1986 Ed.]
Pneumoconiosis (Compensation)
[CAP. 360
7
(e) to a person in the civil employment of Her Majesty, otherwise than in Her Government of Hong Kong, who has been engaged in a place outside Hong Kong.
(4) Notwithstanding subsection (1), compensation shall be payable to a person or his dependants, as the case may be, who, prior to the date of incapacity or death, was resident in Hong Kong for less than 5 years if such person or any of his dependants proves to the satisfaction of the Commissioner that he contracted pneumoconiosis in Hong Kong which resulted in the incapacity or death.
(5) For the purposes of subsection (1), residence in Hong Kong for 5 years or more may be proved-
(a) by the production to the Commissioner of the identity card issued under the Registration of Persons Ordinance to the person in question; and
(b) by the production of such other evidence as may be required by the Commissioner.
5. (1) Subject to subsections (2) and (3) and the First Schedule, where a person dies as a result of pneumoconiosis and leaves any dependants wholly dependent on his earnings, the amount of compensation shall be in accordance with Part I of the First Schedule.
(2) Subject to subsection (3), where a person, who has been paid compensation on first assessment in accordance with section 9(1)(a), dies as a result of pneumoconiosis before he is paid compensation on second assessment in accordance with that section and leaves any dependants wholly dependent on his earnings, the amount of compensation shall be a sum which would have been paid in accordance with subsection (1) had he died on the date of such first assessment less the amount of compensation paid on the first assessment and increased by such amount as the Commissioner considers appropriate to ensure that the amount of compensation has retained its value in relation to the general level of prices prevailing in Hong Kong.
(3) Where compensation has been paid to a person referred to in subsection (1) or (2) under section 6 there shall be deducted from the sum payable under subsection (1) or (2) any sums so paid as compensation.
(4) Where a person referred to in subsection (1) or (2) does not leave any dependants wholly dependent on his earnings, but leaves any dependants in part so dependent, the amount of compensation shall be such sum, not exceeding in any case the amount payable under subsection (1) or (2), as may be assessed by the Commissioner to be reasonable having regard to the extent of the dependence of such dependants.
(Cap. 177.)
Compensation for death.
First Schedule.
First Schedule, Part I.