香港法例/HK1401 肺塵埃沉病(補償)(評估徵款)規例

" (3A) Subject to subsection (4), where any person has, with the written consent of the Board, paid an amount in settlement of a claim for damages for death or disability resulting from pneumoconiosis or for costs and interest in respect of such a claim (whether by money paid into court which has been accepted in accordance with Order 22 of the Rules of the High Court (Cap 4 sub. leg.) or otherwise), he shall be entitled to recover from the Fund the amount of such payment. (Added 54 of 1993 s. 11.

" (3A) Subject to subsection (4), where any person has, with the written consent of the Board, paid an amount in settlement of a claim for damages for death or disability resulting from pneumoconiosis or for costs and interest in respect of such a claim (whether by money paid into court which has been accepted in accordance with Order 22 of the Rules of the High Court (Cap 4 sub. leg.) or otherwise), he shall be entitled to recover from the Fund the amount of such payment. (Added 54 of 1993 s. 11.

" (3B) Subject to subsection (4), where any person has undertaken to pay an amount in settlement of a claim for damages for death or disability resulting from pneumoconiosis or for costs and interest in respect of such a claim (whether by payment into court in an action for such damages or otherwise), the Board may, on such conditions as it sees fit, pay such amount from the Fund. (Added 54 of 1993 s. 11)"

" (4) Notwithstanding subsections (2), (3), (3A) and (3B), where a claim is made against any person for damages for death or disability resulting from pneumoconiosis, the Fund shall not be liable to pay such damages or any costs- (Amended 54 of 1993 s. 11)"

" (a) unless the person claimed against has, within 30 days of the receipt of the claim, given written notice thereof to the Board;"

" (b) unless the person claimed against defends the claim diligently or, where the Board takes over and conducts the defence or settlement of the claim, assists the Board in so defending or settling the claim; (Replaced 54 of 1993 s. 11)"

" (ba) where the Board has not taken over the defence of the claim, if the person claimed against fails repeatedly and without good cause to comply with any reasonable request of the Board for information concerning the conduct of the defence of the claim; (Added 54 of 1993 s. 11)"

" (c) if the person claimed against has, without the written consent of the Board, made any admission of liability or offered or promised to pay any damages or costs."

" (5) Where any claim is made against any person for damages for death or disability resulting from pneumoconiosis, then, subject to subsection (4), the Board may take over and conduct in the name of that person the defence or settlement of the claim and settle the claim on his behalf. (Amended 54 of 1993 s. 11)"

" (6) Where any damages, interest or costs have been paid by or recovered from the Fund under subsection (2), (3), (3A), (3B) or (5), the Board shall be subrogated to all such rights and remedies that the person who has paid, or who was liable to pay, damages, may have against any other person in respect of the liability for such damages; and the Board shall be entitled to enforce such rights and remedies in the name of the Board. (Amended 54 of 1993 s. 11)"

" (7) In assessing damages to be paid for death or disability resulting from pneumoconiosis, the court shall take into account any compensation that has been paid or is payable."

" (8) Where after the commencement of the Pneumoconiosis (Compensation) (Amendment) Ordinance 1993 (54 of 1993), a person is awarded damages for death or disability resulting from pneumoconiosis in a judgment of a court in Hong Kong the whole of the person's entitlement to compensation or other payment under this Ordinance, other than compensation payable prior to the date of such judgment, shall by virtue of this section be extinguished. (Added 54 of 1993 s. 11)"

" (9) In this section ""death or disability resulting from pneumoconiosis"" (肺塵埃沉著病引致的死亡或殘疾) means death, disability, pain and suffering or any other loss or damage of any kind resulting from pneumoconiosis. (Added 54 of 1993 s. 11)"

" (b) a person who suffers from pneumoconiosis dies (whether as a result of pneumoconiosis or from a cause other than pneumoconiosis) and any member of his family wishes to claim compensation,"

" the person, or the member of his family, as the case may be, shall as soon as practicable notify the Commissioner of his claim in such form as the Commissioner may specify."

" (2) On receipt of a notice under subsection (1), the Commissioner shall, subject to subsection (3)-"

(a) request the Pneumoconiosis Medical Board to examine the person for the purpose of determining the matters referred to in section 24(1)(a); or

" (b) in the case of the death of a person, request the Pneumoconiosis Medical Board to make a determination under section 24(2) in respect of the deceased person."

" (3) Where the Commissioner is satisfied that the claimant is a person other than a person referred to in section 4(4), he may decline to act under subsection (2), but shall in such case inform the claimant in writing of his decision and the reasons for the decision."

" (1) Where the Commissioner receives a certificate issued by the Pneumoconiosis Medical Board under section 24 in respect of a claim under section 14(1), and-"

(a) the certificate states that the person claiming compensation suffers from pneumoconiosis or (in the case of the death of a person) that the deceased person suffered from pneumoconiosis at the time of his death; and

" (b) in the case of a claim under section 14(1)(a), the person claiming compensation has not previously received compensation under this Ordinance,"

the Commissioner shall determine the matters set out in subsection (2) and shall issue a certificate stating his determination as to those matters.

(2) The matters to be determined by the Commissioner and stated in a certificate issued under subsection (1) are-