Hong Kong Ordinances

PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) ORDINANCE - SECT 40A

Subrogation

(Past version on 30/06/1997).

(1) Where any payment is made by the Board under section 5A to a
member of the family of a deceased person, all the rights and remedies of the
member of the family with respect to compensation or damages against a third
party, if any, whose act or default not connected with pneumoconiosis or
mesothelioma has caused or contributed to the death of the deceased person
shall, to the extent of the amount of the payment made by the Board, be
transferred to and vested in the Board for the benefit of the Fund, and the
Board may exercise such rights and remedies either by joining in an action
begun by the member of the family against the third party or by instituting
separate proceedings. (Amended 6 of 2008 s. 25)

(2) Where the amount of any such compensation or damages to which a member of
the deceased's family is entitled exceeds the amount of any such payment under
section 5A made by the Board, nothing in this section shall affect the rights
or remedies of the member of the family in respect of the amount of the
excess. (Added 54 of 1993 s. 36)