TNAG-0966-FCO40-1185-Legislation-for-employment-in-Hong-Kong-1980 — Page 125

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Ord. No. 44/80

WORKMEN'S COMPENSATION (AMENDMENT)

HONG KONG

No. 44 OF 1980

I assent.

Short title and

commencement.

Amendment of long title. (Cap. 282.)

Amendment of section 2.

Repeal and replacement of sections

6 and 7.

L.S.

MURRAY MACLEHOSE,

Governor.

10 July 1980.

An Ordinance to amend the Workmen's Compensation Ordinance.

[

]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. (1) This Ordinance may be cited as the Workmen's Compensation (Amendment) Ordinance 1980.

(2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazette, and notices under this section may appoint different dates for different provisions of this Ordinance.

2. The long title to the principal Ordinance is amended by deleting “workmen” and substituting the following-

"employees".

3. Section 2(1) of the principal Ordinance is amended by deleting paragraph (a).

4. Sections 6 and 7 of the principal Ordinance are repealed and replaced by the following-

"Compensation

in fatal cases.

6. (1) Where death results from the injury, if the employee leaves any dependants wholly dependent on his earnings, the amount of compensation shall be

(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 less;

(b) 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 subsec- tion (1) shall in no case be less than $56,000.

(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.

WORKMEN'S COMPENSATION (AMENDMENT)

Compensation

in case of permanent total in- capacity.

5.

Ord. No. 44/80

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(4) Where death results from the injury, if the employee 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 subsections (1), (2) and (3), as may be determined by the Court to be reasonable and proportionate to the injury 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 on the deceased 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-

(a) 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 less;

(b) 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 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 Amendment of subsection (4) and substituting the following—

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

section 8.

heading to Part IIIA.

6. The heading to Part IIIA of the principal Ordinance is amended Amendment of by deleting "PROSTHESIS" and substituting the following—

"PROSTHESES".

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

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""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 is amended-

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

following-

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

fitted is--

(i) 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".

Amendment of

section 36B.