HONG KONG
LEGAL REPORT
THE PNEUMOCONIOSIS (COMPENSATION) ORDINANCE 1980
(No. 51 of 1980)
Enclosure No. 2
This Ordinance introduces a scheme of statutory compensation for persons suffering from pneumoconiosis and for dependants of persons who die from the disease. The compensation levels are the same as those recently prescribed by the Employees Compensation Ordinance previously known as the Workmen's Compensation Ordinance and many of the provisions of the Ordinance are also based on the Employees Compensation Ordinance.
2. The Workmen's Compensation (Amendment)(No. 2) Ordinance 1978, which is repealed by the Ordinance, sought to establish a pneumoconiosis compensation scheme but was never implemented because of over-riding practical difficulties.
3. The Ordinance seeks to compensate pneumoconiotic sufferers and dependants of those who die of pneumoconiosis whether or not those persons who contracted the disease were or are employed or self-employed. A five year residential period in Hong Kong is generally specified as a prerequisite to entitlement to compensation.
4. The right of sufferers of the disease or their personal representatives to bring actions for common law damages is preserved by the Ordinance subject to set-off and subrogation principles.
5. Compensation will be funded by a levy on the two principal industries whose dusty working conditions produce the greatest numbers of sufferers from the disease namely the construction and quarry industries. As the Government itself operates some quarries the Government (being bound by the Ordinance) will contribute to the compensation fund. There is power to prescribe other industries for levy purposes.
6. Those persons suffering from pneumoconiosis prior to the commencement of the Ordinance or dependants of deceased sufferers in such circumstances will be compensated by the Government on an ex gratia basis.
7. Before the Acting Governor assented to the Bill in the name and on behalf of Her Majesty, the Attorney General advised that he could properly do so.
J.7. Mathews
Law Draftsman (Acting).
28
July,
1980.
ATTORNEY GENERAL'S CHAMBERS,
HONG KONG.