TNAG-0966-FCO40-1185-Legislation-for-employment-in-Hong-Kong-1980 — Page 143

A258

Ord. No. 51/80

(Cap. 177.)

Compensation

for death.

First

Schedule.

First Schedule, Part I.

First Schedule, Part I.

PNEUMOCONIOSIS (COMPENSATION)

(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 been engaged in a place outside Hong Kong.

(4) Notwithstanding subsection (1), compensation shall be payable to 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 his dependants proves to the satisfaction of the Commissioner that he contracted pneumoconiosis in Hong Kong which resulted 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

(b) 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 pneumoconiosis 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 has 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 a sum which would have been paid in accordance with subsection (1) had he 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.

(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 (1) or (2), as may be assessed by the Commissioner to be reasonable having regard to the extent of the dependence of such dependants.

(5) 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.

6.

PNEUMOCONIOSIS (COMPENSATION)

Ord. No. 51/80

A259

(1) Where permanent total incapacity results from pneumoconiosis, Compensation the amount of compensation shall be in accordance with Part II of the for permanent First Schedule.

incapacity. First Schedule,

(2) Where permanent partial incapacity results from pneumoconiosis, Part II. 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 earning capacity permanently caused by pneumoconiosis in any employment which the person was capable of undertaking immediately before the date of incapacity.

compensation

7. (1) Where the Pneumoconiosis Medical Board determines under section 24 that the permanent partial incapacity has resulted from pneumo- for permanent coniosis, the person shall elect that compensation be paid to him-

Payment of

(a) in a lump sum under section 8; or (b) in 2 instalments under section 9.

partial incapacity.

(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.

(3) 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 he 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 elect within 1 month of the Commissioner explaining the effect of the elected, he shall be deemed to have elected that compensation be paid to him in a lump sum under section 8.

8. (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 respect of

(a) the degree of permanent partial incapacity assessed under section incapacity in

24(1); and

(b) any greater degree of permanent partial incapacity assessed under

section 24(3).

(2) Where the aggregate percentage of the permanent incapacity referred to in paragraphs (a) and (b) 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 entitled to compensation in respect of any other permanent or temporary incapacity or the death of the person resulting from pneumoconiosis.

compensation for permanent partial

a lump sum.

9. (1) A person who has elected under section 7(1)(b) for payment Payment of of compensation in 2 instalments shall be paid compensation-

compensation for permanent

incapacity in 2 instalments.

(a) on the first occasion in respect of the degree of permanent partial partial

incapacity assessed under section 24(1); and

(b) on the second occasion in respect of the additional degree of permanent partial incapacity, if any, assessed under section 24(4). (2) Except where in any particular case the Commissioner authorizes the payment of compensation under subsection (1)(b) at an carlier date, such payment shall be made at any time after the expiry of 6 years from the date of incapacity.