1953-HKRS29-8-20_Part03 — Page 18

(Cap. 141)

"earnings" means any wages paid in cash to the workman by the employer and any privilege or benefit which is capable of being estimated in money and includes the value of any food, fuel, or quarters supplied to the workman by the employer if as a result of the accident the workman is deprived of such food, fuel or quarters; and any overtime payments or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed and including tips if the employment be of such a nature that the habitual giving and receiving thereof is open and notorious and is recognized by the em- ployer: but shall not include remuneration for intermittent overtime, or casual payments of a non-recurrent nature, or the value of a travelling allowance, or the value of any travelling concession or a contribution paid by the employer of a workman towards any pension or provident fund, or a sum paid to a workman to cover any special expenses entailed on him by the nature of bis employment;

"employer" includes Her Majesty in Her Government of the Colony and any body of persons curporate or incorporate and the legal personal representative of a deceased employer, and, where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprentice- ship, the latter shall, for the purposes of this Ordinance, be deemed to continue to be the employer of the workman whilst he is working for that other person; and in relation to a person engaged, employed or paid through a club or hostel, the manager or members of the managing committee of the club or hostel shall, for the purposes of this Oclinance, be deemed to be the employer;

"insurer" includes any insurance society, association, company or

underwriter;

13

"medical practitioner” means a medical practitioner registered under the Medical Registration Ordinance or any medical practitioner employed by the Hung Kong Government;

"member of the family" means wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daugh- ter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister, daughter-in-law, sister-in-law

and such persons are included whether the relationship is created by blood or by any adoption recognized na valid by the law of the Colony:

Provided that, in the case of a lawful Chinese customary marriage "wife" shall mean the kit fat or tin fong wife;

"outworker" means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, orna- mented, finished, or repaired, or adapted for sale in his own home or on other premises not under the control or manage- ment of the person who gave out the materials or articles;

"partial incapacity" means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the incapacity, and, where the incapacity is of a permanent nature, such incapacity as reduces his earning capacity in every employ- ment which he was capable of undertaking at that time :

Provided that every injury specified in the Second Secand Schedule, except such injury or combination of injuries in Schedule, respect of which the percentage or aggregate percentage of the loss of earning capacity as specified in that Schedule against such injury or injuries amounts to one hundred per centum or more shall be deemed to result in permanent partial incapacity:

"total incapacity" means such incapacity whether of a temporary or permanent nature as incapacitates a workman for any employment which he was capable of undertaking at the time of the accident resulting in such incapacity:

Provided that permanent total incapacity shall be deemed to result from an injury or from any combination of injuries specified in the Second Schedule where the percentage or Second aggregate percentage of the loss of earning capacity as specified in that Schedule against such injury or injuries, amounts to one hundred per centum or more.

Schedule.