【法规名称】
【法规编号】 79967 什么是编号？
【正 文】
第11页 CAP 360 PNEUMOCONIOSIS (COMPENSATION) ORDINANCE
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[接上页] (a) a request under this section for a further medical examination shall not be made until after the expiry of a period of 21 months from the date of the last such examination or an examination under section 23(1) or 49(5); and (b) an examination under this section shall be conducted by the Pneumoconiosis Medical Board within 6 months after the request is made.(3) Where- (a) a request under this section is supported by an opinion from a medical practitioner attending the person to the effect that the person's health has deteriorated such that total incapacity or death is likely to occur before the period of 21 months referred to in subsection (2) has elapsed; and (b) the Pneumoconiosis Medical Board considers that the deterioration in the person's health is such that an early examination is warranted,the Pneumoconiosis Medical Board shall conduct an examination under this section as soon as practicable. (4) For the purposes of section 6(1)(b), a determination of the degree of incapacity by the Pneumoconiosis Medical Board under section 24(1)(b)(i) on the basis of an examination conducted under this section, other than an early examination referred to in subsection (3), shall be treated as having been made- (a) where the request for examination under this section was made at any time during the period of 6 months beginning on the expiry of the period of 21 months referred to in subsection (2)(a), on a date 2 years after the date of the last such examination or the date of diagnosis, as the case may be; or (b) in any other case, on the date on which the request under this section is made. (Added 54 of 1993 s. 26) Cap 360 s 24 Determination of incapacity or cause of death (1) Where a person submits himself to a medical examination in accordance with section 23(1), the Pneumoconiosis Medical Board shall- (a) in the case of an examination for the purposes of section 14(2), determine whether the person is suffering from pneumoconiosis, and if so- (i) determine the date from which it can be said that the person has been so suffering; (ii) determine in accordance with the Fourth Schedule the degree of incapacity resulting from the pneumoconiosis; and (iii) determine whether the person is unable to perform the essential actions of life without the care and attention of another person; and(b) in the case of an examination for the purposes of section 23A- (i) determine whether the degree of incapacity as determined in accordance with the Fourth Schedule has increased since the date of the last examination under section 23(1) or 23A, and if so the extent of such increase; (ii) determine whether the person has, since the date of his last examination under section 23(1) or 23A, become unable to perform the essential actions of life without the care and attention of another person.(2) In the case of death, the Pneumoconiosis Medical Board shall, at the request of the Commissioner, determine- (a) if no determination has previously been made under subsection (1)(a) that the person was suffering from pneumoconiosis, whether the person was suffering from pneumoconiosis at the time of his death; and (b) in the case of any person previously determined under subsection (1)(a) to be suffering from pneumoconiosis, or determined under paragraph (a) to have been suffering from pneumoconiosis at the time of his death, whether the person's death resulted from pneumoconiosis.(3) A determination by the Pneumoconiosis Medical Board, if not unanimous, shall be that of the majority of the members of the Pneumoconiosis Medical Board. (4) The Pneumoconiosis Medical Board shall issue a certificate of its determination made under this section to- (a) the person, or in the case of the death of a person, to the member of his family, who has claimed under section 14(1); (b) except in the case of a determination under subsection (1)(b), the Commissioner; and (c) the Board.(5) An application by any person for a review pursuant to section 19D of any decision of the Pneumoconiosis Medical Board as to any matter required to be determined by the Pneumoconiosis Medical Board under this section shall be made within 14 days after the receipt of the certificate issued by the Pneumoconiosis Medical Board under subsection (4) or within such further period as the Pneumoconiosis Medical Board may allow. (6) Following its review of any decision referred to in subsection (5), the Pneumoconiosis Medical Board shall issue to the persons referred to in subsection (4) a certificate stating- (a) that the original determination is confirmed; or (b) a revised determination. (Replaced 54 of 1993 s. 27) Cap 360 s 25 Establishment of Pneumoconiosis Compensation Fund Board Remarks: Adaptation amendments retroactively made - see 3 of 2004 s. 38 PART V PNEUMOCONIOSIS COMPENSATION FUND BOARD (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 Chief Executive of whom not more than 4 shall be public officers. (Amended 3 of 2004 s. 38) |
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