1978-HKRS28-16-26_Part02 — Page 67

7

for pernaNGEL

PELAJ

and city

resulting from

PHO GERMOONID D-

Hotl

Payment of

competation

by CoveromENT in cenalo MARCA.

Amendment of Recibon 38.

7.

(6) A certificate purporting to be issued under sub- section (5) and to be signed by or for the Occupational Diseases Medical Board shall be admitted in evidence with- out further proof on its production in Court and

(a) until the contrary is proyed, it shall be presumed

that the certificate 1 so issued and signed:

(b) shall be evidence of the matters stated therein.

3

33C. (1) Where the Occupational Diseases Medical Board determines under section 338(2) that a permanent partial incapacity of workman has been caused by pneumoconiosis and assesses the degree of such incapacity, the workman shall, subject to subsection (2), be paid com- pensation in respect of such incapacity.

(2) Where the Occupational Diseases Medical Board determines under section 338(3) that a workman may in the future suffer a greater degree of permanent incapacity resulting from pneumoconiosia and assesses such greater degree of permanent incapacity, the workman shall be paid compensation in respect of such greater degree of permanent incapacity in addition to the compensation paid in pursuance of subsection (1)

(3) Where the aggregate percentage of the permanent incapacity assessed under section 33B(2) and (3) amounts Jo 100 per cent or more, compensation in respect of such in- capacity shall be paid as if it were permanent total incapacity.

(4) Where compensation la paid to a workman in pursuance of this section, the workman or his dependants, as the case may be, shall not be entitled to compensation under this Ordinance in respect of any other permanent in- capacity or the death of the workman reulting from pneumoconiosis.

33D. (1) Where an employer becomes liable to pay compensation or damages for the permanent total or partial incapacity of a workman resulting frare pneumoconiosis who is employed on the date on which this section comes into operation in any specified trade, industry or process and whose incapacity is determined on the occasion of the medical examination carried out in pursuance of section 134(3), such compensation or damages shall, notwithstand- ing section 32, be paid by the Government from the general

TT-venue.

(2) To subsection (1), compensation or damages includes any sum payable in respect of costs,"

*

Section 38 of the principal Ordinance is amended-

(a) in subsection (1) by deleting "such" and substituting the

following

"employment in any specified trade, industry of process and to such other"; and

(b) in subsection (2), by inserting after "Crown" the following-

other than employment in any specified trade, industry of process"

*.

(a) in subsection (1) by deleting "The" and substituting the

following-

Section 39 of the principal Ordinance is amended-

*Subject to subsection (5), the"; and

(b) by inserting after subsection (4) the following subsection-

9.

"(5) No authorization shall be required under subsection (1) for an insurance company to carry on accident insurance business for the purposes of section 39A.".

Amendment al seculos 39.

The principal Ordinance is amended by adding after section 39 Addition of the following section

"Jowrance

la respect of sptailed

Industries or

PT COMESSIRA,

39A. An insurance company which carries on accident insurance business in the Cofony shall, if so required by an employer who has in his employment any workman employed in any specified trade, industry or process, issue to the employer, on payment by him of the prescribed premium, a policy of insurance in the prescribed form for the full amount of the liability of the employer under this Ordinance and independently of this Ordinance for the permanent total or partial incapacity or the death of such workman resulting from pacumoconiosis arising out of and in the course of his employment.”.

10. Section 40 of the principal Ordinance is amended-

(a) in mubecction (1), by inserting before "section" the following

"subsection (IA) and"; and

(B) by inserting after subsection (1) the following subsections—

"(LA) Subject to subsection (18), no etoployer shall employ any workman in any specified trade, Industry or process unless there is in force in relation to such workman à policy of insurance issued in pursuance of section 39A.

(IB) Subsection (IA) shall not apply in relation to a workman-

(a) who is newly engaged for employment or is transferred to employment, in any specified trade, industry or process until after the expiry of the second month after such engagement or transfer; (b) who has entered into an agreement with his en-

ployer under section 31(2A);" or

(c) who has been paid compensation in pursuance of

section 330."

(c) in subsection (2)

(i) by inserting after "employment" the following-

"or any specified trade, industry or process"; and

(ü) by inserting after "(1)" the following-

"or (IA)'; and

(d) in subsection (3). by inserting after "(1)" the following-

"or (TA).

* Kudo 39.A.

Amendment of section 4.