City Scaffolding Factory Ltd v. Leung Man Yi

DCEC 1944/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

EMPLOYEES’ COMPENSATION CASE NO 1944 OF 2015

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Before: HH Judge Levy in Chambers

Date of Hearing: 17 October 2016

Date of Decision: 17 October 2016

Date of Handing Down Reasons for Decision: 9 February 2017

Date of Corrigendum: 8 March 2017

Date of 2^nd Corrigendum: 12 April 2017

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2^ND CORRIGENDUM

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Please note the following corrigendum to the Reasons for Decision dated 9 February 2017: -

Paragraph 16 sub-paragraph (2) should read as follows: -

“(2)　The details of the Certificate were not lodged with the court in accordance with Reg.5 of the Employees’ Compensation Regulations (Cap.282A) (“Regulations”).

Since the applicant did not, in compliance with the said Reg.5, lodge with the court a completed prescribed Form 3 (“Form 3”) in the Schedule to the Regulations containing details of the Certificate, and attach the Certificate either at the time when the application was instituted or later when the summons was filed, the court was not provided with any supporting documents in relation to the s.6D (9) application.”.

Section D.1 and paragraph 19should read as follows: -

“D.1　General: filing of Form 3

19.　Irrespective as to whether disability interests are involved (for example, a member of the family brings an application solely for the enforcement of the Commissioner’s relevant certificate), an applicant for a s.6D (9) court order must lodge with the court a completed prescribed Form 3 with the application.”.

Paragraph 28 should read as follows: -

“28. Irrespective of whether the application is brought by an employer or by a named person in a Form 21 certificate or a review certificate, an application under s.6D (9), shall be in Form 3 in accordance with Reg.5 of the Regulations.”.

Section D.7 should read as follows: -

“D.7　Details of the application

Apart from providing details of a relevant certificate as determined by the Commissioner as required by Form 3, any additional information involving the following matters can be further stated in para 8 of Form 3: -

(i) The nature of the disability (whether it is a minor or a MIP) of the person to whom compensation is payable;

(ii) An order for payment out of the money paid into court by the employer;

(iii) An order for investment of money payable to persons under a disability; and

(iv) Costs.”.

Paragraph 31 sub-paragraph (i) should read as follows: -

“(i) An applicant for a s.6D (9) court order must lodge with the court a completed prescribed Form 3 together with the application. A copy of the relevant certificate as determined by the Commissioner must also be attached with the completed Form 3 (see Form 3, footnote (4));”.

Paragraph 32, line O at page 12 should read as follows: -

“Sch. 2(2)” should read as “Sch. 2(1)”.

Dated the 12^thday of April 2017.