Hong Kong Ordinances

PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) ORDINANCE - SECT 15A

Interim payments of compensation to family members

Caution: This is a past version. See the current version here.

(1) Where in the case of a claim by a member of the family of a person who has
died-

   (a)  a certificate has been issued by the Pneumoconiosis Medical  Board
        stating that the person's death resulted from pneumoconiosis; and

   (b)  a certificate has been issued by the Commissioner stating that the
        claimant is a person referred to in section 4(4)(b), the Board shall,
        subject to subsection (3), make interim payments from the Fund of an
        amount equal to the average monthly earnings as defined in Part VII of
        the First Schedule.

(2) Interim payments under this section-

   (a)  shall be payable to the members of the family named in the certificate
        pursuant to section 15(2)(b) and shall be payable to such members in
        the same proportion as if it were compensation to which section  17
        (1) applied; (Amended 4 of 1996 s. 5)

   (b)  shall be payable-

        (i)    as to the first such payment, within 21 days after receipt by
               the Board of the Commissioner's certificate;

        (ii)   as to each subsequent payment, within 30 days of the preceding
               payment becoming payable;

   (c)  shall cease to be payable-

        (i)    upon the Board receiving notice that an application has been
               made for review of the Commissioner's decision as to any matter
               referred to in section 15(2)(b); or

        (ii)   upon the expiration of the period allowed under section 15(4)
               for an application for review, whichever first occurs.

(3) Any amount paid from the Fund pursuant to subsection (1)-

   (a)  shall be deducted from the compensation payable under this Ordinance
        to the members of the family;

   (b)  shall not be recoverable from the person to whom it is paid, unless
        such payment has been obtained by fraud or other improper means.
        (Added 54 of 1993 s. 15)