TNAG-1545-FCO40-2109-Hong-Kong-legislation-for-public-health-and-urban-services-1986 — Page 98

A110

Short title.

Amendment of section 14. (Cap. 360.)

Amendment of section 17.

Ord. No. 15/86 PNEUMOCONIOSIS (COMPENSATION) (AMENDMENT)

L.S.

HONG KONG

No. 15 OF 1986

I assent.

Edward YOUDE,

Governor.

24 April 1986

An Ordinance to amend the Pneumoconiosis (Compensation) Ordinance.

[25 April 1986]

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

1. This Ordinance may be cited as the Pneumoconiosis (Compensation) (Amendment) Ordinance 1986.

2. Section 14 of the principal Ordinance is amended-

(a) in subsection (1)—-

(i) in paragraph (a), by deleting "or"; and

(ii) by inserting after paragraph (a) the following-

"(aa) suffers any incapacity but dies from a cause other than pneumo- coniosis and any dependant wishes to claim compensation, the dependant shall; or";

(b) in subsection (2), by inserting after paragraph (a)(i) the following--

"(ia) where the death is from a cause other than pneumoconiosis, make such inquiry as he thinks fit to ascertain whether there are any dependants of the deceased person, and if so, the degree of their dependency;"; and

(c) by deleting subsection (3) and substituting the following-

"(3) For the purposes of this section the Commissioner may-

(a) arrange for any person who is suspected to be suffering from pneumoconiosis to be examined by the Pneumoconiosis Medical Board; and

(b) in the case of the death of a person, request that the Pneumo-

coniosis Medical Board determine-

(i) whether the death resulted from pneumoconiosis; and (ii) if the Board determines that the death did not result from pneumoconiosis, whether any permanent incapacity, total or partial, had resulted from pneumoconiosis prior to the death.".

Section 17 of the principal Ordinance is amended by deleting subsection (5) and substituting the following-

3.

"(5) Subject to subsection (6), where a person who is entitled to compensa- tion dies, before the payment of any compensation, from a cause other than pneumoconiosis, his dependants shall be entitled to receive the compensation that the deceased person would have been entitled to receive had he lived; and the Commissioner shall apportion such compensation among the dependants as if it were compensation to which subsection (1) applies.

(6) The dependants shall not be entitled to receive compensation under subsection (5) unless the Pneumoconiosis Medical Board has, in relation to the deceased person, issued a certificate under section 24(6) or (8).”.

PNEUMOCONIOSIS (COMPENSATION) (AMENDMENT) Ord. No. 15/86

4.

Section 24 of the principal Ordinance is amended— (a) by inserting after subsection (1) the following---

"(IA) Where a person suffering any incapacity dies from a cause other than pneumoconiosis, the Pneumoconiosis Medical Board shall, if the Commissioner so requests, make a determination and assessment in accordance with subsection (1)(a), (b) and (e) from the records of the medical treatment given to the deceased person.";

(b) in subsection (6)(a), by inserting a comma after “dependant”; (c) in subsection (7), by inserting after “(1),” the following-

“(1A),”; and

(d) in subsection (8), by inserting after "(1)," the following-

"(IA),".

5. Subject to section 4(2) of the principal Ordinance, amendments made by this Ordinance shall apply in the case of the death of a person suffering from pneumo- coniosis who died from a cause other than pneumoconiosis before the commencement of this Ordinance as they apply in the case of such a death which occurs after such

commencement.

Passed by the Hong Kong Legislative Council this 23rd day of April 1986.

LAW Kam-sang,

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LAW Kam-sang,

Clerk to the Legislative Council.

Al11

Amendment of section 24.

Application to deaths prior to

this Ordinance.