LC Paper No. LS 12/98-99
Paper for the House Committee Meeting
of the Legislative Council
on 10 July 1998
Legal Service Division Report on
a Motion under section 48A of the
Employees' Compensation Ordinance (Cap. 282)
The Secretary for Education and Manpower has given notice to move a motion at the meeting of the Legislative Council on 22 July 1998 under section 48A of the Employees' Compensation Ordinance (Cap. 282).
2. The motion proposes to revise with effect from 1 August 1998 the amounts prescribed for the calculation of various heads of compensation payable under the Ordinance as follows :-
- the ceiling for monthly earnings on which the maximum amount of compensation for permanent total incapacity and for death from $18,000 to $21,000 and the minimum amounts of compensation for permanent total incapacity and for death from $297,000 to $344,000 and from $262,000 to $303,000 respectively;
- the maximum amount of compensation for employees requiring attention from $356,000 to $412,000;
- the minimum amount of initial surcharge for late payment of compensation from $420 to $490 and minimum additional surcharge from $840 to $970;
- the maximum amount for burial expenses from $14,000 to $16,000;
- the maximum payment for supplying and fitting a prosthesis or surgical appliance from $28,000 to $33,000 and for repairing or renewing a prosthesis or surgical appliance from $86,000 to $100,000;
- the maximum daily rate of reimbursement of medical expenses from $160 to $175; and
- the amount deemed to be the minimum earnings per month for the purpose of calculating compensation from $2,450 to $3,490.
3. According to the draft speech of the Secretary for moving the motion (Appendix 2 to the notice of motion), the revisions take into account the price or wage movements for the full years from 1 January 1996 (when the existing levels of compensation came into effect) to 31 December 1998 and have been endorsed by the Labour Advisory Board.
4. The legal and drafting aspects of the draft resolution are in order.
CHEUNG Ping-kam, Arthur
Assistant Legal Adviser
Legislative Council Secretariat
9 July 1998