CAP. 360]
[Subsidiary]
Ln1142/88.
LN 42/89
Pneumoconiosis (Compensation) (Computation of Earnings) Regulations
[1980 Ed.
it is impracticable to compute the rate of remuneration of such person at the date of the incapacity, regard may be had to the average monthly amount which, during the 12 months previous to the date of the incapacity, was being earned by a person of similar earning capacity in the same grade employed at the same work by the same employer, or, if there is no person so employed, by a person of similar earning capacity in the same grade employed in the same class of employment and in the same district.
(3) Where a person-
(a) is carrying on a trade, business or profession; or
(b) is not employed in any employment, or is not carrying
on any trade, business or profession,
at the date of incapacity, his monthly earnings shall be deemed to be the overall daily wages earned during the calendar month immediately preceding such date by persons or classes of persons engaged in Government building and construction works multiplied by 26.
(4) For the purposes of paragraph (3) the overall average daily wages shall be ascertained from monthly surveys compiled by the Commissioner for Census and Statistics and the persons or classes of persons engaged in Government building and construction works shall be as specified from time to time by the Commissioner for Census and Statistics.
(5) Except for paragraph (3), where a person was, at the date of the incapacity, under the age of 18 years his earnings shall, for the purposes of assessing compensation payable in the case of permanent incapacity, be deemed to be such amount as, if the incapacity had not occurred, he would probably have received upon attaining the age of 18 years, or at the end of a period of 5 years after the incapacity, whichever calculation is more favourable to the person.
(6) Where a person was, at the date of the incapacity, employed under a contract of apprenticeship his earnings shall, for the purposes of assessing compensation payable in the case of permanent incapacity, be deemed to be such amount as, if the incapacity had not occurred, he would probably have received upon the completion of his contract of apprenticeship.
(7) Where the earnings of a person calculated under any of the provisions of this regulation amount to less than $100 per month, the earnings of such person shall, for the purposes of the Ordinance, be deemed to be $100 per month.
400 1,040
(8) For the purposes of paragraphs (1) and (2), employment by the same employer shall be taken to mean employment by the same employer in the grade in which the person was employed at