Hong Kong Ordinances

PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) ORDINANCE - SECT 40D

Survival of entitlement to compensation and payment under the Ordinance

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

(1) Where a person who is entitled to compensation or other payment dies
before the issue of a certificate by the Board under section 15B or a
determination by the Board under section 12B, the entitlement of that person
to compensation or other payment under this Ordinance shall not survive his
death, and the legal personal representative of the deceased person shall have
no claim to such compensation or other payment.

(2) Notwithstanding any other law, where a person claiming compensation under
section 14(1)(a) dies before the payment of any compensation to which that
person is entitled by virtue of a certificate issued by the Board under
section 15B, or before the payment of any medical expenses or expenses for
medical appliances to which that person is entitled by virtue of a
determination made by the Board under section  12B , the legal personal
representative of the deceased person shall have no right to payment of such
compensation or expenses, and any such amounts shall be payable- (Amended 16
of 2006 s. 30)

   (a)  except where paragraph (b) applies, to the members of the deceased
        person's family as if they were compensation to which section  17 (1)
        applied;

   (b)  in the case of expenses which were incurred by another person for the
        benefit of the person claiming compensation or were paid for by
        another person on his behalf, to that other person. (Replaced 4 of
        1996 s. 8)

(3) Notwithstanding any law, where a person claiming compensation under
section 14(1)(b) dies before the payment of any compensation to which that
person is entitled by virtue of a certificate issued by the Board under
section 15B, the legal personal representative of the deceased person shall
have no right to payment of the compensation, and any such amount shall be
dealt with by the Board as if that person had died before the issue of the
certificate.

(4) Part III shall apply to any claim by a member of family for an amount
referred to in subsection (2) as if such claim were a claim for compensation
under section 14(1)(b). (Added 54 of 1993 s. 36)