1980-HKRS28-16-28_Part03 — Page 25

Authenticated Laws 確真本香港法例 All

Acoperi dipecat of Meculon B.

AmicodracAL GI

heading to

Part LILA.

Coda peruza, tlo in case of

ATUNCAT dodal inde sa prelity.

S.

N

(a) in the case of an employee under 40 years of age at the time of the accident, a lump sum equal to 84 months' earnings or $168,000, whichever is the legs:

(5) in the case of an employee of or over 40 years of age but under 56 years of age at the time of the accident, a lump sum equal to 60 months' earnings or $168,000, whichever is the less;

(c) in the case of an employee of or over 56 years of age at the time of the accident, a lump sum equal to 36 months' earnings or $168,000, whichever is the less.

(2) The amount of compensation payable under subiec- Gion (1) shall in no case be less than 356,000,

(3) Notwithstanding anything in subsection (1) or (2), where in respect of the same accident compensation has been paid under section 7 or 9, there shall be deducted from the sum payable under subsection (1) any sums so paid as compensation-

I

(4) Where death results from the injury, if the employes does not leave any dependants wholly dependent on his carnings, but leaves any dependants in part so dependent, the amount of compensation shall be such sam, nôt exceeding in any case the amount payable under subsections (1), (3) and (3), as may be determined by the Court to be reasonable and proportionate to the jajury to the said dependants.

(5) Where death results from the injury, if the employee leaves no dependants, the reasonable expenses of the burial of the deceased employee and the reasonable expenses of medical attendance go the deccased employee, not exceeding in all the sum of $3,000, shall be paid by the employer-

7. (1) Where permanent total incapacity results from the injury, the amount of compensation shall be-

(o) in the case of an employee under 40 years of age at the time of the accident, a lump sum equal to 96 months' earnings or $192,000, whichever is the Iess;

(6) in the case of an employes of or over 40 years of age but under 56 years of age at the time of the accident, a lump sum equal to 72 months' earnings or $192.000, whichever is the less;

(c) in the case of an employee of or over 56 years of age at the time of the accident, a lump sum equal to 48 months' earnings or $192,000, whichever is the less.

(2) The amount of compensation payable under subsec- tion (1) shall in no case be less than $64,000.”.

Section 8 of the principal Ordinance is amended by deleting subsection (4) and substituting the following-

"(4) The amount of compensation payable under this section shall not exceed $77,000.",

The heading to Part IIIA of the principal Ordinance is amended by deleting "PROSTHESIS" and substituting the following-

"PROSTHESES”.

7.

3

Section 36A of the principal Ordinance is amended by deleting Amendment of the definitions of "registered dentist" and "Medical Assessment Board" section 36%. and substituting the following→→

**"Board" means the Prostheses and Surgical Appliances Board

appointed under section 36M(1);

"Director" means the Director of Medical and Health Services:".

8.

Section 36B of the principal Ordinance la amçnded-

(a) in subsection (2), by deleting paragraph (c) and substituting the

following

*(c) the prosthesis or surgical appliance so supplied and

fitted is

(D) manufactured or on sale in Hong Kong; and

(ii) certified by the Board under section 36M(4)"; and

(b) in subsection (3), by deleting "of Medical and Health Services".

Section 36D of the principal Ordinance is amended-

9.

(a) in subsections (1) and (2), by deleting "workman" wherever it

occurs and substituting in each case the following-

"Director"; and

(b) in subsection (3), by deleting "a Medical Assessment Board

under section 361(2)" and substituting the following-

"the Board under section 36M(4)".

10. Section 36€ of the principal Ordinance is amended—

(a) in subsections (1) and (2), by deleting "workman" wherever it

occurs and substituting in each case the following-

"Director":

(5) in subsection (1), by deleting "14 days" and substituting the

following

"1 month"; and

(c) in subsection (2), by deleting "of Medical and Health Services".

Amendocal at ACELOR 368.

A mesilasent at Section 160.

Acoendiment of section 368.

11. Section 36G of the principal Ordinance is amended by deleting Amendment of "workman" and substituting the following-

"Director".

deplan 360,

12. Sections 361 and 36) of the principal Ordinance are repealed Reper and and replaced by the following-

**Employer'

liability

TO PAY Car the cost of repair or renewal of

or pleat ALSOJAN NASA.

Lintit of conlover'a

Jability to pay under section

361.

361. Subject to section 36J, where in respect of an accident occurring on or after the date on which this section comes into operation an employer is liable to pay for the cost of supplying and fitting a prosthesis or surgical appliance to an employee under section 368, he shall also be liable to pay for the probable cost of the normal repair and renewal of the prosthesis or surgical appliance during a period of 10 years after the date on which the prosthesis or surgical appliance is originally fitted.

36. The amount of the cost which the employer JK liable to pay under section 361 shall be the total amount assessed by the Board under section 36M(2)(c) and (3) and shall not, in the case of any one employee, exceed an aggregate of $30,000 in respect of any one accident.

replacem of ectom 361 mod 567,

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