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now, to decline to accept rates they consider unreasonable and to choose to accept the risks themselves.
32. There is, moreover, evidence of delay in the settlement of workmen's compensation claims, mainly occasioned by insurance companies and it has been suggested that to counter this the Workmen's Compensation Ordinance should be amended to penalise delays in the payment of compensation. Discussions with the insurance companies might first be undertaken to establish whether or not the procedures can be speeded up - or interim payments made where procedural delays are inevitable. The difficulty about a penalty for late payment is that cases may be delayed because of court proceedings or the preparation of disputed cases for the courts. The Labour Tribunal may in time provide a quicker and more efficacious method of resolving workmen's compensation cases than the ordinary courts.
Industrial Diseases
33. The increasing complexity and sophistication of Hong Kong's industry continually extends the range of processes that may give rise to occupational risks to health. The Senior Industrial Heal Officer in the Department of Labour therefore occupies, with his staff, a key position. Quite apart from those processes already known to carry occupational risks, new risks are constantly appearing (for example with regard to chemicals used in rubber manufacture). This calls for a degree of specialisation on the part of the Industrial Health Officer that would seem difficult to attain under existing arrangements whereby officers are posted from the Medical Department for varying periods of service with the Department of Labour and then returned to the main stream of the Medical Service. If it is not possible for an officer to be permanently placed on the establishment of the Department of Labour and this may be difficult in view of the lack of promotion prospects perhaps the best course would be to create an established specialist post within the Department of Labour and to recruit a medical officer of suitable experience and qualifications. Continuity in this key post could make a valuable contribution to the Department's efforts to improve the safety, health and welfare of workers in industrial establishments.
34.
It is the intention to include asbestosis and silicosis in the schedule of occupational diseases and the Department of Labour is seeking to work out in co-operation with the Department of Social Welfare, a solution to the problem of existing identified cases who have no legal entitlement to workmen's compensation benefit. (There are believed to be about 100 such cases).
The Labour Tribunal
35. The Labour Tribunal Ordinance was brought into operation on 1 March 1973 and has proved outstandingly successful. Within
6 months no less than 563 claims were made and it would seem likely that the total number of cases in the first year of operation will top 1,000. A second Presiding Officer has therefore been appointed. The Tribunal undoubtedly fills a real nced in facilitating the settlement of claims by workers inexpensively and quickly.
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