TNAG-0646-FCO40-794-Application-of-international-labour-conventions-to-Hong-Kong-1977 — Page 15

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

ARTICLE I

Each Member of the International Labour Organisation which ratifies this Con- vention undertakes to ensure that workmen who suffer personal injury due to an industrial accident, or their dependants, shall be compensated on terms at least equal to those provided by this Convention.

ARTICLE 2

I. The laws and regulations as to workmen's compensation shall apply to workmen, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private.

2. It shall nevertheless be open to any Member to make such exceptions in its national legislation as it deems necessary in respect of:

(a) persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer's trade or business;

(b) out-workers;

(c) members of the employer's family who work exclusively on his behalf and who live in his house;

(d) non-manual workers whose remuneration exceeds a limit to be determined by national laws or regulations.

Please give an analysis of the provisions of the laws and regulations which determine the scope of application of the legislation or system of legislation concerning workmen's compensation for accidents or accident insurance applying to workmen, employees and apprentices covered by Article 2 of the Convention.

If advantage has been taken of the exceptions provided for in the second paragraph of this Article, please indicate :

(a) the definition of employment which is of a casual nature and is not for the purpose of the employer's trade or business;

(b) the definition of out-workers;

(c) the persons who are considered as members of the employer's family;

(d) the limit of remuneration fixed by national legislation in order to determine the sphere of the application to non-manual workers.

ARTICLE 3

This Convention shall not apply to-

(1) seamen and fishermen for whom provision shall be made by a later Convention; (2) persons covered by some special scheme, the terms of which are not less favourable than those of this Convention.

If advantage has been taken of the exception provided for in paragraph 2 of this Article, please indicate the categories of persons exempted because they are covered by some special scheme the terms of which are not less favourable than those of the Convention, and give a list of the laws, regulations and statutes relating to the protection of such persons in case of accident, forwarding the texts of the said laws, regulations or statutes with this report where this has not already been done.

ARTICLE 4

This Convention shall not apply to agriculture, in respect of which the Convention concerning workmen's compensation in agriculture adopted by the International Labour Conference at its Third Session remains in force.

ARTICLE 5

The compensation payable to the injured workman, or his dependants, where permanent incapacity or death results froin the injury, shall be paid in the form of

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