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Application
to workmen employed under the Crown.
Employer's linbility
for com- pensation for death DF
incapacity regulting from accident,
4. This Ordinance shall apply to workmen employed by or under the Crown in the same way and to the same extent as if the employer were a private person, except in the case of persons in the naval or military or air service of the Crown, persons in the Civil employment of Her Majesty otherwise than in Her Government of the Colony and persons in the Royal Hong Kong Defence Force, the Essential Services Corps, the Police Force, the Special Constabulary and the Hong Kong Police Reserve:
Provided that this Ordinance shall not apply in the case of a workman in, or selected for appointment to, the service of the Government of the Colony before the date upon which this Ordinance comes into operation where, in consequence of injury received by any such workman in the discharge of his duties, a pension or gratuity which would not be payable if such injury were received otherwise, is paid to him or, in the case of his death, to any of his dependants as defined in this Ordinance, under any Ordinance or regulation providing for the grant of stel pension or gratuity.
5. (1) If, in any employment, personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall, subject as hereinafter provided, be liable to pay compensation in accordance with the provisions ol this Ordinance and, for the purposes of this Ordinance, an accident resulting in the death or serious and permanent incapacity of a workman shall be deemed to arise out of and in the course of his employment, notwithstanding that the workman was at the time when the accident happened acting in contravention of any statutory or other regulation applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if such act was done by the workman for the purposes of and in connexion with his employer's trade or business :
Provided thar-
(a) the employer shall not be liable under this Ordinance în nuspert of any injury which incapacitates the workman for a period of less than three days from earning full wages at the work at which he was employed; and (6) if it is proved that the injury to a workman is attributhle to the serious and wilful misconduct of that workman, any compensation claimed in respect of that injury shall be disallowed: Provided that where the injury results. in death or serious and permanent incapacity, the Court
on consideration of all the circumstances may award the compensation provided by this Ordinance or such part thereof as it shall think ÜL.
(2) No compensation shall be payable under this Ordinance in respect of any incapacity or death resulting from a deliberate self-injury.
(3) No compensation shall be payable under this Ordinance in respect of any incapacity or death resulting from personal injury if the workman has at any time represented to the employer that he was not suffering or had not previously suffered from that or a similar injury, knowing that the representation was false,
(4) No compensation shall be payable under this Ordinance in respect of any injury, not resulting in death or serious and permanent incapacity, caused by an accident which is directly attributable to the workman's addiction to drugs or his having been at the time of the accident under the influence of alcohol.
6.
Where death results from the injury-
Compensa- Linn ia
() if the workman leaves any dependants wholly dependent fatal cases.
on his earnings, the amount of compensation shall be a stum equal to thirty-six months' earnings or ten thousand dollars whichever is less: but where in respect of the same accident compensation has been paid under the pruvisions of section 7, section 8, or section 9, there shall be deducted from the sum payable under this paragraph any sums so paid as compensation :
(b) if the workman does not leave any dependants wholly dependent on his earnings, but leaves any dependants in part so dependent, the amount of compensation shall be such sum, not exceeding in any case the amount payable under paragrapli (a), as may be determined by the Court to be reasonable and proportionate to the injury to the said dependants:
נן
(e) if the workman leaves no dependants, the reasonable expenses of the burial of the deceased workman and the reasonable expenses of medical attendance deceased workman, not exceeding in all the sum of four hundred dollars shall be paid by the employer.
the
7.
Where permanent total incapacity results from the injury, Compensa. Lion in the the amount of compensation shall be a sum equal to forty-eight months earnings or fourteen thousand dollars whichever is less, permanent
case of
total
incapacity.
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