1964-HKRS29-8-31_Part02 — Page 3

Division of Ordinance into Parts, Part 1.1.

Addition of new Part.

4.

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The principal Ordinance is amended by the insertion, before section 5. of the following-

"PART II.

COMPENSATION FOR INJURY.”.

5. The principal Ordinance is amended by the addition, after section 29, of the following new Part-

Compensa- tion in the case of ocCU- pational disease.

"PART III.

COMPENSATION FOR OCCUPATIONAT. DISEASES.

29A. (1) If a workman contracts an occupational disease which results in the total or partial incapacity (whether of a permanent or temporary nature) or the death of the workman and is due to the nature of any employ- ment in which the workman was employed at any time within the twelve months immediately preceding such inca- pacity or death, whether onder one or more employers. then, the workman or his dependants, as the case may be, shall be entitled to compensation under this Ordinance as if such incapacity or death had been caused by an accident arising out of and in the course of employment in respect of which the provisions of section 5 apply, and the provi- sions of this Ordinance (including in particular section 14) shall, mutaris mutandis, apply thereto, subject to the follow- ing modifications-

(a) the incapacity or the death shall be treated as the

happening of the accident;

(b) if it is proved that the workman. at the time of

entering into the employment, wilfully and with intent to deceive represented in writing that he had not previously suffered from the disease resulting in the incapacity or death, compensation shall not be payable,

(c) subject to subsection (3), the compensation shall be recoverable from the camployer who last employed the workman during the twelve months immediately preceding the incapacity or death in the employment to the nature of which the disease was due:

(d) the amount of the compensation shall be cal- culated with reference to the earnings of the workman under the employer from whom the compensation is recoverable pursuant to para. graph (c) or subsection (3);

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(e) the employer to whom notice of incapacity or death is given shall be the employer who last employed the workman during the twelve months immediately preceding the incapacity or death in the employment to the nature of which the disease was due, and the notice may be given notwith- standing that the workman has voluntarily left such employer's employment.

(2) Where a workman suffers incapacity or dies as a result of an occupational disease, the workman or his dependants, as the case may be, shall, if so required, furnish to the employer who last employed the workman during the twelve months immediately preceding the incapacity or death in the employment to the nature of which the occupa- tional disease was due such information as to the names and addresses of all other employers who employed him in such employment during such twelve months as he or they may possess, and, if such information is not furnished or is not sufficient to enable that employer to take proceedings under subsection (3), that employer, upon proving that the disease was not contracted whilst the workman was in his employment, shall not be liable to pay compensation,

(3) If the employer who last employed the workman during the twelve months immediately preceding the inca- pacity or death in the employment to the nature of which the occupational disease was due alleges that the disease was in fact contracted whilst the workman was in the employment of some other employer during such twelve months, and not whilst in his employment, he may join such other employer as a party to the proceedings in respect of the claim for compensation, and if the allegation is proved that other employer shall be the employer from whom the compensation is recoverable.

(4) If the occupational disease is of such a nature as to be contracted by a gradual process, any other employers who during the twelve months immediately preceding the incapacity or death employed the workman in the employ- ment to the nature of which the disease was due shall be liable to make to the employer from whom compensation is recoverable pursuant to paragraph (c) of subsection (1) or subsection (3) such contribution as. in default of agree. ment, may be determined by a Court at the hearing of the claim for compensation, or, if the amount of and liability to pay the compensation is not in dispute, by the Court at a separate bearing.