1969-HKRS29-8-36_Part03 — Page 46

Amendment of dection 30.

16

(d) by deleting the proviso and substituting the following

new subsections-

"(2) The Commissioner may, if satisfied that, by reason of old age or serious physical defect or infirmity, a person, if employed as a workman, is specially liable to meet with an accident, or, if he meets with an accident is specially liable to sustain injury, in connexion with any contract of such em- ployment, authorize the person and the employer to enter into an agreement in writing reducing or giving up the right of such person to compensation under the provisions of this Ordinance in respect of any accident which is caused or contributed to by the old age or serious physical defect or infirmity, (3) An agreement entered into under subsec- tion (2) shall be ineffective unless the Commissioner certifies that in his opinion such agreement is fair and reasonable.”,

23. Section 30 of the principal Ordinance is amended-

(a) in subsection (1)—

(i) by deleting "twelve months" wherever it occurs and substituting in each case the following-

"prescribed period"; and

(ii) by deleting, in paragraph (e), "incapacity of” and substituting the following-

"incapacity or":

(6) in subsection (2)—–

() by deleting "twelve months" in the first place where it occurs and substituting the following-

"prescribed period"; and

(ii) by deleting "twelve months" in the second place where it occurs and substituting the following-

(c) in subsection (3)—

"period":

() by deleting "twelve months" in the first place where it occurs and substituting the following-

"prescribed period”; and

(f) by deleting "twelve months" in the second place where it occurs and substituting the following-

"period":

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(d) in subsection (4), by deleting "twelve months" and

substituting the following-

"prescribed period";

(e) in subsection (5), by deleting "period of twelve months"

and substituting the following-

"prescribed period"; and

() by deleting subsection (6) and substituting the following

new subsection-

Secol Schedule.

"(6) For the purposes of this section-

(a) the date of the incapacity shall, in the absence of agreement, be such date as the Court shall determine as being the date upon which the incapacity commenced: and no workman shall be prejudiced in any claim for compensation under this Part by reason only of the fact that the notice of incapacity given to the employer specified some other date;

(b) the prescribed period shall be the period specified in the fourth column of the Second Schedule in relation to the trade, industry or process specified in the third column of that Schedule.".

24. Section 32 of the principal Ordinance is amended- (a) by deleting "of twelve months" and substituting the

following-

Sessand Schedale,

"specified opposite to that disease in the fourth column of the Second Schedule"; and

(6) by deleting "the Second" and substituting the follow-

ing

"that"".

25. The principal Ordinance is amended by adding, after Pert III, the following new Part-

Interpreta-

tion,

"PART IILA.

COMPULSORY INSURANCE.

34A. In this Part, unless the context otherwise requires-

**Authority" means such person as may be appointed

by the Governor by notice in the Gazette:

Amendment of section 32.

Addition of

new Part IIA.