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WEDNESDAY, MAY 1, 1991
AND HERE, PERHAPS I SHOULD RESPOND SPECIFICALLY TO TWO POINTS MADE BY MR TAM YIU-CHUNG WHEN HE ASKED ABOUT THE ORIGINS OF THE 96- MONTH RULE AND THE CEILING FOR COMPENSATION SET AT $485,000. THE PRESENT SYSTEM AS REFLECTED IN THE STATUTE IS DERIVED AFTER VERY CAREFUL CONSULTATION BETWEEN EMPLOYERS AND EMPLOYEES. THAT IS THE SIMPLE ANSWER TO HIS QUESTION OF HOW THESE ARRANGEMENTS HAVE COMB ABOUT. BUT I THINK IN FAIRNESS IT SHOULD BE SAID THAT THE PRESENT ARRANGEMENTS REQUIRE EMPLOYERS TO PAY COMPENSATION REGARDLESS OF WHETHER OR NOT THEY ARE AT FAULT. THIS MEANS THAT IF EMPLOYERS HAD DEEN FOUND TO BE AT FAULT, THEY MAY ALSO BE SUED FOR DAMAGES AND AS WE HAVE SEEN RECENTLY IN THE PRESS, A CERTAIN EMPLOYER HAS BEEN SUED HEAVILY FOR DAMAGES. WE ARE TALKING ABOUT COMPENSATION PAYABLE BY EMPLOYERS REGARDLESS OF WHETHER OR NOT THEY HAD BEEN AT FAULT.
THESE
THESE
SO IN CONSIDERING WHETHER OR NOT WE SHOULD BE RAISING LEVELS OF COMPENSATION, WHETHER WE SHOULD BЕ RAISING COMPENSATION CEILINGS, WE MUST BEAR IN MIND TWO POINTS. THE FIRST, THAT THERE WILL BE A NEED TO CONSULT, FOR BOTH EMPLOYERS AND EMPLOYEES то CONSULT; AND THE SECOND IS THAT THE BENEFITS TO BE OBTAINED RAISING THE LEVEL OF COMPENSATION OR THE CEILINGS INVOLVED MUST BE CAREFULLY COUNTER-BALANCED AGAINST THE COST TO EMPLOYERS THEREFORE TO THE ECONOMY OF BRINGING ABOUT THESE BENEFITS.
FROM ALSO AND
SEVERAL MEMBERS HAVE ASKED FOR A COMPREHENSIVE REVIEW OF THE PRESENT SYSTEM OF DISABILITY ASSESSMENT AND COMPENSATION. THE LABOUR DEPARTMENT DOES IN FACT KEEP THE SYSTEM UNDER REGULAR REVIEW AND MEMBERS' SUGGESTIONS WILL BE TAKEN INTO ACCOUNT IN THIS PROCESS. MEMBERS MAY WISH TO KNOW THAT WE ARE CURRENTLY CONSIDERING TWO POSSIBLE IMPROVEMENTS. FIRST, WITH THE ENDORSEMENT OF THE LABOUR ADVISORY BOARD, WE ARE EXAMINING A SYSTEM OF DIRECT SETTLEMENT IN CASES OF MINOR INJURIES. THIS WOULD ENABLE EMPLOYERS AND EMPLOYEES TO SETTLE CLAIMS FOR COMPENSATION QUICKLY, WITHOUT INVOLVING THE LABOUR DEPARTMENT. THE NECESSARY AMENDING LEGISLATION IS BEING DRAFTED. SECONDLY, AND AGAIN WITH THE ENDORSEMENT OF THE LABOUR ADVISORY BOARD, WE ARE LOOKING AT THE FEASIBILITY OF A SCHEME THAT WOULD COMPENSATE EMPLOYEES FOR LOSS OF HEARING AS A RESULT OF EXPOSURE TO OCCUPATIONAL NOISE. SIMPLE AS IT MAY SOUND, THE PROPOSED SCHEME IS PROVING TO QUITE DIFFICULT TO DEVISE. LOSS OF HEARING CAN TAKE PLACE OVER A LONG PERIOD AND IT IS NOT EASY TO ESTABLISH STAGES IN THE LOSS OF HEARING, NEVER MIND APPORTIONING RESPONSIBILITY TO SPECIFIC EMPLOYERS AND SPECIFIC JOBS IN THE PAST. NEVERTHELESS, I AM GLAD TO SAY THAT THE PRACTICAL SOLUTION IS NOW IN SIGHT AND THAT I WILL SHORTLY BE GETTING LEGISLATIVE DRAFTING PROPOSALS FROM THE COMMISSIONER FOR LABOUR.
BR
/MANY MEMBERS