Butterworths Hong Kong Employees' Compensation Handbook – Seventh Edition

Authors: Au Lut Chi, Kyra Kung

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.

Publication Date: February 2023

Publisher: LexisNexis

Product Format Details Qty
Book (Soft cover)
HK$ 2,100.00
In Stock ISBN: 9789888814343

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.


List of Contributors .................................................................................................... v

Preface ...................................................................................................................... xi

Table of Cases ........................................................................................................ xvii

Table of Statutes .......................................................................................................cci

Order 1 Citation, Application, Interpretation and Forms 1

Order 1A Objectives 10

Order 1B Case Management Powers 28

Order 2 Effect of Non-Compliance 37

Order 3 Time 46

Order 4 Assignment, Transfer and Consolidation

of Proceedings 54

Order 5 Mode of Beginning Civil Proceedings in the

Court of First Instance 57

Order 6 Writs of Summons: General Provisions 63

Order 7 Originating Summons: General Provisions 72

Order 8 Originating and Other Motions: General Provisions 76

Order 9 Petitions: General Provisions 78

Order 10 Service of Originating Process: General Provisions 80

Order 11 Service of Process, etc., Out of the Jurisdiction 89

Order 12 Acknowledgment of Service of Writ or

Originating Summons 114

Order 13 Failure to Give Notice of Intention to Defend 132

Order 13A Admissions in Claims for Payment of Money 144

Order 14 Summary Judgment 158

Order 14A Disposal of Case on Point of Law 176

Order 15 Causes of Action, Counterclaims and Parties 179

Order 16 Third Party and Similar Proceedings 225

Order 17 Interpleader 235

Order 18 Pleadings 241

Order 19 Default of Pleadings 289

Order 20 Amendment 295

Order 21 Withdrawal and Discontinuance 314

Order 22 Offers to Settle and Payments into Court 320

Order 22A Miscellaneous Provisions about Payments into Court 374

Order 23 Security for Costs 377

Order 24 Discovery and Inspection of Documents 393

Order 25 Case Management Summons and Conference 444

Order 26 Interrogatories 469

Order 27 Admissions 477

Order 28 Originating Summons Procedure 483

Order 29 Interlocutory Injunctions, Interim Preservation

of Property, Interim Payments, etc. 493

Order 30 Receivers 562

Order 31 Sales, etc, of Land by Order of Court 568

Order 32 Applications and Proceedings in Chambers 570

Order 32A Vexatious Litigants 594

Order 33 Place and Mode of Trial 600

Order 34 Setting Down for Trial Action Begun by Writ 609

Order 35 Procedure at Trial 624

Order 36 Trials before, and Inquiries by, Master 637

Order 37 Damages: Assessment after Judgment and Orders

for Provisional Damages 640

Order 38 Evidence 646

Order 39 Evidence by Deposition: Examiners of the Court 702

Order 40 Court Expert 712

Order 41 Affidavits 716

Order 41A Statements of Truth 731

Order 42 Judgments and Orders 747

Order 43 Accounts and Inquiries 769

Order 44 Proceedings Under Judgments and Orders 773

Order 44A Prohibition Order Before or After Judgment and

attachment of Property before Judgment 778

Order 45 Enforcement of Judgments and Orders: General 789

Order 46 Writs of Execution: General 805

Order 47 Writs of Fieri Facias 810

Order 48 Examination of Judgment Debtor, etc. 821

Order 49 Garnishee Proceedings 827

Order 49B Execution and Enforcement of Judgment for Money

by Imprisonment 840

Order 50 Charging Orders, Stop Orders, etc. 849

Order 51 Receivers: Equitable Execution 864

Order 52 Committal 866

Order 53 Applications for Judicial Review 878

Order 54 Applications for Writ of Habeas Corpus 917

Order 55 Appeals to the High Court from Court, Tribunal or

Person: General 932

Order 58 Appeals from Masters 940

Order 59 Appeals to the Court of Appeal 948

Order 60A Appeals from Tribunals to Court of Appeal on a Question

of Law Other Than By Way of Case Stated 1011

Order 61 Appeals from Tribunals to Court of Appeal by

Way of Case Stated 1015

Order 62 Costs 1017

Order 62A Costs Offer and Payments into Court 1148

Order 63 The Registry 1162

Order 64 Sittings, Vacations and Office Hours 1167

Order 65 Service of Documents 1172

Order 66 Paper, Printing, Notices and Copies 1187

Order 67 Change of Solicitor 1189

Order 68 Official Shorthand Note 1198

Order 69 Service of Process from a Country or Place

Outside Hong Kong 1201

Order 70 Obtaining Evidence for Requesting Courts 1204

Order 71 Reciprocal Enforcement of Foreign Judgments 1211

Order 71A Reciprocal Enforcement of Mainland Judgments 1230

Order 71B Certified Copies of Judgments Given by Court of

Final Appeal and High Court 1241

Order 72 Particular Proceedings 1245

Order 73 Arbitral Proceedings 1253

Order 74 (Repealed L.N. 343 of 1989) 1279

Order 75 Admiralty Proceedings 1280

Order 76 Contentious Probate Proceedings 1329

Order 77 Proceedings by and Against the Crown 1340

Order 78 District Court Proceedings Transferred or

Removed to the Court of First Instance 1347

Order 78A Transfer of Proceedings From Court of First

Instance to Competition Tribunal Under Competition

Ordinance (Cap. 619) 1351

Order 78B Transfer of Proceedings from Competition

Tribunal to Court of First Instance Under

Competition Ordinance (Cap. 619) 1353

Order 79 Tribunal Proceedings Transfer or Removal to the

Court of First Instance 1355

Order 80 Disability 1356

Order 81 Partners 1375

Order 82 Defamation Actions 1384

Order 83A Money Lenders’ Actions 1389

Order 84A Actions Arising Out of Hire-Purchase or Conditional

Sale Agreements 1393

Order 85 Administration and Similar Actions 1397

Order 86 Actions for Specific Performance, etc.: Summary Judgment 1403

Order 87 Debenture Holders’ Actions: Receiver’s Register 1408

Order 88 Mortgage Actions 1411

Order 89 Proceedings between Husband and Wife 1425

Order 90 Proceedings Concerning Minors 1427

Order 92 Lodgment, Investment, etc. of Funds in Court 1432

Order 93 The Variation of Trusts Ordinance (Cap. 253) 1435

Order 95 The Bills of Sale Ordinance (Cap. 20) and

Bankruptcy Ordinance (Cap. 6) 1436

Order 100 The Trade Marks Ordinance (Cap. 559) 1440

Order 102 The Companies Ordinance (Cap. 622) and the

Companies (Winding Up and Miscellaneous

Provisions) Ordinance (Cap. 32) 1443

Order 103 The Registration of Patents Ordinance (Cap. 42):

The Patents Acts 1946 to 1961 and 1977 1452

Order 106 Proceedings Relating to Solicitors: The Legal

Practitioners Ordinance (Cap. 159) 1458

Order 113 Summary Proceedings for Possession of Land 1471

Order 114 Commissioners for Oaths 1476

Order 115 Drug Trafficking (Recovery of Proceeds)

Ordinance (Cap. 405) 1477

Order 115A Mutual Legal Assistance in Criminal

Matters Ordinance (Cap. 525) 1490

Order 116 Organized and Serious Crimes Ordinance (Cap. 455) 1496

Order 117 Organized and Serious Crimes Ordinance (Cap. 455) 1499

Order 117A United Nations (Anti-Terrorism Measures)

Ordinance (Cap. 575) 1506

Order 118 Interpretation and General Clauses Ordinance (Cap. 1) 1519

Order 119 Prevention of Bribery Ordinance (Cap. 201) 1521

Order 120 Charitable Trusts 1523

Order 121 Child Abduction and Custody Ordinance (Cap. 512) 1525

Appendices 1537

Index 1641

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