| To establish a scheme for compensating persons or their family members in respect of incapacity or death resulting from pneumoconiosis and for purposes connected therewith. (Amended 4 of 1996 s. 2) [Sections 1, 2, 25 to 34 (inclusive) and 36 and the Third Schedule］ 7 November 1980 Remaining provisions ［ 1 January 1981 L.N. 321 of 1980] (Originally 51 of 1980) Cap 360 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Pneumoconiosis (Compensation) Ordinance. Cap 360 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "authorized person" (获授权人) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); (Added 3 of 2004 s. 19) "Board" (委员会) means the Pneumoconiosis Compensation Fund Board established under section 25; "Commissioner" (处长) means the Commissioner for Labour; "compensation" (补偿) means compensation as provided by this Ordinance; "construction contract" (建造合约) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); (Added 3 of 2004 s. 19) "construction employer" (建造工程雇主) means an employer as defined in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); (Added 3 of 2004 s. 19) "construction operations" (建造工程), subject to section 3A, has the meaning assigned to it in Schedule 1 to the Industrial Training (Construction Industry) Ordinance (Cap 317); (Added 3 of 2004 s. 19) "contract of employment" (雇佣合约) has the meaning assigned to it in section 2(1) of the Employment Ordinance (Cap 57); (Added 3 of 2004 s. 19) "contractor" (承建商) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); "Court" (法院) means the District Court; "date of diagnosis" (判伤日期) means the date of a medical examination conducted under this Ordinance from which it is determined that a person to whom compensation is payable under section 4 is suffering from pneumoconiosis; (Added 54 of 1993 s. 2) "earliest diagnosed date" (最早诊断日期) means the date determined under section 24(1)(a)(i) as the date from which it can be said that a person has been suffering from pneumoconiosis; (Added 54 of 1993 s. 2) "employer" (雇主) includes Her Majesty in Her Government of Hong Kong and any body of persons corporate or unincorporated; (Amended 54 of 1993 s. 2) "employment" (雇用) includes any self-employment in any trade, business or profession; "financial year" (财政年度) means the period fixed by the Board under section 29; "Fund" (基金) means the Pneumoconiosis Compensation Fund established by section 27; "further penalty" (另加罚款) means the further penalty payable under section 37(1B); (Added 1 of 1983 s. 2) "hospital" (医院) means any hospital registered under the Hospitals, Nursing Homes and Maternity Houses Registration Ordinance (Cap 165) or maintained by the Crown or which is a public hospital within the meaning of the Hospital Authority Ordinance (Cap 113); (Amended 83 of 1991 s. 2) "incapacity" (丧失工作能力) means incapacity resulting from pneumoconiosis; "levy" (征款) means the levy imposed under section 35; "medical expenses" (医疗费) means all or any of the following expenses incurred in respect of the medical treatment of a person- (a) the fees of a medical practitioner; (b) the fees for any surgical or therapeutic treatment; (c) the cost of nursing attendance; (d) the cost of hospital accommodation as an in-patient; (e) the cost of medicines, curative materials and medical dressings;"medical treatment" (医治), in relation to a person who suffers from pneumoconiosis, means medical treatment of any kind whatsoever given to the person by, or under the supervision of, a medical practitioner, whether as an in-patient or otherwise; (Amended 54 of 1993 s. 2) "member of the family" (家庭成员) means- (a) a spouse, child, parent, brother or sister, grandparent or grandchild; (b) a cohabitee, that is to say, any person who at the date of death of a person was living with that person as that person's wife or husband; and (c) any other person who at the date of death of a person was living with that person as a member of the same household and had been so living for the period of 2 years immediately preceding that date; (Replaced 54 of 1993 s. 2)"partial incapacity" (部分丧失工作能力) means incapacity of a degree of less than 100% as determined in accordance with the Fourth Schedule; (Replaced 54 of 1993 s. 2) "penalty" (罚款) means the penalty payable under section 37(1A); (Added 1 of 1983 s. 2) "pneumoconiosis" (肺尘埃沉着病) means- (a) fibrosis of the lungs due to dust of free silica or dust containing free silica, whether or not such disease is accompanied by tuberculosis of the lungs, or any other disease of the pulmonary or respiratory organs caused by exposure to such dust; or |
