1969-HKRS29-8-36_Part03 — Page 42

(IB) Periodical payments under this section shall be payable on the same days as wages would have been payable to the workman if he had con- tinued to be employed under the contract of service or apprenticeship under which he was employed at the time of the accident:

Provided that-

(a) by agreement or by order of the Court, the periodical payments may be made at shortet intervals; and

(b) the interval between periodical payments

shall not exceed one month.

(C) In the event of death or permanent in- capacity following a period of temporary încapacity whether total or partial, no periodical or lump sum payments paid or payable under this section shall be deducted from any amount of compensation payable under section 6, 7, 7A, or 8.

(ID) A workman who has received periodical payments under this section for a period of twenty- four months from the date of the commencement of the temporary incapacity shall no longer be on- titled to periodical payments under this section but shall be deemed to have suffered permanent inca. pacity and the provisions of section 7 or 8, as the case may be, shall apply to the workman.".

Section 10 of the principal Ordinance is amended- in subsection (1), by substituting a full stop for the colon where it occurs immediately before the first proviso and by deleting the first and second provisos:

(b) by inserting, after subsection (1), the following new

subsections

"(1A) Where by reason of the shortness of the time during which a workman has been in the employment of his employer or of the casual nature of the employment, or of the terms of employment, it is impracticable to compute the rate of remunera- tion of such workman at the date of the accident, regard may be had to the average monthly amount which, during the twelve months previous to the accident, was being earned by a person of similar earning capacity in the same grade employed at the same work 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.

(1B) Where a workman was, at the date of the accident, under the age of eighteen years his camnings shall, for the purposes of assessing compensation payable in the case of permanent incapacity, be deemed to be such amount as, if the accident had not occurred, he would probably have received upon attaining the age of eighteen years, or at the end of a period of five years after the accident, whichever calculation is more favourable to the workman.

(10) Where a workman was, at the date of the accident, employed under a contract of apprentice- ship his carnings shall, for the purposes of assessing compensation payable in the case of permanent in- capacity, be deemed to be such amount as, if the accident had not occurred, he would probably have received upon the completion of his contract of apprenticeship.

(ID) Where the earnings of a workman cat- culated under any of the provisions of this section amount to less than one hundred dollars per month, the earnings of such workman shall, for the purposes of this Ordinance, be deemed to be one hundred dollars per month."; and

(c) in subsection (2), by deleting "subsection (1)" and substi-

tuting the following-

"subsections (1) and (1A)".

12. Section 12 of the principal Ordinance is amended-

in subsection (2)—

(a)

(i) in paragraph (b), by inserting after "7" the follow- ing-

“. ZA": and

(ii) by deleting the proviso and substituting the follow- ing-

"Provided that-

(a) where periodical payments are payable under the provisions of sub-paragraph (i) of para- graph (b) of subsection (2) of section 7A or section 9. such puyments may be paid by the employer direct to the workman; and

Amendment of section 12.

Amendment of section 10.

11.

(a)