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WEDNESDAY, JUNE 15, 1988
BILL EXTENDS SCOPE OF EMPLOYEE COMPENSATION LAW
THE EMPLOYEES' COMPENSATION (AMENDMENT) BILL 1988 PROPOSES
MAJOR IMPROVEMENTS TO THE EMPLOYEES' COMPENSATION ORDINANCE AND NUMBER OF MINOR ONES, THE SECRETARY FOR EDUCATION AND MANPOWER, HON RON BRIDGE, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
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MOVING THE SECOND READING OF THE BILL, MR BRIDGE SAID THE FIRST MAJOR PURPOSE WAS TO EXTEND THE SCOPE OF THE EMPLOYEES' COMPENSATION ORDINANCE TO COVER HONG KONG WORKERS REQUIRED IN THE COURSE OF THEIR DUTIES TO WORK OUTSIDE HONG KONG.
"AS THE LAW NOW STANDS, WHEN SUCH WORKERS SUSTAIN INJURIES WHILE WORKING OUTSIDE HONG KONG, THEY ARE DEPRIVED OF THE PROTECTION OF THE ORDINANCE AND THEIR EMPLOYERS ARE NOT REQUIRED TO COMPENSATE THEM OR THEIR DEPENDANTS, HE SAID.
"FURTHERMORE, IT MAY WELL HAPPEN THAT THEY ARE NOT BY THE LAWS OF THE COUNTRY IN WHICH THE INJURY OCCURS.'
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MR BRIDGE SAID THE LABOUR DEPARTMENT HAD NOTED AN INCREASING NUMBER OF SUCH INJURIES. KNOWN CASES ROSE FROM 95 IN 1986 TO 189 1987, AND THERE MIGHT WELL BE OTHER CASES WHICH WERE NOT REPORTED.
THE DEPARTMENT ALSO KNEW THAT MANY EMPLOYERS HAD VOLUNTARILY TAKEN OUT INSURANCE COVER FOR THEIR WORKERS AND HAD ACTUALLY COMPENSATED THEM AS IF THEY WERE UNDER THE PROTECTION OF THE ORDINANCE.
"CLAUSE 10 OF THIS BILL WOULD MAKE THIS A STATUTORY REQUIREMENT, MR BRIDGE POINTED OUT.
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HOWEVER, HE SAID
THAT, TO AVOID DOUBLE
BENEFITS, IT ALSO
PROVIDED FOR COMPENSATION PAID OUTSIDE HONG KONG UNDER THE LAW OF A FOREIGN JURISDICTION TO BE OFFSET AGAINST ANY COMPENSATION RECEIVED UNDER THIS ORDINANCE.
CLAUSE 12 OF THE BILL PROPOSED TO AMEND SECTION 40 OF THE ORDINANCE SO THAT EMPLOYERS' INSURANCE LIABILITY IN RESPECT OF WORK INJURIES OUTSIDE HONG KONG WAS LIMITED TO STATUTORY LIABILITY UNDER THE ORDINANCE AND DAMAGES UNDER COMMON LAW AWARDED BY A HONG KONG COURT.
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"THIS IS NECESSARY BECAUSE IT WOULD NOT BE APPROPRIATE REQUIRE INSURANCE COVER FOR DAMAGES AWARDED BY A COURT OUTSIDE HONG KONG. THIS AMENDMENT HAS THE SUPPORT OF THE INSURANCE INDUSTRY, MR BRIDGE EXPLAINED.
/HE SAID