1953-HKRS28-8-20_Part03 — Page 27

Persons

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by the same employer, or, if there is no person so employed, by a person of similar earning capacity in the same grade employed in the same class of employment and in the same district:

Provided further that any workman whose earnings calculater! as aforesaid amount to less than fifty dollars per month, shall, for the purposes of this Ordinance, be deemed to have earnings of fifty dollars per month.

(2) For the purposes of the preceding subsection, employ- ment by the same employer shall be taken to mean employment by the same employer in the grade in which the workman was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause.

(3) Where the workman had entered into concurrent contracts of service with two or more employers under which he worked at one time for one such employer and at another time for another such employer, his monthly earnings shall be computed as if bis earnings under all such contracts were earnings in the employ- ment of the employer for whom he was working at the time of The accident:

Provided that the earnings of the workman under the con- current contraer shall be taken into account only so far as the workman is incapacitated front performing the concurrent

contract:

Provided further that this subsection shall not apply where a workman is in the full time employment of that employer for whom he was working at the time of the accident, in which case the earnings of such workmen shall be his carnings in such full time employment. For the purposes of this proviso, full time employment means employment for not less than forty-four hours during a minimum period of five days in any one week.

(4) Upon request of the workman or of the Commissioner of Labour to the employer liable to pay compensation, that employer shall furnish in writing a list of the earnings which have been earned by that workman upon which the amount of the monthly earnings may be calculated for the purpose of this section.

11. (1) The compensation shall be payable to or for the entitled to benefit of the workman, or, where death results from the injury, ention. to or for the benefit of his dependants as provided by this

Ordinance.

compen-

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(2) Where there are both total and partial dependants nothing in this Ordinance shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants.

(3) Where a dependant dies before a claim in respect of death is made under this Ordinance, or, if a claim has been made, before an order for the payment of compensation has been made, the legal personal representative of the dependant shall have no right to payment of compensation, and the claim for compensation shall be dealt with as if that dependant had died before the workman.

tion of compen-

12. (1) Compensation payable where the death of a work- Distribu- man has resulted from an injury shall be paid to the Court, and the Court may order any sum so paid in to be apportioned among satión. the dependants of the deceased workman or any of them in such proportion as the Court thinks fit, or in the discretion of the Court, to be allotted to any one such dependant, and the suni so allotted to any dependant shall be paid to him or be invested, applied or otherwise dealt with for his benefit in such manner as the Cour thinks fit.

Where, on application being made in accordance with rules made under this Ordinance, it appears to the Court that, on account of the variation of the circumstances of the various dependants, or for any other sufficient cause, an order made under this subsection ought to be varied, the Court may make sucli order for the variation of the former order as in the circumstances of the case the Court may think just :

Provided that no such order shall be made which requires the repayment by a dependant of any compensation already paid to him except where such payment has been obtained by fraud. impersonation or other improper means,

(2) Compensation payable under the provisions of section 7 or 8 and lump sums payable under the provisions of section y shall be paid to the Court, and any sum so paid shall be paid to the person entitled thereto or be invested, applied or otherwise dealt with for his benefit in such manner as the Court thinks Är.

(3) Nothing in this section shall prevent an employer from making any payment to a workman or dependant not exceeding five hundred dollars pending the settlement or determination of The claim, and the Court may order that the whole or any part of such payment shall be deducted from the amount of compensa- tion payable to him under the provisions of this section.