FRIDAY, JULY 4, 1980
1
NEW BILL AIMS TO COMPENSATE PEOPLE FOR INCAPACITY RESULTING FROM PNEUMOCONIOS IS
*****
GOVERNMENT HAS DEVISED A NEW AND COMPREHENSIVE PNEUMOCONIOSIS COMPENSATION SCHEME WHICH IT HOPES TO IMPLEMENT AT THE BEGINNING OF NEXT YEAR.
THE SCHEME IS CONTAINED IN THE PNEUMOCONIOSIS (COMPENSATION) BILL 1980 PUBLISHED IN THE GOVERNMENT GAZETTE TODAY (FRIDAY).
THE BILL ESTABLISHES A SCHEME FOR COMPENSATING PEOPLE FOR INCAPACITY RESULTING FROM PNEUMOCONIOSIS (SILICOSIS AND ASBESTOSIS) AND FOR COMPENSATING THE DEPENDANTS OF THOSE WHO DIE FROM THE DISEASE.
A FUND WOULD BE SET UP FOR THIS PURPOSE, FINANCED BY A LEVY ON THE MAJOR TRADES AND INDUSTRIES TO WHICH THE GREAT MAJORITY OF PNEUMOCONIOSIS CASES ARE ATTRIBUTABLE.
A GOVERNMENT SPOKESMAN SAID THAT ALTHOUGH THE SCHEME WOULD NOT REQUIRE COMPULSORY MEDICAL EXAMINATION OF WORKERS IN THE PNEUMOCONIOSIS-PRONE TRADES AND INDUSTRIES, THEY WOULD BE ENCOURAGED TO BE MEDICALLY EXAMINED ON A REGULAR BASIS IN ORDER TO ENSURE EARLY DETECTION OF THE DISEASE.
THE SPOKESMAN ALSO EXPLAINED THAT IT WAS PLANNED TO SET UP A STATUTORY PNEUMOCONIOSIS COMPENSATION FUND BOARD WHICH WOULD BE RESPONSIBLE FOR COLLECTING THE LEVY AND PAYING COMPENSATION AND DAMAGES.
THE SPOKESMAN SAID THAT ANY PERSON WHO HAD LIVED IN HONG KONG FOR FIVE YEARS OR MORE AND WAS DIAGNOSED BY A PNEUMOCONIOS IS MEDICAL BOARD TO BE SUFFERING FROM THE DISEASE WHICH CAUSED INCAPACITY AFTER THE NEW LEGISLATION CAME INTO OPERATION WOULD BE ENTITLED TO CLAIM COMPENSATION FROM THE FUND,
THE FUND WOULD PAY STATUTORY COMPENSATION AND COMMON LAW DAMAGES AND RELATED COSTS.
OTHER BENEFITS INCLUDE MEDICAL EXPENSES AND ALLOWANCES FOR CONSTANT ATTENTION FOR THOSE INCAPABLE OF LOOKING AFTER THEMSELVES, MEDICAL EXAMINATION FEES INCURRED IN DIAGNOSING THE DISEASE, THE SCHEME'S ADMINISTRATION COSTS AND OTHER RELATED EXPENSES.
THE SPOKESMAN SAID THAT IN ADDITION PEOPLE WHO HAD BEEN DIAGNOSED AS SUFFERING FROM THE DISEASE BEFORE THE OPERATIVE DATE OF THE NEW LEGISLATION WOULD BE ENTITLED TO AN EX-GRATIA PAYMENT BY THE GOVERNMENT.
THIS PAYMENT WOULD BE PAID OUT OF GENERAL REVENUE AND NOT FROM THE FUND.
PAYMENT WOULD BE ON A ONCE-AND-FOR-ALL BASIS, AND CALCULATION WOULD BE BASED ON A FLAT RATE OF EARNINGS, IRRESPECTIVE OF THE ACTUAL EARNINGS OF EACH INDIVIDUAL, AND ON RELEVANT COMPENSATION LEVELS IN THE WORKMEN'S COMPENSATION ORDINANCE.
ACCOUNT WOULD ALSO BE TAKEN OF THE PROGRESSIVE NATURE OF THE DISEASE, SAID THE SPOKESMAN, THE FIVE-YEAR RESIDENCE QUALIFICATION WOULD ALSO BE APPLIED TO THE EX-GRATIA PAYMENTS.
/2