Hong Kong Ordinances

PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) ORDINANCE - SECT 14

Claims for compensation

(Past version on 30/06/1997).

PART III

CLAIMS FOR PAYMENT OF COMPENSATION (Amended 54 of 1993 s. 13)

(1) Where-

   (a)  a person suffers from pneumoconiosis or mesothelioma (or both) and
        wishes to claim compensation; or

   (b)  a person who suffers from pneumoconiosis or mesothelioma (or both)
        dies (whether as a result of the above disease or diseases or from a
        cause other than the above disease or diseases) and any member of his
        family wishes to claim compensation, the person, or the member of his
        family, as the case may be, shall as soon as practicable notify the
        Commissioner of his claim in such form as the Commissioner may
        specify. (Amended 6 of 2008 s. 17)

(1A) Where-

   (a)  a person has been determined by the Pneumoconiosis Medical  Board to
        be suffering from either pneumoconiosis or mesothelioma; and

   (b)  that person subsequently suffers from the other of the 2 diseases and
        he wishes to make a further claim for compensation for that other
        disease, instead of notifying the Commissioner under this section in
        respect of the further claim, he shall request the
        Pneumoconiosis Medical Board to conduct a further medical examination,
        and section 23A applies to the request accordingly. (Added 6 of 2008
        s. 17)

(2) On receipt of a notice under subsection (1), the Commissioner shall,
subject to subsection (3)-

   (a)  request the Pneumoconiosis Medical Board to examine the person for the
        purpose of determining the matters referred to in section  24 (1)(a);
        or

   (b)  in the case of the death of a person, request the
        Pneumoconiosis Medical Board to make a determination under
        section 24(2) in respect of the deceased person.

(3) Where the Commissioner is satisfied that the claimant is a person other
than a person referred to in section 4(4), he may decline to act under
subsection (2), but shall in such case inform the claimant in writing of his
decision and the reasons for the decision. (Replaced 54 of 1993 s. 14)