12
FRIDAY, JUNE 10, 1988
DOES
A LABOUR DEPARTMENT SPOKESMAN SAID THE PRESENT ORDINANCE NOT COVER WORK INJURIES SUSTAINED OUTSIDE HONG KONG EVEN THOUGH THE CONTRACT OF EMPLOYMENT HAS BEEN CONCLUDED IN HONG KONG WITH A HONG KONG EMPLOYER.
"WORKERS EMPLOYED IN HONG KONG BUT PERFORMING DUTIES OUTSIDE THE TERRITORY ARE THUS OUTSIDE THE AMBIT OF THE ORDINANCE AND MAY HAVE LITTLE PROTECTION FROM THE LAWS OF THE COUNTRY IN WHICH THEY HAVE BEEN ASSIGNED TO WORK, THE SPOKESMAN SAID.
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THE NUMBER OF INJURIES TO SUCH WORKERS BROUGHT TO THE NOTICE OF THE LABOUR DEPARTMENT INCREASED SIGNIFICANTLY FROM 95 IN 1986 TO 189 LAST YEAR.
HOWEVER, THE TRUE NUMBER OF SUCH CASES PROBABLY EXCEEDS THESE FIGURES BECAUSE EMPLOYERS ARE NOT REQUIRED TO REPORT SUCH ACCIDENTS TO THE LABOUR DEPARTMENT OR TO COMPENSATE THE INJURED EMPLOYEES OR THEIR DEPENDANTS IN ACCORDANCE WITH THE EXISTING LEGISLATION.
"IT IS THEREFORE CONSIDERED NECESSARY TO AMEND THE ORDINANCE TO COVER WORKERS WHO MEET WITH WORK INJURIES OUTSIDE HONG KONG WHILST THEY ARE IN THE EMPLOYMENT OF HONG KONG EMPLOYERS, THE SPOKESMAN ADDED.
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PROPOSES WHERE A
TO PREVENT THE PAYMENT OF DOUBLE BENEFITS THE BILL THAT ANY COMPENSATION AWARDED UNDER THE LAW OF THE COUNTRY WORKER IS INJURED WILL BE OFFSET AGAINST COMPENSATION PAYABLE IN HONG KONG.
THE BILL ALSO EXTENDS THE EXISTING CERTIFICATE OF COMPENSATION ASSESSMENT SYSTEM TO COVER CASES INVOLVING INJURIES RESULTING IN NOT MORE THAN FIVE PER CENT PERMANENT INCAPACITY.
UNDER THE SYSTEM, THE COMMISSIONER CAN ISSUE A CERTIFICATE STATING THE AMOUNT OF COMPENSATION FOR PAYMENT DIRECT BY AN EMPLOYER TO THE INJURED EMPLOYEE.
"THIS WOULD ALLOW ABOUT 98 PER CENT OF ALL COMPENSATION TO BE SETTLED SPEEDILY," THE SPOKESMAN NOTED.
"THE REMAINING TWO PER CENT OF CASES WILL STILL BE AGREEMENT BETWEEN THE INJURED EMPLOYEE AND HIS EMPLOYER OR BY THE COURT.
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CLAIMS FOR
SETTLED
DETERMINED
BY
THE BILL CONTAINS A NUMBER OF OTHER AMENDMENTS COVERING COMPENSATION FOR EMPLOYEES WITH CONCURRENT EMPLOYMENT, ADVANCE PAYMENTS ΤΟ AN INJURED EMPLOYEE OR HIS DEPENDANTS, COMPULSORY INSURANCE AGAINST EMPLOYER'S LIABILITY, PENALTY FOR NON-PAYMENT OF COMPENSATION, AND TIME LIMIT FOR APPEAL ΤΟ THE COURT AGAINST ANY DECISION OR ASSESSMENT от THE COMMISSIONER FOR LABOUR OR OF AN ASSESSMENT BOARD.
/IT IS