1964_EMPLOYEES__COMPENSATION_ORDINANCE — Page 48

1988 Ed.]

Employees' Compensation

[CAP. 282

47

(b) Paragraph (a) shall not apply unless the refusal to undergo the medical examination is evidenced by writing under the hand of the employee. (Added, 19 of 1964, s. 5. Amended, 44 of 1980, s. 15)

Presumption as to cause of occupational disease

34. If an employee who suffers incapacity or dies as a result of an occupational disease was within the period specified opposite to that disease in the fourth column of the Second Schedule immediately preceding such incapacity or death employed in any trade, industry or process specified opposite to that disease in the third column of that Schedule, it shall be presumed, until the contrary is proved, that such disease was due to the nature of such employment. (Added, 19 of 1964, s. 5. Amended, 55 of 1969, s. 24 and 44 of 1980, s. 15)

Amendment of Second Schedule

35. The Governor in Council may from time to time by order, which shall be published in the Gazette, amend the Second Schedule. (Added, 19 of 1964, s. 5)

Saving in case of diseases other than occupational diseases

36. (1) Subject to subsection (2), nothing in this Part shall prejudice the right of an employee to recover compensation under this Ordinance in respect of a disease to which this Part does not apply, if the disease is a personal injury by accident within the meaning of section 5. (Added, 19 of 1964, s. 5. Amended, 44 of 1980, s. 15 and 51 of 1980, s. 48)

(2) Subsection (1) shall not apply to any incapacity resulting from pneumoconiosis in respect of which compensation is recoverable under the Pneumoconiosis (Compensation) Ordinance (Cap.360). (Added, 51 of 1980, s. 48)

PART IIIA

PROSTHESES AND SURGICAL APPLIANCES

(Amended, 44 of 1980, s. 6)

Interpretation of Part IIIA

36A. In this Part-

"Board" means the Prostheses and Surgical Appliances Board appointed under section 36M(1); (Added, 44 of 1980, s. 7)

"Director" means the Director of Medical and Health Services; (Added, 44 of 1980, s. 7)

"prosthesis" means any artificial item which replaces a part of the body removed or amputated as a result of an injury;