QUESTION 6
CONFIDENTIAL
11. THE HIGHEST AMOUNT AWARDED IN COMPENSATION FOLLOWING A FATAL INDUSTRIAL ACCIDENT WAS DOLLARS 60,000 (ABOUT £7,500). THIS IS THE MAXIMUM LAID DOWN IN THE WORKMEN'S COMPENSATION ORDINANCE,
CAP. 282.
12. THE LOWEST AMOUNT AWARDED IN 1975 WAS DOLLARS 6,000 (£75%).
IN THIS CASE, THE DEGREE OF DEPENDENCY WAS LOW BECAUSE THE FAMILY
OF THE DECEASED INCLUDING HIS WIFE AND CHILDREN LIVED IN CHINA AND WERE ONLY PARTIALLY DEPENDENT ON THE DECEASED.
13. THE LOWEST AMOUNT AWARDED IN 1976 WAS DOLLARS 5,0 (£625).
IN THIS CASE, THE DECEASED PERSON DIED OF NATURAL CAUSE AND THERE WAS NO STRICT LIABILITY. THE EMPLOYER, HOWEVER, AGREED TO GIVE THE DEPENDANTS DOLLARS 5,000 AND APPLIED TO THE COURT TO MAKE THE AWARD AND ORDER OF THE COURT.
14. THE AVERAGE AMOUNT AWARDED IN 1975 WAS DOLLARS 38,348
24,794) AND THE AVERAGE AMOUNT AWARDED IN 1976 WAS DOLLARS 43,053 (25,382).
15. WHERE ANY INJURY IS CAUSED TO A WORKMAN BY THE NEGLIGENCE OR
OTHER WRONGFUL ACT OF THE EMPLOYER, THE WORKMAN IS ALSO ENTITLED TO CLAIM CIVIL DAMAGES, INDEPENDENTLY OF THE WORKMEN'S COMPENSATION ORDINANCE. HOWEVER, ANY DAMAGES SO AWARDED MUST BE
REDUCED BY THE VALUE OF ANY COMPENSATION PAID UNDER THE
ORDINANCE.
(ASSUMING £1 DOLLARS HK 8.00)
MACLEHOSE
#
FILE S
HK&GD
PARLI UNIT
OLA
PS/LORD GORONWY ROBERTS
MR.CORTAZZI
MK.MURRAY
COPIES TO:
MR.KIDD, HK GOVERNMENT OFFICE.
RUTAL
CONSTRUPSTAI