(Cap. 317.)
(Ca 1657)
"construction works" has the meaning assigned to it in section 2(2) of the
Industrial Training (Construction Industry) Ordinance; "contractor" bas the meaning assigned to it in section 201) of the Industrial
Training (Construction Industry) Ordinance;
"Court" means the District Court;
"dale of incapacity" means—
(a) in the case of temporary incapacity, the date specified in a medical certificate issued under section 10(2) ax the date on which the temporary incapacity commenced;
(b) in the case of permancol incapacity, the date specified in a ccrtificate issued under section 24(6) or (8) as the date on which the permanent incapacity combienced;
"dependanta" means those members of the family of a person who were wholly or in part dependent upon his earnings at the time of bis death, or would but for the incapacity have been so dependent, and, where the person, 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 so dependent upon his earnings. shall include such an illegitimate child or parent or grandparent respectively;
Provided that a person shall not be deemed to be a partial dependant of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessaries of life suitable for persons in his class and position; "earnings" Include any remuneration or profit derived from av employ- mcul, and for the purposes of this Ordinance carnings and the amount of carnings shall be calculated or estimated in such manner and on such basis as may be prescribed;
"employer" includes Her Majesty în Her Government of Hong Kong and
any body of persons corporate or incorporate;
employment" includes any self-employment in any trade, business or
profession;
“financial year" means the period Axed by the Board under section 29; "Fund" means the Pneumoconiosis Compensation Fund established by
section 27:
"hospital" means any hospital registered under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance or maintained by the Crown;
"incapacity" means incapadily resulting from pneumoconiosis; "levy" means the levy imposed under section 35;
"medical expenses" means all or any of the following expenses incurred
in respect of the medical treatment of a person-
(a) the fees of a medical practitioners
(b) the fees for any surgical or therapeutic treatment;
(c) the cost of nursing attendance;
(d) the cost of hospital accommodation as an in-palient;
(e) the cost of medicines, curative materials and medical dressings; "medical treatment, in relation to a person who has contracted pneumo- coniosis, menas medical treatment of any kind whatsoever given to the person by, or under the supervision of, a medical practitioner, whether as an in-patient or otherwise;
"member of the family" means-
(a) a wife, husband, father, mother, grandfather, grandmother, step- father, stepmother, son, daughter, grandson, granddaughter, step-
3
son, stepdaughter, brother, sister, half-brother, half-sister, daughter- in-law or sister-in-law and any such person is included whether the relationship is created by blood or by any adoption recognized as valid by the law of Hong Kong; and
(6) any other person who at the date of incapacity resides with the incapacitated person as a member of his household, including a woman who, at such date was living with the person as his wife; "partial incapacity" means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of a person in any employment in which he was engaged at the time he is found to havc contracted pneumoconiosis, and, where the incapacity is of a permanent nature, such incapacity as reduces his earning capacity in any employ- ment which he was capable of undertaking sɩ that time;
"pneumoconiosis" means-
(a) fibrosis of the lungs due to dust of free silica or dust containing free silica, whether or not such disease is accompanied by tuberculosis of the lungs, or any other disease of the pulmonary or respiratory organs caused by exposure to such dust; or
(5) fibrosis of the lungs due to dust of asbestos or dust containing asbestos, whether or not such disease is accompanied by tuber- culosis of the lungs, or any other disease caused by exposure to such dust;
"Pneumoconiosis Medical Board" meaos
Board appointed under section 22;
"quarry operator" means
the Pneumoconiosis Medical
(a) in relation to a Government quarry, the person managing or in
charge of that quarry,
(b) in relation to a quarry other than a Government quarry, the
person operating that quarry,
(c) in relation to a stone crushing plani, the person operating that
stone crushing plant;
"total incapacity" means such incapacity whether of a temporary or per manent nature as incapacitates a person from any employment which he was capable of undertaking at the time he is found to have contracted pneumoconiosis;
"value" means in relation to construction works and to any quarry,
the value of the construction works and the quarry products 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 perBON.
3. This Ordinance shall be binding on the Crown.
PART I
COMPENSATION
Application to The Crown.
Barileancat be
4. (1) Subject to subsections (2), (3) and (4) and except where other wise provided, compensation shall be payable to any person resident in compensation. Hong Kong for 5 years of more (whether before or after the commence- ment of this Part) in respect of any tolal 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.