3. Are there any circumstances in which employers are also liable to pay compensation for injuries that are suffered outside of the workplace (or outside of Hong Kong)?
If an employee sustains an injury in the following circumstances, then that employee is deemed to have been injured in an accident arising out of and in the course of employment, and the employer is liable to pay compensation:
- while travelling as a passenger to or from the employee's place of work by means of transport that is operated or arranged by the employer (except as part of a public transport service);
- while travelling by a direct route between the employee's residence and the place of work for the purpose of and in connection with employment by driving or operating a means of transport arranged or provided by the employer;
- when typhoon signal No. 8 or above or a red/black rainstorm warning is in force, while travelling from the employee's place of residence to the place of work by a direct route within four hours before the commencement of working hours for that day, or from the place of work to the place of residence within four hours after the time of cessation of the working hours for that day; or
- while travelling, for the purpose of and in connection with the employee's employment by any means of transport permitted by the employer, between Hong Kong and any place outside of Hong Kong or between any places outside of Hong Kong.
The ECO also applies where personal injury by accident arising out of and in the course of employment is caused to an employee outside of Hong Kong where the employee's contract of employment is entered into in Hong Kong with an employer who is a person carrying on business in Hong Kong.