(Cap 1773
Compensation
Tor dealt.
Firal
Schedule.
Flest Schedule. Par I.
(2) Compensation shall be payable under subsection (1) only where the date of incapacity or date of death occurs on or after the date of Commencement of this Part.
(3) No compensation shall be payable-
(a) where ex gratia compensation has been or will be paid by the Government for any incapacity or death resulting from pecuro- coniosis diagnosed before the date of commencement of this Part; (b) to a person in respect of incapacity, other than incapacity of a permanent nature, which does not incapacitate the person for a period exceeding 3 consecutive days from earning full wages or Salary at the work at which he was employed;
(c) to a person in the service of or formerly in the service of the Government who, in consequence of incapacity resulting from pneumoconiosis contracted in the discharge of his duties, is paid pension or gratuity which would not be payable if such incapacity were contracted otherwise than in the discharge of his duties, or in the case of his death, where such pension or gratuity is paid to his dependants. under any Ordinance or regulation providing For the grant of such pension or gratuity;
(d) to members of the armed forces of the Crown;
(e) to a person in the civil employment of Her Majesty, otherwise than in Her Government of Hong Kong, who has beca romaged in a place outside Hong Kong.
(4) Notwithstanding subsection (1), compensation shall be payable Lo a person or his dependants, as the case may be, who, prior to the date of incapacity or death, was resident in Hong Kong for less than 5 years if such person or any of bis dependants proves to the satisfaction of the Commissioner that be contracted pneumoconiosis in Hong Kong which resulled in the incapacity or death,
(5) For the purposes of subsection (1), residence in Hong Kong for 5 years or more may be proved-
(a) by the production to the Commissioner of the identity card issued under the Registration of Persons Ordinance to the person in question; and
(5) by the production of such other evidence as may be required by
the Commissioner.
5. (1) Subject to subsections (2) and (3) and the First Schedule, where a person dies as a result of pneumoconiosts and leaves any dependants wholly dependent on his earnings, the amount of compensation shall be in accordance with Part I of the First Schedule.
(2) Subject to subsection (3), where a person, who bas been paid compensation on first assessment in accordance with section 9(1)(a), dies as a result of pneumoconiosis before he is paid compensation on second assessment in accordance with that section and leaves any dependants wholly dependent on his earnings, the amount of compensation shall be & sum which would have been paid in accordance with subsection (1) had be died on the date of such first assessment less the amount of compensa- tion paid on the first assessment and increased by such amount as the Commissioner considers appropriate to ensure that the amount of com- pensation has retained its value in relation to the general level of prices prevailing in Hong Kong.
(3) Where compensation has been paid to a person referred to in subsection (1) or (2) under section 6 there shall be deducted from the sum payable under subsection (1) or (2) any sums so paid as compensation.
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(4) Where a person referred to in subsection (1) or (2) does not leave any dependants wholly dependent on his earnings, but leaves any dependants in part so dependent, the amount of compensation shall be such sum, not exceeding in any case the amount payable under subsection (0) or (2), as may be assessed by the Commissioner to be reasonable having regard to the extent of the dependence of such dependants,
(9) Where a person referred to in subsection (1) or (2) does not leave any dependants, the Board shall pay the reasonable expenses of the burial of the deceased person in accordance with Part I of the First Schedule.
Final
Schedule, Part 1.
6. (1) Where permanent total incapacity results from pneumoconiosis, Comparativo the amount of compensation shall be in accordance with Part 3 of the for Behramient First Schedule.
(2) Where permanent partial incapacity results from pneumoconiosis, the amount of compensation shall be such percentage of the compensation which would have been payable in the case of permanent total incapacity under subsection (1) as is proportionate to the loss of carning capacity permanently caused by pneumoconiosis in any employment which the person was capable of undertaking immediately before the date of incapacity.
Encapacity, Fit: Schedule,
7. (1) Where the Pneumoconiosis Medical Board determines under Payment of section 24 that the permaneor partial incapacity has resulted from pneumo- compensation coniosis, the person shall elect that compensation be paid to him-
(e) in a lump sum under section 8; ur (8) in 2 instalments under section 9.
(2) An election under subsection (1) shall be made in writing in the presence of the Commissioner, or a public officer authorized in that behalf by the Commissioner, and such election shall be final.
(0) Before an election is made under subsection (1), the Commissioner, or a public officer authorized in that behalf by the Commissioner, shall explain to the person the effect of the election and be shall be satisfied that the person understands the effect of the election.
(4) If a person who is required to make an election under subsection (1), fails to clect within 1 month of the Commissioner explaining the effect of the elected, he shall be deemed to have elected that comprosation be paid to him in a lump sum under section 8.
for cont partial locapacity.
B (1) A person who has elected under section 7(1)(a) for the Payment of payment of compensation in a lump sum shall be paid compensation in compensation
fer penEPI respect of-
partial
(a) the degree of permanent partial incapacity assessed under section
24(1); and
(8) any greater degree of permanent partial incapacity assessed poder
section 24(3).
(2) Where the aggregate percentage of the permanent incapacity referred to in paragraphs (a) and (6) of subsection (1) amounts to 100 per cent or more, compensation in respect of such incapacity shall be paid as if it were permanent total incapacity.
(3) Where compensation is paid to a person in pursuance of this section, that person or his dependants, as the case may be, shall not be antitled to compensation in respect of any other permanent or temporary incapacity or the death of the person resulting from pneumoconiosis.
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