TNAG-0966-FCO40-1185-Legislation-for-employment-in-Hong-Kong-1980 — Page 63

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PART V

PNEUMOCONIOSIS COMPENSATION FUND BOARD

Page

25.

26.

Establishment of Pneumoconiosis Compansation Fund Board Functions and powers of the Board

15

15

...

PART VI

FINANCIAL PROVISIONS

27.

Establishment of Pneumoconiosis Compensation Fund

16

28.

Payments by the Board from the Fund

16

29.

Estimates and financial year

16

30.

Bank account

16

31.

Investment of funds

16

32.

Accounts

16

33.

Auditors

17

34.

Statements and reports to be laid on table of Legislative Council

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PART VII

LEVY

35.

36.

Imposition of levy

Rate of levy

37.

Payment of levy and surcharge

38.

Recovery of levy

39.

Evasion of payment of levy

17

17

17

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PART VIII

MISCELLANEOUS

40.

Variation of compensation limits and daily rates for medical

expenses

18

41.

Compensation not to be assigned, charged or attached

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42.

Supply of particulars

18

43.

Evidence by certificate etc.

18

44.

Authentication, and production in evidence of documents

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45.

False statements

19

46.

Jurisdiction of Court

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47.

Regulations

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48.

Consequential amendments

20

49.

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Repeal

First Schedule

Second Schedule

Third Schedule

22 23

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A BILL

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Establish a scheme for compensating persons or their dependants in respect of incapacity or death resulting from pneumoconiosis and for purposes connected therewith.

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

PART I

PRELIMINARY

1. (1) This Ordinance may be cited as the Pneumoconiosis (Com- Short title and pensation) Ordinance 1980.

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

ance.

2.

(1) In this Ordinance, unless the context otherwise requires- "Board" means the Pneumoconiosis Compensation Fund Board established

under section 25;

"Commissioner" means the Commissioner for Labour;

"compensation" means compensation as provided by this Ordinance; "construction works" has the meaning assigned to it in section 2(2) of the

Industrial Training (Construction Industry) Ordinance;

"contractor" has the meaning assigned to it in section 2(1) of the Industrial

Training (Construction Industry) Ordinance;

"Court" means the District Court;

"date of incapacity" means—

(a) in the case of temporary incapacity, the date specified in a the date on medical certificate issued under section 10(2) as which the temporary incapacity commenced;

(b) in the case of permanent incapacity, the date specified in a certificate issued under section 24(6) or (8) as the date on which the permanent incapacity commenced;

"dependants" means those members of the family of a person who were wholly or in part dependent upon his earnings at the time of his death, or would but for the incapacity have been so dependent, and, where the person, being the parent or grandparent of an illegitimate child, leaves such child so dependent upon his earnings, or being an illegitimate child, leaves a parent or grandparent so dependent upon his earnings, shall include such an illegitimate child or parent or grandparent respectively;

Provided that a person shall not be deemed to be a partial dependant of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessaries of life suitable for persons in his class and position;

commencement.

Interpretation.

(Cap. 317.)