| An Ordinance to provide for the compensation and other benefits of persons who have been exposed to noise in their working environment and have suffered noise-induced deafness and for connected matters. (Enacted 1995. Amended 16 of 2003 s. 2) [Parts I to IV］ 1 June 1995 Parts V to IX and sections 40, 41, 42, 45, 46 and 47 1 July 1995 Sections 43 and 44 1 October 1995 L.N. 214 of 1995] (Originally 21 of 1995) Cap 469 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Occupational Deafness (Compensation) Ordinance. (2) (Omitted as spent) (Enacted 1995) Cap 469 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "amending Ordinance" (《修订条例》) means the Occupational Deafness (Compensation) (Amendment) Ordinance 1998 (5 of 1998); (Added 5 of 1998 s. 2) "applicant" (申请人) means a person who makes an application for reimbursement of expenses under section 27D; (Added 16 of 2003 s. 3) "Board" (管理局) means the Occupational Deafness Compensation Board established by section 4; "claimant" (申索人) means a person who has submitted an application for compensation under this Ordinance; "compensation" (补偿) means compensation as provided under this Ordinance and includes any interest payable in respect of such compensation; "continuous contract" (连续性合约) has the same meaning as in section 3 of the Employment Ordinance (Cap 57); "designated medical practitioner" (指定医生) means- (a) a medical practitioner conferred by the Hong Kong Academy of Medicine with the designation of Fellow of the Hong Kong Academy of Medicine (Otorhinolaryngology); or (b) a medical practitioner conferred by the Hong Kong Academy of Medicine with the designation of Fellow of the Hong Kong Academy of Medicine (Community Medicine) and in the field of occupational medicine;"discotheque" (的士高) means any premises used mainly for the purpose of carrying out an activity where- (a) the main attribute of the activity is dancing by the persons participating in the activity; (b) recorded music characterized by a heavy rhythmic element is provided for the activity; and (c) the control or operation of a system for playing back and broadcasting the music referred to in paragraph (b) by a disc jockey forms part of the activity; (Added 16 of 2003 s. 3)"Employees' Compensation Insurance Levies Management Board" (雇员补偿保险征款管理局) means the board established by section 3 of the Employees' Compensation Insurance Levies Ordinance (Cap 411); "employer" (雇主) includes Her Majesty in right of the Government of Hong Kong; "financial year" (财政年度) means the financial year of the Board fixed under section 8 of Schedule 1; "Fund" (基金) means the Occupational Deafness Compensation Fund established by section 6; "hearing assistive device" (听力辅助器具) means a device prescribed in Schedule 6 and any component or accessory of such device; (Added 16 of 2003 s. 3) "hearing test" (听力测验) means a hearing test designated by the Board under section 36; "hearing test centre" (听力测验中心) means a place designated by the Board as a hearing test centre under section 36; "Hong Kong Academy of Medicine" (香港医学专科学院) means the Hong Kong Academy of Medicine established by the Hong Kong Academy of Medicine Ordinance (Cap 419); "Hospital Authority" (医管局) means the Hospital Authority established by the Hospital Authority Ordinance (Cap 113); "Medical Committee" (医事委员会) means the Occupational Deafness Medical Committee appointed under section 12; "medical examination" (医疗检验) means a medical examination designated by the Board under section 36; "noise-induced deafness" (噪音所致的失聪) means sensorineural hearing loss amounting to not less than 40 dB in each ear, where such loss is due in the case of at least one ear to noise and being the average of hearing losses measured by audiometry over the 1, 2 and 3 kHz frequencies; (Amended 99 of 1997 s. 2; 5 of 1998 s. 2) "noisy occupation" (高噪音工作) means an occupation specified in Schedule 3; "reimbursement of expenses" (付还开支) means the reimbursement of any expenses under Part VIIA; (Added 16 of 2003 s. 3) "Secretary" (局长) means the Secretary for Economic Development and Labour; (Replaced L.N. 106 of 2002) "specified form" (指明表格、指明格式) means such form as may be specified by the Board under section 38. (Enacted 1995) Cap 469 s 3 Application to the Crown This Ordinance binds the Crown. (Enacted 1995) Cap 469 s 4 Establishment of the Board PART II OCCUPATIONAL DEAFNESS COMPENSATION BOARD (1) There is established a board known as the Occupational Deafness Compensation Board. (2) The Board is a body corporate. (3) Schedule 1 has effect with respect to the Board. (Enacted 1995) Cap 469 s 5 Functions and powers of the Board (1) The functions of the Board are- (a) to hold the Fund upon trust and to manage and administer the Fund in accordance with this Ordinance; |
