First Schedule,
2
specified in the First Schedule hereto, whether by way of manual Inbour, clerical work, or otherwise, and whether the contract is expressed or implied, is ural or in writing:
Provided that the following persons are excepted from the definition of "workman"-
(a) any person employed otherwise than by way of manual labour whose average carnings at the time of the accident calculated in accordance with the provisions of section 10 exceed seven hundred dollars per month; or
(b) any person whose employment is of a casual nature, and who is employed otherwise than for the purposes of the cmmployer's trade or business, not being a person employed for the purposes of any game or recreation and engaged or paid through a club; or
(e) an outworker; or
(d) a member of the employer's family dwelling in his
house: or
(e) domestic servants employed in or about the affairs of a private household whether such servants reside with the household or otherwise; or
(/) any class of persons whom the Governor in Council may by order declare not to be workmen for the purposes of this Ordinance.
(2) I, in any proceedings for the recovery of compensation under this Ordinance, it appears to the Court that the contract of service or apprenticeship under which the injured person was working, at the time when the accident causing the injury hap- pened, was illegal, the Court may, if having regard to all the circumstances of the case it thinks proper so to do, deal with the matter as if the injured person had at the time aforesaid been a person working under a valid contract of service or apprenticeship.
(3) Save for the purposes of section 16 or where the context otherwise requires, any reference to a workman who has been injured shall, where the workman 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 workman.
3, In this Ordinance, unless the context otherwise requires
“Commissioner of Labour" includes the Deputy Commissioner of Labour and any labour officer appointed in that behalf in writing by the Commissioner of Labour;
"compensation" means compensation as provided by this Ordin-
ance;
"Court" means the District Court of Hong Kong established
under the District Courts Ordinance. 1953:
"dependants" means those members of the family of a workman who were wholly or in part dependent upon his earnings at the time of his death, or would but for the incapacity due to the accident have been so dependent, and, where the workman, being the parent or grandparent of an illegitimate child, leaves such child so dependent upon his earnings, or being an illegitimate child, leaves a parent or grandparent s0 dependent upon his earnings, shall include such an illegiti- mate child or parent or grandparent respectively :
Provided that a person shall not be deemed to be n partial dependant of another person unless he was dependant partially on contributions from that other person for the provision of the ordinary necessaries of life suitable for persons in his class and position :
And provided further that where on application being made by a woman in accordance with rules made under this Ordinance the Court is satisfied dat-
(a) such woman and the deconsed were living together
as man and wife at the time of the accident; and
(b) such woman was wholly or partially dependent on the earnings of the durensed at the time of his death or would but for the incapacity due to the accident have been so dependent,
the Court may, in its absolute discretion, order that such woman be deemed to be a dependant for the purposes of this Ordinance;
Interpreta
fot.
(1 of 1953),