【法规名称】
【法规编号】 79853 什么是编号？
【正 文】
第13页 CAP 469 OCCUPATIONAL DEAFNESS (COMPENSATION) ORDINANCE
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[接上页] (Enacted 1995) Cap 469 Sched 4 PERCENTAGE OF PERMANENT INCAPACITY BY REFERENCE TO NOISE-INDUCED DEAFNESS [sections 20, 39 & 48] (Schedule 4 replaced 16 of 2003 s. 23) Cap 469 Sched 5 AMOUNT OF COMPENSATION [sections 21 & 39] 1. The amount of compensation payable to a claimant is a lump sum which is obtained by multiplying the percentage of permanent incapacity suffered by the claimant as determined by the Board under section 20(2) of this Ordinance by either of the following 2 sums, whichever is the less- (a) the higher of- (i) a sum calculated by multiplying the monthly earnings of the claimant by the appropriate factor in column 2 of Table 1 according to the age of the claimant at the relevant date of application as specified in column 1 of that Table- TABLE 1 Age Multiplying factor under 40 40 to under 56 56 and above 96 72 48; or (ii) the sum of $341000; or (Amended 16 of 2003 s. 24) (b) the appropriate sum specified in column 2 of Table 2 according to the age of the claimant at the relevant date of application as specified in column 1 of that Table- TABLE 2 Age Sum under 40 40 to under 56 56 and above $2016000 $1512000 $1008000 (Amended 16 of 2003 s. 24) 2. For the purpose of this Schedule, earnings include- (a) any remuneration or profit derived from an employment; (b) any privilege or benefit the value of which is capable of being estimated in money; (c) the value of any food, fuel or quarters supplied to a claimant by his employer if, as the result of the claimant's permanent incapacity, the claimant is deprived of such food, fuel or quarters; (d) any overtime payments or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed; and (e) tips if the employment be of such a nature that the habitual giving or receiving thereof is open and well known and is recognized by the employer, but do not include- (i) remuneration for intermittent overtime; (ii) casual payments of a non-recurrent nature; (iii) the value of a travelling allowance or a travelling concession; (iv) a contribution paid by the employer of a claimant towards any pension or provident fund; or (v) a sum paid to a claimant to cover any special expenses entailed on him by the nature of his employment. 3. For the purpose of this Schedule- (a) if a claimant can provide documentary evidence to the satisfaction of the Board concerning the earnings received by him as remuneration from his employer or employers in respect of his employment for 12 months in aggregate immediately preceding the relevant date of application in noisy occupations in Hong Kong, the monthly earnings of the claimant are the average monthly earnings for those 12 months; (b) if a claimant cannot provide the documentary evidence as required by paragraph (a) and he is entitled to compensation by virtue of his fulfilling the condition in section 14(2)(b)(i) of this Ordinance but not section 14(2)(b)(ii) of this Ordinance or he is entitled to compensation by virtue of section 48(1) of this Ordinance, the monthly earnings of the claimant are, subject to paragraph (ba), the median monthly employment earnings of the total employed population of Hong Kong published by the Census and Statistics Department for the quarter immediately before the commencement of Part V of this Ordinance; (Amended 5 of 1998 s. 20) (ba) if a claimant referred to in paragraph (b) has been employed at any time beginning on the commencement of Part V of this Ordinance under a continuous contract in any noisy occupation in Hong Kong, the monthly earnings of the claimant are the median monthly employment earnings of the total employed population of Hong Kong published by the Census and Statistics Department for the quarter immediately before the commencement of sections 1 to 20 of the amending Ordinance; (Added 5 of 1998 s. 20) (c) in any other case, the monthly earnings of a claimant are the median monthly employment earnings of the total employed population of Hong Kong published by the Census and Statistics Department for the quarter immediately before the relevant date of application. 3A. Section 3(b |
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