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Ord. No. 51/80
PNEUMOCONIOSIS (COMPENSATION)
(b) when the permanent incapacity of the person is determined under
section 24(1);
(c) after a period of 24 months from the date of the temporary
incapacity; or
(d) when the person dies,
whichever is the earlier.
9. Where a person in respect of periodical payments under this Part intends to leave Hong Kong for the purpose of residing elsewhere, he shall give notice of such intention to the Board which shall redeem such periodical payments and determine the amount to be paid:
Provided that any lump sum so paid together with the periodical payments already made to the person shall not exceed the lump sum which would be payable in respect of the same degree of incapacity under section 6, if the incapacity were permanent.
10. If a person in respect of periodical payments under this Part leaves Hong Kong for the purpose of residing elsewhere without giving notice in accordance with paragraph 9, he shall not be entitled to any compensation or other benefits under this Ordinance during or in respect of the period of his absence.
11. If the period of such absence shall exceed 3 months, the person shall cease to be entitled to any such compensation or benefits.
1.
PART IV
Compensation for Constant Attention
Compensation for constant attention shall either be---
(a) a lump sum payment calculated with regard to the probable
duration and cost of the constant attention; or
(b) periodical payments, payable at such intervals as the Commis- sioner may think fit, to cover periods not exceeding a total of 2 years after the date on which the person becomes entitled to receive compensation under section 6.
2.
If on the expiry of the period of 2 years prescribed in paragraph (1)(b) the Commissioner considers that the person is still in need of constant attention, compensation shall be such lump sum payment, as the Commissioner may think fit, calculated with regard to the probable duration and cost of the constant attention.
3. No compensation under this Part shall be payable in respect of any period during which the person is receiving free medical treatment as an in-patient in a hospital or otherwise.
4.
Compensation under this Part shall not exceed $77,000.
SECOND SCHEDULE
[ss. 12(3) & 40.]
MEDICAL EXPENSES PAYABLE UNDER SECTION 12 Subject to paragraph 3, where a person is given medical treatment as an in-patient in a hospital, the medical expenses payable are-
1.
(a) the total amount of the medical expenses incurred in respect of
the medical treatment; or
PNEUMOCONIOSIS (COMPENSATION)
Ord. No. 51/80
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(b) the total amount at the rate of $20 for each day of stay in the
hospital,
whichever total amount is the less.
2.
Subject to paragraph 3, where a person is given medical treatment other than as an in-patient in a hospital, the medical expenses payable are- (a) the total amount of the medical expenses incurred in respect of
the medical treatment; or
(b) the total amount at the rate of $10 for each day on which medical
treatment is given,
whichever total amount is the less.
3.
Where a person is given medical treatment on any day both as an in-patient in a hospital and other than as an in-patient in a hospital, the daily rate for the purposes of this Schedule shall be $20.
THIRD SCHEDULE
PNEUMOCONIOSIS COMPENSATION FUND BOARD
[s. 25.]
1. The Board shall be a body corporate with perpetual succession Incorporation and capable of suing and being sued.
and states.
2. The Board shall not act or be treated as the servant or agent of Status of the Crown.
Board.
3. (1) The Board shall have a common seal, the affixing of which Seal. shall be authenticated by the signature of any 2 members.
(2) Any document purporting to be a document duly executed under the seal of the Board shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed,
4. (1) A member of the Board who is not a public officer shall, Tenure of unless his appointment is terminated or otherwise ceases, hold office for members. such period as the Governor may specify.
(2) On the expiry of his period of appointment or re-appointment, any member to whom sub-paragraph (1) applies shall be eligible for re- appointment for such further term as the Governor may specify.
(3) Any member to whom sub-paragraph (1) applies may at any time resign from office by giving notice in writing to the Governor, and he shall cease to be a member from the date specified in the notice or, if no date is specified, from the date of the receipt by the Governor of the notice.
(4) If any member of the Board, other than the chairman, is absent from Hong Kong or is for any other reason unable to exercise the powers or perform the duties of his office as member, the Governor may appoint another person to be a temporary member in his place during his absence or incapacity.
5. (1) The Governor shall appoint a member to be chairman of Chairman, the Board.
(2) If the chairman is absent from Hong Kong or is for any other reason unable to act as chairman, the Governor may appoint another member to be chairman in his place during his absence or incapacity.