1964_PNEUMOCONIOSIS_(COMPENSATION)_ORDINANCE — Page 13

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 360]

Pneumoconiosis (Compensation)

[1986 Ed.

PART III

Claims for compensation.

Claims for ASSESSMENT AND PAYMENT OF COMPENSATION

14. (1) Where a person-

(a) suffers any incapacity and wishes to claim compensation he shall; (Amended, 15 of 1986, s. 2)

(aa) suffers any incapacity but dies from a cause other than pneumoconiosis and any dependant wishes to claim compensation, the dependant shall; or (Added, 15 of 1986, s. 2)

(b) dies as a result of pneumoconiosis and any dependant wishes to claim compensation, the dependant shall,

as soon as practicable notify the Commissioner in such form as the Commissioner may specify of such incapacity or death, as the case may be.

(2) On receipt of a notice under subsection (1) or where the Commissioner is otherwise notified of such death, he may-

(a) in the case of the death of a person-

(i) make such inquiry as he thinks fit to ascertain whether the deceased person died as a result of pneumoconiosis and, if so, whether there are any dependants of the deceased person and, if so, the degree of their dependency;

(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; (Added, 15 of 1986, s. 2)

(ii) inform such dependants, if any, of the cause and circumstances of the death of the person and advise them of their right to compensation; and

(iii) if such dependants, or any of them, so wish, pursue a claim for compensation on their behalf; or

(b) in the case of the incapacity of the person, if the person so requests, pursue a claim for compensation on behalf of the person.

(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 Pneumoconiosis Medical Board determine-

(i) whether the death resulted from pneumoconiosis; and

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CAP. 360] Pneumoconiosis (Compensation) [1986 Ed. PART III Claims for compensation. Claims for ASSESSMENT AND PAYMENT OF COMPENSATION 14. (1) Where a person- (a) suffers any incapacity and wishes to claim compensation he shall; (Amended, 15 of 1986, s. 2) (aa) suffers any incapacity but dies from a cause other than pneumoconiosis and any dependant wishes to claim compensation, the dependant shall; or (Added, 15 of 1986, s. 2) (b) dies as a result of pneumoconiosis and any dependant wishes to claim compensation, the dependant shall, as soon as practicable notify the Commissioner in such form as the Commissioner may specify of such incapacity or death, as the case may be. (2) On receipt of a notice under subsection (1) or where the Commissioner is otherwise notified of such death, he may- (a) in the case of the death of a person- (i) make such inquiry as he thinks fit to ascertain whether the deceased person died as a result of pneumoconiosis and, if so, whether there are any dependants of the deceased person and, if so, the degree of their dependency; (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; (Added, 15 of 1986, s. 2) (ii) inform such dependants, if any, of the cause and circumstances of the death of the person and advise them of their right to compensation; and (iii) if such dependants, or any of them, so wish, pursue a claim for compensation on their behalf; or (b) in the case of the incapacity of the person, if the person so requests, pursue a claim for compensation on behalf of the person. (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 Pneumoconiosis Medical Board determine- (i) whether the death resulted from pneumoconiosis; and
Baseline (Original)
12 CAP. 360] Pneumoconiosis (Compensation) [1986 Ed. PART III Claims for compensation. Claims for ASSESSMENT AND PAYMENT OF COMPENSATION 14. (1) Where a person- (a) suffers any incapacity and wishes to claim compensation he shall; (Amended, 15 of 1986, s. 2) (aa) suffers any incapacity but dies from a cause other than pneumoconiosis and any dependant wishes to claim com- pensation, the dependant shall; or (Added, 15 of 1986, s. 2) (b) dies as a result of pneumoconiosis and any dependant wishes to claim compensation, the dependant shall, as soon as practicable notify the Commissioner in such form as the Commissioner may specify of such incapacity or death, as the case may be. (2) On receipt of a notice under subsection (1) or where the Commissioner is otherwise notified of such death, he may- (a) in the case of the death of a person- (i) make such inquiry as he thinks fit to ascertain whether the deceased person died as a result of pneu- moconiosis and, if so, whether there are any dependants of the deceased person and, if so, the degree of their dependency; (ia) where the death is from a cause other than pneu- moconiosis, 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; (Added, 15 of 1986, s. 2) (ii) inform such dependants, if any, of the cause and circumstances of the death of the person and advise them of their right to compensation; and (iii) if such dependants, or any of them, so wish, pursue a claim for compensation on their behalf; or (b) in the case of the incapacity of the person, if the person so requests, pursue a claim for compensation on behalf of the person. (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 Pneumocon- iosis Medical Board; and (b) in the case of the death of a person, request that the Pneumoconiosis Medical Board determine- (i) whether the death resulted from pneumoconiosis; and
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12

CAP. 360]

Pneumoconiosis (Compensation)

[1986 Ed.

PART III

Claims for compensation.

Claims for ASSESSMENT AND PAYMENT OF COMPENSATION

14. (1) Where a person-

(a) suffers any incapacity and wishes to claim compensation

he shall; (Amended, 15 of 1986, s. 2)

(aa) suffers any incapacity but dies from a cause other than pneumoconiosis and any dependant wishes to claim com- pensation, the dependant shall; or (Added, 15 of 1986, s. 2)

(b) dies as a result of pneumoconiosis and any dependant

wishes to claim compensation, the dependant shall,

as soon as practicable notify the Commissioner in such form as the Commissioner may specify of such incapacity or death, as the case may be.

(2) On receipt of a notice under subsection (1) or where the Commissioner is otherwise notified of such death, he may-

(a) in the case of the death of a person-

(i) make such inquiry as he thinks fit to ascertain whether the deceased person died as a result of pneu- moconiosis and, if so, whether there are any dependants of the deceased person and, if so, the degree of their dependency;

(ia) where the death is from a cause other than pneu- moconiosis, 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; (Added, 15 of 1986, s. 2)

(ii) inform such dependants, if any, of the cause and circumstances of the death of the person and advise them of their right to compensation; and

(iii) if such dependants, or any of them, so wish, pursue a claim for compensation on their behalf; or

(b) in the case of the incapacity of the person, if the person so requests, pursue a claim for compensation on behalf of the person.

(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 Pneumocon- iosis Medical Board; and

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

Pneumoconiosis Medical Board determine-

(i) whether the death resulted from pneumoconiosis;

and

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