Hong Kong Ordinances

PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) ORDINANCE - SECT 17

Distribution and payment of compensation

(Past version on 30/06/1997).

(1) Compensation payable to the members of the family of a deceased person
shall be paid in the following manner-

   (a)  if the deceased leaves a spouse or cohabitee but does not leave-

        (i)    a child; or

        (ii)   any member of family who had been residing with him for the
               period of 2 years immediately preceding his death, the
               compensation shall be paid to the spouse or cohabitee or both;

   (b)  if the deceased leaves a spouse or cohabitee and a child or children,
        whether or not persons mentioned in paragraph (a)(ii) also survive,
        the compensation shall be paid-

        (i)    as to 75%, to the spouse or cohabitee or both;

        (ii)   as to 25%, to the child or children;

   (c)  if the deceased leaves no child but does leave a spouse or cohabitee
        and one or more persons mentioned in paragraph (a)(ii), the
        compensation shall be paid-

        (i)    as to 75%, to the spouse or cohabitee or both;

        (ii)   as to 25%- (A) where the persons mentioned in paragraph (a)(ii)
               include one parent or both parents (whether or not other
               members of the family also survive), to the parent or parents;
               or (B) where the deceased leaves no parent, to the persons
               mentioned in paragraph (a)(ii);

   (d)  if the deceased leaves a child or children but no spouse or cohabitee,
        the compensation shall be paid to the child or children;

   (e)  if the deceased leaves no spouse or cohabitee and no child, the
        compensation shall be paid to one or other of the following persons
        mentioned in paragraph (a)(ii)-

        (i)    to the parents of the deceased; but if no parent survives; then

        (ii)   to the brothers and sisters of the deceased; but if no brother
               or sister survives; then

        (iii)  to the grandparents of the deceased; but if no grandparent
               survives; then

        (iv)   to the grandchildren of the deceased; but if no grandchild
               survives; then

        (v)    to the other members of the family of the deceased.

(2) Where compensation is payable to 2 or more persons under the same
paragraph or subparagraph of subsection (1) (including any case where
compensation is payable to both the spouse and the cohabitee of a deceased
person), equal amounts of compensation shall be paid to each such person.

(3) No compensation shall be payable to a member of the family of a deceased
person except as provided in this section.

(4) Any other compensation payable under this Ordinance-

   (a)  shall be paid by the Board to the person entitled to the compensation;
        or

   (b)  if the compensation is payable under section 6, 10 or 11, may be paid
        by the Board to the Commissioner, who shall invest such compensation
        for the benefit of the person entitled to the compensation, in such
        manner as the Commissioner thinks fit.

(5) The Board may pay from the Fund an amount direct to a person or a member
of a person's family on account of a claim which is pending settlement or
determination, and the Board may deduct the payment or part of it from the
compensation payable under this Ordinance to the person or member of his
family. (Replaced 54 of 1993 s. 17)