Hong Kong Ordinances

PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) ORDINANCE - SECT 12

Payment of medical expenses

(Past version on 18/04/2008).
(Past version on 30/06/1997).

(1) Subject to this section, a person who suffers from pneumoconiosis or
mesothelioma (or both) and to whom compensation is payable under section 4
shall be entitled to the reasonable medical  expenses in respect of such
medical treatment as is reasonably necessary in connection with the above
disease or diseases suffered by him. (Amended 16 of 2006 s. 24; 6 of 2008 s.
12)

(2) Medical expenses under this section- (Amended 16 of 2006 s. 24)

   (a)  shall be payable in accordance with Part I of the Second Schedule;

   (b)  in respect of a disease mentioned in subsection (1) shall be payable
        only in respect of the period subsequent to the date of diagnosis of
        that disease; (Replaced 6 of 2008 s. 12)

   (c)  shall not be payable where the person's employer, if any, provides a
        reasonable level of medical treatment free of charge to the person and
        the person fails, without reasonable excuse, to submit himself for
        such treatment. (Amended 16 of 2006 s. 24)

(3) Medical expenses shall not cease under subsection (2)(c) to be payable-

   (a)  in respect of medical treatment given to a person by, or under the
        supervision of, a registered medical practitioner unless the medical 
        treatment provided free of charge to him by the person's employer
        covers medical treatment given by, or under the supervision of, a
        registered medical practitioner; or

   (b)  in respect of medical treatment given to a person by, or under the
        supervision of, a registered Chinese medicine practitioner unless the
        medical treatment provided free of charge to him by the person's
        employer covers medical treatment given by, or under the supervision
        of, a registered Chinese medicine practitioner. (Added 16 of 2006 s.
        24)

(4) Medical expenses under this section shall not be payable in respect of
medical treatment given in a place outside Hong Kong unless-

   (a)  the medical treatment was given lawfully under the law of that place
        by, or under the supervision of, a registered medical practitioner or
        registered Chinese medicine practitioner in that place; and

   (b)  the medical treatment was medical treatment that might have been given
        lawfully by him or under his supervision (as the case may be) in the
        course of his practice in Hong Kong. (Added 16 of 2006 s. 24)
        (Replaced 54 of 1993 s. 9)