XN000022-1992-05-20 — Page 14

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WEDNESDAY, MAY 20, 1992

"IN

VIEW OF THE INCREASING POPULARITY OF EMPLOYING PART-TIME DOMESTIC HELPERS, WE PROPOSE TO BRING THEM WITHIN THE AMBIT OF THE ORDINANCE.

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THE PROPOSED BILL ALSO SEEKS TO RE-DEFINE 'DEPENDANTS' TO INCLUDE CHILDREN OF AN EMPLOYEE BORN AFTER HIS DEATH AND RETIRING PARENTS AND GRANDPARENTS WHO ARE LIKELY TO BE DEPENDENT ON THE EARNINGS OF THE DECEASED.

THE

CURRENT DEFINITION OF 'DEPENDANTS' DEPENDENCY AT THE TIME OF THE EMPLOYEE'S DEATH.

IS CONFINED TO

THAT

UNDER THE PROPOSED BILL, THE LEVELS OF PENALTY FOR VARIOUS OFFENCES UNDER THE PRINCIPAL ORDINANCE WILL BE REVISED SO OFFENCES OF SIMILAR GRAVITY WILL CARRY THE SAME MAXIMUM PENALTY.

MR CHAN EXPLAINED: "THE REALIGNMENT IS NECESSARY BECAUSE THE PROSECUTABLE OFFENCES WERE BROUGHT IN AT DIFFERENT TIMES BY VARIOUS AMENDMENT ORDINANCES WHICH SET DIFFERENT MAXIMUM PENALTIES.

AT

"AFTER THIS REVISION, THE MAXIMUM FINES WOULD BE SET UNIFORMLY $5,000, $10,000 AND $20,000, DEPENDING ON THE SEVERITY OF THE

OFFENCES.

"THE MAXIMUM FINE OF $50,000 WOULD BE RETAINED FOR THE MOST SERIOUS OFFENCES OF FAILING TO SECURE INSURANCE COVER OR TO PRODUCE AN INSURANCE POLICY FOR INSPECTION.

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THE EXISTING PENALTIES INVOLVING CUSTODIAL SENTENCES WOULD NOT BE AFFECTED BY THE AMENDMENT BILL, HE ADDED.

MR CHAN ALSO INTRODUCED A NUMBER OF MINOR PRINCIPAL ORDINANCE. THESE INCLUDE:

AMENDMENTS TO THE

* CLARIFY THE TIME LIMITS WITHIN WHICH AN EMPLOYER MUST EFFECT COMPENSATION PAYMENT TO HIS EMPLOYEE OR ENTER INTO AN AGREEMENT OF COMPENSATION WITH HIM;

*

*

MR

ALLOW AN EMPLOYER TO INCREASE THE AMOUNT OF ADVANCE PAYMENT IN DESERVING CASES AND DEDUCT IT AFTERWARDS FROM THE FINAL COMPENSATION THAT THE COURT OR THE COMMISSIONER FOR LABOUR MAY ORDER;

EXTEND THE APPLICATION OF THE ORDINANCE ΤΟ AN EMPLOYEE INJURED WHILE WORKING FOR A FOREIGN EMPLOYER OUTSIDE HONG KONG, IF THAT FOREIGN EMPLOYER VOLUNTARILY SUBMITS HIS CASE TO THE JURISDICTION OF THE HONG KONG COURT;

ENABLE AN ORDINARY ASSESSMENT BOARD TO ASSESS THE OVERALL PERIOD OF ABSENCE FROM DUTY NECESSARY AS A RESULT OF THE INJURY; AND

PROVIDE THAT COMPENSATION PAYABLE UNDER THE ORDINANCE TO A LEGALLY AIDED PERSON IS SUBJECT то THE FIRST CHARGE PROVISION IN THE LEGAL AID ORDINANCE.

CHAN SAID THE PROPOSED AMENDMENTS HAD THE SUPPORT OF THE LABOUR ADVISORY BOARD.

DEBATE ON THE BILL WAS ADJOURNED.

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