does not come within the provisions made in the preceding rule, or cannot be served in any of the manners provided in that rule, the court may, upon application ex parte supported by an affidavit stating the circumstances, direct in what manner service shall be effected upon him, including service by newspaper advertisement; and service in accordance with such directions shall be valid and effectual.
Save where other provision is made, service shall be effected by or at the instance of the parties.
(1) An employee or an employer or any other person who desires the determination of any question arising out of an accident in which compensation is or might be claimed shall lodge with the registrar of the court a written application in Form 1, 2 or 3 in the Schedule accompanied by particulars containing-
(L.N. 240 of 1980)
(a) a concise statement of the circumstances in which the application is made and the relief or order which the applicant claims, or the question which he desires to have determined;
(b) the full name and address of the applicant, and the name and address of the respondent.
(2) If the application be made by an employer, it shall be accompanied by a statement whether he admits his liability to pay compensation or denies such liability, and whether the admission or denial is total or partial, and if he admits or denies liability. In the case of a denial of liability, the grounds shall be stated.
(1) A judge may use either or both of the official languages in hearing an application or any other proceedings or a part of any proceedings before him as he considers appropriate for the just and expeditious disposal of the proceedings before him.
(2) The decision of the judge under paragraph (1) is final.
(3) A party to an application or a witness in any proceedings or a part of any proceedings before the Court may-
(a) use either or both of the official languages; and
(b) address the Court or testify in any language.
(4) A legal representative in an application, in any proceedings or in a part of any proceedings before the Court may use either or both of the official languages.
(5) Documents prepared for use by the Court in any application may be in either official language.
(6) A party may file any document to be served on another party or person in either official language.
(7) A party served with a document in an official language with which he is not familiar may within 3 days of being served request in writing the party serving the document to provide a translation of the document into the other official language. The party receiving the request shall indicate in writing within 3 days of receiving the request whether he will provide the translation or not.
(8) A party who agrees to provide a translation shall do so as soon as practicable.
(9) A party whose request is refused may apply to the Court for an order that the party serving the document shall provide the other party with a translation of it. The Court may order the party serving the document to provide a translation of it if the Court is satisfied that the request is reasonable. The Court may further order that the time for compliance with any rule or order requiring the taking of any step in proceedings within a particular period will not start to run until the translation is received by the applicant.
(10) The time for compliance with any rule or order requiring the taking of any step in proceedings within a particular period shall start to run if a request in writing is served under paragraph (7)-
(a) only after the receipt of the refusal to give a translation;
(b) only after the receipt of the translation; or
(c) as may be ordered by the Court under paragraph (9).
(11) The costs of and incidental to providing a translation under this rule are costs in the cause of the proceedings unless the Court otherwise directs.
(L.N. 591 of 1995)
(1) As soon as an application, together with the accompanying particulars and statements required by rule 16, has been lodged, the registrar of the court shall cause a copy thereof to be served upon the respondent together with a notice in Form 4 in the Schedule informing the respondent that he must lodge with the registrar of the court such an answer as set out in paragraph (2) within the period therein stated, and that in default of his complying with that paragraph or of his appearing at a time and place fixed in the notice, such order may be made as the court deems just and expedient. Save with the written consent of the respondent communicated to the registrar of the court, not less than 1 month shall elapse between the date of the service of the notice upon the respondent and the date fixed for hearing the application.
(2) If the respondent intends to oppose an application he shall, within 21 days after service of the notice, or within such extended period as the court may upon special request allow, lodge with the registrar a written answer in Form 5 in the Schedule containing a concise statement of the extent and grounds of his opposition.
(3) The court may, at any time before the determination of the question in dispute and upon such terms as to adjournment or as to costs as may be deemed just, allow an application, or any particulars or statement accompanying the same, or any answer thereto, to be amended. Any such amendment shall be lodged with the registrar of the court who shall forthwith cause it to be served upon the opposite party.
(1) The respondent may, not later than 14 days after he has received notice of application, serve on the applicant a request in writing in Form 6 in the Schedule for further particulars of the grounds upon which the application is made, specifying in such request the questions as to which he desires to have information; and the applicant may, not later than 14 days after he has received the answer to the application, serve on the respondent a request in writing for similar particulars of the grounds upon which the application is opposed.
(2) A copy of any such request shall forthwith be lodged with the registrar of the court by the party making the request, and a copy of a reply thereto shall forthwith be lodged with the registrar of the court by the party making the reply.
(3) If the party so requested to furnish particulars fails to do within 14 days from the date of service of the request aforesaid and in consequence of such failure it is necessary to adjourn the hearing of the application, the court may order that the costs occasioned by such adjournment shall be paid by the party so in default. The court may disallow, with costs, any request for particulars which appears to the court to be unnecessary or vexatious. The court may award against the party making a request for particulars the costs of the replies thereto.
Where an applicant wishes to amend his application or any particulars or statement accompanying it, or where a respondent wishes to amend his answer to an application, the party wishing to make such amendment shall forthwith lodge with the registrar of the court a statement in writing of such amendment, and shall at the same time serve a copy thereof upon the other party or parties to the proceedings.
(1) A respondent from whom compensation is claimed may pay into court a sum which is considered by him to be sufficient to cover his liability.
(2) If no greater compensation be awarded than the sum of money which the respondent has paid into court, the court may order that any costs incurred by such respondent, after payment by him into court of the said sum of money, shall be paid by the applicant.
The parties shall lodge with the registrar of the court such copies of documents as are required to be served by the registrar of the court on the other party to the application or to be sent to him.
(1) Where a principal contractor has given notice (such notice to be in Form 10 in the Schedule) to a sub-contractor of a claim or application for compensation made against the principal contractor, and the sub-contractor desires to intervene, he shall forthwith lodge with the registrar of the court a notice in Form 11 in the Schedule that he so intervenes and shall forthwith serve copies of such notice of intervention upon the applicant and the principal contractor. The sub-contractor shall thereupon be entitled to make copies of the application and of any other document then lodged with the registrar of the court in connection with the application.
(2) A sub-contractor who has so lodged with the registrar of the court notice that he intervenes shall lodge an answer to the application within 14 days after service upon him of the said notice given by the principal contractor or within such further time as the court may on application allow.
(3) The court may, on the hearing of the application, either order that such person be made a respondent if the court is satisfied that he is entitled so to intervene, or may refuse to make him a respondent and order him to pay the costs incurred by his intervention if satisfied that he is not entitled so to intervene.
(L.N. 227 of 1983)
If any person served with a notice as a sub-contractor desires to dispute the applicant’s claim or his own liability to the principal contractor he shall appear before the court; and in default of his so doing he shall be deemed to admit the validity of any order against the principal contractor whether such order is made by consent or otherwise, and his own liability to indemnify the principal contractor to the extent claimed in the notice served on him by the principal contractor.
(L.N. 227 of 1983)
(1) The court may at any stage of the proceedings, upon request made to it or of its own motion, order that any person appearing to be interested be joined in the proceedings.
(2) A person requesting such an order shall lodge with the registrar of the court a notice of the request in writing and shall forthwith serve a copy of the notice upon the parties or the other party to the proceedings, as the case may be.
(3) Unless the court gives leave to the contrary, the copy of the notice required by paragraph (2) shall be served at least 2 clear days before the date named in the notice for hearing the request.
(4) Where the court refuses to make the order requested it may order the person making the request to pay the costs incurred by his request.
(L.N. 229 of 1986)
(1) An application to determine the reimbursement payable in respect of the expenses of medical attendance on or the funeral of a deceased employee shall be made by any person who has paid the expenses and any other person known to the applicant to be a person who has paid the expenses shall be joined in the application either as applicant or as respondent.
(2) Where the amount awarded by the court on such applications is insufficient to reimburse such expenses in full, it shall be apportioned between the persons to whom such reimbursement are payable on a pro rata basis.(52 of 2000 s. 36)
Where in any application or matter the court orders compensation to be periodical payments in accordance with the provisions of section 10 of the Ordinance such order shall be in Form 7 in the Schedule.
An application in accordance with the provisions of section 6C(14), 6D(9), 6E(14) or 16A(8) of the Ordinance shall be in Form 3 of the Schedule of the Employees’ Compensation Regulations (Cap 282 sub. leg.).
(L.N. 227 of 1983;; 36 of 1996 s. 31;; 52 of 2000 s. 37)
Any application for review made under the provisions of section 19 of the Ordinance shall be in Form 8 in the Schedule, and any order made in consequence of such review shall be in Form 9 in the said Schedule.
SPECIAL CASE
Procedure in submitting any question of law
Amendments retroactively made - see 25 of 1998 s. 2
(a) When a court submits any question of law for the decision of the Court of Appeal, the case shall be divide into paragraphs numbered consecutively, and shall state concisely such facts and refer to such documents as may be necessary to enable the Court of Appeal to decide the questions of law raised thereby.
(b) The case shall be signed and sent to the registrar of the High Court who shall appoint a day, hour and place for hearing the case. (25 of 1998 s. 2)
(c) The registrar of the High Court shall forthwith cause due notice of the day, hour and place appointed for hearing the case to be given to the parties; such notice shall be not less than 14 clear days before the date of the hearing, except with the consent of all parties. (25 of 1998 s. 2)
(d) Any party shall be entitled to obtain from the registrar of the High Court a copy of the case. (G.N.A. 63 of 1961; 25 of 1998 s. 2)
(e) After deciding the question submitted to it, the Court of Appeal shall remit the case with a memorandum of its decision to the court.
(f) The Court of Appeal may remit the case to the court for restatement or further statement.
(g) The costs of the hearing of a case shall be in the discretion of the Court of Appeal and shall form part of the proceedings before the court.
No fees shall be payable in respect of any application made or proceeding instituted pursuant to any of the provisions of the Ordinance.
(G.N.A. 63 of 1961)
Application by Injured Employee in respect of Compensation Payable to him
The ........................................................... Court of
.............................................................
Case No.
..
In the matter of an Application between-
..., applicant,
and
respondent.
___________
1. (a) On the .................... day of ............................ 19 ......., personal injury by accident arising out of and in the course of employment was caused to the applicant, an employee employed by the respondent/*the 1st respondent.
(b) *At all material times the 1st respondent was a sub-contractor within the meaning of the Ordinance to a principal contractor within the meaning of the Ordinance namely the 2nd respondent.
2. An application under the Ordinance is hereby made by the applicant for compensation under section(s)
........................................................................... of the Ordinance.
3. Particulars are as follows-
(1) Date of birth or age of the applicant at the date of the accident
.............................................
(2) Nature of employment of the applicant at the time of the accident
.............................................
(3) Date and place of accident, nature of work on which the applicant was then engaged and nature of accident and cause of injury ................................................................
(4) Nature of injury
.....................................................................................................
(5) Particulars of incapacity and/or of attention
.............................................................
.............................................
(6) Monthly earnings of the applicant from employment with the respondent-
(a) for the month immediately preceding the accident .............................................
(b) on average during the 12 months (or any lesser period of employment with the employer) prior to the accident
.............................................
(7) If temporary incapacity pursuant to section 10 of the Ordinance is alleged, monthly earnings (if any) which the applicant is earning or is capable of earning (if known) during the period of temporary incapacity ...........................................
................
(8) Amount claimed as compensation
............................................................................
(9) Date of giving notice of accident to respondent
.........................................................
(10) If notice not given, reason for omission to give such notice
........................................
The name and address of the applicant or his solicitor are-
Of the applicant
............................................................................................................
Of his solicitor
...............................................................................................................
The name and address of the respondent(s) to be served with this application are ..............
.................
Dated this day of 19 .............................................................
Applicant/Solicitor for the Applicant
* Delete as required. (L.N. 227 of 1983; L.N. 383 of 1995; 36 of 1996 s. 32)
___________
Application on behalf of Members of the Family in respect of Compensation Payable where death has resulted from injury to the Employee
The ........................................................... Court of
.............................................................
Case No.
In the matter of an Application between-
..., applicant,
and
respondent.
1. (a) On the ................................ day of ..................... 19 ......., personal injury causing death by accident arising out of and in the course of employment was caused to ........................................... deceased, an employee employed by the respondent/*1st respondent.
(b) *At all material times the 1st respondent was a sub-contractor within the meaning of the Ordinance to a principal contractor within the meaning of the Ordinance namely the 2nd respondent.
2. An application under the Ordinance is hereby made by
.............................................
acting on behalf of the members of the family against the respondent(s) for compensation pursuant to the Ordinance.
3. Particulars are as follows-
(1) Date of birth or age of the deceased employee at the date of the accident
.................
.............................................
(2) Nature of employment of the deceased at the time of the accident
............................
.............................................
(3) Date and place of accident, nature of work on which the deceased was then engaged, and nature of accident and cause of injury ................................................................
(4) Nature of injury to the deceased and date of death
..................................................
(5) Monthly earnings of the deceased from employment with the respondent-
(a) for the month immediately preceding the accident ............
(b) on average during the 12 months (or any lesser period of employment with the employer) prior to the accident
........................................................................
(6) Particulars as to members of the family by whom or on whose behalf the application is made-
| Name | Address | Description Occupation | Relationship to the deceased | Age |
(7) Amount claimed as compensation
............................................................................
(8) Date of giving notice of accident to respondent(s)
.....................................................
(9) If notice not given, reason for omission to give such notice
........................................
.............................................
The name and address of the applicant or his solicitor are-
Of the applicant
............................................................................................................
Of his solicitor
............................................................................................................
The name and address of the respondent(s) to be served with this application are ..............
.................
Dated this day of 19 ..............................................................
Applicant/Solicitor for the Applicant
* Delete as required
(L.N. 227 of 1983; L.N. 383 of 1995; 52 of 2000 s. 38)
The ........................................................... Court of
.............................................................
Case No.
..
In the matter of an Application between-
.., applicant,
and
respondent.
Application is hereby made by (1)
.............................................................................................
................................ against (2)
.............................................................................................
.................
The circumstances in which the application is made are shortly as follows: (3)
.....................
.................
.................
The relief or order which the applicant claims is shortly as follows: (4)
................................
.................
.................
The full names and addresses of the applicant and his solicitor are-
Of the applicant
............................................................................................................
....
....
Of his solicitor
............................................................................................................
....
....
The name and address of the respondent to be served with this application are
..................
.................
Dated this ................ day of ........................ 19 .........
Applicant (or his Solicitor)
Note-Where the application is made by an employer, and any question of his liability to pay compensation is involved, it must be accompanied by a statement whether he admits his liability to pay compensation or denies such liability, and whether the admission or denial is total or partial, and if he admits or denial is total or partial, and if he admits or denies liability partially, a statement of the extent to which he admits or denies liability. In the case of a denial of liability, the ground shall be stated.
____________________
(1) Name and address of applicant.
(2) Name and address of respondent.
(3) State concisely in numbered paragraphs in chronological order the circumstances in which the application is made.
(4) State concisely the relief or order which the applicant claims.
(L.N. 227 of 1983)
[rule 17]
Notice to Respondent as to Application
The ................................................................. Court of
.......................................................
Case No.
..
In the matter of an Application between-
.., applicant,
and
..........................................................................................................................,
respondent.
To ..............................................................
of ..........................................................
TAKE NOTICE that, if you intend to oppose the application, of which a copy is served upon you herewith, you must lodge with me, within 21 days after the service of this notice upon you, a written answer thereto containing a concise statement of the extent and grounds of your opposition.
And further take notice that
...................................................................................... the
................................ day of .................................. 19 .............. at .................................. m., or so soon thereafter as the application can be heard, at the ..................................................... at ................................................... has been fixed as the time and place of the hearing of the application and that in default of your lodging with me within the time aforesaid a written answer as herein required, or of your appearing at the said time and place fixed for the hearing of the application, such order may be made as the Court deems just and expedient.
Dated this ...................... day of .......................... 19 .........
Registrar of Court
Respondent’s answer to Notice
The ................................................................. Court of
.......................................................
Case No.
..
In the matter of an Application between-
.., applicant,
and
..........................................................................................................................,
respondent.
To the Registrar of the Court,
..........................................................................
The respondent intends to oppose the above application.
The following is a concise statement of the extent and grounds of his opposition: ...............
.................
Respondent (or his Counsel or Solicitor)
Date .......................................
Place ......................................
Request for Particulars
The ................................................................. Court of
.......................................................
Case No.
..
In the matter of an Application between-
.., applicant,
and
..........................................................................................................................,
respondent.
To
(1).........................................................................................................................
.............
..........
TAKE NOTICE that you are hereby requested to furnish me with answers in writing to the following questions: (2)
.......................................................................................................
.................
Dated this .................. day of ........................ 19 ........
(3) ...............................................................
_______________
(1) Name and address of employee, applicant, or respondent to whom request is made.
(2) State shortly and clearly under consecutive numbers the questions to which answers are requested.
(3) Signature and address of person making the request.
Order for Periodical Payments
The ................................................................. Court of
.......................................................
Case No.
..
In the matter of an Application between-
.., applicant,
and
..........................................................................................................................,
respondent.
It is ordered that (1)
.........................................................................................................
.................
do forthwith pay to (2)
.............................................................................................................
at (3) .................................................................... the taxed or assessed costs of an application heard on the ................................................. day of .......................................... 19 ......., and the sum of $ ..................................................................... being the amount now due from the said (1)
.......
to the said (2)
in respect of a monthly payment of
............................................................................ from the
........................... day of ............................. 19 ......... being the date of the injury, to the date of order; and do further pay at the same place on every ........................................................... day from the date of this order until otherwise ordered, the sum of ............................................
Dated this ................. day of ....................... 19 ........
Registrar of the Court
(1) Employer’s name and address.
(2) Employee’s name and address.
(3) Place where payment is to be made.
______________
Application for the Revision of a Periodical Payment
The ................................................................. Court of
.......................................................
Case No.
..
In the matter of an Application between-
.., applicant,
and
..........................................................................................................................,
respondent.
An application is hereby made by........................................................................ against .................................................................... with respect to the revision of the order made by the Court on the .................... day of .................................................................... 19 ..........., (or the agreement arrived at between the said parties on the .................. day of ....................... 19 ....................) and for the termination (or suspension, diminution, or increase, as the case may be) of the monthly payment payable to the said ............................................................... under the said order (or agreement) in respect of personal injury which arose out of and in the course of his employment.
Particulars are hereto appended (or annexed)-
PARTICULARS
(1) Name and address of injured employee
...................................................................
............................................
(2) Name and place of business of employer by whom compensation is payable ..............
............................................
(3) Date and nature of accident, and injury
....................................................................
(4) Date of order or agreement fixing monthly payment, amount of such payment, and date from which it commenced
................................................................................
............................................
(5) Relief sought by applicant, (whether termination, suspension, diminution, or increase)
.............................................
.............................................
.............................................
(6) Grounds on which (termination, suspension, diminution or increase) is claimed-
.............................................
.............................................
.............................................
The names and addresses of the applicant and his Counsel or Solicitor are-
Of the applicant:
.......................
.........
.........
Of his Counsel
.......................
.........
.........
or Solicitor:
....................
.........
.........
The name and address of the respondent to be served with this application are
..................
.................
Dated this .................... day of .................. 19 .........
__________
Order on Revision of Order/Agreement for Periodical Payments
The ................................................................. Court of
.......................................................
Case No.
..
In the matter of an Application between-
.., applicant,
and
..........................................................................................................................,
respondent.
Before ...................................................................................................................... on .................. day, the ...................... day of .......................... 19 ........
Upon revision of the order for periodical payments made ................................................. on the .................... day of ......................... 19 .......... (or the agreement arrived at between the said parties on the ....................... day of ............................... 19 ..........) and upon hearing the evidence given by ................................ and Mr .............................. for the applicant and Mr. ............................ for the respondent.
It is hereby ordered that the said order/agreement be varied in the following manner:
.................
.................
.................
.................
and that the costs of the said
..................................................................................................
of and incidental to this application and order be taxed or assessed and paid by the said .............
to the said .
Dated this .................. day of .......................... 19 ..........
______________
Notice by Principal Contractor to Sub-Contractor
The ................................................................. Court of
.......................................................
Case No.
..
In the matter of an Application between-
.., applicant,
and
..........................................................................................................................,
respondent.
To (1)
.........
.......................
Notice is hereby given to you that an application/a claim for compensation is made against (2)
by(3) ................................................................................................................. who alleges that the said (4) .............................................................................................................. is liable to pay him compensation in respect of an accident which occurred at (5) ........................................ on the ............................. day of ........................ 19 ...........
Dated this .......... day of .................. 19 .....
(6) ........................................................................
.........................................................................
.........................................................................
____________________
(1) Name and address of the sub-contractor.
(2) Name and address of principle contractor.
(3) Name and address of employee.
(4) Name of principal contractor.
(5) Place of accident.
(6) Signature and address of person giving the notice.
______________
Notice of Intervention by Sub-Contractor
The ................................................................. Court of
.......................................................
Case No.
..
In the matter of an Application between-
.., applicant,
and
..........................................................................................................................,
respondent.
To the Registrar of the Court
and to the (applicant) and the (principal contractor).
Notice is hereby given by (1)
..................................................................................... that he intervenes in this application for compensation made by (2)
.................................................... against (3)
..
The address for service of the said (4)
.............................................................................. is
..............
.................
.................
Dated this .................. day of .......................... 19 .........
(5) ........................................................................
.........................................................................
.........................................................................
____________________
(1) Name and address of the sub-contractor.
(2) Name of employee.
(3) Name of principal contractor.
(4) Name of the sub-contractor.
(5) Signature and address of the person giving the notice.
____________
Application Record Book
The ................................................................. Court of
.......................................................
