The Employees Compensation Assistance Fund Board (“the Board”) was established on 1 July 1991 under the Employees Compensation Assistance Ordinance (Cap. 365) (“the Ordinance”). It administers the Employees Compensation Assistance Fund (“the Fund”) set up under the Ordinance and implements the Employees Compensation Assistance Scheme for the protection of the entitlement of employees and eligible persons to compensation and relief payments Note for work injuries.
The Fund is financed by a levy payable by employers when they take out employees’ compensation insurance policies. The levy, imposed under the Employees’ Compensation Insurance Levies Ordinance, is collected by the Employees’ Compensation Insurance Levies Management Board (“ECILMB”). The levy rate is 5.8%, of which 3.1% is allotted to the Board, 2.0% to the Occupational Safety and Health Council and 0.7% to the Occupational Deafness Compensation Board.
The statutory functions of the Board are:
- to hold the Fund on trust and to administer it for the benefit of those eligible for compensation under the Fund;
- to receive monies collected from insurers by the ECILMB;
- to assess and determine the eligibility of applications for assistance payments from the Fund;
- to regularly advise the ECILMB on the amounts required to meet known and anticipated claims against the Fund; and
- to carry out other functions assigned to it under the Ordinance.
Appointed by the Chief Executive of the HKSAR, the nine-member Board represents various interests and professionals. It comprises:
- the chairman;
- 2 members representing employers;
- 2 members representing employees;
- 1 expert member in the practice of accounting, investment or law;
- 1 expert member in the practice of insurance; and
- 2 public officers representing the Commissioner for Labour and the Director of Legal Aid.
Their term of office is two years and the current term commenced on 1 July 2018 and will last until 30 June 2020.
Note: According to the amendments of the Employees Compensation Assistance Ordinance in 2002, injured employees who are unable to receive common law damages from an employer (or insurer) following an award made by the court on or after 1 July 2002 will be granted “relief payments” instead of damages. For cases involving $1.5 million or less, a one-off payment will be made. For cases involving more than $1.5 million, an initial sum of $1.5 million will be made, together with additional monthly payments of $10,000 or the monthly earnings of the employee or eligible family members of the deceased employee at the time when the injury/fatality was sustained, whichever is the higher, until the balance is paid off.
- Ms WONG Pui-sze, Priscilla, BBS, JP
- Dr SZETO Wing-fu, Ricky
- Ms WONG Yeuk-lan
- Mr LAM Wai-kong
- Ms LEE Sau-king
- Mr POON Wing-fai, Jimmy, MH
- Mr LAM Kin-hong, Matthew, MH
- Mr LI Chi-chung, Simon, JP (representative of the Commissioner for Labour)
- Ms CHAN Oi-yung, Juliana , JP (representative of the Director of Legal Aid)