TNAG-0966-FCO40-1185-Legislation-for-employment-in-Hong-Kong-1980 — Page 64

(Cap. 165.)

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"earnings" include any remuneration or profit derived from an employ- ment, and for the purposes of this Ordinance earnings and the amount of earnings shall be calculated or estimated in such manner and on such basis as may be prescribed;

"employer" includes Her Majesty in Her Government of Hong Kong and

any body of persons corporate or incorporate;

"employment" includes any self-employment in any trade, business or

profession;

"financial year" means the period fixed by the Board under section 29;

"Fund" means the Pneumoconiosis Compensation Fund established by

section 27;

"hospital" means any hospital registered under the Hospitals, Nursing Homes and Maternity Homes Registration Ordinance or maintained by the Crown;

"incapacity" means incapacity resulting from pneumoconiosis; "levy" means the levy imposed under section 35;

"medical expenses" means all or any of the following expenses incurred

in respect of the medical treatment of a person-

(a) the fees of a medical practitioner;

(b) the fees for any surgical or therapeutic treatment;

(c) the cost of nursing attendance;

(d) the cost of hospital accommodation as an in-patient;

(e) the cost of medicines, curative materials and medical dressings; "medical treatment", in relation to a person who has contracted pneumo- coniosis, means medical treatment of any kind whatsoever given to the person by, or under the supervision of, a medical practitioner, whether as an in-patient or otherwise;

"member of the family" means-

(a) a wife, husband, father, mother, grandfather, grandmother, step- father, stepmother, son, daughter, grandson, granddaughter, step- son, stepdaughter, brother, sister, half-brother, half-sister, daughter- in-law or sister-in-law and any such person is included whether the relationship is created by blood or by any adoption recognized as valid by the law of Hong Kong; and

(b) any other person who at the date of incapacity resides with the incapacitated person as a member of his household, including a woman who, at such date was living with the person as his wife; "partial incapacity" means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of a person in any employment in which he was engaged at the time he is found to have contracted pneumoconiosis, and, where the incapacity is of a permanent nature, such incapacity as reduces his earning capacity in any employ- ment which he was capable of undertaking at that time;

"pneumoconiosis" means—

(a) fibrosis of the lungs due to dust of free silica or dust containing free silica, whether or not such disease is accompanied by tuberculosis of the lungs, or any other disease of the pulmonary or respiratory organs caused by exposure to such dust; or

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(b) fibrosis of the lungs due to dust of asbestos or dust containing asbestos, whether or not such disease is accompanied by tuber- culosis of the lungs, or any other disease caused by exposure to such dust;

"Pneumoconiosis Medical Board" means the Pneumoconiosis Medical

Board appointed under section 22;

"quarry operator" means-

(a) in relation to a Government quarry, the person managing or in

charge of that quarry;

(b) in relation to a quarry other than a Government quarry, the

person operating that quarry;

(c) in relation to a stone crushing plant, the person operating thai

stone crushing plant;

"total incapacity" means such incapacity whether of a temporary or per- manent nature as incapacitates a person from any employment which he was capable of undertaking at the time he is found to have contracted pneumoconiosis;

"value" means in relation to construction works and to any quarry, the value of the construction works and the quarry products assessed under or in accordance with regulations made under section 47.

(2) Save where the context otherwise requires, any reference to a person who contracts pneumoconiosis shall, where the person is dead, include a reference to his legal personal representative, or to his dependants or any of them or the Official Administrator or such other officer as the Governor may appoint to act on behalf of the dependants of the person.

3. This Ordinance shall be binding on the Crown.

4.

PART II

COMPENSATION

Application to the Crown.

(1) Subject to subsections (2), (3) and (4) and except where other- Entitlement to wise provided, compensation shall be payable to any person resident in compensation. Hong Kong for 5 years of more (whether before or after the commence- ment of this Part) in respect of any total or partial incapacity, whether of a permanent or temporary nature, resulting from pneumoconiosis; and where any such person dies as a result of pneumoconiosis, compensation shall be payable to his dependants.

(2) Compensation shall be payable under subsection (1) only where the date of incapacity or date of death occurs on or after the date of commencement of this Part.

(3) No compensation shall be payable-

(a) where ex gratia compensation has been or will be paid by the Government for any incapacity or death resulting from pneumo- coniosis diagnosed before the date of commencement of this Part;

(b) to a person in respect of incapacity, other than incapacity of a permanent nature, which does not incapacitate the person for a period exceeding 3 consecutive days from earning full wages or salary at the work at which he was employed;