PNEUMOCONIOSIS (COMPENSATION) ORDINANCE

PNEUMOCONIOSIS (COMPENSATION) ORDINANCE

LAWS OF HONG KONG

PNEUMOCONIOSIS (COMPENSATION) ORDINANCE

CHAPTER 360





CHAPTER 360

PNEUMOCONIOSIS (COMPENSATION) ORDINANCE

ARRANGEMENT OF
SECTIONS

Section Page

PART I

PRELIMINAR
Y

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
3. Application to the Crown ... ... ... ... ... ... ... ... ... ... ... ... 6

PART II

COMPENSATIO
N

4. Entitlement to compensation ... ...... ... ... ... ... ... ... ... ... 6
5. Compensation for death ... ... ...... ... ... ... ... ... ... ... ... 7
6. Compensation for permanent incapacity... ... ... ... ...
... ... ... ... 8
7. Payment of compensation for permanent partial incapacity ... ... ... ... ... 8
8. Payment of compensation for permanent partial incapacity in a lump sum ... ...
8
9. Payment of compensation for permanent partial incapacity in 2 instalments ...
9
10. Compensation for temporary incapacity... ... ... ... ...
... ... ... ... 9
11. Compensation for constant attention ... ... ... ... ...
... ... ... ... 9
12. Payment of medical expenses ... ...... ... ... ... ... ... ... ... ... 10
13. Common law damages ... ... ... .. 1 ... ... ... ... ... ... 11

PART III

CLAIMS FOR ASSESSMENT AND PAYMENT OF
COMPENSATION

14. Claims for compensation ... ... ... ... ... ... ... ... ... ... ... ... 12
is. Assessment and payment of compensation ... ... ... 1 .. ... ... ... ... 13
16. Persons entitled to payment of compensation ... ... ... ... ... ... ... ... 14
17. Distribution of and payment of compensation ... ... ... ... ... ... ... ... 14
18. Limitation of time for claiming compensation ... ... ... ... ... ... ... ... 15
19. Board to pay compensation to Government in certain circumstances ... ... ... 15
20. Appeals ... ... ... ... ... ... ... ... ... ... ... ... ... . ... ... ... is
21. Power ofthe Commissioner, Board or Court to submit questions of law ... ... 16

PARTIV

MEDICAL
EXAMINATIONS

22. Appointment of Pneumoconiosis Medical Board ... ... ... ... ... ... ... 16
23. Medical examination ... ... ... ... ... ... ... ... ... ... ... ... ... 16
24. Determination of incapacity or cause of death ... ... ... ... ... ... ... ... 16





Section PART V.... Page

PNEUMOCONIOSIS COMPENSATION FUND BOARD

25. Establishment of Pneumoconiosis Compensation Fund Board ... ... ... ... 18

26. Functions and powers of the Board ......... ... ... ... ... ... ... ... 19

PART VI

FINANCIAL PROVISIONS

27. Establishment of Pneumoconiosis Compensation Fund ... ... ... ... ... 19

28. Payments by the Board from the Fund .1 .... ... ... ... ... ... ... 20

29. Estimates and financial year .............. ... ... ... ... ... ... 20

30. Bank account .............................. ... ... ... ... ... 20

31. Investment of funds ....................... ... ... ... ... ... ... ... 20

32. Accounts ............................... ... ... ... ... ... ... ... 20
33. Auditors .................................. ... ... ... ... ... ... ... 21

34. Statements and reports to be laid on table of Legislative Council ... ... ... 21

PART VII

LEVY

35. Imposition of levy ..................... ... ... ... ... ... ... ... 21

36. Rate of levy ........................... ... ... ... ... ... ... ... ... 21

37. Payment of levy and surcharge .......... ... ... ... ... ... ... ... ... 21

38. Recovery of levy ....................... ... ... ... ... ... ... ... ... 22

39. Evasion of payment of levy ............. ... ... ... ... ... ... ... ... 22

PART VIII

MISCELLANEOUS

40. Variation of compensation limits and daily rates for medical expenses ... ... 22

41. Compensation not to be assigned, charged or attached ... ... ... ... ... 23

42. Supply of particulars .................. ... ... ... . ... ... ... 23
43. Evidence by certificate etc . .......... ... ... ... ... ... ... ... ... ...
23

44. Authentication, and production in evidence of documents ... ... ... ... ... 23

45. False statements ....................... ... ... ... ... ... ... ... ... 24
46. Jurisdiction of Court ..................... ... ... ... ... ... ... ... 24
47. Regulations 24

48. Application to deaths prior to commencement of the Pneumoconiosis (Compensa-

tion) (Amendment) Ordinance 1986 ... ... ... ... ... ... ... ... ... 25

First Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 25
Second Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 27






Third Schedule ... ... ... ... ... ... ... ... 1 .. ... ... ... ... ... ... ... 27





CHAPTER 360

PNEUMOCONIOSIS (COMPENSATION)

To establish a scheme for compensating persons or their dependants
in respect of incapacity or death resulting from pneumoconiosis
and

for purposes connected therewith.

[Sections 1, 2, 25 to 34
(inclusive) and 36 and
the Third Schedule 7 November 1980.
Remaining provisions 1 January 1981.1

PART 1

PRELIMINARY

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

2. (1) In this Ordinance, unless the context^ otherwise requires

'Board' means the Pneumoconiosis Compensation Fund Board
established under section 25;

'Commissioner' means the Commissioner for Labour;

'compensation' means compensation as provided by this Ordinance;

'construction works' has the meaning assigned to it in section 2(2) of
the Industrial Training (Construction Industry) Ordinance;

'contractor' has the meaning assigned to it in section 2(1) of the
Industrial Training (Construction Industry) Ordinance;

'Court' means the District Court;

'date of incapacity' means

(a)in the case of temporary incapacity, the date specified in a
medical certificate issued under section 10(2) as the date on
which the temporary incapacity commenced;

(b)in the case of permanent incapacity, the date specified in a
certificate issued under section 24(6) or (8) as the date on
which the permanent incapacity commenced;

'dependants' means those members of the family of a person who were
wholly or in part dependent upon his earnings at the time of his
death, or would but for the incapacity have been so dependent,
and, where the person, being the parent or grandparent of an
illegitimate child, leaves such child so dependent





upon his earnings, or being an illegitimate child, leaves a parent or
grandparent so dependent upon his earnings, shall include such
an illegitimate child or parent or grandparent respectively:

Provided that a person shall not be deemed to be a partial
dependant of another person unless he was dependent partially on
contributions from that other person for the provision of the
ordinary necessaries of life suitable for persons in his class and
position;

,,earnings' include any remuneration or profit derived from an
employment, and for the purposes of this Ordinance earnings and
the amount of earnings shall be calculated or estimated in such
manner and on such basis as may be prescribed;

,,employer' includes Her Majesty in Her Government of Hong Kong
and any body of persons corporate or incorporate;

,,employment' includes any self-employment in any trade, business or
profession;

'financial year' means the period fixed by the Board under section 29;

'Fund' means the Pneumoconiosis Compensation Fund established by
section 27;

'further penalty' means the further penalty payable under section 3
7(1B); B); (Added, 1 of 1983, s. 2)

'hospital' means any hospital registered under the Hospitals, Nursing
Homes and Maternity Homes Registration Ordinance or
maintained by the Crown;

'incapacity' means incapacity resulting from pneumoconiosis;

levy means the levy imposed under section 35;

'medical expenses' means all or any of the following expenses incurred
in respect of the medical treatment of a person

(a) the fees of a medical practitioner;

(b) the fees for any surgical or therapeutic treatment;

(c) the cost of nursing attendance;

(d) the cost of hospital accommodation as an in-patient;

(e)the cost of medicines, curative materials and medical
dressings;

'medical treatment in relation to a person who has contracted
pneurnoconiosis, means medical treatment of any kind whatsoever
given to the person by, or under the supervision of, a medical
practitioner, whether as an in-patient or otherwise;

'member of the family' means

(a)a wife, husband, father, mother, grandfather, grandmother,
stepfather, stepmother, son, daughter, grandson,





granddaughter, stepson, stepdaughter, brother, sister, half-brother,
half-sister, daughter-in-law or sister-in-law and any such person is
included whether the relationship is created by blood or by any
adoption recognized as valid by the law of Hong Kong; and

(b)any other person who at the date of incapacity resides with the
incapacitated person as a member of his household, including a
woman who, at such date was living with the person as his wife;

'partial incapacity' means, where the incapacity is of a temporary nature, such
incapacity as reduces the earning capacity of a person in any employment
in which he was engaged at the time he is found to have contracted
pneumoconiosis, and, where the incapacity is of a permanent nature, such
incapacity as reduces his earning capacity in any employment which he
was capable of undertaking at that time;

'penalty' means the penalty payable under section 37(1A); (Added, 1 of 1983,
s. 2)

'pneumoconiosis' means

(a)fibrosis of the lungs due to dust of free silica or dust containing free
silica, whether or not such disease is accompanied by tuberculosis of
the lungs, or any other disease of the pulmonary or respiratory
organs caused by exposure to such dust; or

(b)fibrosis of the lungs due to dust of asbestos or dust containing
asbestos, whether or not such disease is accompanied by
tuberculosis of the lungs, or any other disease caused by exposure to
such dust;

'Pneumoconiosis Medical Board' means the Pneumoconiosis Medical Board
appointed under section 22;

'quarry operator' means

(a)in relation to a Government quarry, the person managing or in charge
of that quarry;

(b)in relation to a quarry other than a Government quarry, the person
operating that quarry;

(c)in relation to a stone crushing plant, the person operating that stone
crushing plant;

'surcharge' means the surcharge imposable under this Ordinance;

(Added, 1 of 1983, s. 2)

'total incapacity' means such incapacity whether of a temporary or permanent
nature as incapacitates a person from any employment which he was
capable of undertaking at the time he is found to have contracted
pneumoconiosis;

'value' means in relation to construction works and to any quarry, the value of
the construction works and the quarry products





assessed under or in accordance with regulations made under
section 47.

(2) Save where the context otherwise requires, any reference to a
person who contracts pneumoconiosis shall, where the person is dead,
include a reference to his legal personal representative, or to his
dependants or any of them or the Official Administrator or such other
officer as the Governor may appoint to act on behalf of the dependants
of the person.

3. This Ordinance shall be binding on the Crown.

PART II

COMPENSATION

4. (1) Subject to subsections (2), (3) and (4) and except where
otherwise provided, compensation shall be payable to any person
resident in Hong Kong for 5 years or more (whether before or after the
commencement of this Part) in respect of any total or partial incapacity,
whether of a permanent or temporary nature, resulting from
pneumoconiosis; and where any such person dies as a result of
pneumoconiosis, compensation shall be payable to his dependants.

(2) Compensation shall be payable under subsection (1) only
where the date of incapacity or date of death occurs on or after the date
of commencement of this Part.

(3) No compensation shall be payable-

(a)where ex gratia compensation has been or will be paid by the
Government for any incapacity or death resulting from
pneumoconiosis diagnosed before the date of commencement
of this Part;

(b)to a person in respect of incapacity, other than incapacity of a
permanent nature, which does not incapacitate the person for
a period exceeding 3 consecutive days from earning full
wages or salary at the work at which he was employed;

(e)to a person in the service of or formerly in the service of the
Government who---in consequence of incapacity resulting
from pneumoconiosis contracted in the discharge of his
duties, is paid pension or gratuity which would not be
payable if such incapacity were contracted otherwise than in
the discharge of his duties, or in the case of his death, where
such pension or gratuity is paid to his dependants, under any
Ordinance or regulation providing for the grant of such
pension or gratuity;

(d) to members of the armed forces of the Crown;





(e)to a person in the civil employment of Her Majesty, otherwise
than in Her Government of Hong Kong, who has been
engaged in a place outside Hong Kong.

(4) Notwithstanding subsection (1), compensation shall be payable
to a person or his dependants, as the case may be, who, prior to the
date of incapacity or death, was resident in Hong Kong for less than 5
years if such person or any of his dependants proves to the
satisfaction of the Commissioner that he contracted pneumoconiosis in
Hong Kong which resulted in the incapacity or death.

(5) For the purposes of subsection (1), residence in Hong Kong for
5 years or more may be proved

(a)by the production to the Commissioner of the identity card
issued under the Registration of Persons Ordinance to the
person in question; and

(b)by the production of such other evidence as may be required
by the Commissioner.

5. (1) Subject to subsections (2) and (3) and the First Schedule,
where a person dies as a result of pneumoconiosis and leaves any
dependants wholly dependent on his earnings, the amount of
compensation shall be in accordance with Part 1 of the First Schedule.

(2) Subject to subsection (3), where a person, who has been paid
compensation on first assessment in accordance with section 9(1)(a),
dies as a result of pneumoconiosis before he is paid compensation on
second assessment in accordance with that section and leaves any
dependants wholly dependent on his earnings, the amount of
compensation shall be a sum which would have been paid in
accordance with subsection (1) had he died on the date of such first
assessment less the amount of compensation paid on the first
assessment and increased by such amount as the Commissioner
considers appropriate to ensure that the amount of compensation has
retained its value in relation to the general level of prices prevailing in
Hong Kong.

(3) Where compensation has been paid to a person referred to in
subsection (1) or (2) under section 6 there shall be deducted from the
sum payable under subsection (1) or (2) any sums so paid as
compensation.

(4) Where a person referred to in subsection (1) or (2) does not
leave any dependants wholly dependent on his earnings, but leaves
any dependants in part so dependent, the amount of compensation
shall be such sum, not exceeding in any case the amount payable under
subsection (1) or (2), as may be assessed by the Commissioner to be
reasonable having regard to the extent of the dependence of such
dependants.





(5) Where a person referred to in subsection (1) or (2) does not
leave any dependants, the Board shall pay the reasonable expenses of
the burial of the deceased person in accordance with Part 1 of the First
Schedule.

6. (1) Where permanent total incapacity results from
pneumoconiosis, the amount of compensation shall be in accordance
with Part 11 of the First Schedule.

(2) Where permanent partial incapacity results from
pneumoconiosis, the amount of compensation shall be such percentage
of the compensation which would have been payable in the case of
permanent total incapacity under subsection (1) as is proportionate to
the loss of earning capacity permanently caused by pneumoconiosis in
any employment which the person was capable of undertaking
immediately before the date of incapacity.

7. (1) Where the Pneumoconiosis Medical Board determines under
section 24 that the permanent partial incapacity has resulted from
pneumoconiosis, the person shall elect that compensation be paid to
him

(a) in a lump sum under section 8; or

(b) in 2 instalments under section 9.

(2) An election under subsection (1) shall be made in writing in the
presence of the Commissioner, or a public officer authorized in that
behalf by the Commissioner, and such election shall be final.

(3) Before an election is made under subsection (1), the
Commissioner, or a public officer authorized in that behalf by the
Commissioner, shall explain to the person the effect of the election and
he shall be satisfied that the person understands the effect of the
election.

(4) If a person who is required to make an election under
subsection (1), fails to elect within 1 month of the Commissioner
explaining the effect of the election, he shall be deemed to have elected
that compensation be paid to him in a lump sum under section 8.

8. (1) A person who has elected under section 7(1)(a) for the
payment of compensation in a lump sum shall be paid compensation in
respect of

(a)the degree of permanent partial incapacity assessed under
section 24(1); and

(b)any greater degree of permanent partial incapacity assessed
under section 24(3).

(2) Where the aggregate percentage of the permanent incapacity
referred to in subsection (1)(a) and (b) amounts to 100 per cent or more,
compensation in respect of such incapacity shall be paid as if it were
permanent total incapacity.





(3) Where compensation is paid to a person in pursuance of this
section, that person or his dependants, as the case may be, shall not be
entitled to compensation in respect of any other permanent or
temporary incapacity or the death of the person resulting from
pneumoconiosis.

9. (1) A person who has elected under section 7(1)(b) for payment
of compensation in 2 instalments shall be paid compensation

(a)on the first occasion in respect of the degree of permanent
partial incapacity assessed under section 24(1); and

(b)on the second occasion in respect of the additional degree of
permanent partial incapacity, if any, assessed under section
24(4).

(2) Except where in any particular case the Commissioner
authorizes the payment of compensation under subsection (1)(b) at an
earlier date, such payment shall be made at any time after the expiry of 6
years from the date of incapacity.

(3) Application for payment of compensation under subsection
(1)(b) shall be made to the Commissioner at any time after the expiry of
6 years, and before the expiry of 8 years, from the date of incapacity;
but the Commissioner may in any particular case permit such
application to be made before the expiry of such 6 years or after the
expiry of such 8 years.

(4) The amount of compensation payable under subsection (1)(b)
shall be increased by such amount as the Commissioner thinks fit to
ensure that the amount of compensation has retained its value in
relation to the general level of prices prevailing in Hong Kong.

(5) Where compensation is paid to a person under subsection
(1)(a), that person shall not be entitled to any compensation in respect
of temporary incapacity.

10. (1) Where temporary incapacity, whether total or partial, results
from pneumoconiosis, the compensation payable shall be in accordance
with Part 111 of the First Schedule.

(2) No compensation for temporary incapacity shall be payable
under this section unless a certificate is issued by a medical practitioner
stating that a person is suffering from pneumoconiosis and the date on
which the temporary incapacity commenced.

11. (1) Where permanent total incapacity which results from
pneumoconiosis is of such a nature that the person is unable to perform
the essential actions of life without the constant attention of another
person, in addition to any compensation under the other provisions of
this Ordinance, such compensation as the Commissioner considers
necessary to meet the cost-of such constant attention shall be payable
under this section.





(2) Compensation under this section shall be in accordance with
Part IV of the First Schedule.

12. (1) Subject to this section, where a person contracts
pneumoconiosis which results in the total or partial incapacity, whether
of a permanent or temporary nature, of the person, he shall, during such
incapacity, be entitled to medical expenses under this Ordinance for the
medical treatment in respect of pneumoconiosis.

(2) Medical expenses under subsection (1) shall-

(a)be payable in addition to any compensation payable under
this Ordinance;

(b) not be payable-

(i) in respect of the period of incapacity for which no
compensation is payable under section 4(3); or

(ii) where his employer, if any, provides adequate free
medical treatment to the person.

(3) Medical expenses under subsection (1) shall be payable in
accordance with the Second Schedule in respect of the period during
which the person receives medical treatment until

(a)the attending medical practitioner certifies that in his opinion
the person requires no further treatment for pneumoconiosis;

(b)the person becomes entitled to receive compensation for
permanent incapacity, whether total or partial; or

(e) the expiry of 2 years from the date of the incapacity,

whichever is the earliest.

(4) Where a person has paid for any medical treatment received by
him he shall be entitled to recover the medical expenses under this
Ordinance by serving on the Commissioner a request in writing for the
payment of the medical expenses together with a receipt for the
payment for the medical treatment.

(5) On receipt of a request for the payment of medical expenses in
accordance with subsection (4), the Commissioner shall determine
whether or not medical expenses are payable under this Ordinance and
if he determines that medical expenses are payable he shall issue a
certificate to the person and the Board stating the amount of such
medical expenses and thereupon the Board shall within 21 days after
receipt of the certificate, pay from the Fund to the person the amount
shown in the certificate.

(6) A certificate purporting to be issued under subsection (5) and
to be signed by or for the Commissioner shall be admitted in evidence
without proof on its production in any court and

(a)until the contrary is proved, it shall be presumed that the
certificate is so issued and signed;





(b)shall be evidence of the amount of the medical expenses
payable under this Ordinance.

13. (1) Nothing in this Ordinance shall diminish or extinguish
any right to damages enforceable at common law for incapacity or
death resulting from pneumoconiosis.

(2) Subject to subsection (4), where any person has paid
damages for death or disability resulting from pneumoconiosis
pursuant to a judgment of any court in Hong Kong, he shall be
entitled to recover from the Fund the amount of such damages and
interest thereon together with the amount of any costs ordered by
the court to be paid by that person.

(3) Subject to subsection (4), where any person is liable to pay
damages or interest in the circumstances described in subsection (2),
at any time before the damages or interest are paid, the person
entitled to the damages or the person liable to pay them may apply
to the Board for the amount of such damages, interest and costs to
be paid from the Fund to the person entitled to the damages in
satisfaction of the judgment.

(4) Notwithstanding subsections (2) and (3), where a claim is
made against any person for damages for incapacity or death
resulting from pneumoconiosis, the Fund shall not be liable to pay
such damages or any costs-

(a)unless the person claimed against has, within 30 days of the
receipt of the claim, given written notice thereof to the
Board;

(b)unless the person claimed against takes all reasonable steps
to assist the Board to investigate the claim;

(c)if the person claimed against has, without the written
consent of the Board, made any admission of liability or
offered or promised to pay any damages or costs.

(5) Where any claim is made against any person for damages
for incapacity or death resulting from pneumoconiosis, then, subject
to subsection (4), the Board may take over and conduct in the name
of that person the defence or settlement of the claim and settle the
claim on his behalf.

(6) Where any damages, interest or costs have been paid by or
recovered from the Fund under subsection (2), (3) or (5), the Board
shall be subrogated to all such rights and remedies that the person
who has paid, or who was liable to pay, damages, may have against
any other person in respect of the liability for such damages; and the
Board shall be entitled to enforce such rights and remedies in the
name of the Board..

(7) In assessing damages to be paid for death or disability
resulting from pneumoconiosis, the court shall take into account
any compensation that has been paid or is payable.





PART 111

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 1986s.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





(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. (Replaced, 15 of 1986, s. 2)

(4) In any claim for compensation under section 5, a written report
made of findings on an inquiry under subsection (2)(a)(i) purporting
to be signed by or for the Commissioner shall, for the purposes of
section 17(1), be admitted in evidence without, further proof on its
production and until the contrary is proved

(a) it shall be presumed that the report is so made and signed;

(b) shall be evidence of the matters stated therein.

15. (1) Compensation shall be assessed by the Commissioner.

(2) When the Commissioner assesses compensation under
subsection (1), he shall issue a certificate in such form as he may
specify stating the amount of the compensation and the particulars of
the assessment to

(a) the person or dependants claiming under section 14; and

(b) the Board.

(3) An objection to the amount of the compensation assessed
under subsection (1) may be made by the person or dependants or the
Board, to the Commissioner in writing within 14 days after the receipt of
the certificate issued under subsection (2) stating the grounds of the
objection, and a copy of the objection shall be sent by the objector

(a) where the objector is the person or his dependants, to the
Board; or

(b)where the objector is the Board, to the person or his
dependants.

(4) On receipt of an objection under subsection (3), the
Commissioner shall review the assessment under subsection (1) and
shall issue to the parties referred to in subsection (2) a certificate in
such form as he may specify stating

(a) that the original assessment is confirmed; or

(b)the revised amount of the compensation and the particulars
of the assessment.

(5) The Board shall pay from the Fund compensation within 21
days after

(a) the receipt of the certificate issued under subsection (2); or

(b)where an objection is made under subsection (3), the receipt
of the certificate issued under subsection (4).

(6) A certificate purporting to be issued under subsection (2) or (4)
and to be signed by or for the Commissioner shall be admitted





in evidence without further proof on its production in any court and

(a)until the contrary is proved, it shall be presumed that the
certificate is so issued and signed;

(b) shall be evidence of the matters stated therein.

16. (1) The compensation shall be payable to or for the benefit of a
person, or, where death results from pneumoconiosis, to or for the
benefit of his dependants as provided by this Ordinance.

(2) Where there are both total and partial dependants nothing in
this Ordinance shall be construed as preventing the compensation
being allotted partly to the total and partly to the partial dependants.

(3) Where a dependant dies before a claim in respect of death is
made under this Ordinance, or, if a claim has been made, before an order
for the payment of compensation has been made, the legal personal
representative of the dependant shall have no right to payment of
compensation, and the claim for compensation shall be dealt with as if
that dependant had died before that person.

17. (1) Compensation payable where the death of a person has
resulted from pneumoconiosis shall be apportioned by the
Commissioner among the dependants of the deceased person or any of
them in such proportion as the Commissioner thinks fit, or in the
discretion of the Commissioner, allotted to any one such dependant,
and the sum so allotted to any dependant shall be paid to him or be
invested, applied or otherwise dealt with for his benefit in such manner
as the Commissioner thinks fit.

(2) Where, on application being made to the Commissioner it
appears to him that, on account of the variation of the circumstances of
the various dependants, or for any other sufficient cause, a distribution
made under subsection (1) ought to be varied, the Commissioner may
vary such distribution in such manner as he may think just:

Provided that no such variation shall be made which requires the
repayment by a dependant of any compensation already paid to him
except where such payment has been obtained by fraud, impersonation
or other improper means.

(3) Any other compensation payable under this Ordinance-

(a) shall be paid by the Board to the person entitled thereto; or

(b)if the compensation is payable under section 6 or 11 or is a
lump sum payable under paragraph 1 of Part 111 of the First
Schedule, may be paid by the Board to the Commissioner, who
shall invest such compensation for the benefit of the person
entitled thereto, in such manner as the Commissioner thinks fit.





(4) Nothing in this section shall prevent the Board from
making any payment not exceeding $1,000 direct to a person or
dependant on account of a claim which is pending settlement or
determination, and the Commissioner may orde that the whole or
any part of such payment shall be deducted from the amount of
compensation payable to the person or dependant under this
Ordinance.

(5) Subject to subsection (6), where a person who is entitled to
compensation 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. (Replaced, 15 of 1986, s. 3)

(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). (Added, 15 of 1986, s. 3)

18. (1) Subject to subsection (2) and section 9, a claim for
compensation shall be made within 24 months after the date of the
incapacity or, in the case of death resulting from pneumoconiosis,
within 24 months after the date of death.

(2) Notwithstanding subsection (1), the Commissioner may receive
and determine any claim for compensation in any case after the expiry
of the period specified in that subsection if he is satisfied that there
was reasonable excuse for the failure to make a claim within such
period.

19. Where a person in the service of, or formerly in the service of,
the Government is paid pension for incapacity, or in the case of -his
death resulting from pneumoconiosis, where pension is paid to his
dependants, under any Ordinance providing for the grant of such
pension, the Board shall pay to the Government from the Fund a sum of
money equal to the amount of money that would have been payable as
compensation had that person not been disqualified to claim
compensation by reason of section 4(3)(c).

20. (1) Subject to this section, an appeal shall lie to the Court from
any decision of the Commissioner or the Board.

(2) Except with the leave of the Court (which shall not be granted
unless in the opinion of the Court some substantial question

on s a

h

'I w
's oner

J ~be
d

of law is involved in the appeal) no appeal shall lie if the amount in
dispute is less than $1,000.

(3) No appeal shall lie in any case in which the parties have agreed
to abide by the decision of the Commissioner or the Board, or in which
the order of the Court gives effect to an agreement come to by the
parties.





(4) No appeal shall lie after the expiration of 30 days from the date
of the decision of the Commissioner or the Board:

Provided that the Court may, if it thinks fit, extend the time within
which to appeal under this section notwithstanding that that time has
elapsed.

21. (1) The Commissioner, Board or Court may, if he or it thinks fit,
submit any question of law for the decision of the Court of Appeal.

(2) Such submission shall be made in such form and in such
manner as if it were a submission under section 22 of the Employees'
Compensation Ordinance, and any rules of court made under that
Ordinance relating to submissions under that section shall apply, with
such changes as may be necessary, to a submission under this section.

PART IV

MEDICAL EXAMINATIONS

22. The Director of Medical and Health Services shall appoint a
board to be known as the Pneumoconiosis Medical Board which shall
consist of

(a) 2 medical practitioners; and

(b)the Senior Occupational Health Officer or an Occupational
Health Officer. (Amended, L.N. 248182)

23. (1) The Pneumoconiosis Medical Board may by notice in
writing require any person who is suspected to be suffering from
pneumoconiosis, or who claims compensation, to submit himself to a
medical examination on such date and at such time and place as is
specified in the notice.

(2) Where a person who receives a notice under subsection (1) is
employed, he shall as soon as possible notify his employer (if any) of
the date, time and place for the medical examination.

(3) For the purpose of attending to undergo a medical examination
an employer shall grant to the person referred to in this section the
necessary leave of absence from work and the employer shall pay the
person the wages or salary in respect of such absence from work or the
wages or salary he would have earned if he had worked during such
period.

(4) Any employer who without reasonable excuse contravenes
subsection (3) commits an offence and is liable to a fine of $2,000.

24. (1) Where a person submits himself to a medical examination in
accordance with section 23(1), the Pneumoconiosis Medical Board shall





(a)determine whether the person is suffering from pneu-
moconiosis;

(b)determine whether any permanent or temporary total or
partial incapacity has resulted from pneumoconiosis; and

(c)where the determination is that such incapacity has
resulted-
(i) determine the date upon which the incapacity com-
menced; and
(ii) assess the degree of the incapacity.

(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 (c) from
the records of the medical treatment given to the deceased person.
(Added, 15 of 1986, s. 4)

(2) In the case of death, the Pneumoconiosis Medical Board
shall, at the request of the Commissioner, determine whether the
death resulted from pneumoconiosis.

(3) The Pneumoconiosis Medical Board shall, if it determines
under subsection (1) that the permanent partial incapacity has
resulted from pneumoconiosis-

(a)determine whether the person may in the future suffer a
greater degree of permanent incapacity resulting from
pneumoconiosis; and

(b)where the determination is that the person may in the
future suffer such greater degree of permanent incapacity,
assess the extent of the greater degree of incapacity,
but such assessment shall not exceed 50 per cent of the
degree of the permanent partial incapacity assessed under
subsection (1).

(4) Where a person has elected under section 7(1)(b) for
the payment of compensation in 2 instalments and has been paid
compensation on the first occasion under section 9(1)(a), the
Pneumoconiosis Medical Board shall-

(a)determine whether the person has suffered a greater degree
of permanent incapacity since the initial assessment of the
incapacity for the purposes of payment of compensation
on the first occasion; and

(b)where the determination is that the person has suffered
such greater degree of incapacity, assess the additional
degree of the incapacity.

(5) A determination and assessment by the Pneumoconiosis
Medical Board, if not unanimous, shall be that of the majority of the
members of the Pneumoconiosis Medical Board.





(6) The Pneumoconiosis Medical Board shall issue a certificate of
its determination and assessment made under this section to

(a)the person, or in the case of the death of the person to the
dependant, who has claimed under section 14(1); (Amended,
15 of 1986, s. 4)

(b) the Commissioner; and

(c) the Board.

(7) An objection to the determination and assessment made under
subsection (1), (IA), (2), (3) or (4) may be made by the person in
question or his dependants, as the case may be, or the Board, to the
Pneumoconiosis Medical Board in writing within 14 days after the
receipt of the certificate issued under subsection (6) stating the
grounds of the objection and a copy of the objection shall be sent by
the objector- (Amended, 15 of 1986, s. 4)

(a)where the objector is the person or his dependant, to the
Board and to the Commissioner; or

(b)where the objector is the Board, to the person or his
dependant and to the Commissioner.

(8) On receipt of an objection under subsection (7), the
Pneumoconiosis Medical Board shall review the determination or
assessment under subsection (1), (IA), (2), (3) or (4), as the case may
be, and shall issue to the parties referred to in subsection (6) a
certificate stating- (Amended, 15 of 1986, s. 4)

(a)that the original determination or assessment is confirmed; or

(b) a revised determination or assessment.

(9) A certificate purporting to be issued under subsection (6) or (8)
and to be signed by or for the Pneumoconiosis Medical Board shall be
admitted in evidence without further proof on its production in any
court and

(a)until the contrary is proved, it shall be presumed that the
certificate is so issued and signed;

(b) shall be evidence of the matters stated therein.

(10) Any person aggrieved by a review under subsection (8) may
appeal to the Court against such review.

PART V

PNEUMOCONIOSIS COMPENSATION FUND BOARD

25. (1) There is hereby established a board, to be known as the
Pneumoconiosis Compensation Fund Board.

(2) The Board shall consist of not more than 10 members appointed
by the Governor of whom not more than 4 shall be public officers.





(3) The Third Schedule shall have effect with respect to the Board.

26. (1) The Board shall have the following functions-

(a) to administer the Fund;

(b)to make recommendations to the Government with respect to
the rate of levy; and

(c) to perform such other duties as are imposed on it by this
Ordinance.

(2) The Board may do all such things as are necessary for, or
incidental or conducive to, the better carrying out of the functions of
the Board and may in particular, but without prejudice to the generality
of the foregoing

(a)hold, acquire or lease all kinds of property, whether movable
or immovable;

(b)subject to subsection (3), sell or otherwise dispose of all
kinds of property whether movable or immovable;

(c)enter into, assign or accept the assignment of, and vary or
rescind any contract or obligation;

(d)subject to subsection (4), meet expenditure on any item
shown in the approved estimates of expenditure of the Board,
borrow or otherwise raise money on such security as may be
necessary, and for that purpose, charge all or any of the
property of the Board;

(e)make charges for the use of any facility or service provided
by the Board.

(3) The Board shall not sell or otherwise dispose of land granted at
nil premium by the Government except with the prior approval of the
Governor.

(4) Except with the prior approval of the Financial Secretary, no
sum shall be borrowed or otherwise raised under subsection (2)(d)
which itself, or together with all other sums previously borrowed or
otherwise raised under that subsection and still outstanding, exceeds,
or in the aggregate exceeds, 10 per cent of the approved total estimated
expenditure for the current financial year.

PART VI

FINANCIAL PROVISIONS

27. (1) There is hereby established a Pneumoconiosis
Compensation Fund which shall consist of

(a)any moneys recovered by way of levy, surcharge, penalty
and further penalty; (Amended, 1 of 1983, s. 3)

(b)any moneys provided by the Government for the purposes of
the Fund; and





(c)any other moneys lawfully received by the Board for its
purposes.

(2) The Fund shall be vested in the Board.

28. The Board shall pay from the Fund the following-

(a) compensation under this Ordinance;

(b)damages, interest and costs payable or settled under section
13;

(c) any sums payable under section 19;

(d) medical expenses;

(e) medical examination fees for medical examinations under
section 23;

(f) expenses incurred by the Board for the purposes of
this Ordinance;

(g)any other sums payable by the Board by virtue of or under
this Ordinance.

29. (1) In each financial year, before a date to be appointed by the
Governor, the Board shall submit to the Governor a programme of its
proposed activities and estimates of its income and expenditure for the
next financial year.

(2) The Board may, from time to time, with the prior approval of the
Governor, fix a period to be the financial year of the Board.



30. (1) The Board shall open and maintain an account with a bank
approved by the Director of Accounting Services.

(2) The Board shall pay all moneys received by it into the account
referred to in subsection (1).

31. All funds of the Board that are not immediately required may be

(a)deposited on fixed term or call deposit or in a savings account
in any bank nominated by the Financial Secretary either
generally or in any particular case, for that purpose; or

(b)subject to the prior approval of the Financial Secretary,
invested in such investments as the Board thinks fit.

32. (1) The Board shall maintain proper accounts and records of all
income and expenditure.

(2) After the end of each financial year, the Board shall cause to
be prepared statements of income and expenditure during the previous
financial year and of the assets and liabilities of the Board on the last
day thereof.







33. (1) The Board shall appoint auditors, who shall be entitled
at any time to have access to all books of account vouchers and
other financial records of the Board and to require such information
and explanations thereof as they may think fit.

(2) The auditors shall audit the statements prepared under
section 32(2) and shall report thereon to the Board.

34. (1) The Board shall, within 6 months after the end of each
financial year or such further time as the Governor may in any
particular year allow, submit to the Governor a report on the
activities of the Board and copies of the statements prepared under
section 32(2) and the report made under section 33(2).

(2) The Governor shall cause the reports and statements
received by him under subsection (1) to be laid on the table of the
Legislative Council.

PART VII

LEVY

35. (1) A levy shall be imposed in accordance with this
Ordinance on the value of all construction works undertaken in
Hong Kong on or after the date of commencement of this Part
and shall be payable by every contractor who undertakes any
such works.

(2) A levy shall be imposed in accordance with this Ordinance
on the value of quarry products produced on or after the date
of commencement of this Part and shall be payable by every
quarry operator.

36. (1) The Legislative Council may by resolution prescribe
the rate of levy.

(2) The rate of levy prescribed under subsection (1) shall be
based on the value of construction works or quarry products, as
the case may be.

(3) The rate of levy prescribed under subsection (1) shall come
into effect 30 days after the publication of the resolution in the
Gazette.

(4) A resolution under subsection (1) may provide that con-
struction works the value of which does not exceed an amount
specified in the resolution shall not be liable to the levy.

37. (1) The amount of levy, or of any surcharge that may be
imposed in such circumstances as may be prescribed, shall be paid
by the contractor or quarry operator, as the case may be, to the
Board within such time as may be prescribed.





(IA) If the amount of the levy or surcharge is not paid within
such time as may be prescribed under subsection (1) the contractor
or quarry operator, as the case may be, shall be liable to pay, in
addition, a penalty of 5 per cent of the amount unpaid. (Added,
1 of 1983, s. 4)

(IB) If the amount of the levy or surcharge including any
penalty payable under subsection (IA) is not paid within 3 months
after the expiry of such period as may be prescribed under subsec-
tion (1) the contractor or quarry operator, as the case may be, shall
be liable to pay, in addition, a further penalty of 5 per cent of the
amount unpaid. (Added, 1 of 1983, s. 4)

(I C) The Board may remit all or part of any penalty or further
penalty payable under subsection (IA) or (IB) if, in the special
circumstances of any case, it thinks it fair and reasonable to do so,
and, if the amount so remitted has been paid, it shall be refunded.
(Added, 1 of 1983, s. 4)

(2) Payment shall be made in accordance with subsections (1),
(IA) and (IB) notwithstanding that the contractor or quarry
operator may wish to object to the levy assessed or surcharge
imposed under this Ordinance. (Amended, 1 of 1983, s. 4)

38. (1) Any amount of levy* or surcharge, including the
amount of any penalty or further penalty, due and payable under
this Ordinance shall be recoverable as a debt due to the Board.
(Amended, 1 of 1983,s.5)

(2) An action under subsection (1) may be brought in the
Court notwithstanding that the amount due exceeds the civil
jurisdiction of the Court as may from time to time be determined
under the District Court Ordinance.

39. Any person who is knowingly concerned in, or in the
taking of steps with a view to, the fraudulent evasion of the payment
of a levy, whether due from him or from any other person, commits
an offence and is liable to a fine of $10,000 or 3 times the amount of
levy that was or was intended to be evaded by his conduct,
whichever is the greater.

,PART VIII

MISCELLANEOUS

40. The Legislative Council may by resolution amend the
amounts of compensation specified in the First Schedule and the
daily rates specified in the Second Schedule.





41. Compensation shall not be capable of being assigned, charged
or attached, and shall not pass to any other person by operation of law
nor shall any claim be set off against such compensation.

42. (1) For the purposes of assessing compensation under section
15, the Commissioner may require

(a)a person who was engaged in any employment during the
period of 12 months immediately preceding the date of
incapacity to provide particulars of

(i) his employment and earnings; and

(ii) the names and addresses of his employers, during such
period of 12 months;

(b)an employer of a person referred to in paragraph (a) to provide
particulars of the earnings of the person during such period of
12 months arising out of the employment by him of the person.

(2) The Commissioner may require a person referred to in
subsection (1) or his employer to provide such other particulars as the
Commissioner may think necessary for the purposes of this Ordinance,
and particulars under this section shall be provided orally, or in writing,
or by the production of documents as the Commissioner may direct.

(3) Any person or employer who, without reasonable excuse, fails
or refuses to provide any particulars required to be provided under this
section, or who wilfully and with intent to deceive provides any
particulars which are false in any material particular, commits an offence
and shall be liable to a fine of $1,000.

43. A certificate purporting to be signed by an officer of the Board
authorized for the purposes of section 44

(a)that any notice required by or under this Ordinance has or has
not been given or has or has not been given at any date; or

(b)that any amount of levy, surcharge, penalty or further penalty
due under this Ordinance has not been paid, (Amended, 1 of
1983, s. 6)

shall be sufficient evidence of that fact until the contrary is proved.

44. (1) Any notice or other document given or issued by the Board
may be signed by an officer of the Board, authorized by the Board for
the purposes of this subsection.

(2) Any document purporting to be a notice or other document
given or issued by the Board and purporting to be signed by an officer
of the Board authorized under subsection (1) shall be received in
evidence and shall until the contrary is proved be deemed to be such a
notice or other document.





45. Any person who-

(a)with intent to deceive, produces, supplies or sends for the
purposes of this Ordinance or otherwise makes use for
those purposes of any document or record which is false
in a material particular; or

(b)in providing any information for the purposes of this
Ordinance, makes any statement which he knows to be
false in a material particular or recklessly makes a state-
ment which is false in a material particular,

commits an offence and is liable to a fine of $5,000 or 3 times the
amount of any levy that was or was intended to be evaded by his
conduct, whichever is the greater.

46. (1) Where the Board does not pay compensation or any
other payment which it is required by this Ordinance to pay, such
compensation or other payment shall be recoverable as a debt due
from the Board.

(2) Subject to subsection (3), an action under subsection (1)
may be brought in the Court notwithstanding that the amount due
exceeds the civil jurisdiction of the Court as may from time to time
be determined under the District Court Ordinance.

(3) Notwithstanding subsection (2), where any amount to be
recovered from the Board is within the jurisdiction of the Small
Claims Tribunal established under the Small Claims Tribunal
Ordinance, an action for the recovery of the amount shall be
brought in that Tribunal.

(4) The Chief Justice may make rules regulating proceedings
before and appeals to the Court under this Ordinance and for the
fees payable in respect of such proceedings and appeals.

47. The Governor in Council may by regulation provide for-
(a) the definition and computation of earnings;

(b)the method of assessing the levy payable under section 35,
including-
(i) the valuation of construction works and quarry
products;
(ii) the notification of construction works and quarry
operations;
(iii) the notification of payments made in respect of
construction works and quarry products;
(iv) the imposition and amount of surcharges where
there has been a failure to make a notification;
(v) objections to assessments of levies and the imposi-
tion of surcharges and appeals;
(vi) information to be supplied by employers, con-
tractors, authorized persons or quarry operators;





(vii) prohibiting, subject to such exceptions as may be
prescribed, the disclosure of information; (Amended, 1 of
1983,s. 7)

(viii) the appointment of authorized persons for the
purposes of this Ordinance;

(e)records to be kept by employers, contractors and authorized
persons or by quarry operators;

(d) prescribing procedure and fees;

(e) any matter which is to be or may be prescribed;

generally for the better carrying out of the provisions and
purposes of this Ordinance.

48. Subject to section 4(2), amendments made by the
Pneumoconiosis (Compensation) (Amendment) Ordinance 1986 ('the
amending Ordinance') shall apply in the case of the death of a person
suffering from pneumoconiosis who died from a cause other than
pneumoconiosis before the commencement* of the amending
Ordinance as they apply in the case of such a death which occurs after
such commencement.

(15 of 1986, s. 5, incorporated)

FIRST SCHEDULE [ss. 5, 6, 10, 11 40.]

AMOUNTS OF COMPENSATION

PART 1

Compensation Death

1. In the case of a person under 40 years of age at the date of death, a lump
sum equal to 84 months' earnings or $299,000 whichever is the less.

2. In the case of a person of or over 40 years of age but under 56 years of age
at the date of death, a lump sum equal to 60 months' earnings or $299,000
whichever is the less.

3. In the case of a person of or over 56 years of age at the date of death, a
lump sum equal to 36 months' earnings or $299,000 whichever is the less.

4. Compensation payable under section 5 And this Part shall in no case be
less than $100,000

5. For the purposes of section 5(5), the amount of burial expenses shall not
exceed a total of $3,000 (Amended, L.N. 80183 and L.N. 322185)

PART II

Compensation for Permanent Total Incapacity

1. In the case of a person under 40 years of age at the date of incapacity, a
lump sum equal to 96 months' earnings or $341,000, whichever is the less.

2. In the case of a person of or over 40 years of age but under 56 years of age
at the date of incapacity, a lump sum equal to 72 months' earnings or $341,000
whichever is the less.





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. Compensation payable under section 6(1) and this Part shall in no case be
less than $114,000.

(Amended, L.N. 80183 and L.N.
322185)

PART 111

Compensation for Temporary Incapacity

1 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.





10. If a person in respect of periodical payments under this Part leaves Hong
Kong for the purpose of residing elsewhere without giving notice in accordance
with paragraph 9, he shall not be entitled to any compensation or other benefits
under this Ordinance during or in respect of the period of his absence.

11. If the period of such absence shall exceed 3 months, the person shall
cease to be entitled to any such compensation or benefits.

PART IV

Compensation for Constant Attention

1. Compensation for constant attention shall either be-

(a)a lump sum payment calculated with regard to the probable duration and
cost ofthe constant attention; or

(b)periodical payments, payable at such intervals as the Commissioner may
think fit, to cover periods not exceeding a total of 2 years after the date
on which the person becomes entitled to receive compensation under
section 6.

2. If on the expiry of the period of 2 years prescribed in paragraph (1)(b) the
Commissioner considers that the person is still in need of constant attention,
compensation shall be such lump sum payment, as the Commissioner may think
fit, calculated with regard to the probable duration and cost ofthe constant
attention.

3. No compensation under this Part shall be payable in respect of any period
during which the person is receiving free medical treatment as an in-patient in a
hospital or otherwise.

4. Compensation under this Part shall not exceed $137,000. (Amended, L.N.
80183 and L.N. 322185)

SECOND SCHEDULE [ss. 12(3) 40.]

MEDICAL EXPENSES PAYABLE UNDER
SECTION 12

1 Subject to paragraph 3, where a person is given medical treatment as an in-
patient in a hospital, the medical expenses payable are

(a)the total amount of the medical expenses incurred in respect of the
medical treatment; or

(b) the total amount at the rate of $30 for each day of stay in the
hospital,

whichever total amount is the less.

2. Subject to paragraph 3, where a person is given medical treatment other
than as an in-patient in a hospital, the medical expenses payable are

(a) the total amount of the medical expenses incurred in respect of the medical
treatment; or

(b)the total amount at the rate of $15 for each day on which medical
treatment is given,

whichever total amount is the less.

3. Where a person is given medical treatment on any day both as an in-
patient in a hospital and other than as an in-patient in a hospital, the daily rate
for the purposes of this Schedule shall be $30







(Amended, L.N. 322185)

THIRD SCHEDULE [s. 25.]

PNEUMOCONIOSIS COMPENSATION FUND
BOARD

1. The Board shall be a body corporate with perpetual succession and capable
of suing and being sued.





2. The Board shall not act or be treated as the servant or agent of the Crown.

3. (1) The Board shall have a common seal, the affixing of which shall be
authenticated by the signature of any 2 members.
(2) Any document purporting to be a document duly executed under the seal of
the Board shall be received in evidence and shall, unless the contrary is proved, be
deemed to be a document so executed.

4. (1) A member of the Board who is not a public officer shall, unless his
appointment is terminated or otherwise ceases, hold office for such period as the
Governor may specify.
(2) On the expiry of his period of appointment or re-appointment, any member
to whom sub-paragraph (1) applies shall be eligible for re-appointment for such
further term as the Governor may specify.
(3) Any member to whom sub-paragraph (1) applies may at any time resign
from office by giving notice in writing to the Governor, and he shall cease to be a
member from the date specified in the notice or, if no date is specified, from the date
of the receipt by the Governor of the notice.
(4) If any member of the Board, other than the chairman, is absent from Hong
Kong or is for any other reason unable to exercise the powers or perform the duties of
his office as member, the Governor may appoint another person to be a temporary
member in his place during his absence or incapacity.

5. (1) The Governor shall appoint a member to be chairman of the Board.
(2) If the chairman is absent from Hong Kong or is for any other reason unable
to act as chairman, the Governor may appoint another member to be chairman in his
place during his absence or incapacity.

6. (1) Meetings of the Board shall be held at such times and places as the
chairman may appoint.
(2) A quorum shall be 5 members.
(3) At any meeting of the Board the chairman shall preside.
(4) If the chairman is absent from any meeting of the Board, the members
present at the meeting shall elect one of their number to act as chairman in his place.
(5) The chairman or the member acting in his place shall have a deliberative
vote on all matters coming before the Board and in the case of an equality of votes he
shall also have a casting vote.

(6) If a member has a pecuniary interest in any matter to be considered at a
meeting of the Board and is present at such meeting, he shall as soon as practicable
after the commencement of the meeting disclose to the Board the fact and nature of
the interest.
(7) Such member shall, if so required by the meeting, withdraw from the
meeting while the Board is considering the matter and in any case shall not vote
thereon.
(8) Subject to this Schedule, the Board may determine its own procedure at
meetings.

7. The Board may transact any of its business by the circulation of papers, and
a resolution in writing which is approved in writing by a majority of the members
shall be valid and effectual as if it had been passed at a meeting of the Board by the
votes of its members so approving the resolution.

8. (1) Subject to sub-paragraph (2), the Board may appoint committees for
the better discharge of its functions under this Ordinance.
(2) The Board shall appoint a committee, comprising 3 members of the Board,
for the purpose of the determination of any objection under regulation 12 of the
Pneumoconiosis (Compensation) (Assessment of Levy) Regulations.
(3) The Board may in writing delegate to any committee appointed under
sub-paragraph (1) or (2) or to any employee any of its powers and functions:





Provided that no delegation under this sub-paragraph shall preclude the Board
from exercising or performing at any time any power or function so delegated.

(4) Each committee may determine its own p rocedure at meetings.

9. The Board may appoint such employees as it thinks fit and determine all
matters relating to their remuneration and terms and conditions of appointment
or employment.

10. (1) The Board may-

(a)grant, or make provision for the grant of, pensions, gratuities and
retirement benefits, to its employees;

(b) provide other benefits for the welfare of its employees and their
dependants;

(c)make payments, whether ex gratia or legally due, to the legal personal
representative of a deceased employee or to any person who was
dependent on such employee at his death.

(2) The Board may establish, manage and control or enter into an
arrangement with any company or association for the establishment, management
and control by such company or association either alone or jointly with the Board
of any fund or scheme for the purpose of providing for the pensions, gratuities,
benefits and payments referred to in sub-paragraph (1).

(3) The Board may make contribution to any fund or scheme referred to in
sub-paragraph (1) and may require its employees to make contributions thereto.

(4) In this paragraph 'employees' includes any class of employee which the
Board may specify and in sub-paragraph (1) includes former employees.
Originally 51 of 1980. L.N. 248/82. 1 of 1983. L.N. 80/83. L.N. 322/85. 15 of 1986. L.N. 321/80. Short title. Interpretation. (Cap. 317.) (Cap. 165.) Application to the Crown . Entitlement to compensation. (cap. 177.) Compensation for death. First Schedule. First Schedule, Part I. First Schedule, Part I. Compensation for permanent incapacity. First Schedule, Part II. Payment of compensation for permanent partial incapacity. Payment of compensation for permanent partial incapacity in a lump sum. Payment of compensation for permanent partial incapacity in 2 instalments. Compensation for temporary incapacity. First Schedule, Part III. Compensation for constant attention. First Schedule, Part IV. Payment of medical expenses. Second Schedule. Common law damages. Claims for compensation. Assessment and payment of compensation. Persons entitled to payment of compensation. Distribution of and payment of compensation. First Schedule, Part III. Limitation of time for claiming compensation. Board to pay compensation to Government in certain circumstances. Appeals. Power of the Commissioner, Board or Court to submit questions of law. (Cap. 282.) Appointment of Pneumoconiosis Medical Board. Medical examination. Determination of incapacity or cause of death. Establishment of Pneumoconiosis Compensation Fund Board. Third Schedule. Functions and powers of the Board. Establishment of Pneumoconiosis Compensation Fund. Payments by the Board form the Fund. Estimates and financial year. Bank account. Investment of funds. Accounts. Auditors. Statements and reports to be laid on table of Legislative Council. Imposition of levy. Rate of levy. Payment of levy and surcharge. Recovery of levy. (Cap. 336.) Evasion of payment of levy. Variation of compensation limits and daily rates for medical expenses. First Schedule. Second Schedule. Compensation not to be assigned, charged or attached. Supply of particulars. Evidence by certificate etc. Authentication, and production in evidence of documents. False statements. Jurisdiction of Court. (Cap. 336.) (Cap. 338.) Regulations. Application to deaths prior to commencement of the Pneumoconiosis (Compensation) (Amendment) Ordinance 1986. (15 of 1986.) [*25.4.86.] Incorporation and states. Status of Board. Seal. Tenure of members. Chairman. Meetings and proceedings of the Board. Transaction of business by circulation of papers. Committees. Appointment of employees and conditions of employment. Staff benefits.

Originally 51 of 1980. L.N. 248/82. 1 of 1983. L.N. 80/83. L.N. 322/85. 15 of 1986. L.N. 321/80. Short title. Interpretation. (Cap. 317.) (Cap. 165.) Application to the Crown . Entitlement to compensation. (cap. 177.) Compensation for death. First Schedule. First Schedule, Part I. First Schedule, Part I. Compensation for permanent incapacity. First Schedule, Part II. Payment of compensation for permanent partial incapacity. Payment of compensation for permanent partial incapacity in a lump sum. Payment of compensation for permanent partial incapacity in 2 instalments. Compensation for temporary incapacity. First Schedule, Part III. Compensation for constant attention. First Schedule, Part IV. Payment of medical expenses. Second Schedule. Common law damages. Claims for compensation. Assessment and payment of compensation. Persons entitled to payment of compensation. Distribution of and payment of compensation. First Schedule, Part III. Limitation of time for claiming compensation. Board to pay compensation to Government in certain circumstances. Appeals. Power of the Commissioner, Board or Court to submit questions of law. (Cap. 282.) Appointment of Pneumoconiosis Medical Board. Medical examination. Determination of incapacity or cause of death. Establishment of Pneumoconiosis Compensation Fund Board. Third Schedule. Functions and powers of the Board. Establishment of Pneumoconiosis Compensation Fund. Payments by the Board form the Fund. Estimates and financial year. Bank account. Investment of funds. Accounts. Auditors. Statements and reports to be laid on table of Legislative Council. Imposition of levy. Rate of levy. Payment of levy and surcharge. Recovery of levy. (Cap. 336.) Evasion of payment of levy. Variation of compensation limits and daily rates for medical expenses. First Schedule. Second Schedule. Compensation not to be assigned, charged or attached. Supply of particulars. Evidence by certificate etc. Authentication, and production in evidence of documents. False statements. Jurisdiction of Court. (Cap. 336.) (Cap. 338.) Regulations. Application to deaths prior to commencement of the Pneumoconiosis (Compensation) (Amendment) Ordinance 1986. (15 of 1986.) [*25.4.86.] Incorporation and states. Status of Board. Seal. Tenure of members. Chairman. Meetings and proceedings of the Board. Transaction of business by circulation of papers. Committees. Appointment of employees and conditions of employment. Staff benefits.

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