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5. Part III sets out the machinery for claiming compensation, the assessment of compensation and the payment thereof. Provision is also made for appeals. Clauses 14 and 15 provide for claims to be notified to the Commissioner for Labour, who will assess compensation and issue a certificate showing the amount to be paid. The certificate is sent to the Board administering the Pneumoconiosis Compensation Fund, which will then pay the compensation to the claimant. Clause 17 provides for the distribution of compensation among the dependants of a person who has died from pneumoconiosis. Under clause 18 claims for compensation must be made within 24 months of the date of incapacity or date of death. Clause 19 provides for the Fund Board to pay compensation from the Fund to the Government where a Government servant, who would other- wise be entitled to claim compensation, instead receives a disability pension from the Government. Clause 20 provides for appeals from any decision of the Commissioner or the Fund Board to go to the District Court. Clause 21 enables the Commissioner, the Fund Board or the District Court to submit questions of law to the Court of Appeal.
6. Part IV deals with medical examinations. Clause 22 establishes a Pneumoconiosis Medical Board. Under clause 23, the Medical Board is empowered to examine any person suspected to be suffering from pneumoconiosis. Clause 24 requires the Medical Board to determine whether a person has pneumoconiosis and if so whether permanent or temporary total or partial incapacity has resulted. The Medical Board is also required to determine the date of incapacity and to assess the degree of incapacity. In cases of death, the Medical Board is required to deter- mine whether the death resulted from pneumoconiosis. Provision is made for the Medical Board to review its findings following an objection to those findings. A person aggrieved by the Board's decision on a review can appeal to the District Court.
7. Part V establishes the Pneumoconiosis Compensation Fund Board, which will be responsible for administering the Fund and for making recommendations concerning the rate of levy.
8.
Part VI sets up the Pneumoconiosis Compensation Fund. The Fund, which will be financed generally by levies on the construction and quarry industries and contributions by the Government, will be used to pay compensation, damages, medical expenses and medical examination fees. Part VI also contains provisions dealing with estimates, to be prepared by the Fund Board, for the Fund, bank accounts, the investment of funds, accounts, audit and statements.
9 Part VII provides for a levy on the value of construction works and quarry products. The levy, which is to be fixed by resolution of the Legislative Council, is to be paid by every contractor who undertakes construction works and by every quarry operator. The levy is to be paid to the Board within a time to be prescribed. Late payment will result in the imposition of a surcharge. Unpaid levies and surcharges will be recoverable in the District Court.
10. Part VIII contains miscellaneous provisions. Clause 40 empowers the Legislative Council to amend the amounts of compensation by resolu- tion. Clause 41 provides that compensation is not to be assigned, charged or attached. Clause 42 enables the Commissioner for Labour to obtain information for the purposes of assessing compensation. Clauses 43 and 44 deal with evidentiary matters. Clause 45 makes it an offence to make false statements. Clause 46 confers jurisdiction on the District Court to hear an action for compensation, even where the amount claimed exceeds its civil jurisdiction. Clause 47 empowers the Governor in Council to make regulations. Clause 48 makes minor amendments to the Workmen's Compensation Ordinance and the Pensions Ordinance. Clause 49 repeals the Workmen's Compensation (Amendment) (No. 2) Ordinance 1978.
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11. The First Schedule sets out the amounts of compensation payable for death and incapacity. The Second Schedule contains provisions relating to the payment of medical expenses under clause 12. The Third Schedule contains provisions relating to the Pneumoconiosis Compensation Fund
Board.
12. Financial and staffing implications: The proposed legislation will necessitate an increase in Government staff at an estimated annual cost of $1.2 million and in other recurrent expenditure of about $80,000 per year. Special expenditure is estimated at $140,000. The Government's annual contribution in respect of the levy is estimated at $30,000 per year. Ex gratia payments prior to the commencement of new legislation are estimated at about $72 million.
一九八○年肺塵埃沉着病(賠償)法案
摘要說明
本法案規定設立肺塵埃沉着病(以下簡稱肺塵病)賠償計劃,使因該病 而殘廢之人士,及患該病致死者生前所供養之人士,皆可獲得賠償,其數額與勞工 賠償額相同。是項賠償由肺塵病賠償基金撥款支付,而該基金之經費則賴當局向建 築業及採石業所徵收捐維持,至於管理事宜則由基金委員會負責。該計劃取代一 九七八年勞工賠償(修訂)(第二號)條例所建議之計劃。
二、 法案第一步爲總則。法案第一條規定:本法案之各項條文,可在不同日 期開始實施。法案第二條載有各項定義。法案第三條規定政府須受本法案約束,故 政府須向肺塵病賠償基金撥付捐稅。
三、 法案第二部乃關於聲請賠償者之資格、賠償之數額、及根據習慣法索取 之賠償等。法案第四條規定:凡在本港居住五年或以上,而於本法案實施後因肺塵 病而殘廢或死亡者,其本人或其生前供養之人士,皆可獲賠償。至於在本法案實施 前染上該病者,則由政府給予特惠賠償。法案第五至第十條及附表一乃關於因肺塵 病而死亡、永久完全殘廢、永久局部殘廢或暫時殘廢可得之賠償額。因永久局部殘 廢而獲得賠償之聲請者,可選擇一次過支取賠款或分兩期支取。法案第十一條規定 因永久完全殘廢而需人不斷照顧者之賠償,而法案第十二條及附表二則規定給予 療費用。
四、 法案第十三條規定:凡因患肺塵病而致殘廢或死亡者,其根據習慣法索 償之權利不受本法案影响。倘該種賠償已付出或待付者,則所需款項,包括利息及 訴訟費在內,皆由肺塵病賠償基金撥款支付,但該基金只在下列情况下須負責賠償: 基金委員會接獲被索償人士之通知,而該人士已採取一切合理步骤協助委員會調查 有關聲請。又如被索償人士未經基金委員會同意而自行承認責任,則該基金亦毋須 負責賠償。有關人士已向基金索囘賠款或已獲基金支付賠款,則須負責賠償之人 士所享權利與可得補償,均歸基金委員會所有。評定賠償額時,應將根據本法案已 付出或應付之數額計算在內。
五、 法案第三部開列聲請賠償之程序、評定賠償額之方法及付款辦法,並對 上訴作出規定。法案第十四及第十五條規定須將有關聲請通知勞工處處長,而該處 長須評定賠償額及發出賠償額證明書。該證明書須送往負責管理肺塵病賠償基金之 委員會,而賠償則由該基金支付與聲請人。法案第十七條規定肺塵病死者生前所供 養人士應得賠償之分配辦法。法案第十八條規定:聲請賠償必須在殘廢或死亡日期 起之廿四個月內進行。法案第十九條規定:如有公務員因接受政府之殘廢長俸而未
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