TNAG-0966-FCO40-1185-Legislation-for-employment-in-Hong-Kong-1980 — Page 73

Consequential amendments. (Cap. 282.)

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(c) records to be kept by employers, contractors and authorized

persons or by quarry operators;

(d) prescribing procedure and fees;

(e) any matter which is to be or may be prescribed;

(f) generally for the better carrying out of the provisions and

purposes of this Ordinance.

48. (1) The Workmen's Compensation Ordinance is amended, in section 36--

(

(Cap. 89.)

(Cap. 89, sub. leg.)

Repeal.

(45 of 1978.)

(a) by deleting "Nothing" and substituting the following-

"(1) Subject to subsection (2), nothing"; and

(b) by inserting, after subsection (1), the following-

"(2) Subsection (1) shall not apply to any incapacity resulting from pneumoconiosis in respect of which compensa- of 1980.) tion is recoverable under the Pneumoconiosis (Compensation)

Ordinance 1980.".

(2) Section 18(6) of the Pensions Ordinance is amended--

(a) by inserting after "Ordinance" in the first place where it occurs

the following-

"or section 2 of the Pneumoconiosis (Compensation) Ordin- ance 1980"; and

(b) by deleting "that Ordinance" and substituting the following—

"those Ordinances".

(3) Regulation 31(6) of the Pensions Regulations is amended by inserting after "Ordinance" the following-

"or the Pneumoconiosis (Compensation) Ordinance 1980".

49. The Workmen's Compensation (Amendment) (No. 2) Ordinance 1978 is repealed.

1.

FIRST SCHEDULE

[ss. 5, 6, 10, [11 & 40.]

AMOUNTS OF COMPENSATION

PART I

Compensation for Death

In the case of a person under 40 years of age at the date of death,

a lump sum equal to 84 months' earnings or $147,000, whichever is the less.

2,

In the case of a person of or over 40 years of age but under 56 years of age at the date of death, a lump sum equal to 60 months' earings or $147,000, whichever is the less.

3. In the case of a person of or over 56 years of age at the date of death, a lump sum equal to 36 months' earnings or $147,000, whichever

is the less.

4. Compensation payable under section 5 and this Part shall in no case be less than $49,000.

5.

For the purposes of section 5(5), the amount of burial expenses shall not exceed a total of $2,000.

PART II

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Compensation for Permanent Total Incapacity

1. In the case of a person under 40 years of age at the date of incapacity, a lump sum equal to 96 months' earnings or $168,000, which- ever is the less.

2. In the case of a person of or over 40 years of age but under 56 years of age at the date of incapacity, a lump sum equal to 72 months' earnings or $168,000, whichever is the less.

3. In the case of a person of or over 56 years of age at the date of incapacity, a lump sum equal to 48 months' earnings or $168,000, whichever is the less.

4. Compensation payable under section 6(1) and this Part shall in no case be less than $56,000.

PART III

Compensation for Temporary Incapacity

1. Compensation for temporary incapacity shall be either by way of periodical payments or by way of a lump sum, calculated having regard to the probable duration and probable change in the degree of the incapacity.

2. Such periodical payments shall be, or shall be at the rate propor- tionate to, a monthly payment of two-thirds of the difference between the monthly earnings which the person entitled to the compensation was earning or immediately preceding the date of the temporary incapacity and the monthly earnings which he is earning, or is capable of earning, in some suitable employment or business during the period of temporary incapacity.

3. For the purposes of this Part a period of absence from duty due to pneumoconiosis certified to be necessary by a medical practitioner, or a certificate by a medical practitioner that a person is incapable of taking up any employment for a specified period due to pneumoconiosis, shall be deemed to be a period of total temporary incapacity.

4.

Periodical payments under this Part shall be payable at two- weekly intervals or at such shorter intervals as the Commissioner may direct.

5. In the event of death or permanent incapacity following a period of temporary incapacity, whether total or partial, no periodical or lump sum payments paid or payable under this Part shall be deducted from any amount of compensation payable under section 5, 6 or 11.

6. In fixing the amount of the periodical payment, any payment, allowance or benefit which the person may receive from his employer during the incapacity shall be taken into consideration.

7. On the ceasing of the temporary incapacity before the date on which any periodical payment falls due, there shall be payable in respect of that period a sum proportionate to the duration of the incapacity in that period.

8.

Without prejudice to paragraph 10, periodical payments under this Part shall cease-

(a) when the person resumes employment and his earnings are not less than the earnings which he was obtaining before the date of the temporary incapacity;