Please examine this Policy Jacket, the Policy Schedule and Table of Benefits. If they do not meet with your requirements, or if any information is not correctly stated, kindly return the documents to the Company and ask for the corrections to be made. Please do not hesitate to contact the Company if You are in any doubt.

INSURING CLAUSE

1. This Policy Jacket, the Policy Schedule, the Table of Benefits and any Endorsement to this Policy shall be read together as one contract (this "Policy").
2. The Terms, Conditions and Exclusions contained in the Policy Schedule shall be read in accordance with and shall not be construed so as to modify, add to or in any way vary the terms, conditions and exclusions contained herein.
3. The Proposal and Declaration is incorporated in and is the basis of this Policy.
4. The Policyholder shall pay the premium specified in the Policy Schedule.
5. The Company shall provide insurance subject to the limits, terms, conditions and exclusions of this Policy in respect of any insured event occurring during the Period of Insurance within the Geographical Area as specified in the Policy Schedule.
6. The due observance and fulfillment of the terms, conditions and endorsements of this Policy relating to anything to be done or not to be done or to be complied with by the Policyholder/Insured Person or any other person claiming to be indemnified; and the truth of the contents and statements in the Proposal and Declaration, shall be conditions precedent to any liability of the Company under this Policy.

1. "Accident" shall mean an event occurring entirely beyond the Policyholder's or Insured Person's control and is caused by violent, external and visible means.
   
   
2. "Chinese Medicine Practitioner" shall mean a practitioner who is registered with the Chinese Medicine Council of Hong Kong according to the "Chinese Medicine Ordinance" Chapter 549 of the Laws of Hong Kong and is legally qualified to practise Chinese medicine in Hong Kong, but excluding a Chinese Medicine Practitioner who is the Policyholder/Insured Person himself/herself, an insurance agent, business partner(s) or employer/employee of the Policyholder/Insured Person or a member of the Policyholder's Familly or the Insured Person's Family.
   
   
3. "Chiropractor" or "Physiotherapist" or "Dentist" shall mean a person duly licensed or registered to practice chiropractic/physiotherapy/dental services by the relevant governing authorities and statutes at the place in which the chiropractic/physiotherapy/dental service is given but excluding a Chiropractor/Physiotherapist/Dentist who is the Policyholder/Insured Person himself/herself, an insurance agent, business partner(s) or employer/employee of the Policyholder/Insured Person or a member of the Policyholder's Family or the Insured Person's Family.
   
   
4. "Disability" shall mean an Illness or an Injury arising from the same pathogenic cause including any and all complications therefrom, up to three hundred and sixty five (365) days following the latest discharge from Hospital, or latest medical consultation, or laboratory test, or completion of prescribed drugs course to that disability. Any subsequent disability from the same pathogenic cause after the said period shall be considered as a new disability.
   
   
5. "Excess" shall mean the first amount of the loss for each and every claim as specified in the Table of Benefits which You must bear as You are not insured for this amount.
   
   
6. "Geographical Area" shall mean the territorial limits of Hong Kong unless otherwise specified in the Policy Schedule.
   
   
7. "Hong Kong" shall mean the Hong Kong Special Administrative Region.
   
   
8. "Hospital" shall mean an establishment duly constituted and registered as a hospital for the care and treatment of sick and injured persons as paying bed-patients, and which
   1. has facilities for diagnosis procedures and major surgery;
   2. provides twenty-four hour nursing services by registered nurses;
   3. is under the supervision of a Physician; and
   4. is not primarily a clinic, a place for alcoholics or drug addicts, a nursing, rest or convalescent home, or rehabilitation centre or home for the aged or similar establishment.
   
   
9. "Illness" or "Disease" or "Sickness" shall mean a condition marked by a pathological deviation from the normal healthy state of a human being.
   
   
10. "Injury" shall mean an abnormal bodily condition arising from an Accident, which solely and independently of any other cause and is not due to any Illness, Disease or Sickness, (i) results in death or Permanent Total Disablement or (ii) necessitates medical and/or surgical treatment, within twelve (12) calendar months of the date of Accident.
    
    
11. "Insured Person" shall mean the named or unnamed domestic helper in the Policy Schedule or any subsequent endorsement who is lawfully employed by the Policyholder and eligible for and covered by the insurance provided in this Policy.
    
    
12. "Insured Person's Family" shall mean the spouse, children or relatives of the Insured Person.
    
    
13. "Loss of Limb" shall mean physical severance of a hand at or above the wrist, a foot at or above the ankle, an arm at or above the elbow or a leg at or above the knee.
    
    
14. "Loss of Sight" shall mean total and permanent loss of sight.
    
    
15. "Medically Necessary" shall mean treatment or services which in the opinion of the Company (as opposed to the Medical Practitioner providing medical services) are appropriate for the care or treatment of the Insured Person and which must
    1. require the medical expertise of a Medical Practitioner;
    2. be consistent with the diagnosis and necessary for the treatment of the condition;
    3. be rendered in accordance with standards of good and prudent medical practice, and not rendered primarily for the convenience or the comfort of the person receiving the treatment or services, his family, caretaker or his Physician; and
    4. be rendered in the most cost-efficient manner and setting appropriate in the circumstances.
    
    
16. "Ordinance" shall mean the "Employees' Compensation Ordinance", Chapter 282 of the Laws of Hong Kong.
    
    
17. "Period of Insurance" shall mean the period of time specified in the Policy Schedule during which this Policy is effective, and You have paid or agreed to pay the premium.
    
    
18. "Permanent Total Disablement" shall mean disablement resulting from an Accident that prevents the Insured Person from attending to his/her normal occupation for a minimum of fifty-two(52) consecutive weeks and is certified at the end of that time by a Physician acceptable to the Company to be a condition beyond any hope of improvement or recovery and will permanently and totally disable the Insured Person from engaging in any gainful occupation.
    
    
19. "Physician" or "Medical Practitioner" shall mean a practitioner of western medicine duly registered at the place where he/she renders medical or surgical services but excluding a Physician/Medical Practitioner who is the Policyholder/Insured Person himself/herself, an insurance agent, business partner(s) or employer/employee of the Policyholder/Insured Person or a member of the Policyholder's Family or the Insured Person's Family.
    
    
20. "Policy Year" shall mean the twelve(12)-month period commencing from the date of inception of this Policy (referred to as "the Inception Date" in this definition) and ending on the day before the first anniversary of the Inception Date or the twelve(12)-month period commencing from the first anniversary of the Inception Date and ending on the day before the second anniversary of the Inception Date and "anniversary" shall mean the date in any subsequent year corresponding to the Inception Date.
    
    
21. "Policyholder" or "You" shall mean the person named as the Policyholder in the Policy Schedule and who is the lawful employer of the Insured Person.
    
    
22. "Policyholder's Family" shall mean your spouse, children or relatives ordinarily residing with You.
    
    
23. "We" or "Us" or "the Company" shall mean Blue Cross (Asia-Pacific) Insurance Limited.

BENEFIT PROVISIONS

1. the Limit of Indemnity shall be such amount which the Company actually receives from the Government of Hong Kong ("the Government") pursuant to an Agreement for Provision of Facility dated 11th January 2002 between the Government and the Company under which the Government agreed to make available to the Company and other direct insurance companies authorized to underwrite employees' compensation insurance business in Hong Kong a facility to enable them to meet claims under employees' compensation insurance policies in respect of death and injury arising out of an event of terrorism ("the Facility Agreement");
   
2. the Company will only be required to make payment after it has received from the Government (i) an approval letter confirming that the Company should settle the claim and (ii) payment under the Facility Agreement; and
   
3. for the avoidance of doubt, the Company shall have no obligation to make payment if for whatever reason it does not receive payment from the Government under the Facility Agreement, whether or not due to the Government's contention that the Loss does not fall within the scope of the Facility Agreement or the Company's breach of the Facility Agreement.

1. repatriation of the Insured Person to his/her country of origin as stipulated in the employment contract signed between the Policyholder and the Insured Person in the event of serious Illness or Injury resulting in his/her being certified by a Medical Practitioner as medically unfit to work provided that such repatriation shall be on a scheduled flight in the economy class and shall include any transportation charges/ambulance charges to and from the airport;
   
2. post-mortem treatment of the Insured Person and transportation of the mortal remains or body ashes to the airport nearest to the place of burial in his/her country of origin.

1. the fraudulent or dishonest act must have been committed during the Period of Insurance;
   
2. the fraudulent or dishonest act must be discovered during the Period of Insurance or within thirty (30) days after the expiry of this Policy; or within thirty (30) days after the death or dismissal of the Insured Person or the expiry of his/her employment contract, whichever is the earliest; and
   
3. the Insured Person must have been duly convicted of an offence by a court of Hong Kong as a result of commission of the fraudulent or dishonest act.

EXCLUSIONS APPLICABLE TO EACH SECTION

1. Nervous or mental disease or disorder, venereal disease, congenital anomalies and deformities, infertility, sterilization, heart disease, cancer, cysts, tumor, or carcinoma.
   
   
2. Rest cure or physical check-ups.
   
   
3. Cosmetic or plastic surgery unless the purpose of such surgery is to correct any Injury which is covered under this Policy.
   
   
4. Vaccinations, immunization, injections or preventive medication.

1. Any routine examination, scaling, polishing or cleaning and crowning.
   
   
2. Cost of any bridges, braces and dentures.
   
   
3. Dental prosthesis involving precious alloy restorations.

1. Any charges, cost or expenses for repatriation or transportation of mortal remains originating outside Hong Kong.

1. Injury occurring outside the rest days of the Insured Person.
   
   
2. Engaging in a sport in a professional capacity or where an Insured Person would or could earn income or remuneration from engaging in such sport.
   
   
3. Flying except as a fare-paying passenger in a fully licensed passenger aircraft.
   
   
4. Climbing or mountaineering necessitating the use of ropes or guides, hang gliding and parachuting.
   
   
5. Racing other than (i) on foot or (ii) swimming.
   
   
6. Diving to a sea-depth of more than thirty (30) metres.

1. Any agreement unless liability would have attached otherwise.
   
   
2. Any ownership, possession or use of any mechanically and/or electrically propelled vehicles and/or accessories, including but not limited to pedal cycles, motorcycles, aircraft and/or watercrafts.
   
   
3. Any ownership, possession of livestock, other domestic animals or living creatures, plants or trees and the like.
   
   
4. Any occurrence that happens at the Policyholder's residence.
   
   
5. Any food and drink poisoning.

GENERAL EXCLUSIONS

1. War and Terrorism Exclusion (including Contamination and Explosives)
   
   1.1 Loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss:
   
   
   1. war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power, nationalization, confiscation, requisition, seizure or destruction by the government, municipal, local or any public authority or
      
   2. any act of terrorism
      For the purpose of this exclusion an "act of terrorism" means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/ or to put the public, or any section of the public, in fear.
   
   1.2 This Policy also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to (a) and/or (b) above.
   Regardless of any contributory causes, this Policy does not cover any loss, damage, cost or expense directly or indirectly arising out of
   
   
   1. biological or chemical contamination; or
      
   2. missiles, bombs, grenades, explosives
   
   due to any act of terrorism.
   
   1.3 For the purpose of 1.2(a), "biological or chemical contamination" means the contamination, poisoning, or prevention and/or limitation of the use of objects due to the effects of chemical and/or biological substances.
   
   1.4 If the Company alleges that by reason of this exclusion, any loss, damage, cost or expense is not covered by this Policy the burden of proving the contrary shall be upon the Policyholder.
   
   1.5 In the event that any part of this exclusion is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
   
   1.6 Exclusions 1.1(b) and 1.2 shall not apply to "Section 1- Employer's Liability" of this Policy.
   
   
2. IT Clarification Clause
   Property damage covered under this Policy shall mean physical damage to the substance of property. Physical damage to the substance of property shall not include damage to data or software, in particular any detrimental change in data, software or computer programs that is caused by a corruption or a deformation of the original structure.
   
   Consequently the following are excluded from this Policy:
   
   
   1. Loss of or damage to data or software, in particular, any detrimental change in data, software or computer programs that is caused by a deletion, a corruption or a deformation of the original structure, and any business interruption losses resulting from such loss or damage. Notwithstanding this exclusion, loss of or damage to data or software which is the direct consequence of physical damage caused by insured perils to the substance of property shall be covered.
      
   2. Loss or damage resulting from an impairment in the function, availability, range of use or accessibility of data, software or computer programs, and any business interruption losses resulting from such loss or damage.
   
   
3. Total Asbestos Exclusion
   Any liability whatsoever in respect of loss or losses directly or indirectly arising out of, resulting in consequence of, contributed to or aggravated by asbestos in whatever form or quantity.
   
   
4. Intentional self-inflicted Injury or suicide (whether felonious or not) or any attempt thereof while sane or insane.
   
   
5. Childbirth, pregnancy, miscarriage, abortion and all complications in connection therewith notwithstanding that such events may have been accelerated or induced by an Accident.
   
   
6. Intoxication by alcohol, narcotics or drugs not prescribed by a Medical Practitioner and treatment in connection with addiction to drugs or alcohol.
   
   
7. Acquired Immune Deficiency Syndrome (AIDS) or AIDS Related Complex (ARC), howsoever this syndrome has been acquired or may be named.
   
   
8. Pre-existing Injury Illness Sickness or Disease of the Insured Person prior to inception of the Insured Person's insurance under this Policy. For the purpose of Outpatient Benefit, Hospital and Surgical Benefit, Loss of Service Cash Allowances and Dental Benefit, no sums shall be payable for Injury, Illness Sickness or Disease sustained prior to inception of the Insured Person's insurance and as a result of which medical treatment was received within three (3) consecutive months immediately before inception of the Insured Person's insurance. Provided that if no medical treatment is rendered for such Injury, Illness Sickness or Disease within three (3) consecutive months immediately after inception of the Insured Person's insurance, the benefits aforesaid shall upon the expiration of three (3) consecutive months after inception of the Insured Person's insurance be covered under this Policy.
   
   
9. All medical expenses incurred, whether inside or outside the Geographical Area, in relation to Injury sustained or Illness Sickness or Disease contracted outside the Geographical Area.
   
   
10. All medical expenses incurred outside the Geographical Area.
    
    
11. Injury, death, damage or loss directly or indirectly caused by or contributed to by or arising from any unlawful or illegal act of the Policyholder, members of the Policyholder's Family and/or the Insured Person. (Notwithstanding anything to the contrary in this Policy, this exclusion 11 so far as it relates to the unlawful or illegal act of the Insured Person only is not applicable to Section 9 of this Policy.)
    

GENERAL CONDITIONS

1. Cancellation of Policy
   1. The Company may cancel this Policy by giving seven (7)day's written notice by registered letter to You at your last known address provided that the Company shall in that event return to You the unearned portion of premium on a pro-rata basis.
      
   2. This Policy may be cancelled at any time by You upon seven (7) day's written notice to the Company and provided that no claim has been made during the current Period of Insurance, the premium payable shall be adjusted on the basis that the Company shall retain the customary short-term premium in accordance with the following table and the balance will be refunded to You:
      
      SHORT PERIOD RATE TABLE
      
      

   Policy period not exceeding	Premium to be charged
   1 month	10% of annual premium
   2 months	20% of annual premium
   3 months	30% of annual premium
   4 months	40% of annual premium
   5 months	50% of annual premium
   6 months	60% of annual premium
   7 months	70% of annual premium
   8 months	80% of annual premium
   9 months	90% of annual premium
   10 months or above	Full annual premium

   
   The premium to be charged as listed in the table above is subject to the Minimum Premium as stipulated in the Policy Schedule. For 2-year coverage policies, (i) if cancellation shall take place in the 1st Policy Year, in addition to the balance of the 1st year premium refundable which is to be calculated in accordance with the above table, the 2nd year premium paid will also be fully refunded and in such cases reference to annual premium shall mean the 1st year premium paid; and (ii) if cancellation shall take place in the 2nd Policy Year, the balance of the 2nd year premium refundable is to be calculated in accordance with the above table and reference to annual premium shall mean the 2nd year premium paid.
   
   
2. Misrepresentation and Non-Disclosure
   If the Proposal or Declaration or any part thereof is untrue, inaccurate or omitted in any material way thereby affecting the risk of this Policy or if any renewal thereof is obtained through any misstatement, misrepresentation or suppression or if any claim made shall be fraudulent or exaggerated or if any false declaration or statement shall be made in support thereof then in any of these cases this Policy shall be void.
   
   
3. Loss Prevention
   The Policyholder shall take all reasonable precautions to prevent Accidents and contraction of Disease and shall comply with all statutory obligations.
   
   
4. Renewal Procedure
   Where applicable, before renewing this Policy the Policyholder shall give written notice to the Company of any material fact affecting this Policy which has come to the Policyholder's notice during the preceding Period of Insurance including notice of any Disease, physical or mental defect or infirmity affecting the Insured Person.
   
   
5. Policy Not Assignable
   This Policy is not assignable and the Company shall not be affected by notice of any trust charge lien assignment or other dealing with this Policy.
   
   
6. Claims Conditions
   1. When an accident occurs or there is a reasonable ground to believe that any occurrence is likely to give rise to a claim under this Policy, You must advise Us in writing within thirty (30) days from the date of accident or date of discovery of the occurrence. You are required to cooperate with Us to provide information for investigation.
      
      You must, at your own expenses, furnish Us with the loss circumstances in writing, all certified information and evidence as the Company may request. All claims shall be supported with documentary proof to the satisfaction of the Company.
      
      In case of any event pertaining to any Accident to the Insured Person, third party liability or infidelity, You must report the loss to the police, building management office and/or any other relevant authorities and Us immediately and in any event not later than twenty-four (24) hours after the above loss occurrence.
      
      
      1. For employer's liability claim, You must:
         
         
         1. comply with the Ordinance to complete and give "Notice by Employer of the Death of an Employee or of an Accident to an Employee resulting in Death or Incapacity" to the Labour Department within the prescribed time limit;
            
         2. give Us one copy of the above Notice at the same time;
            
         3. furnish Us with all original medical receipts whereas one copy should be forwarded to the Labour Department and the other copy should be kept by You;
            
         4. submit to Us all original documents and correspondences pertaining to the claim and certificates of assessment issued by the Employees' Compensation (Ordinary / Special Assessment) Board of the Labour Department.
         
         
      2. For third party liability claims, You must:
         
         
         1. notify Us of the possible claim in writing pertaining to the nature of loss and circumstances of the incident;
            
         2. furnish Us with any letter, claim, writ, summons, court documents, court orders or decree, correspondence exchanged between legal representatives, letters of demand;
            
         3. advise Us immediately when You have knowledge of any impending prosecution inquest or inquiry;
            
         4. not to make any admission, offer or promise of payment or payment without our written consent and the Company shall be entitled if the Company does so desire to take over and conduct in your name the defence or settlement or handling of any claim and You shall give all such information and assistance as the Company may require.
         
         
      3. For personal accident claims, You must:
         
         
         1. send Us examination reports issued by Medical Practitioners giving details on the nature of Injury and the extent and period of disability;
            
         2. submit the police reports where relevant and if death shall have resulted, a copy of the death certificate and the relevant coroner's findings of the death inquest;
            
         3. assist Us to make a post-mortem examination of the dead body in the case of death where any reasonable doubt exists as to the cause thereof.
         
         
      4. For infidelity claims, You must:
         
         
         1. report any act of fraud or dishonesty to the police within twenty-four (24) hours upon discovery;
            
         2. furnish Us with documentary proof on the prosecution and conviction of the Insured Person;
            
         3. deduct any monies due to the Insured Person when You report the claim;
            
         4. substantiate your financial loss sustained as a direct result of fraud or dishonest act committed by the Insured Person.
      
      
      
   2. If any claim under this Policy shall be in any respect fraudulent or exaggerated or if any fraudulent means or devices shall be used by the Policyholder, the Insured Person or anyone acting on the Policyholder's/Insured Person's behalf to obtain benefit under this Policy, the Company shall be under no liability in respect of such claim.
      
      
   3. The Company is entitled to take over and conduct the defence or settlement or handling of any claim or to decline any claim if there has been a breach of any terms and conditions of this Policy.
      
      
   4. Incomplete claim forms will be returned to the Policyholder and any insufficiency of supporting information or documentation will induce delays in processing the claim.
      
      
   5. The Company shall not accept liability for any claim if the required information is not received within thirty (30) days from the issue date of any written request from the Company for such further information, and the claim is thereafter deemed to be abandoned.
      
      
   6. All payments made are repayable to the Company upon demand in the event that the Policyholder becomes disqualified or is found not to be entitled to indemnity under this Policy due to any breach or violation of the terms and conditions of this Policy, which the Company is or may not be aware of at the time of payment.
   
   
7. Proof of Loss
   It is a condition precedent to any liability of the Company under this Policy that the Policyholder shall at his/her own expense furnish to the Company such certificate information and evidence as the Company may from time to time reasonably require in the form and of the nature described by the Company, and that the Insured Person shall submit himself/herself for medical examination from time to time or in the case of death upon reasonable notice to the Insured Person's legal personal representative to have a post-mortem examination of the body. An official death certificate shall be sufficient evidence to establish the death of a person.
   
   
8. Arbitration
   All differences arising out of this Policy shall be first determined by arbitration in accordance with the " Arbitration Ordinance", Chapter 341 of the Laws of Hong Kong. If the parties fail to agree upon the choice of arbitrators, then the choice shall be referred to the Chairman for the time being of the Hong Kong International Arbitration Center. It shall be a condition precedent to any right of action or suit upon this Policy that an arbitration award shall be first obtained. If the Company shall disclaim liability to the Policyholder for any claim and such claim shall not within twelve months from the date of such disclaimer have been referred to arbitration under the provisions herein then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder.
   
   
9. Jurisdiction Clause
   The indemnity provided by this Policy shall not apply in respect of judgments which are not in the first instance delivered by or obtained from a court of competent jurisdiction within Hong Kong nor to orders obtained in any Hong Kong court for the enforcement of judgments made outside Hong Kong whether by way of reciprocal agreement or otherwise.
   
   
10. Avoidance of Certain Terms and Rights of Recovery
    If the Company is obliged by the Ordinance to pay an amount for which the Company would not otherwise be liable under this Policy the Policyholder shall repay such amount to the Company.
    
    
11. Non-Contribution
    This Policy is not to be called upon in contribution and is only to pay any loss thereon if and so far as not recoverable under any other insurance.
    
    
12. Subrogation
    The Policyholder shall at the request and at the expense of the Company do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the Company for the purpose of enforcing any rights and remedies or of obtaining relief or indemnity from any other parties, to which the Company shall be or would become entitled or subrogated upon its paying or making good any damage under this Policy, whether such acts and things shall be or become necessary or required before or after indemnification by the Company.
    
    
13. Change of Risks
    The Policyholder shall give immediate written notice to the Company of any material fact affecting this Policy which has come to the Policyholder's notice during the Period of Insurance including notice of any disease physical or mental defect or infirmity affecting the Insured Person and the Insured Person having reached her sixty-sixth (66th) birthday.
    
    
14. Change in Insured Person
    In the event of any change in the identity of the Insured Person during the Period of Insurance, the same benefits less any amount already paid in respect of loss or damage sustained by the existing Insured Person shall be enjoyed by any new Insured Person replacing an existing Insured Person named in the Policy Schedule or any subsequent endorsement.
    
    
15. Plan Downgrade and Upgrade (not applicable to Plan A)
    If the Policyholder gives a seven (7)-day notice in writing to the Company, in a form prescribed by the Company, to change the plan type of this Policy, subject to the Company's approval such changes shall become effective on the Policy Anniversary date immediately following the date of the Company's receipt of the relevant notice, unless no claim whatsoever under this Policy has arisen during the current Period of Insurance, in which event such changes shall become effective on a date to be determined and notified by the Company. The additional premium payable or the premium refundable, if any, shall be calculated on a pro-rata basis.