1986 Ed.]
Pneumoconiosis (Compensation)
[CAP. 360
11
(b) shall be evidence of the amount of the medical expenses
payable under this Ordinance.
13. (1) Nothing in this Ordinance shall diminish or extinguish any right to damages enforceable at common law for incapacity or death resulting from pneumoconiosis.
(2) Subject to subsection (4), where any person has paid damages for death or disability resulting from pneumoconiosis pursuant to a judgment of any court in Hong Kong, he shall be entitled to recover from the Fund the amount of such damages and interest thereon together with the amount of any costs ordered by the court to be paid by that person.
(3) Subject to subsection (4), where any person is liable to pay damages or interest in the circumstances described in subsection (2), at any time before the damages or interest are paid, the person entitled to the damages or the person liable to pay them may apply to the Board for the amount of such damages, interest and costs to be paid from the Fund to the person entitled to the damages in satisfaction of the judgment.
(4) Notwithstanding subsections (2) and (3), where a claim is made against any person for damages for incapacity or death resulting from pneumoconiosis, the Fund shall not be liable to pay such damages or any costs-
(a) unless the person claimed against has, within 30 days of the receipt of the claim, given written notice thereof to the Board;
(b) unless the person claimed against takes all reasonable steps
to assist the Board to investigate the claim;
(c) if the person claimed against has, without the written consent of the Board, made any admission of liability or offered or promised to pay any damages or costs.
(5) Where any claim is made against any person for damages for incapacity or death resulting from pneumoconiosis, then, subject to subsection (4), the Board may take over and conduct in the name of that person the defence or settlement of the claim and settle the claim on his behalf.
(6) Where any damages, interest or costs have been paid by or recovered from the Fund under subsection (2), (3) or (5), the Board shall be subrogated to all such rights and remedies that the person who has paid, or who was liable to pay, damages, may have against any other person in respect of the liability for such damages; and the Board shall be entitled to enforce such rights and remedies in the name of the Board.
(7) In assessing damages to be paid for death or disability resulting from pneumoconiosis, the court shall take into account any compensation that has been paid or is payable.
Common law damages.