Meetings and proceedings of the Board.
Transaction of business by circulation of papers.
Committees.
Appointment of employees and conditions of employment.
Staff benefits.
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6. (1) Meetings of the Board shall be held at such times and places as the chairman may appoint.
(2) A quorum shall be 5 members.
(3) At any meeting of the Board the chairman shall preside.
(4) If the chairman is absent from any meeting of the Board, the members present at the meeting shall elect one of their number to act as chairman in his place.
(5) The chairman or the member acting in his place shall have a deliberative vote on all matters coming before the Board and in the case of an equality of votes he shall also have a casting vote.
(6) If a member has a pecuniary interest in any matter to be considered at a meeting of the Board and is present at such meeting, he shall as soon as practicable after the commencement of the meeting disclose to the Board the fact and nature of the interest.
(7) Such member shall, if so required by the meeting, withdraw from the meeting while the Board is considering the matter and in any case shall not vote thereon.
(8) Subject to this Schedule, the Board may determine its own procedure at meetings.
7. The Board may transact any of its business by the circulation of papers, and a resolution in writing which is approved in writing by a majority of the members shall be valid and effectual as if it had been passed at a meeting of the Board by the votes of its members so approving the resolution.
8. (1) Subject to sub-paragraph (2), the Board may appoint com- mittees for the better discharge of its functions under this Ordinance.
(2) The Board shall appoint a committee, comprising 3. members of the Board, for the purpose of the determination of any objection under regulation 12 of the Pneumoconiosis (Compensation) (Assessment of Levy) Regulations.
(3) The Board may in writing delegate to any committee appointed under sub-paragraph (1) or (2) or to any employee any of its powers and functions:
Provided that no delegation under this sub-paragraph shall preclude the Board from exercising or performing at any time any power or function so delegated.
(4) Each committee may determine its own procedure at meetings.
9. The Board may appoint such employees as it thinks fit and determine all matters relating to their remuneration and terms and condi- tions of appointment or employment.
10. (1) The Board may-
(a) grant, or make provision for the grant of, pensions, gratuities and
retirement benefits, to its employees;
(b) provide other benefits for the welfare of its employees and their
dependants;
(c) make payments, whether ex gratia or legally due, to the legal personal representative of a deceased employee or to any person who was dependent on such employee at his death.
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(2) The Board may establish, manage and control or enter into an arrangement with any company or association for the establishment, management and control by such company or association either alone or jointly with the Board of any fund or scheme for the purpose of providing for the pensions, gratuities, benefits and payments referred to in sub- paragraph (1).
(3) The Board may make contribution to any fund or scheme referred to in sub-paragraph (1) and may require its employees to make contribu- tions thereto.
(4) In this paragraph "employees" includes any class of employee which the Board may specify and in sub-paragraph (1) includes former employees.
Explanatory Memorandum
This Bill establishes a scheme for compensating persons for incapacity resulting from pneumoconiosis and for compensating the dependants of persons who die from pneumoconiosis. The compensation, which is to be on the same scale as workmen's compensation, is to be paid from a Pneumoconiosis Compensation Fund, which is to be financed by levies on the construction and quarry industries. The Fund will be administered by a Board (the Fund Board). The scheme will replace that proposed under the Workmen's Compensation (Amendment) (No. 2) Ordin- ance 1978.
2. Part I of the Bill contains preliminary matters. Clause 1 enables the various provisions of the Bill to be brought into operation on different dates. Clause 2 contains definitions. Clause 3 provides for the Crown to be bound by the Bill. One effect of this will be to require the Crown to pay levies to the Pneumoconiosis Compensation Fund.
3. Part II deals with the entitlement to compensation, the amounts of compensation and common law damages. Clause provides that com- pensation is payable for incapacity or death from pneumoconiosis occurring after the date of commencement of the Bill in respect of persons who have been resident in Hong Kong for 5 or more years. Persons who contracted pneumoconiosis before the commencement of the Bill will receive ex gratia compensation from the Government. Clauses 5 to 10 and the First Schedule deal with the amount of compensation payable for death, total or partial permanent incapacity and temporary incapacity resulting from pneumoconiosis. Compensation for permanent partial in- capacity can be paid, at the option of the claimant, in a lump sum or in two instalments. Clause 11 provides for compensation where a person suffering permanent total incapacity requires constant attention," while clause 12 and the Second Schedule provide for the payment of medical expenses.
4.
Clause 13 preserves common law rights to damages for incapacity or death from pneumoconiosis. Where damages have been paid or arc payable, the amount thereof, interest thereon and the costs will be borne by the Pneumoconiosis Compensation Fund. However, the Fund will not be liable unless the person from whom damages are claimed has notified the Fund Board of the claim and taken all reasonable steps to assist the Board to investigate the claim. The Fund will also not be liable if the person from whom damages are claimed has, without the Fund Board's consent, admitted liability. Where the damages are recovered from or paid by the Fund, the Board will be subrogated to the rights and remedies of the person liable to pay the damages. In assessing damages, account is to be taken of compensation paid or payable under the Bill.
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