XN000022-1975-07-02 — Page 6

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WEDNESDAY, JULY 2, 1975

WOMEN'S COMENSATION LAW TO BE REVISED

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DELAYS IN THE PAYMENT OF COMPENSATION TO VICTIMS OF

INDUSTRIAL ACCIDENTS WILL BE REDUCED AS FAR AS IS LEGALLY FEASIBLE WHEN THE WORKMEN'S COMPENSATION ORDINANCE IS REVISED, THE ACTING COMMISSIONER OF LABOUR, THE HON. NEIL HENDERSON TOLD COUNCIL TODAY.

SPEAKING IN REPLY TO A QUESTION FROM THE HON. HILTON CHEONG- LEEN, MR. HENDERSON DISCLOSED THAT THE LABOUR DEPARTMENT WAS NOW ENGAGED IN DRAFTING INSTRUCTIONS FOR A GENERAL REVISION OF THE ORDINANCE.

HE EXPLAINED THAT IN GENERAL DELAYS IN THE PAYMENT OF COMPENSATION WERE INEVITABLE.+TIME-CONSUMING LEGAL PROCESSES MUST BE GONE THROUGH TO ESTABLISH THE LEGITIMACY OF DEPENDANTS' CLAIM AND OFTEN SUCH CASES ARE COMPLEX,+ HE SAID, ADDING THAT THE NECESSARY DOCUMENTATION WAS SOMETIMES NOT READILY AVAILABLE.

HE ELABORATED THAT THE LONG TIME TAKEN IN SOME CASES WAS NOT CAUSED BY THE SETTLEMENT OF THE AMOUNT OF COMPENSATION WITH THE EMPLOYER OR THE INSURANCE COMPANIES, BUT RATHER DY THE NEED TO DOCUMENT THE DEATH, IDENTIFY THE DEPENDANTS, ASCERTAIN THE DEGREE OF DEPENDENCE, AND THE APPORTIONMENT BETWEEN THE DEPENDANTS.

NO ACTION CAN BE INITIATED UNTIL A DEATH CERTIFICATE IS OBTAINED. THIS IS USUALLY WITHIN A WEEK OR 10 DAYS BUT CAN BE MUCH LONGER IF AN INQUEST IS HELD.

FOR THOSE CASES REFERRED TO THE COURTS AND THE LEGAL AID DEPARTMENT, THE COMMISSIONER POINTED OUT THAT THE SPEED WITH WHICH THEY ARE DEALT WITH DEPENDS ON LEGAL PROCEDURES AND COURT DIARIES WHICH ARE OUTSIDE HIS CONTROL.

MR. HENDERSON NOTED THAT A SPECIAL FACTOR FOR THE DELAY AROSE IN CASES WHERE THE DEPENDANTS LIVE IN CHINA OR THERE ARE ELIGIBLE DEPENDANTS BOTH IN CHINA AND HONG KONG. IN SUCH CASES, CERTIFICATES OF RELATIONSHIP, EXIT PERMITS AND POWERS OF ATTORNEY HAVE TO BE OBTAINED FROM CHINA, AND THE COURTS HERE NORMALLY WILL ONLY ACCEPT SUCH DOCUMENTS WHEN THEY HAVE BEEN AUTHENTICATED BY EMBASSY OFFICIALS IN PEKING.

A TOTAL OF 234 CASES WAS REPORTED TO THE WORKMEN'S COMPENSATION UNIT IN 1974. OF THE 164 CASES REFERRED TO COURTS AND THE LEGAL AID DEPARTMENT, 92 HAVE BEEN COMPLETED AND AWARDS MADE.

THE TIME FOR SETTLING THESE 92 CASES RANGED FROM THREE MONTHS TO MORE THAN A YEAR FROM THE MOMENT OF REPORT TO THE LABOUR DEPARTMENT TO RECEIPT OF PAYMENT.

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