6
ON
Application to the Crown.
CAP. 360]
Pneumoconiosis (Compensation)
[1986 Ed.
assessed under or in accordance with regulations made under section 47.
(2) Save where the context otherwise requires, any reference to a person who contracts pneumoconiosis shall, where the person is dead, include a reference to his legal personal representative, or to his dependants or any of them or the Official Administrator or such other officer as the Governor may appoint to act on behalf of the dependants of the person.
3. This Ordinance shall be binding on the Crown.
Entitlement to compensation.
PART II
COMPENSATION
4. (1) Subject to subsections (2), (3) and (4) and except where otherwise provided, compensation shall be payable to any person resident in Hong Kong for 5 years or more (whether before or after the commencement of this Part) in respect of any total or partial incapacity, whether of a permanent or temporary nature, resulting from pneumoconiosis; and where any such person dies as a result of pneumoconiosis, compensation shall be payable to his dependants.
(2) Compensation shall be payable under subsection (1) only where the date of incapacity or date of death occurs on or after the date of commencement of this Part.
(3) No compensation shall be payable-
(a) where ex gratia compensation has been or will be paid by the Government for any incapacity or death resulting from pneumoconiosis diagnosed before the date of commencement of this Part;
(b) to a person in respect of incapacity, other than incapacity of a permanent nature, which does not incapacitate the person for a period exceeding 3 consecutive days from earning full wages or salary at the work at which he was employed;
(c) to a person in the service of or formerly in the service of the Government who, in consequence of incapacity resulting from pneumoconiosis contracted in the discharge of his duties, is paid pension or gratuity which would not be payable if such incapacity were contracted otherwise than in the discharge of his duties, or in the case of his death, where such pension or gratuity is paid to his dependants, under any Ordinance or regulation providing for the grant of such pension or gratuity;
(d) to members of the armed forces of the Crown;