1978-HKRS28-16-26_Part02 — Page 68

Amendment or

Becton 43.

Amendment of section 44.

Amendment of Bection 49.

11. Section 43 of the principal Ordinance is amended-

(a) in subsection (I), by deleting "Where" and substituting the

following-

"Subject to subsection (5), where"; and

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

(5) In the application of this section and of section 44 to any matter relating to compensation or damages in respect of the permanent total or partial incapacity or the death of a workman resulting from pneumoconiosis, where a policy of insurance is issued in pursuance of section 39A and the insurance premium in respect of such policy of insurance is paid to, or recovered by, the Board in pursuance of section 32C, this section and section 44 shall be construed as if every reference to "insurer" appearing therein were a reference to the Board.".

12. Section 44 of the principal Ordinance is amended by deleting "Every" and substituting the following-

"Subject to section 43(5), every".

13. Section 49 of the principal Ordinance is amanded-

(a) in subsection (1) by inserting after paragraph (c) the following

paragraphs-

"(ca) specifying any trade, industry or process involving ex- posure to dust of free sibica or dust containing free silica, or dust of asbestos or dust containing asbestos, in respect of pneumoconiosis;

(cb) prescribing the composition of the Board, the fees (if any) payable to members of the Board and the expenses of the Board, and providing for the payment of such fees and expenses from the Pneumoconiosic Compensa tion Fund;

(cc) prescribing the powers, functions and procedure of the

Board;

(ed) empowering the Board to appoint employees and wo determine all matters relating to their remuneration and terms and conditions of appointmeal, including their suspension or dismissal from office;

(ce) empowering the Board to perform any function or duty in association with any department of the Government, and providing for the payment to the Government from the Pneumoconiosis Compensation Fund for any such function or duly performed by a department of the Government;

(4) empowering the Board to fix, or vary, with the approval of the Governor in Council, the insurance premiums for policies of insurance issued in pursuance of section 394 and the administration fee under section 320(4);

(cg) empowering the Board to recover the levy imposed on

employers under section 32D through insurance com panies:

(ch) providing for the repayment from the Pneumoconiosis Compensation Fund of any moneys provided by the Goverment for the purposes of the Pneumoconiosis Compensation Fuad with or without interest;

9

(ci) prescribing the keeping and auditing of accounts of the Pneumoconiosis Compensation Fund, the submission to the Government of auditors' reports, audited statements of account and reports on the activities of the Board, and providing for the laying on the table of the Legisla tive Council of such reports and statements of accounts; (c) providing for the investment of moneys in the Pneu- moconiosis Compensation Fund with the approval of the Financial Secretary:

(ck) providing for the carrying out of medical examinations for the purposes of section 334, requiring workmen to altend to be medically examined at such date and time and place as may be specified:

(el) providing that workmen who are absent from work in order to attend to be medically examined shall not suffer loss of wages or earnings in respect of such absence; (cm) requiring employers and insurers to keep registers and records, and prescribing the form of such registers, records and other forms;

(ca) providing for such powers of entry and inspection as may be necessary to ascertain that the provisions of this Ordinance and of any regulations made thereunder are complied with and for the seizure of document; (co) empowering the Commissioner and the Occupational Discases Medical Board appointed under section 338 to require employers and workmen to furnish such informa- tion as may be required for the purposes of this Ordinance and of any regulations made thereunder, and prescribing a time limit for the furnishing of such Information;

(cp) empowering the Commissioner to amend any form prescribed under the regulations made under this Ordin- ance or to prescribe new forma for the purposes of such regulations;"; and

(b) by deleting subsection (2)

Secord

Schedule.

14. The Second Schedule to the principal Ordinance is amended by Aosehdostat of inserting after item 21 the following item-

422 Pneumoconiosis

1978.

Any specified trade, industry

or process (that is, any trade, industry or process involving exposure to dust of tree silica or dust containing free silica, or dual of asbestos or dust containing asbestos, and specified by regulations under section 49).

10 years.".

Passed by the Hong Kong Legislative Council this 7th day of June,

Pla

Clerk to the Legislative Council.