1969-HKRS28-8-36_Part03 — Page 39

Amendment of section 3.

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(b) in paragraph (d), by deleting "dwelling in his house; or"

and substituting the following--

"employed by such employer and who resides with the employer."; and

(c) by deleting paragraphs (e) and (f).

3. Section 3 of the principal Ordinance is amended----

(a) by inserting, before the definition of "Commissioner".

the following new definition-

""accident insurance business" means the business of effecting contracts of insurance against the liabi- lity of an employer for personal injury by accident to any workman in his employment arising out of and in the course of such employ- ment;":

(b) in the definition of "Commissioner", by deleting "and includes a deputy commissioner of labour and any labour officer appointed in that behalf in writing by the said Commissioner";

(c) by inserting after the definition of "compensation" the

following new definition-

'contract of apprenticeship" includes a contract of

improvership or learnership;";

(d) by inserting, after the definition of "Court", the follow-

ing new definition—

""damages" means any damages recoverable by a workman independently of this Ordinance in the case of personal injury to the workman by accident arising out of and in the course of his employment;":

(e) by deleting the definition of "insurer" and substituting

the following-

(Cwm. 2.)

* "Full Court" means the Full Court constituted under

section 3 of the Full Court Ordinance: "insurance company" and "insurer" mean a person carrying on accident insurance business in the Colony;":

(f) by deleting the definition of "member of the family" and

substituting the following-

""member of the family" means—

(a) a wife, husband, father, mother, grand- father, grandmother, stepfather, stepmother,

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or

son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half- brother, half-sister, daughter-in-law sister-in-law and any such person is in- cluded whether the relationship is created by blood or by any adoption recognized as valid by the law of the Colony; and (b) any other person who at the time of the injury resides with the workman as a mem- ber of his household;":

(g) in the definition of "partial incapacity", by deleting "as reduces his earning capacity in every" and substituting the following-

"(which may include disfigurement) as reduces bis earning capacity in any".

4.

Section 4 of the principal Ordinance is amended-

(a)

by being renumbered as subsection (1) thereof;

(b)

in paragraph (6), by deleting "and" and substituting a colon:

(c)

by deleting paragraph (c); and

(d) by inserting the following new subsection-

5.

"(2) The exercise and performance of the powers and duties of any public body shall for the purposes of this Ordinance, unless a contrary inten- tion appears, be deemed to be the trade or business of such public body.".

Section 5 of the principal Ordinance is amended-

(a) in subsection (1)—

(i) by deleting resulting in the death or serious and permanent incapacity of" and substituting the following-

"to":

(ii) by deleting the proviso and substituting the following-

"Provided that

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(a) the employer shall not be liable under this Ordinance in respect of any injury, other than

Amendment of section 4.

Amendmeul of section 5.