【法规名称】
【法规编号】 79967 什么是编号？
【正 文】
第4页 CAP 360 PNEUMOCONIOSIS (COMPENSATION) ORDINANCE
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[接上页] (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) Subsection (1) shall not apply otherwise than to- (a) a person resident in Hong Kong for 5 years or more at the date of the notification of his claim under section 14(1)(a), or resident in Hong Kong for less than 5 years at such date if he contracted pneumoconiosis in Hong Kong; or (b) the members of the family of a person who was resident in Hong Kong for 5 years or more at the date of his death, or who was resident in Hong Kong for less than 5 years at such date if he contracted pneumoconiosis in Hong Kong. (Replaced 54 of 1993 s. 3)(5) For the purposes of subsection (4), residence in Hong Kong for 5 years or more may be proved- (Amended 54 of 1993 s. 3) (a) by the production to the Commissioner of the identity card issued under the Registration of Persons Ordinance (Cap 177) to the person in question; and (b) by the production of such other evidence as may be required by the Commissioner. Cap 360 s 5 Compensation for death resulting from pneumoconiosis (1) Subject to this section, where a person dies as a result of pneumoconiosis and is survived by any member of his family, the compensation payable shall be a lump sum amount in accordance with Part I of the First Schedule. (2) Where compensation has been paid pursuant to section 6 to a person referred to in subsection (1) there shall be deducted from the amount payable under subsection (1) to that person the current value of any amounts so paid as compensation. (3) Where the amount otherwise payable under this section would be less than the amount specified in Part V of the First Schedule, the amount payable under this section shall be the amount so specified. (4) For the purposes of subsection (2) the current value of any amounts paid under section 6 shall be- (a) in the case of any amounts paid within the period of 12 months preceding the person's death, those amounts; (b) in the case of any amounts paid during consecutive 12 month periods preceding the period referred to in paragraph (a), the sum of the amounts paid in any such period increased by reference to the percentage increase (if any) in the Consumer Price Index (A) during the period beginning with the earliest month in the period and ending with the month in which the death occurred.(5) In this section "Consumer Price Index (A)" (甲类消费物价指数) means the index of that name compiled by the Commissioner for Census and Statistics. (Replaced 54 of 1993 s. 4) Cap 360 s 5A Compensation for bereavement (1) Where a person who was suffering from pneumoconiosis dies and at the time of his death no certificate had been issued by the Board under section 15B(1), compensation for bereavement shall be payable to the members of his family who survive him. (2) Compensation payable under this section shall be- (a) in the form of a lump sum amount in accordance with Part V of the First Schedule; (b) in addition to any compensation that may be payable under section 5. (Added 54 of 1993 s. 4) Cap 360 s 5B Funeral expenses Where a person to whom compensation is payable under section 4 dies as a result of pneumoconiosis, the reasonable expenses of the funeral of the deceased person as provided in Part VI of the First Schedule shall be payable by the Board to any person who has incurred such expenses. (Added 54 of 1993 s. 4) Cap 360 s 6 Compensation for incapacity subsequent to date of diagnosis (1) Where incapacity results from pneumoconiosis, the compensation payable in respect of the period beginning from the date of diagnosis shall be- (a) an amount calculated by reference to the degree of such incapacity, as follows- (i) for the period of any total incapacity, a monthly amount in accordance with Part II of the First Schedule; or (ii) for the period of any partial incapacity, a monthly amount equal to such percentage of the compensation payable in the case of total incapacity as is proportionate to the degree of partial incapacity of the person as determined from time to time under this Ordinance; and*(b) a monthly amount as specified in Part IIA of the First Schedule as compensation for any pain, suffering and loss of amenities arising from the pneumoconiosis, which amount shall be payable regardless of the degree of such pain, suffering or loss. (Replaced 4 of 1996 s. 4)(2) Compensation under this section shall be payable until death. (Replaced 54 of 1993 s. 5)_____________________________________________________________________________ Note: * Please note section 14 of 4 of 1996. It reads as follows- "14. Transitional For the avoidance of doubt it is declared that no amount shall be payable under section 6(1)(b) of the principal Ordinance as amended by this Ordinance in respect of any period prior to the date of commencement of this Ordinance.". 4 of 1996 commenced operation on 1 April 1996. |
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