Legislative Council

LC Paper No. LS13/98-99

Paper for the House Committee Meeting
of the Legislative Council
on 10 July 1998

Legal Service Division Report on
a Motion under section 40 of the
Pneumoconiosis(Compensation) Ordinance (Cap. 360)

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 40 of the Pneumoconiosis (Compensation) Ordinance (Cap. 360).

2. The motion proposes to revise with effect from 1 August 1998 the levels of compensation payable under the Ordinance as follows :-

  1. the monthly compensation for pain, suffering and loss of amenities from $2,570 to $3,000;

  2. the monthly rate of compensation for care and attention from $4,050 to $4,160;

  3. the maximum amount for funeral expenses from $14,000 to $16,000;

  4. the compensation for bereavement from $70,000 to $100,000;

  5. the maximum daily rate of reimbursement of medical expenses from $160 to $175.

3. According to the draft speech of the Secretary for moving the motion (Appendix 2 to the notice of motion), the proposed 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 and Pneumoconiosis Compensation Fund Board.

4. The legal and drafting aspects of the draft resolution are in order.

Prepared by

CHEUNG Ping-kam, Arthur
Assistant Legal Adviser
Legislative Council Secretariat
9 July 1998