1964_PNEUMOCONIOSIS_(COMPENSATION)_ORDINANCE — Page 27

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CAP. 360]

2N3879 1889

Pneumoconiosis (Compensation)

[1986 Ed.

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 $341,000, whichever is the less.

4. $485,000

Compensation payable under section 6(1) and this Part shall in no case be less than $44,000. $163,000

(Amended, L.N. 80/83 and L.N. 322/85)

PART III

1. Compensation for Temporary Incapacity

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 proportionate 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;

(b) when the permanent incapacity of the person is determined under section 24(1);

(c) after a period of 24 months from the date of the temporary incapacity; or

(d) when the person dies,

whichever is the earlier.

9. Where a person in respect of periodical payments under this Part intends to leave Hong Kong for the purpose of residing elsewhere, he shall give notice of such intention to the Board which shall redeem such periodical payments and determine the amount to be paid:

Provided that any lump sum so paid together with the periodical payments already made to the person shall not exceed the lump sum which would be payable in respect of the same degree of incapacity under section 6, if the incapacity were permanent.